Uncategorized
A court ruling has transformed — and limited — the way New York state can regulate yeshivas
NEW YORK (JTA) — What should happen when a yeshiva does not teach its students the legally required amount of secular studies? And who should be held responsible: the school, or the parents who chose it?
Both of those questions were at the heart of a bombshell ruling in a New York state court last week that, if it stands, will transform how the state can regulate private schools. It also poses a challenge to advocates for increased secular education in yeshivas, who have spent years pushing the state to more strictly enforce its standards in schools.
It’s the latest major development in a years-long battle between an education department that seeks to compel secular education standards across private schools and haredi Orthodox yeshivas resisting coercion from the state.
In a trial that pitted several yeshivas and their advocates against the state’s education department, a judge in Albany ruled that the state no longer has the power to effectively force yeshivas to close for not teaching secular studies in a way that is “substantially equivalent” to education in public school. According to the ruling, state law says it’s the responsibility of parents, not schools, to ensure that children receive a “substantially equivalent” secular education.
But the court also ruled that the education requirements themselves still stand. The yeshivas and their supporters had taken the department to court, hoping that the judge would fully strike down the regulations that mandated secular education standards.
Both advocates and critics of the yeshivas are celebrating parts of the ruling and lamenting others. What’s clear is that the state’s mechanism for enforcing secular education standards in private schools will have to change, though what shape it will take remains to be seen.
“It highlights and it notes that the statute itself requires parents to ensure that their children receive a substantially equivalent education, but it doesn’t impose an obligation on the schools to provide that,” said Michael Helfand, a scholar of religious law and religious liberty at Pepperdine University, explaining the ruling. “If that’s the case, there’s no authority under the statute to close the school because the school failed to provide a ‘substantially equivalent’ education.”
The regulations at issue were approved in September, soon after The New York Times published the first in a series of articles investigating Hasidic yeshivas, reporting that a number of them received public funding but fell far short of secular education requirements. The yeshivas, and representatives of haredi Orthodox communities more broadly, have decried the articles as biased and inaccurate.
According to the new regulations, if yeshivas (or other private schools) did not provide a “substantially equivalent” secular education to their students, the state could compel parents to unenroll their children and place them in a school that meets state standards — effectively forcing the school to close.
The judge who wrote last week’s ruling, Christina Ryba, found “that certain portions of the New Regulations impose consequences and penalties upon yeshivas above and beyond that authorized” by law. Ryba wrote that the regulations exceed the state’s authority by forcing parents to withdraw their children.
She added that state law does not mandate that children must receive the requisite secular education “through merely one source of instruction provided at a single location.” She added that if children aren’t receiving the necessary instruction at yeshivas, they can still get it elsewhere, in some form of “supplemental instruction that specifically addresses any identified deficiencies.”
What that ruling means, Helfand said, is that the state will have to turn to other methods to enforce those standards, such as choosing to “tie particular requirements to the way in which schools receive funding.” The state could also investigate parents, not schools — which he described as a much more arduous undertaking.
“It would then have to slowly but surely make its way through each individual family or each individual child [and] ask questions about what they’re supplementing,” he said. “It’s very hard to see exactly how the New York State Education Department could, given this ruling, ensure that every child is receiving a basic education.”
For yeshivas and their advocates, he added, “It’s not the constitutional victory that I think some hoped for but it’s a very practical victory that in the end may stymie the state’s ability to actually impose significant regulation.”
That’s the way advocates of yeshivas — including parties to the petition — appear to be reading this ruling. A statement from Parents for Education and Religious Liberty in Schools, known as PEARLS, one of the petitioners, said the ruling gives “parents the right to send their children to the school of their choice. …In sum, it provides parents and parochial schools with both the autonomy and the protections that the regulations tried to strip away.”
Another advocate of yeshivas that was party to the case, the haredi umbrella organization Agudath Israel of America, saw the ruling as “not the complete victory many were [praying] for,” according to a statement, because it didn’t strike down last year’s regulations entirely. But the group was grateful that Ryba did rule out “the egregious overreach the Regulations sought,” including the “prospect of forcibly shutting down schools.”
Rabbi Avi Shafran, Agudath Israel’s director of public affairs, told JTA that the organization was “obviously relieved” by the ruling but feels the battle isn’t over. At the beginning of the year, Agudath Israel launched a campaign called “Know Us” that aims to counter what it calls a “smear campaign” by The New York Times.
“But with elements out there bent on pressuring yeshivos to accept their own personal educational philosophy, we remain on the alert for any future attempts to limit yeshivos or parental autonomy,” Shafran wrote in an email.
While Agudath Israel may see the ruling as a partial victory, that doesn’t mean advocates for secular education necessarily see it as a total defeat. Young Advocates for Fair Education, known as YAFFED, which submitted an amicus brief to the court in support of the Department of Education, said in a press release that the ruling “is of grave concern to all parents with children in non-public schools.” Beatrice Weber, YAFFED’s executive director, said the ruling will require the group to shift its strategy, which has until now focused on compelling the schools to teach secular studies.
But she is heartened that the core requirement to provide a threshold level of secular studies still stands for parents — and she’s skeptical that haredi communities will take the risk of asking parents to violate that requirement en masse. In the end, she believes more yeshivas will, in fact, become “substantially equivalent” in order to remove that risk.
“This victory they’re celebrating is really putting them in this corner,” Weber said. “We’ll see what they decide to do but none of the claims of [the regulations] being a violation of religious freedom — none of that was accepted.”
Weber acknowledges that the burden for secular education has now shifted to parents, and “there’s not going to be someone knocking on every door” to make sure parents comply. But she noted that many haredi families interact with the state because they receive forms of public assistance, which she said could provide a built-in mechanism to pressure them to comply.
“Any time they touch the government it’s going to come up,” she said. “Many Hasidic families deal with government programs a lot — whether it’s Medicaid, whether it’s food stamps. I can’t see community leaders saying, ‘Whatever, let the families figure it out.’”
A spokesperson for the state education department declined to say whether the state plans to appeal the ruling, or what it means for future oversight of yeshivas. But in a statement, the department said the ruling “validates the Department’s commitment to improving the educational experience of all students.”
The statement added: “We remain committed to ensuring students who attend school in settings consistent with their religious and cultural beliefs and values receive the education to which they are legally entitled.”
Whatever the future holds, Helfand says the ruling reflects a new way to read the law that, for years, has driven tensions between the state and yeshivas.
“I would have expected people reading the statute not to distinguish between whether ‘substantially equivalent’ is a parental obligation or a school obligation,” he said. “The fact that the court was able to slice the obligation in such a precise way — it’s something we haven’t seen before.”
—
The post A court ruling has transformed — and limited — the way New York state can regulate yeshivas appeared first on Jewish Telegraphic Agency.
Uncategorized
Talarico blames Netanyahu, not the Israeli people, for devastation in Gaza
(JTA) — James Talarico, Texas’ Democratic nominee for the U.S. Senate, said he holds Prime Minister Benjamin Netanyahu, rather than the Israeli people, responsible for civilian devastation in Gaza.
Talarico, a Texas state representative, is running neck and neck against Republican Attorney General Ken Paxton, in a race whose results could affect which party controls the Senate this November. Israel has been one of many sources of disagreement among the candidates, who have sparred on issues ranging from affordability to immigration to reproductive rights.
“I believe that Israel, like any nation, has a right to defend its people,” the candidate said while fielding questions on Wednesday at a CNN town hall. “But I don’t believe that Benjamin Netanyahu has a right to wage war against civilians or use collective punishment or restrict aid to civilians.”
A Texas Politics Project poll, issued by the University of Texas this week, showed Paxton trailing Talarico by 3 percentage points, with 47% to the Democrat’s 50% and a margin of error of 3.34 percentage points.
Talarico said in August that he supported stopping arms sales to the Netanyahu government and conditioning military aid “on ending the death and the destruction in Gaza and the West Bank.” He declined to call the crisis “genocide,” noting that the term is being litigated in the International Court of Justice. But he said he’d “use every bit of our nation’s diplomatic and financial leverage to protect the lives of Palestinians.”
When he was pressed further by Rabbi Holly Levin Cohn of Congregation Beth El Binah in Dallas during the town hall, Talarico stressed the importance of directing his criticisms “toward Prime Minister Benjamin Netanyahu and not the Israeli people.”
Addressing Israelis’ trauma, Talarico acknowledged that the Oct. 7, 2023, Hamas attack on Israel “was the deadliest day for the Jewish people since the Holocaust.”
Cohn pushed back on his comments regarding aid restrictions, noting Israeli support of humanitarian efforts and arguing that there’s much more going on in the country than the media may be projecting.
Talarico told the rabbi he recognized that his “words carry weight” and gave her his word that he’s “going to continue to listen to all sides of this conflict.” He also expressed hope that “we can all come together to fight for a two-state solution where we have security for Israel and we have freedom and self-determination for Palestinians.”
Talarico also gave a “shoutout” to a local rabbi, Neil Blumofe at Congregation Agudas Achim in Austin. “I spent my first year of my seminary studies learning the Hebrew scriptures from a local rabbi,” he said. “Shout out Rabbi Neil Blumofe!” Cohn grinned.
The post Talarico blames Netanyahu, not the Israeli people, for devastation in Gaza appeared first on The Forward.
Uncategorized
Irish Jewish leader ‘shocked’ after hotel cancels over 70 rooms for antisemitism conference
(JTA) — DUBLIN — An Irish Jewish leader said a Dublin hotel canceled rooms reserved for European delegates after learning that they were visiting for an antisemitism conference.
Maurice Cohen, the president of the Jewish Representative Council of Ireland, said he booked over 70 rooms at the Herbert Park Hotel for people attending a meeting of the Special Envoys and Coordinators Combating Antisemitism (SECCA).
The envoys, who included Jewish community leaders, diplomats and government ministers from across Europe, were invited to the conference this week organized by the World Jewish Congress and the European Commission. The event was tied to Ireland’s Presidency of the Council of the European Union, which rotates between EU member states, and included delegates meeting with Irish Prime Minister Micheál Martin. Most of the government-appointed special envoys are not themselves Jewish.
Cohen said he met with Herbert Park Hotel’s general manager in May to inspect its conference rooms and explained the purpose of the event. According to Cohen, the manager responded by asking, “Will the IDF be involved?”
That question “shocked” Cohen, he told the Jewish Telegraphic Agency.
“I said, this is about antisemitism. It’s not about Israelis, it’s not about Israel, it’s not about the IDF,” he said.
Cohen said the manager told him she had to consult with the hotel owners to determine if his booking could be accepted. The next day, he learned that the rooms were canceled without explanation. The Herbert Park Hotel did not respond to JTA requests for comment.
Cohen booked rooms for the delegates and the conference at different hotels. He described the cancellation in a speech at the SECCA meeting on Tuesday, calling it an example of “contemporary antisemitism.”
“How quickly does the word ‘Jewish’ change a conversation?” he said to the attendees. “How easily does a gathering about antisemitism become associated with the Israeli army? And how quickly can people who were welcome when they were simply 70 hotel guests become something rather different once they are known to be attending a Jewish conference?”
Yoni Wieder, Ireland’s chief rabbi, suggested that the hotel could have based its decision on fears of controversy.
“It’s possible that whoever took the decision had no objection to the conference itself,” Wieder told JTA. “They may simply have wanted to avoid the possibility of protests outside the hotel or some other backlash.”
Ireland’s government has been sharply critical of Israel. The country has recognized Palestinian statehood, barred Israeli far-right ministers from entering its borders and in July passed a law that banned imports from Israeli settlements in the Palestinian territories. Martin has said that Israel committed genocide in Gaza, a charge Israel vigorously rejects. He has also condemned rising antisemitism in Ireland, which is home to about 2,200 Jews.
Herbert Park Hotel is “actually quite familiar with Jewish guests,” according to Wieder, who said that he has overseen kosher catering at the hotel.
Cohen, who has lived in Dublin all his life, said he had fond memories of the hotel. For years it was his favored site for meetings, New Year’s Eve celebrations and his mother’s birthdays through her 93rd.
“Over time the hotel became associated in my mind with friendship, celebration and my mother,” he said in his speech. “So it was strange that, many years later, the same hotel would acquire a very different place in my memory.”
The post Irish Jewish leader ‘shocked’ after hotel cancels over 70 rooms for antisemitism conference appeared first on The Forward.
Uncategorized
Whatever you think of Ilhan Omar, these threats are unconscionable
The Trump administration is reportedly planning to build a case to strip Congresswoman Ilhan Omar (D-MN) of her citizenship and eventually deport her.
It is my hope that American Jews — even those who do not like Omar and can recite every questionable comment she has made over the past 15 years to illustrate why — will understand this as offensive and outrageous not only because they are Americans, but because they are Jews.
The Trump administration may claim that it is building a case against Omar due to paperwork (reports suggest that they are interested in whether her father listed her age as 17 on her citizenship application when she was really 18). It is similarly filing dozens of lawsuits attempting to denaturalize citizens by trying to prove they lied in the process of gaining citizenship. However, that this is happening now, ahead of the midterm elections against a sitting member of Congress, a high-profile progressive whom the president has said should “go back” to her country of origin, suggests that it is, to put it mildly, politically motivated.
Evidently, the Trump administration sees citizenship not as a right or a responsibility but as a reward, one that can be taken away if that is seen as useful to the president and his adherents. That use could be silencing political opposition or something as simple (and callous) as an opportunity to brag about the sheer number of attempted denaturalizations.
Jews, too, have found themselves on the wrong end of political denaturalization. I do not mean to compare the Trump administration to the Nazis, but the stubborn fact is that Jews were indeed stripped of their citizenship as part of a political project in Germany and elsewhere in Europe in the 1930s and 40s. And in the early 20th century in the United States, it was Jews who politicians claimed were incapable of assimilating, of ever really being a part of the United States. These arguments culminated in legislation that kept out Jews who could have found refuge here. The threat of denaturalization and the experience of perpetual otherness is a grievous part of modern Jewish history; we should be offended by its presence in our political present.
Jewish tradition as well as history encourages us to stand up to authority when that authority is wrong. Mordecai refuses to bow to Haman; Nathan yells at King David for sleeping with Bathsheba and having her husband killed; Moses famously urges Pharoah to change his oppressive ways. Even God is on the receiving end of pushback when Abraham pleads and negotiates to spare Sodom.
I do not think one needs to be Jewish to be outraged by the attempt to denaturalize Ilhan Omar. I think it is also bone-chilling as an American who believes we, including our elected officials, have the right to openly oppose our president, and I am worried as a person who thinks it would be good to continue to live in a democratic republic. And I am sure that there are Jews who will say that Omar deserves to lose her citizenship because she has said things about Israel they do not like.
But the Jewish lens through which I see this is that it is right to challenge power when it is abused, and it is wrong for the powerful to make a show of trying to cast their opponents out of the country.
The point is not whether Trump can make good on the threat to strip Omar of her citizenship and deport her, but that it is obscene to use denaturalization as punishment for being a high-profile political opponent in the first place. If he is trying to make it more dangerous to speak out while being from the “wrong” country, then the rest of us need to say that this is a fundamental misunderstanding of what it means to be an American citizen.
We should do this because we are Americans and we should do this because we are Jews. We should do this because of the ways in which our American and Jewish identities bleed into one another. And, we should do this because we may not know exactly whether it is as Americans or as Jews that we know we have to protect the right to speak truth to power, but we know we need to do it all the same.
The post Whatever you think of Ilhan Omar, these threats are unconscionable appeared first on The Forward.
