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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.”
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For Venezuela’s historic Jewish community, the earthquake is a crisis they can’t afford
Less than two hours after two powerful earthquakes left hundreds dead and thousands missing in northern Venezuela, including its capital city of Caracas, families whose homes had been rendered unlivable began to make their way to Hebraica, the Jewish community center in Caracas, where they spent the night sleeping on beach chairs and in cars parked on the center’s football field.
That night, more than 400 people sought refuge.
“Based on all the years of hardships we’ve had — massive power outages and other problems — the community already knows where they can go if something happens,” said Roberto Mishkin, president of the Union Israelita de Caracas, the country’s largest Ashkenazi Jewish congregation, adding that aftershocks are still rattling the area.
“A lot of people don’t want to return because they live on high floors. They’re scared.”
The sprawling campus of Hebraica— built decades ago when Venezuela’s Jewish population numbered around 30,000 — has become an emergency shelter, complete with mattresses, medical care, communal meals and preparations for Shabbat.
According to community leaders, two members of Venezuela’s Jewish community have been confirmed dead, and several others remain missing. Hundreds more are displaced — their houses destroyed or severely damaged.
“People are worried, very worried, very anguished, and a lot of people don’t know if they can go back to their homes,” said Elias Farache, the former president of the Sephardic community in Venezuela and a former leader of the Venezuelan Zionist Federation.
“It’s the club, so people feel very comfortable in this place,” he added, explaining that the tight-knit community has found comfort in gathering together.
Mishkin says Venezuela’s Jews have been in dire straits for years. Before the earthquake, more than 300 Jewish families received food and medicine through local Jewish organizations such as Keren Ezra, which receives support from international partners, including the American Jewish Joint Distribution Committee, commonly known as the Joint.
Under normal circumstances, Keren Ezra distributes staples such as raw chicken, rice and other groceries. Now, many families no longer have kitchens, so Keren Ezra has been distributing tuna, rice, crackers, cookies, coffee and other emergency supplies to people seeking shelter at Hebraica. Hundreds of displaced people are relying on the organization’s reserves.
“We’re trying to manage the problems as they come, because to be hysterical doesn’t help,” said Syma Farache, a Caracas-based community member and the director of Keren Ezra. “We do have products in stock for emergencies. We buy them four months in advance, but now we realize it’s not enough because we didn’t expect this.”
Several Israeli and international Jewish organizations are working to send aid and rescue teams to Venezuela. Because Israel does not maintain an embassy or consulate in the country (former President Hugo Chávez severed diplomatic ties with Israel in 2009), Jewish community leaders are also coordinating with Venezuelan authorities to facilitate the arrival of these personnel. The first of these organizations began arriving on Friday, with the Jewish humanitarian organization CADENA reaching Venezuela, and an Israeli rescue team expected to arrive on Sunday. Others, including IsraAID and the Joint, remain on standby until Caracas’ airport reopens.
Farache said while there is no shortage of supplies yet, there could be if the airport does not open soon.
For now, community leaders are trying desperately to maintain a sense of normalcy. On Friday, they purchased mattresses so evacuees would no longer have to sleep in their cars or on beach chairs. A rabbi plans to spend Shabbat at the community center, while volunteers prepare cholent, the traditional Shabbat stew, to feed the displaced. Early next week, organizers hope to open a communal kitchen for those who cannot afford to purchase meals.
But addressing the immediate aftermath is only the beginning. Hundreds of displaced people will need housing
“Now everybody here is safe,” Mishkin said. “We’re feeding a few families, and we’re trying to make do, but this is a very poor community.”
He recalled that Venezuela’s Jewish community was once among Latin America’s most prosperous. The community has declined sharply over the past two decades, from a peak of 30,000, as part of a broader exodus that saw 7 million people leave the country due to political, economic and social challenges, including rising antisemitism.
The economy has seen a slight upturn since U.S. forces removed Venezuelan leader Nicolás Maduro in January, but day-to-day life for most residents remains a struggle. Community institutions have continued to serve members and adapt to the new reality, all while struggling to raise money for social services.
“We used to be a donor community. We sent money all over the world,” Mishkin said. “After 25 years of a complicated country, we have an elderly and not economically prosperous community. Most of the people whose houses are severely damaged are not going to be able to afford to fix them.”
Without property insurance, many families will have few options. Many also lost their businesses.
“They cannot stay on a mattress forever,” Mishkin said. “They cannot afford, on their own, the repairs or a new place to live. That’s our main concern—how to help these families have a decent place to live.”
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Texas creates required reading list that includes Anne Frank and the Bible
(JTA) — Texas instituted on Friday the nation’s first-ever statewide K-12 required reading list for public schools. Students in public schools will soon be required to read Anne Frank’s diary and a host of Bible passages, along with other Jewish- and Holocaust-related texts.
The decision has drawn vigorous objections from some of the state’s Jews. Several local rabbis and other Jewish leaders pushed back on the proposal during the public comment period in the lead-up to the vote this week because of concerns including injecting Christian content into the schools.
In a vote Friday of nine to five, the Republican-controlled state education board approved the list, mandating reading selections usually left to individual schools and teachers. The curriculum will go into effect in 2030 and apply to the roughly 5.5 million schoolchildren in Texas public schools.
The move comes as the board has increasingly sought to incorporate Christianity into the state’s public schools, including in 2024 when it approved an optional Bible curriculum for elementary schools that drew pushback from Jewish parents and advocates. Last year, Republican lawmakers in the state also required the display of the Ten Commandments in every public school classroom.
The passage of the reading list follows an effort by the state’s conservative education leaders to reverse a nationwide decline in the number of books read or assigned in class and exercise control over the texts students are exposed to.
In recent years, Texas has been at the forefront of the national wave of book removals, with several districts pulling books about the Holocaust and Jewish history, including versions of Anne Frank’s diary. Decisions by the state education board have historically had an effect on schools nationwide, in part because of the vast population of school age students in the state.
The new reading list, which spans over 150 titles, includes Elie Wiesel’s Holocaust memoir “Night”; Lois Lowry’s young-reader Holocaust novel “Number the Stars”; George Washington’s letter to a Rhode Island synagogue in 1790, and the “original edition” of Frank’s diary. Conservatives, including in Texas, have objected to a graphic novel version that illustrates passages in which the diarist describes her sexual longings.
Other books on the list include “Charlotte’s Web” by E. B. White and “Animal Farm” by George Orwell.
Beginning in the fourth grade, students will also be required to read numerous passages from both the Hebrew Bible and New Testament, a requirement that has drawn fierce opposition from some Texas Jewish leaders.
Board members continued to propose last-minute additions to the list right up until the vote Friday afternoon, adding the Biblical parable Jonah and the Whale to the first grade curriculum.
The final reading list was pared down from roughly 300 texts after the board initially discussed the proposal in February. At the time, state education board leaders told JTA that they had consulted with experts including the Texas Holocaust, Genocide, and Antisemitism Advisory Commission, a state government body.
On Monday, a host of rabbis and Jewish leaders attended a Board of Education meeting to voice their opposition to the reading list, including Joshua Fixler, a rabbi at Houston’s Reform Congregation Emanu El.
“There is a difference between teaching about religion and teaching religion, and these texts are going to put Texas teachers in the position of teaching religion to our kids,” Fixler told JTA following Friday’s vote.
Fixler said he believed the required reading list would cause children of all faiths to feel “alienated and isolated” because they would “see the state endorsement of one particular religious tradition.”
Fixler particularly objected to “Night” being part of the same eighth-grade unit as chapter three of the Book of Lamentations, which discusses the destruction of Solomon’s Temple in Jerusalem as God’s punishment for the sins of the Jews.
“To associate that with a Holocaust text like Elie Wiesel’s classic work of ‘Night’ is to imply that the Jews might in some way be responsible for the Holocaust,” Fixler, who has three children in Texas public schools, explained.
Rabbi Neil F. Blumofe, the senior rabbi of Conservative Congregation Agudas Achim in Austin, said that he was concerned that the list’s focus on Holocaust-based text would reduce students’ understanding of Jewish history.
“If one only teaches the Jewish civilization or religion as catastrophe-based, I think that that gives a narrow focus, and also can cause issues of what Judaism is and what its relevancy is currently versus what it used to be in the past,” Blumofe said.
Blumofe added that he had “yet to see an effective curriculum or teacher’s guide or ways to sensitively recognize that these are works of civilization versus works of a particular theology.”
Laney Hawes, the co-founder of Texas Freedom to Read Project, told JTA that she was “seething” over the result of Friday’s vote.
“The lists are promoting a singular narrow ideology,” Hawes said, adding that while proponents of the required reading stressed that it promoted “Judeo-Christian values,” she believed it excluded Jewish perspectives.
“I want my children to have a worldview that is vast and diverse,” Hawes, who is not Jewish, said. “If they’re going to be forced to read certain books, I want those books to represent a plethora of perspectives, not just one world view.”
Fixler and Hawes said that they planned to gather with other local advocates to consider ways to fight the new curriculum. For Fixler, he hoped the outcome would emphasize for others the importance of voting in school board elections.
“I think that this should be a wake-up call to people who have been sleeping about the ways in which Christian nationalism is shaping policy on local, state and federal levels,” he said.
This article originally appeared on JTA.org.
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The biggest Jewish issue in New York’s most Jewish primary wasn’t really Israel
Much of the pro-Israel world seems to have seen New York’s Tuesday Democratic primaries as bad for the Jews. When it comes to at least one race, that perspective needs revising.
Yes, Brad Lander, who is highly critical of Israel, defeated the AIPAC-backed incumbent Rep. Dan Goldman in NY-10 — which, according to the Jewish Electorate Institute, boasts the second-highest number of Jewish voters of any district in the country. But seeing that result as “bad for the Jews” misunderstands what the candidates, both of whom are Jewish and self-professed Zionists, were arguing about.
Both are motivated by a profound wish to protect Jews in the United States from rising hatred. Both understand how high the stakes are. What divided them was the question of how to govern well for Jews — a new iteration of a dispute between two robust strains of Jewish thought that extend deep into our shared history.
Both Lander and Goldman ran on their Jewish identities and built explicit plans for confronting antisemitism into their pitches to voters.
Goldman called himself a “proud Zionist,” and told the NY Jewish Week “I do think there is an undercurrent of antisemitism in the degree to which AIPAC seems to be vilified,” even as he said he’d pushed AIPAC to be more willing to criticize the Israeli government.
Lander, upon winning by an almost two-to-one margin, told supporters, “I will be one of the Jewish members of Congress most willing to stand up for Palestinian human rights, and I will stand firmly against bigotry aimed at Jews. Those are not two different jobs. They are the same job.”
Both men accepted, as a starting premise, that antisemitism is rising and real. What they disagreed about was where the danger is concentrated, and which set of political alliances will actually help contain it.
Goldman focused on concerns about the political left’s tendency to treat Zionism as suspect. He prioritized standing with Israel, staying close to its institutional defenders, and refusing to let the loudest progressive critics define what counts as acceptable Jewish politics.
Lander, instead, argued that conflating support for the Israeli government with Jewish safety leaves Jews exposed if and when that government’s policies become impossible to defend. His strategy: decouple Jewish identity from Israeli state policy, ally with the growing progressive coalition in New York politics, and fight antisemitism from inside that coalition’s ranks rather than outside and against it.
Both of these approaches draw from recognizable, longstanding strains of American Jewish thought. Goldman hewed to the camp of covenantal loyalty first and foremost to the Jewish people, and, by extension, to Israel as a sacred trust. And Lander hewed to the camp of universalist ethics and solidarity with the marginalized.
To call one of those stances worse for Jews than the other ignores the historical truth that both are deeply grounded in American Jewish life. But there is something potentially troubling for Jews about this contest: the evident truth, which it displayed, that the rift between these two schools of American Judaism is widening rather than closing.
That split isn’t really about the state of Israel. It’s a much older argument inside Jewish thought, about whether Jewish ethics point outward or inward first.
The universalist strand understands much of the Hebrew Bible, and centuries of subsequent commentary, as promoting the idea that justice is owed to everyone. It lives by the instruction to remember that we were once strangers in Egypt and the commandment that the same law applies to the stranger as to the native-born. It follows the prophets who reserved their harshest words not for the Jewish people’s enemies, but for that people’s own failures to protect the poor and the powerless.
According to this reading, Jews must practice solidarity with anyone suffering. A Jewish politics that didn’t extend itself to advocating for Palestinians, immigrants, or any other group facing state violence would be failing the tradition rather than honoring it.
The particularist strand reads the same texts and the same history and draws an opposite lesson: that universalism without a prior, unapologetic loyalty to one’s own people is exactly the moral posture that left Jews undefended for most of their history. This strand sees that loyalty as a structural condition that allows Jewish communal survival. To its gaze, a Jewish politics that can’t put Jewish safety first, especially after the Hamas attack of Oct. 7, has lost its way.
What makes the tension between these stances difficult to resolve is that both readings are genuinely supported by the textual and historical record, which is long and varied enough to furnish ammunition for either side without anyone needing to misquote it.
Goldman and Lander didn’t invent this fight. They just gave New York’s most Jewish congressional district a chance to vote on it again, in a fresh context, with the war in Gaza standing in for whatever the live test case happened to be a generation ago — and whatever it will be will be in the next crisis in Jewish history.
That divide is part of why framing progressive victories on New York’s primary night as a loss for Jews flattens something more interesting happening inside NY-10 specifically. This election was a fight between two Jewish candidates, on some of the most Jewish terrain in the entire country, with each offering a fully worked-out theory of how to keep Jews safe, and each able to point to real receipts.
That is not a fight over whether Jews matter in New York politics. It is a fight over which of two coalitions — one anchored to Israel and institutional Jewish groups, and one tied to the multiracial progressive coalition reshaping the city — is the safer harbor for American Jews going forward.
It’s fair to be concerned about how bitter that fight seems to be becoming. But it’s also fair to celebrate the fact that Jewish life can still maintain such rich ideological diversity. This was a constructive political race conducted between Jews, waged substantially in Jewish terms, over which political strategy actually protects Jewish life in a moment when antisemitism is on the rise. It’s arguable that to have the choice between candidates like Goldman and Lander, who take their own Jewishness seriously enough to fight about what it should mean in American politics, is actually very good for the Jews.
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