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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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Her daughter left the Bondi Beach Hanukkah celebration just before the shooting, then asked, ‘Mommy, why do they hate us so much?’
The daughter of an American expatriate living about two miles from the mass killing at a Hanukkah celebration in suburban Sydney, Australia, escaped the carnage by coming home to change clothes, her mother said.
“She’d been there earlier that afternoon, on the bridge where they were shooting. She came home, changed her clothes, and was getting ready to go again,” said Michelle Stein-Evers, a former Los Angeles resident and a co-founder of the Alliance of Black Jews in 1995.
“She and her friends were on their way back to Bondi to go to the party and have something to eat, and they were stopped by the police,” Stein-Evers said. “She found out why, and she started calling everyone to let us know. Her best friend’s cousin was killed. Another best friend’s cousin was shot in the leg.”
Her daughter, who is 22, had previously locked down her Facebook account out of privacy concerns and requested that her name not be used. As the massacre unfolded Sunday, she turned to social media to search for information.
“‘Oh my God, there’s bodies everywhere,’” Stein-Evers said her daughter told her.
She also asked where her father was, amid rumors — later proven untrue — that the neighborhood where he had gone to play tennis was also affected.
Stein-Evers said the events were unfolding within minutes of their home, where she was alone after her daughter headed back toward the beach.
“It was scary. It was nothing but sirens — sirens and sirens — and helicopters,” she said.
Stein-Evers said she knew the first victim publicly identified among the dead, Rabbi Eli Schlanger, who helped organize the celebration.
“He was, by consensus, one of the nicest guys in the Jewish community in Sydney,” she said.
Antisemitic incidents have been rising in Sydney and across Australia since the Hamas attack on Israel on Oct. 7, 2023, Stein-Evers said, adding that her daughter stopped attending the prestigious University of Sydney because of campus protests.
“She was constantly being heckled, asked, ‘Where are you from? Are you Jewish? Are you an Arab? Why aren’t you with us?’” Stein-Evers said. Her daughter would not respond to the questions and eventually enrolled in distance learning through a college in Melbourne.
Stein-Evers, who has lived in the Middle East — including in Muslim-majority countries — as well as Europe and the United States, said she now has concerns about her own safety.
“I was never scared to be a Jew in America. I was never scared in Germany,” she said — a fear she said is now shared by her daughter.
“When she came home last night, she was in tears,” Stein-Evers said. “‘Mommy, why do they hate us so much?’”
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Will laying tefillin make a difference? A rabbi responds to his cousin’s murder in Australia attack
The first thing I did when I heard news of the attack at Bondi Beach — at what must have been midnight Australian time — was to call my dear friend Michelle.
No response, though that’s not atypical: an American expatriate who’s lived in Sydney for a generation, she usually doesn’t get back to me for a day or two. Then I worked social media, searching for her and anyone else I might be connected to via Jewish geography — which often means a friend-of-a-friend among Facebook users.
While searching, the enormity of the horror set in. Fifteen people dead, about 40 wounded, hundreds under fire on the beach where the Chabad of Bondi, near Sydney, held its “Chanukah by the Sea” event.
If there were people I knew — one survivor had previously written for the Forward — the names of those killed weren’t released yet, except for Rabbi Eli Schlanger, who organized the celebration. His death was confirmed by his cousin, Rabbi Zalman Lewis of Brighton, England.
“My dear cousin, Rabbi Eli Schlanger was murdered in today’s terrorist attack in Sydney. He leaves behind his wife & young children, as well as my uncle & aunt & siblings,” Lewis posted on Facebook.
Lewis turned quickly from his cousin – “More about Eli later in the week” – to what to do next.
“Do a Mitzvah today,” he wrote. “Send pictures wearing Tefillin, saying a prayer, giving extra charity, lighting Chanukah candles.”
The suggestion instantly reminded me of another by a Chabad rabbi, in answer to a question by CNN’s Jake Tapper two weeks after the Oct. 7 attack. In the face of Hamas’s evil, that rabbi said, “Every Jewish woman should please before the Sabbath and before sundown light the Shabbat candles.”
I recall seeing Tapper’s baffled expression. It’s similar to what I’m sure many who saw Rabbi Lewis’s message must be thinking: There’s a major attack on Jews and all you can say is put on tefillin? How about kill all the terrorists?
At the other extreme are those cheering on the attackers — including one friend-of-a-friend (Jewish, I’m all but certain) who posted, “At this point, these random attacks are the only way to stop Israel. It should’ve never gotten this far but unfortunately the Zionists have brought us all here.”
I have to believe — or hope — the latter is an extreme minority opinion, and I’ll spare the poster’s name lest it incite any reciprocal violent reaction.
As for the former, kill-them-all reactions immediately run into the reality that it isn’t so easy to do, illustrated disastrously by the Gaza war. Measured purely in casualties and carnage, it was a military victory. Politically and morally, it was a public-relations disaster for Israel.
That reality has led some Jews to question the wisdom of celebrating Hanukkah as a Maccabean victory. Instead, many are accentuating Gemara rabbis who argued the holiday is more about the miracle of the oil than military might.
That doesn’t mean their successors have evolved into pacifists, but Chabad rabbis are largely speaking to Jews, about being Jewish, and, as they see it, things Jews can do themselves to repair the world.
“Let’s flood the world with goodness. As Jews, we know, as difficult as it might seem, that light & good will always win,” Rabbi Lewis wrote.
You don’t have to walk into a Chabad house to hear that. My own Reconstructionist rabbi in Duluth, Minnesota, said essentially the same thing, writing to congregants on Sunday, “Let us not succumb to fear or despair but rather embrace our faith that much more resolutely.”
Maybe some prayers are answered. Hours after my calls and messages — but much sooner than her usual replies — Michelle finally responded.
“Physically, we’re fine,” she said.
So she is safe. But too many others were not. And if faith prevents a similar fate for even a single human being, pray away.
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New York Jewish leaders at menorah lighting call for solidarity and pride after Bondi Beach Hanukkah attack
(New York Jewish Week) — Rivkah Rothschild was on her way to a public menorah lighting in New York City on Sunday evening when she decided to recite a specific Jewish prayer to herself.
“I actually said Shema Yisrael, which is the prayer that we say before passing away, just in the taxi coming over, just in case there were any terrorists here,” said Rothschild just after the event.
An attorney in Midtown East, Rothschild was planning to skip the menorah lighting at Carl Schurz Park until Rabbi Ben Tzion Krasnianski, the executive director of the Chabad Lubavitch of the Upper East Side, asked her and her fellow community members to come out following the deadly shooting at a Chabad Hanukkah party in Sydney, Australia.
“I think we all are very shaken. We’re devastated by the news of what happened today in Sydney, Australia. All our hearts are all broken for the people that are suffering what they’ve experienced there,” said Rothschild. “I was fearful when I made the decision that I’m coming.”
The menorah lighting just outside of Gracie Mansion, which was hosted by the UJA-Federation of New York, Chabad of the Upper East Side and Kehilath Jeshurun, was one of dozens that took place across New York city to mark the first night of Hanukkah.
Hundreds of people crowded together on the ice-covered promenade of the park, enjoying sufganiyot and latkes, as sorrow and determination hung in the air.
“It was a very unified spirit and a strong energy, a resolute energy, an energy of conviction, determination,” said Rothschild following the event. “In my study of history, when Jews are in danger, we usually do three things. None of them work. We appease, we flee and we ignore. We’re not doing any of that now.”
Despite the attack, which killed 15 people and injured dozens more, Chabad officials and Jewish leaders across the country urged for planned Hanukkah celebrations to move ahead with added security measures.
“Out of an abundance of caution, the NYPD has significantly increased security around Hanukkah celebrations, menorah lightings, and Jewish houses of worship across all five boroughs,” wrote NYPD Commissioner Jessica Tisch in a post on X. “New Yorkers will see an enhanced uniformed presence, specialized patrols, counterterrorism resources, and additional protective measures deployed where appropriate.”
Indeed, over a dozen New York police officers and members of Chevra Hatzalah, the New York-based Jewish ambulance service, could be seen on the outskirts of the crowd as Hanukkah songs blared over the speakers.
Prior to the lighting of the menorah, which sat raised above the crowd, several rabbis, Jewish leaders and city officials gave speeches where they urged the crowd to counter the attack in Sydney by being proudly Jewish.
The incoming comptroller of New York, Mark Levine, who urged Jewish New Yorkers to attend menorah lightings earlier in the day, told the crowd that none of the public Hanukkah events throughout the city had been cancelled and that “turnout has been off the charts.”
“We are aspiring now to be modern-day Maccabees, this is who we are in New York City,” said Levine. “To those who hate us, know that we are not going anywhere. We will not let you intimidate us, not here in this park, not in front of Park East Synagogue, not in our schools, not in our subways, nowhere.”
Julie Menin, a Jewish politician who declared victory last month in the race for City Council speaker, told the children in the audience that “this too shall pass and things will be brighter.”
“This is an incredibly difficult day for the Jewish community, and it is really only by coming together and celebrating the fact that we are Jewish, that we are lighting the menorah tonight, that we are lighting the candles in the darkness, that we are going to heal, and it is only through education that we are going to fight antisemitism,” said Menin.
Throughout the speeches, many leaders also took aim at the increase in antisemitic rhetoric that has proliferated around the globe over the course of the war in Gaza.
Some also specifically decried the use of the phrase “globalize the intifada,” a common pro-Palestinian slogan that Mayor-elect Zohran Mamdani declined to condemn during his campaign. He later said he would discourage its use.
“We are shocked and heartbroken about what happened, but we’re not surprised,” said Hindy Poupko, the senior vice president of community organizing and external relations at UJA-Federation of New York. “After two years of people shouting on our streets ‘Globalize the intifada’ from New York to Sydney, words have consequences. The violent rhetoric must end, and we call on all of our leaders and our elected officials to condemn that rhetoric.”
Rabbi Chaim Steinmetz, the leader of the Orthodox Congregation Kehilath Jeshurun on the Upper East Side, also directed his commentary to the use of the phrase.
“I need to make this very clear, because some don’t understand it. Globalizing the intifada is not an unfortunate phrase, it’s not something to be discouraged, globalizing the intifada is a call to murder,” said Steinmetz. “It’s time for us to tell the truth that this anti-Zionism has led to the death of Jews in Boulder, in Washington D.C., in Leeds and in Sydney. It’s time to say that anti-Zionism kills Jews.”
The alleged attackers in Sydney may have pledged allegiance to the Islamic State terrorist group, according to news reports out of Australia. No reports have suggested that they made any specific comments during the attack.
In an extensive post on X Sunday, Mamdani condemned the attack and reiterated his commitment to “work every day to keep Jewish New Yorkers safe.”
“This attack is merely the latest, most horrifying iteration in a growing pattern of violence targeted at Jewish people across the world,” wrote Mamdani. “Too many no longer feel safe to be themselves, to express their faith publicly, to worship in their synagogues without armed security stationed outside.”
Also on the stage at Carl Schurz Park Sunday night was Rabbi Menachem Creditor, a scholar in residence and rabbi for the UJA-Federation of New York whose brother-in-law, Arsen Ostrovsky, was shot during the attack in Sydney.
“I asked him just an hour ago, what should I say to your sisters and brothers in New York as your brother? He said, darkness will never triumph. We will prevail,” said Creditor. “We have a long history of doing better than surviving, friends. We have come back from so much darkness.”
Ben Axelrod, a 30-year-old Jewish resident of the Upper East Side who was in the crowd Sunday night, said he had cried that morning when he learned the news of the attack, but did not feel deterred from coming to the menorah lighting.
“Because at the end of the day, this is not new, it is scary, but we have to keep moving for all those who passed, and we can honor their memory by continuing to be proud Jews,” said Axelrod.
Rena Tobey, a 66-year-old Jewish resident of the Upper East Side, said that she had not planned to come but decided to attend the menorah lighting after learning of the attack.
“This is about light increasing every night, and we have to know that candles are temporary, but we have to carry that light with us no matter what the darkness is in the world,” said Tobey.
Another Jewish attendee of the menorah lighting, who identified himself by his first name, Steven, said that he was not afraid to come to the event despite the attack.
“We’re a strong, vibrant community, and we’re proud of who we are, and it shows how strong and proud we are given the weather conditions that we all came out,” said Steven. “Once we start to feel fear, you’re giving in, and we don’t give in.”
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