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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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Germany’s far-right victory in eastern state election portends ‘disaster’ for centrists
(JTA) — The far-right Alternative for Germany’s victory in the northeastern state of Mecklenburg-Western Pomerania, its second in the region in as many weeks, underscores the growing popularity of the anti-immigration, nationalist party at the expense of the country’s political center.
The center-right Christian Democratic Union, German Chancellor Friedrich Merz’s party, had its worst result in any state or federal election with just 4.9% of the vote, falling short of the 5% minimum needed to enter the legislature. It’s the first time in history the party was shut out of a state parliament.
Merz himself admitted the result was a “disaster” for the CDU, saying he would remain chancellor and press on with his economic reform agenda.
The AfD won 38.2%, according to preliminary results in the sparsely populated state on the Baltic Sea, home to some 1.6 million people. The AfD’s result on Sunday more than doubled its 16.7% share in the state’s last election in 2021.
The party’s rise in the east signals it is breaching the consensus of Germany’s liberal, multicultural order and meticulously built barriers against the far right since the Nazi era. Two weeks ago, the AfD crushed its opponents in Saxony-Anhalt, sending shockwaves through Europe.
At the same time, the socialist Left Party swept to victory on Sunday in Berlin, challenging centrist coalitions from the other side of the political spectrum. Such coalitions have long dominated the country but are now fighting to keep alienated voters amid economic stagnation and global instability.
In Mecklenburg-Western Pomerania, the AfD was followed closely by the center-left Social Democrats (SPD) with 35.5% of the vote. The SPD outperformed opinion polls under the leadership of state premier Manuela Schwesig, who cast herself as a bulwark against the AfD while promising to strengthen the economy, education and social services. The Left Party trailed with 6.5% and the Greens with 5.7%.
Despite winning the largest share of votes, the AfD could struggle to form a government without an outright majority in Mecklenburg-Western Pomerania. Other large parties have refused to work with the AfD, which advocates for deporting refugees, opposing multiculturalism, protecting “German identity,” abolishing current public broadcasting and ending sanctions on Russia. The SPD could form a left-leaning coalition with the Left Party and the Greens.
In Saxony-Anhalt, the AfD also fell short of a majority with almost 44% of the vote, but has a greater chance of forming a government. The party is currently negotiating to govern with the Sahra Wagenknecht Alliance (BSW), a populist party with left-wing and right-wing positions that won 5.3% of the vote.
Leif-Erik Holm, the AfD’s candidate for state premier in Mecklenburg-Western Pomerania, said on election night that his party had a “mandate to govern.” He later acknowledged to the public broadcaster NDR that the AfD is ultimately unlikely to be part of a governing coalition, but said he expected the other parties to be “open to dialogue.”
Alice Weidel, the AfD’s national co-chair, celebrated the Mecklenburg-Western Pomerania result in an interview with the broadcaster ZDF.
“We are the strongest force and have reached the mainstream of the population, and we are the new people’s party in Germany,” said Weidel.
This article originally appeared on JTA.org.
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Coexistence is the only way and one state is a fantasy
For some time now, right-wing Zionists and left-wing Anti-Zionists have been mirror images of one another, both insisting on a one-state solution for Israelis and Palestinians. To be sure, the visions are different: one is of a Jewish-dominated ethnostate with a permanently subjugated non-Jewish minority, the latter either a utopian democratic fantasy or a violent, forced reversal of 1948.
As different as they are in some respects, though, both visions are delusions.
Clearly, many on the left still want to reverse 1948, to remove the “settler-colonialist Zionist entity” from the land and return control of it to its indigenous Palestinian inhabitants. (Never mind that the boundaries of Palestine and their demarcations of identity are, themselves, relics of colonialism.) Setting aside the virtues of these goals, it would be entirely unprecedented for a state to self-destruct in this way.
The model, of course, is apartheid-era South Africa. But whatever similarities Israel does or does not have to that state, there are critical differences as well. Most importantly, apartheid ended because of a combination of factors: international pressure (the original Boycott / Divestment / Sanctions campaign); the moral leadership of figures like Nelson Mandela; but also the fact that, by the late 1980s, nearly half the white South African population was itself opposed to apartheid, and elected a leader, F.W. de Klerk, who pledged to end it and did.
There is no analogue in present-day Israel. The upcoming Israeli elections are about many things, but the continued existence of Israel as a Jewish state is not one of them. Nor is the maximalism, ferocity, and one-sidedness of the left likely to somehow persuade Israeli Jews that erasing the Jewish state would be a good idea. Quite the contrary.
Which means that the only way to return to 1947 would be by force: an international military campaign against a nuclear power that has no intention of removing itself from the map and whose population believes it has nowhere else in the world to go. Needless to say, this scenario is as implausible as it is evil.
Of course, BDS advocates would claim that economic sanctions, the suspension of foreign aid, and international opprobrium would be enough to cause the Jewish state to voluntarily evolve into a non-Jewish, binational democracy. But the vast majority of Israel’s seven million Jewish citizens are resolutely opposed to such a change, and without military force, externally-mandated ‘regime change’ rarely happens: just look at Iran, North Korea, and occupied Tibet.
And what about the Palestinians? Does anyone truly believe that seven million Palestinians, most of whom understand themselves to be occupied, displaced, subjugated, and repressed by the state of Israel, are interested in joining hands with the same Israelis who have oppressed them for seven decades to create a new state free from ethno-nationalist trappings? Of course not. They want a state of their own, which they deserve. They, like Israelis, want to be in charge of their own destinies, to promote their own cultures, to build a society that reflects who they are and who they aspire to be.
Now, ‘two states’ may take many shapes: geographical contiguous entities, or a confederation of two governmental authorities, or others. But in some form, Palestinians and Israelis must be in charge of themselves.
This may not be an ideal arrangement, but it is the only pragmatic one. In principle, I am sympathetic to the arguments that any kind of ‘special’ nationalism, including ethno-nationalisms like Zionism, will inevitably lead to the extremism we now see in much of Israel, Europe, and the United States. In the Israeli world, such arguments were made by Yeshayahu Leibowitz and Adin Steinsaltz decades ago, and were recently discussed in a fascinating online back-and-forth between Shaul Magid and Irwin Kula. Perhaps, in retrospect, a ‘thick’ patriotism like Zionism was a mistake and Israel should only have aspired to be, as many of its initial founders wanted, a state like any other. Maybe, as soon as Zionism became religiously significant (to Israelis and non-Israelis alike), the stakes became too high.
But as the Talmudic rabbis said, avar zmano batel korbanо — basically, the horse has left the barn. Israel as a Jewish state is a reality and the overwhelming majority of Israelis want it to continue. It is not South Africa, and the dream of one democratic state from the river to the sea is a pipe dream with no tether to the actual realities of the 14 million people who live there.
And then there’s the fantasy on the Right, which is even darker.
The Right, too, wants one state from the river to the sea, only this state is an ethno-nationalist, non-democratic Greater Israel built on repression and minority rule. And (as Abdul El-Sayed aptly noted) unlike the Left, it has been building that reality on the ground for three decades now, most recently in its sociocide of Gaza and its policy of hachraah (compulsion) in the West Bank, which a recent BTzelem report describes as an “elimination project.” As B’Tzelem leader Yuli Novak put it in a recent New York Times op-ed, these policies are creating “a new phase of the political project to make Israeli Jewish control permanent while dismantling the conditions for Palestinian collective life.”
Here, too, it is hard to adjudicate between implausibility and immorality, but I’ll focus on the former. Already, Israel has lost the support of around a quarter of Americans, and a clear majority of American Jews disapprove of Israeli policies even as they do believe that Israel has the right to exist as a Jewish, democratic state. Do the likes of Itamar Ben Gvir and Bezalel Smotrich really believe that the world will simply stand by and watch Israel ethnically cleanse the West Bank without, at the very least, disastrous economic and political consequences?
Israel is a small state that, for now at least, depends on American foreign aid and the (limited) support of the world community. Even if it were militarily and morally possible to institute formal apartheid in Greater Israel, it is simply unrealistic to believe that the world will simply allow Israel to do so. Nor do half of Israeli Jews want such a dreadful, dystopian, and endlessly violent future.
These fantasies on Left and Right are not idle delusions. They are impeding the real work that is necessary to move, however slowly, toward sustainable coexistence.
First, Israelis will hopefully soon elect a new government that will rein in the extreme nationalists and take a more realistic, ethical, and constructive stance toward the Palestinians. There is not an Israeli-Jewish majority that is ready for an independent Palestinian state tomorrow. But there is, it seems, a majority that wants the ethnic cleansing, ultra-nationalism, and settler-extremist vigilantism to end, and that, at least, is a step toward coexistence — a step toward normalization.
Will the next Israeli government be as progressive as I, personally, would like? Almost certainly not. But will it be more progressive, or at least less regressive, than the current one? This is what I pray for. Contrary to what the Left and Right insist, there are many kinds of Zionism. Even if only for pragmatic reasons, I support the more progressive, just, and coexistence-oriented kind.
But American one-staters on both sides have obstructed it.
On the Right, hundreds of millions of American dollars have put thumbs on the Israeli-electoral scales for decades, while AIPAC and others have obstructed reasonable steps toward coexistence, such as conditioning military aid on Israeli compliance with international legal norms.
Meanwhile, on the Left, the insistence that all Zionism entails racism, colonialism, and genocide makes pragmatism more difficult, as any deviation from the anti-Zionist line renders progressive politicians treyf. And then, of course, is the rhetoric: blood libel, genocide, antisemitism, apartheid. Everyone on the other side is evil: musicians, politicians, artists, filmmakers, rabbis, and activists are all either Jew-haters or genociders, with no other options in between.
I think I speak for a majority of American people and American Jews when I implore everyone to tone it the f—k down.
If it isn’t clear by now, reasonable, non-hateful people profoundly disagree about how to understand what happened in Gaza, how it relates to what happened on Oct. 7, and how to negotiate living with people who strongly disagree with one another.
And I think a majority of American Jews are sick to death of the extremism. I’ve been canceled by both sides, personally, and I can testify to the exhaustion. I think we are sick of both sides’ ignorance, intolerance, and the inability to listen to multiple narratives.
We’re sick of the Left ignoring Israeli security and the Right only talking about Israeli security. We’re sick of the Left talking only about Palestinian safety and the Right never talking about Palestinian safety. We’re sick of the Right failing to acknowledge Palestinian dispossession and the Left failing to acknowledge the UN resolutions of 1947, the Holocaust, or the ancient Jewish ties to the land. We’re sick of the Right refusing to watch videos and films about Gaza, and the Left refusing to watch them about Oct. 7. (And no, we’re not trying to compare, equate, or measure the horror in one way or the other.)
Closer to home, we’re sick of the hypocrisy, hysteria, and weaponization of overheated rhetoric on all sides. We’re sick of how the Right refuses to call out (in the last month alone) concentration camp imagery, Islamophobia, and actual genocidal rhetoric on its side while harping on any insufficiently-apologetic apology by an accused antisemite. And we’re sick of how the Left refuses to call out voices who say that supporters of Israel are making themselves into targets of violence or that Bibi Netanyahu is an Emmanuel Goldstein-George Soros style puppetmaster of everything wrong with the world. Everyone in this rhetorical battle is living in glass houses and throwing stones at the other side.
Most of all, we’re sick of the incitement, the self-righteousness, the certainty, the maximalism, the rage-bait, the bullying, the demonization, the good guys/bad guys narratives, the harassment, the ‘de-normalization’ and the inability to tolerate disagreement. All, again, on the Left and the Right alike.
Most of us know that the Israeli government has behaved appallingly over the last few years. What happened in Gaza began as a defensive war but became a war of annihilation, with horrifying amounts of death and an aim, among some at least, to destroy Gazan society. But most of us also know that Israel is not a colonialist enterprise because Jews have no home country to which they can return, that Hamas is evil, that Jewish ties to the Land of Israel date back thousands of years, and that the Jewish state, for better or for worse, has been a reality for almost 80 years and is not going to self-destruct.
At the end of the day, whatever some left-wing activists or right-wing billionaires might like to happen in the Middle East, neither Israelis nor Palestinians are going anywhere. Eventually, in ten years or a hundred, these groups will have to live alongside each other, in one form or another. The clock cannot be turned back. Coexistence is the only way.
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Ontario Jewish community saddened, but not shocked, by shootout outside synagogue
(JTA) — TORONTO – Doug Warren, 56, was attending Kol Nidre services at the Sons of Jacob synagogue in Belleville, Ontario on the eve of Yom Kippur on Sunday. Prayers were just about to begin when he heard the gunshots.
“The rabbi had just started to call us into the sanctuary. We were stepping inside, and we heard this loud bang, and we all stopped,” Warren, a member of the congregation, told the Jewish Telegraphic Agency. “It sounded like someone was banging the window or the door.”
It was a 29-year-old former Canadian soldier exchanging gunfire with a police officer stationed outside the synagogue. The shooter, Sean Ward 29, of Quinte West, Ontario., died from his wounds on Tuesday. The officer, Const. Jeff Smith, a 13-year veteran of the force, remains in the hospital in critical condition.
Little is known of Ward, who served in the Canadian military from 2017 to 2022, and was never deployed.
“We knew this was going to happen,” Warren, a member of Sons of Jacob and a resident of Belleville. told JTA. “We’ve been saying as Jews that we’re very concerned with the rise of antisemitism. What did you think was going to happen? People weren’t taking it seriously.”
As the gunfire continued, congregants scrambled to find safety. “Some people suggested we should go to the basement, others said we should go out the back door,” he recalls. “At the same time, you’re just frozen because you don’t know what’s going on or what to do. Eventually the shots stopped.”
Warren said the congregation is extremely grateful to Smith, who was stationed outside the synagogue in an unmarked vehicle. “This guy’s a hero. I can tell you the gunman was coming for us inside, and he was trying to take out our armed protection first,” he said. “We’re praying for [Smith’s] recovery.”
Once police arrived at Sons of Jacob, they instructed everyone to wait inside until the area was clear. Congregants were then taken to the Belleville police station, where they were offered donuts and coffee, which Warren said they politely declined on account of fasting for Yom Kippur.
Richard Marceau, General Counsel and Senior Vice President of The Centre for Israel and Jewish Affairs, echoed Warren’s concerns. “I wish I could say that I was surprised or shocked, but I was not,” says Marceau. “Unfortunately, in 2026 in Canada, we’ve come to expect this type of thing. It just tells us that the promise of Canada has been broken.”
The Belleville shooting came two days after the arrest of 19 year-old Alexander Parfitt after posting online threats to shoot up a synagogue in Southern Ontario.
Marceau said that Canadian politicians have not sufficiently addressed the threat of antisemitism. “There has been an all-level failure in the political sector and in law enforcement,” he said. “It is a failure to understand the threats that Jews are facing.”
According to Marceau, anti-Israel and anti-Zionist discourse have also contributed to rising antisemitism and endangered Canadian Jews. “Anti-Zionism is driving violence against Canadians, and the double standard against Israel is playing a role,” Marceau said. “Politicians need a clear plan, not just to talk about extremist ideologies, organizations and foreign state actors. There needs to be a meeting of all levels of government to ensure that the extremist networks are disrupted.”
Anti-Israel sentiment was a point of contention Sunday evening. Canadian Jewish politician and leader of the New Democratic Party (NDP) Avi Lewis posted on X shortly after 8 p.m. that on Yom Kippur he was “reflecting on the fact that we have not done our part to stop an ongoing genocide being committed in our name.”
About an hour earlier, Ward opened fire outside Sons of Jacob. It was not clear whether Lewis knew the shooting had occurred when he had posted. He did not respond to a request for comment.
Canadian Member of Parliament Anthony Housefather responded to Lewis’ post, stating that “holding Canadian Jews and Jews across the world collectively responsible for events over which they have no control is despicable.”
Lewis said in an post the following day that the attack “is yet another reminder of the work that remains to create a Canada that is truly safe for people of all faiths, including Jewish people – to worship, to come together, to live without fear.” In a press conference he rejected claims that he was collectively blaming Jews for Israel’s actions.
Despite the events Warren witnessed on Sunday evening, he remains assured in the resilience of his local Jewish community. Unable to access their synagogue, Warren says the Sons of Jacob congregation gathered at a Best Western hotel on Monday evening for services.
“We want to keep going, but we know it’s not going to be easy. We might get emotional when we first get back inside the synagogue, and we’ll just have to work through that,” he says. “This will not stop us.”
This article originally appeared on JTA.org.
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