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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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PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors
(JTA) — The president of PEN America resigned over the weekend in protest of a report on boycotts targeting Jewish and Israeli authors, part of yet another round of internal division over Israel at the literary free-speech institution.
Dinaw Mengestu, an Ethiopian-American novelist and Bard College professor, told The Atlantic he was stepping down because he believed the PEN report, “A Silent Moratorium,” failed to defend the free-speech rights of participants in the movement to boycott Israel.
“It’s the First Amendment that allows all of us to engage in boycotts, not PEN America,” Mengestu told the publication. “PEN America as a free expression organization is supposed to defend that right.”
The author did not respond to multiple Jewish Telegraphic Agency requests for comment, but in an Instagram post Monday alluded to an interest in creating a new organization to rival the prominent nonprofit, which defends the free expression rights other writers.
In response to an interview request, PEN sent a statement to JTA saying it was “grateful” for Mengestu’s leadership and would “respect” his decision. The statement also alluded to PEN’s own past turmoil: “We tell hard stories, in politically challenging moments, about writers from a range of perspectives, even when it’s uncomfortable for us given our own recent history.”
In its report, published on its blog, PEN described “Jewish and Israeli writers who feel that the mainstream literary world is increasingly shutting them out because of their identity, nationality, or views.” Interview subjects include several Israel critics, as well as literary agents who assert that they face more difficulties signing Jewish authors after the Oct. 7, 2023, Hamas attack on Israel and amid the subsequent war in Gaza. The report also repeatedly cited a JTA report about a 2024 viral list of “Zionist” authors to boycott.
Among other details, PEN’s report revealed that Israeli novelist Etgar Keret and public radio host Ira Glass had cancelled a planned live event in Australia over fears of threats and protest.
“This silencing and exclusion of writers is a threat to what PEN America is fundamentally committed to defending: a culture of free expression for all,” according to the report.
In addition to the report, PEN also altered its institutional policy toward cultural boycotts, which the organization has long opposed. Although its report on Jewish authors asserted that boycotts “threaten the free expression rights” of their targets, the revised guidelines say that the group will also defend the right of writers to participate in boycotts.
Mengestu’s resignation comes at a perilous moment for Jews facing cultural boycotts, both within the standard-bearers of PEN and elsewhere. PEN’s Jewish former longtime CEO stepped down in 2024 following months of blowback from rank-and-file authors who felt the organization was insufficiently critical of Israel and caused PEN to cancel a festival for global authors.
Since the leadership change, PEN leadership has published and retracted a condemnation of a boycott effort trained at an Israeli comedian and also published a report cataloguing Israel’s “cultural destruction in Gaza.”
Mengestu had assumed the role of board president in 2025. But PEN’s report about Jewish and Israeli writers on Thursday, he wrote, “makes clear that [change] will not happen.”
The Anti-Defamation League said it was “deeply troubled” by Mengestu’s resignation Monday. “Freedom of expression means opposing efforts to boycott, silence, or exclude writers because of their identity or nationality,” the organization tweeted, saying that the author’s decision to leave PEN over his objections to the report on Jewish authors “sends a chilling message.” Jewish authors also objected.
“Imagine running a free expression org and resigning because it refuses to blacklist authors based on their nationality,” the author David Zweig wrote on X, musing whether Mengestu would object to boycotting authors from his birth country: “Ethiopia doesn’t exactly have a good human rights record.”
In response to The Atlantic’s story that quoted sources from inside PEN who were critical of his resignation, Mengestu wrote a lengthy Instagram post Monday in which he stated, “This piece is about trying to suppress constitutionally protected speech,” criticized past PEN reports critical of the BDS movement, and added, “What PEN America fails to understand is that boycott is a form of dialogue.”
He announced his intention to “help make something better,” receiving affirmative comments from notable authors including Viet Thanh Nguyen, Angela Flournoy, Jewish pro-Palestinian novelist Jess Row and Pulitzer Prize-winner Benjamin Moser, author of a forthcoming history of Jewish anti-Zionism.
Other Jewish authors on the left were among those defending Mengestu’s decision to step down.
“Dinaw is one hundred percent correct that this kind of fake victim propaganda can be used to support anti-Boycott legislation which violates the First Amendment and is everywhere as popular support for Palestinians grows,” author Sarah Schulman wrote on Facebook. Calling PEN’s blog about Jews “one of those fake anti-semitism pieces,” Schulman added, “If PEN wants to survive, they have to get out of the Israel/Zionism business.”
The post PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors appeared first on The Forward.
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Church of England backs study of Palestinian Christian document accusing Israel of genocide
(JTA) — The Church of England’s legislative body voted Monday to encourage churches across England to engage with a document produced by Palestinian Christians that accuses Israel of genocide despite requests from Jewish organizations and Britain’s chief rabbi to reject it.
The document is titled “Moment of Truth: Faith in a Time of Genocide” and is also known as Kairos II, after the Palestinian Christian movement Kairos Palestine that produced it. It describes Israel’s military campaign in Gaza as a genocide, states that Israel is a “colonial enterprise built on racism,” and says decades of “occupation,” “apartheid” and “settler colonialism” are at the heart of the Israeli-Palestinian conflict.
The vote on Monday does not adopt the accusations as church doctrine but says the church should hear the documents as “heartfelt expressions of the lived experience of Palestinian Christians,” and to engage with them in order to better understand the conflict.
Ahead of the debate in York, several Jewish organizations expressed concerns, and Chief Rabbi Sir Ephraim Mirvis asked Synod members to reject the amendment. Mirvis called Kairos II “deeply concerning” and that it “risks undermining decades of careful relationship-building” between Christians and Jews.
“It is truly shocking that a document which purports to speak in the name of truth contains so much falsehood,” he said.
Afterwards, the president of the Board of Deputies of British Jews, Phil Rosenberg, issued a statement calling the passage of the motion “highly problematic.”
“Kairos Palestine may come from a place of genuine pain, but the falsehoods and distortions of Kairos II, including its erasure of Jewish identity and experience, is a prescription for more division and not the answer to conflict in the Middle East,” he said.
“This document reflects the pain and trauma of the Palestinian people. As a pastor, I hear the cry of our Palestinian Christian sisters and brothers — a cry that rises from the ruins of Gaza, and from the violence and oppression of the West Bank,” she said.
She added, ”I also hear the concerns of the chief rabbi, the co-leads of the Movement for Progressive Judaism, and the Board of Deputies, and I thank them for their honesty.” She said the church remained opposed to antisemitism and committed to safety for Israelis as well as Palestinians.
The Synod debate followed Mullally’s visit to the West Bank in June, where she met Palestinian Christian communities in Birzeit. During the visit she said, “I will use my role as Archbishop to seek the peace you desire and the freedom you deserve.”
The debate marks the ascendance of Israel-related issues in another major church, after the Catholic Church’s Pope Leo XIV angered Jewish groups soon after being elected last year by endorsing an investigation into whether Israel committed genocide in Gaza.
The post Church of England backs study of Palestinian Christian document accusing Israel of genocide appeared first on The Forward.
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Mike Pence denounces alleged arson of Israeli flag in his Indiana hometown
(JTA) — Former Vice President Mike Pence has weighed in against antisemitism after officials in his Indiana town say a costly fire may have been caused by arson to an Israeli flag displayed on a local barn.
The alleged arson broke out early Friday morning, damaging a historic home in Zionsville, Indiana, where Pence lives, and causing an estimated $150,000 in damages, according to the Zionsville Police Department.
Zionsville Mayor John Stehr said during a press conference on Friday that officials believed the fire began when an individual set fire to an Israeli flag that had been displayed outside the building alongside an American flag. The town later announced that the FBI had joined the investigation and that officials were examining whether the arson “may have been motivated by bias” but said no determination had been made.
“Absolutely despicable,” Pence tweeted on Sunday. “There can be no tolerance in America for Antisemitism or political acts of violence, and it is heartbreaking to see in our adopted hometown of Zionsville, Indiana. We thank God no one was hurt and urge anyone with information to contact law enforcement.”
Pence has long cast himself as a staunch supporter of Israel, including after the Oct. 7, 2023, Hamas attacks on Israel, and has also repeatedly spoken out against antisemitism in the conservative movement and beyond.
Republican Indiana Sen. Jim Banks also condemned the alleged arson in a post on X Saturday. “Antisemitism will not be tolerated. Not in Zionsville. Not in Indiana. Not anywhere,” Banks wrote. “Thank you to the federal, state, and local officials working to bring the perpetrators of this despicable arson attack to justice.”
On Sunday, the Jewish community in central Indiana hosted a rally condemning the alleged arson attack, chanting, “We will stand up,” according to local outlet Fox 59. While Zionsville does not have a large Jewish community of its own, other suburbs of Indianapolis have significant Jewish populations, and Zionsville is also the longtime home of a Reform movement summer camp, the Goldman Union Camp Institute, which is in session now.
“The founding fathers founded a country where we have the ability to resolve differences among each other; we don’t do it by firebombing homes,” rally organizer David Schiller told Fox 59. “It’s inexcusable and unacceptable.”
The Zionsville Police Department did not respond to an inquiry from the Jewish Telegraphic Agency about the status of the investigation on Monday.
The post Mike Pence denounces alleged arson of Israeli flag in his Indiana hometown appeared first on The Forward.
