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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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J Street goes on the offensive against AIPAC-backed candidates
(JTA) — J Street, the liberal Jewish Middle East advocacy group, announced that it will spend $3 million to defeat a handful of Republican candidates backed by AIPAC, joining the plethora of progressive groups targeting the American Israel Public Affairs Committee this election year.
Such an attack campaign is an unusual initiative for J Street, which typically endorses candidates but does not target opponents on the basis of an AIPAC endorsement. Until now, according to J Street President Jeremy Ben-Ami, the likelier scenario for his organization was finding its endorsed candidates on the defensive against AIPAC’s spending.
“It’s a new era for us,” Ben-Ami said in an interview. In 2022, J Street targeted an AIPAC backed candidate — but only after AIPAC barraged the J Street endorsed candidate with negative spending.
In a statement, J Street said that this will be the group’s largest super PAC investment in its history, referring to political action committees that can raise unlimited funds but are forbidden from coordinating with campaigns.
The $3 million will be spent on ads targeting Republican Rep. Mike Collins, who is running for U.S. Senate in Georgia against Democratic Sen. Jon Ossoff, who is Jewish, and a handful of incumbents: Ohio Rep. Max Miller, who is running for reelection amid allegations of domestic abuse, which he denies; Wisconsin Rep. Derrick Van Orden; Pennsylvania Rep. Ryan Mackenzie; and Iowa Rep. Mariannette Miller-Meeks.
Ben-Ami said J Street targeted those particular candidates in part because they each face competitive races as the Democrats look to take control of the House and Senate and they have ideological distance from J Street. Many of them were also connected to the movement to deny and overturn the 2020 election results, Ben-Ami said.
J Street’s campaign comes as AIPAC’s brand has become increasingly toxic among voters, and as a growing number of Democratic politicians cross its red line of supporting conditions on U.S. military aid to Israel. J Street’s position, meanwhile, has recently drifted toward supporting a phasing-out of military aid to Israel in 2028.
AIPAC blasted the campaign in a post on X. “Is this from J Street or Justice Democrats?” AIPAC wrote, referring to the progressive organization that has increasingly aligned with pro-Palestinian advocacy.
“A dark money super PAC spending millions to defeat pro-Israel candidates and lie about AIPAC,” the group wrote. “Not a word about helping elect pro-Israel candidates further exposes the difference between J Street and actual pro-Israel organizations.”
AIPAC has been a heavy spender since it launched its super PAC, United Democracy Project, ahead of the 2022 midterms, and is the top outside spender in this election cycle, according to Open Secrets. A number of anti-AIPAC, pro-Palestinian groups have emerged over the past year to counter the pro-Israel lobbying group’s spending.
Unlike those groups, J Street and AIPAC have some overlap in which candidates they back: Both groups endorsed moderate, pro-Israel Democrats such as Reps. Hakeem Jeffries and Dan Goldman. J Street’s super PAC has also previously targeted individual candidates for their AIPAC endorsement, such as Rep. Haley Stevens in 2022, citing AIPAC’s donations from right-wing megadonors.
An AIPAC spokesperson wrote that it is “disappointing, but not surprising, that J Street continues to amplify lies about our community.”
“AIPAC members are focused on helping elect Democrats and Republicans who will strengthen the U.S.-Israel partnership, while J Street is focused on turning support for the Jewish state into a partisan political football,” said AIPAC’s spokesperson.
Ben-Ami said this year’s campaign is not about “the relationship between us and AIPAC,” but is rather about emboldening candidates who may otherwise worry that they will be up against AIPAC’s war chest.
“We are very conscious that there are many candidates who are afraid of what AIPAC might be able to do politically, and therefore adopt positions and say things about policy because they are afraid, and their fear and intimidation is holding them back,” Ben-Ami said.
Now, he said, J Street is putting “the shoe on the other foot.”
“If you are going to oppose American democracy and provide carte blanche to this Israeli government, then you need to be afraid,” he said.
This article originally appeared on JTA.org.
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Germany’s far-right AfD, riding state win, targets more gains in elections from east to west
(JTA) — Germany’s far-right, riding high after winning an eastern state, seeks to capitalize on its momentum in a series of upcoming elections — starting with municipal voting this weekend, followed by two closely watched state contests.
The first test for the Alternative for Germany (AfD) party comes Sunday in municipal elections in the western state of Lower Saxony. A week later, the AfD has its sights on state elections in the capital, Berlin, and the Baltic coast state of Mecklenburg-Western Pomerania.
The AfD beat out other parties in Saxony-Anhalt on Sept. 6 with 43.8% of the vote and 39 of 83 state parliament seats, falling just short of a majority and marking Germany’s greatest far-right victory in a state election since World War II.
“From previous elections, we know that the AfD is currently able to mobilize almost totally its own constituency and potential voters, while its democratic competitors have much more problems,” said Gideon Botsch, the head of the Emil Julius Gumbel Research Unit on Antisemitism and Right-Wing Extremism at Potsdam University.
While polls do not predict the next state election results will match the historic win in Saxony-Anhalt, the AfD currently leads other parties in Mecklenburg-Western Pomerania with about 35% of the vote. And in Berlin, long a stronghold of Germany’s political left, the AfD is jockeying with the center-right Christian Democratic Union (CDU) and the left-wing Linke for first place, with all three polling around 20%.
The AfD, a nationalist, anti-immigrant party whose leaders have proposed rejecting Germany’s “guilt complex” over the Holocaust, has regularly topped nationwide opinion polls for the past year. In surveys asking Germans which party they would choose if federal elections were held “this Sunday,” the AfD often receives the highest results, Botsch told the Jewish Telegraphic Agency.
The AfD has built a dedicated and growing base, said Botsch. Its popularity signals frustration with the mainstream parties in power, particularly the CDU, Chancellor Friedrich Merz’s party, amid a sluggish economy. The AfD is especially popular in eastern Germany, where voters are poorer and hit hard by high energy prices exacerbated by the wars in Iran and Ukraine.
The AfD is likely to perform more weakly in the west, where Lower Saxony will hold a municipal election on Sunday. The party has stronger influence in the east, and Germany’s municipal elections tend to hinge more on well-known figures from established parties, said Roger Stöcker, a political scientist at Otto von Guericke University in Magdeburg. Still, even if the AfD doesn’t transform governments, Stöcker said that making inroads to further entrench itself in Lower Saxony would be “a strategically significant success.”
“It’s conceivable that the AfD wins a town hall or a county administration here and there or strengthens its presence in local councils, expanding its local base,” said Stöcker.
The three upcoming elections are being closely watched for signs of the AfD’s wider-scale momentum, said Daniel Schuster, who heads the Simon Wiesenthal Center’s European office.
“Taken together, these elections can help show whether Saxony-Anhalt was an exceptionally strong eastern result or part of a broader national expansion of the AfD’s electoral base,” said Schuster.
Remko Leemhuis, the director of the American Jewish Committee Berlin Lawrence and Lee Ramer Institute for German-Jewish Relations, added that residents will feel the effects of the AfD’s success even if it falls short of its victory in Saxony-Anhalt. A “very strong AfD result,” short of managing to enter government coalitions, would still “raise serious concerns” for Jewish residents about the party’s influence, said Leemhuis.
Residents in Saxony-Anhalt are waiting to see the ramifications of the AfD’s election victory. Without an outright majority, the party needs partners to join a coalition. Its nationalist agenda in the region includes teaching children less about Hitler, banning Pride flags in public buildings and requiring artists and cultural organizations to sign a declaration that they will not “disparage Germany and its culture” if they seek state funding.
State governments also control domestic policing and parts of the judiciary. The AfD could use its power in these areas to “put pressure on minorities it dislikes,” including immigrants, Muslims and Jews who are identified with Holocaust remembrance, said Stöcker. At the same time, the AfD could direct policing and intelligence away from right-wing extremism in Saxony-Anhalt, which recorded the second-highest number of right-wing extremist crimes per capita of Germany’s 16 states last year, Leemhuis said.
The AfD’s victory in Saxony-Anhalt marked a “watershed moment” in German politics, according to Roland Abold, the managing director of Infratest Dimap, a German election research institute. Abold said that the result heaped pressure on Merz and the federal government, as “calls for a change in political direction and a reassessment of cooperation with the AfD are likely to intensify.”
The CDU for now is standing behind Merz, the most unpopular chancellor in modern German history after 16 months in power. But if the CDU faces further heavy defeats in the upcoming elections, questions about Merz as the party’s leader could escalate, said Stöcker.
The AfD already has its eyes on his job. Alice Weidel, the national AfD’s co-chair, announced on Monday that she wants the party to win “at least 40% of the vote” in Germany’s next federal election in 2029.
Ulrich Siegmund, the AfD candidate in Saxony-Anhalt who hopes to become the state premier, said in the same press conference that his goal was “very clear.”
“As perhaps the next Minister-President of Saxony-Anhalt, I need a Federal Chancellor Alice Weidel here in Berlin, so that we can write here history side by side,” said Siegmund.
This article originally appeared on JTA.org.
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I was born after 9/11. I still carry the memories of that day.
Earlier this week, I was talking with my mother over the phone about her experience on 9/11. She walked me through the familiar parts — how she was in our Upper West Side apartment when she learned about the attacks from a relative, how she went to the garage to get the car so they could drive to a friend’s house upstate once she realized the attacks were acts of terror. There were still hijacked planes in the air, and she worried New York City might be targeted again. Then, she said, “This part is going to make me cry.”
I hadn’t remembered what came next, but suddenly it came back to me. “Oh no, me too,” I said.
While she waited for my father to come back uptown from his office in the Financial District, she stopped inside a fire station across from the garage. Inside was a lone firefighter, who’d stayed behind to man the station while the rest of his company was inside the towers. He was watching the news on television, and my mom stood next to him, watching too, when the towers fell.
“We just lost so many men,” he said.
I wasn’t there when it happened; I wasn’t even alive. But I’d heard this story before, I’d walked dozens of times past that same fire station, which now has a plaque commemorating the seven firefighters who died on 9/11. Hearing the story again on the phone, I found myself walking down the streets of Washington D.C., bawling.
I’m 23, born a year-and-a-half after 9/11. Most Americans my age learned about the attacks in school, as history. I’m part of the 16% who learned through family or friends.
The discovery happened by accident, when I was in kindergarten. My mom and I were in a children’s store on the Upper West Side, when we started flipping through a picture book about the history of New York City. Most of the book was unremarkable, but the end was unexpected: a scene of the smoldering twin towers.
I forget what exactly happened next, but here’s what I do remember: My mom was upset that the shop hadn’t provided a warning about the book’s end, and I was confused about why she was upset. I was five, too young to understand the image and never one to let a question go unanswered; I must have pestered her until she offered up an explanation.
She hadn’t been prepared to tell me about terrorism. She’d been evading the topic for some time, telling half-truths to avoid it. When I’d ask her why we had to take our shoes off in line at the airport, she’d just say it was to make sure no one had anything dangerous, leaving out the part about how a man had tried to get on a flight with bombs hidden in his shoes.
“9/11 is a huge thing for a parent to have to tell a kid about,” my mom told me this week. “You were a happy kid, and I didn’t want you to get scared or traumatized.”
The events, and impacts, of that day slowly unfolded for me as the years passed. I learned that my father had watched from Battery Park as the South Tower fell; he ran westward as plumes of smoke billowed toward him. I learned that my parents had friends who’d died in the towers, one of whom was the father of a boy I grew up with. I remember going to the 9/11 Memorial and Museum when it opened in 2014, feeling sick as I watched footage of people jumping out of the towers.
The New York Times recently interviewed dozens of Gen Z Americans about 9/11. I was struck by how disconnected many felt from the event. “It’s hard to feel sad about something that you don’t remember,” said Annika Heegaard, a 25-year-old now living in New York.
But for me, 9/11 doesn’t feel quite so far away. By now I’ve lived through other mass casualty events, like the Parkland shooting and the Oct. 7 Hamas attacks. But 9/11 is the only tragedy that my family members had such a direct connection to. “It was devastating,” my mom said.
I think the reason I can remember the exact moment I found out about 9/11 is because it changed my view of the world. I remember being almost unable to comprehend that anyone would do what the hijackers did. I wasn’t, as my mom feared, traumatized by learning about the attacks; I didn’t fear for my safety each day. But the knowledge was in some ways a loss of innocence — a discovery that people could do awful things and that the world wasn’t as safe a place as I had assumed.
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