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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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This Toronto street corner has been a site of anti-Zionist activism for months. Police just opened a hate crime investigation.
The Toronto Police Service hate crimes unit is investigating teacher Abbas Hamze for remarks about “Zionists.” Canadian Jewish groups, including the Jewish Federations of Canada’s advocacy arm and B’nai Brith Canada, have called his speech, which went viral online, “blatant antisemitism.”
Hamze’s remarks invoked antisemitic tropes, accusing “Zionists” of performing “black magic” as well as raping and killing children. He spoke at the intersection of Bathurst and Sheppard, in the heavily Jewish Toronto neighborhood of Bathurst Manor – Clanton Park.
According to his LinkedIn, Hamze works as an instructor at several Canadian colleges in the area, including the University of Niagara Falls and Georgian College. He does not specify what he teaches.
Hamze could not be reached for comment. The University of Niagara Falls and Georgian College did not respond to requests to comment, and the Toronto Police declined a request for comment.
UNF issued a statement addressing Hamze’s remarks, distancing the university from the instructor’s statements and stating that they have “zero tolerance for discrimination, hate, harassment, or any conduct that threatens the dignity and well-being of others.” They announced that they are “launching an internal investigation” into the matter.
In his speech, Hamze claimed that “British colonizers have planted this cancerous, false Zionist state of Israel … right in the heart of Islam.”
Later — wearing a keffiyeh and reading from his phone into a megaphone emblazoned with the Lebanese flag — the instructor repeated numerous antisemitic conspiracy theories, including the debunked idea that Jews have caused or deserved centuries of persecution.
“The Zionists have never had a country of their own because of their mischief,” Hamze said. “They are the most kicked-out people in the world who are making black magic and horrible things.”
He went on to say that Jewish corruption is “crystal clear in Epstein Island where they have the Jewish leaders from all around the world.” He accused “Zionists” of having “raped, and killed, and ate children at the same time.”
Finally, he unfoundedly blamed the actions of President Donald Trump on “Zionists” who “blackmail” and “control” people.
“That’s why you can see now a guy like Trump who caused this genocide in Gaza kidnaps the presidents of Venezuala, kills the supreme leader of Iran Imam Ali Khamenei, may God sanctify his soul,” he said. “This is because of them, the terrorist Zionists.”
It appears that people became aware of Hamze’s remarks after Casey Babb, an Israel and International Relations scholar, posted a video of him on X.
In a joint statement, Canadian Jewish groups described Hamze’s claims as “antisemitic blood libels that have been used for centuries to justify hatred and violence against Jews.”
The statement says that the intersection where Hamze spoke, Bathurst and Sheppard, has long been a site of “antisemitic harassment, intimidation and provocation, too often under the guise of anti-Zionism,” and called on Toronto’s police department to investigate the incident.
“Allowing this behaviour to go unchecked is to normalize antisemitism as an everyday feature of life in this city,” it stated.
The city’s police have opened an investigation. However, online, some said that Hamze had been speaking at the street corner for months without police intervention.
In Canada, public incitement of hatred is considered a criminal offense. The Canadian criminal code says that “communicating statements in any public place” that “incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace” is a breach of law, resulting in up to two years in prison.
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West Elm’s Russ & Daughters merch did something their in-house line could never
Figuring out one’s Judaica vibe can be a challenging endeavor for those of us who don’t have tastes in line with the colorful stained glass or embossed silver aesthetics that tend to dominate the category. Newer designers have introduced some minimalist options, but that’s also not really for me.
But for those of us with a tendency toward the whimsical or kitsch, furniture retailer West Elm is coming to the rescue with two new collections, geared toward the High Holidays and Hanukkah.
There’s a Russ & Daughters collaboration of blue-and-white ceramics, featuring serving platters with handpainted designs such as a fish or latkes, trinket trays with pickles and more fish, simple Delft-colored dinnerware and napkins with little cutlery printed in the corners.
And, separately, in an apparent attempt to capitalize on the Jewish market, West Elm also released a set of their own plates, bowls and tea towels printed with colorful “deli favorites” — pickles, brisket, hamentaschen, black-and-white cookies, and the like.
The concepts are pretty similar; both lean into the idea of decorating plates with food objects that may or may not be the food you actually put on them.
I do admittedly already have a large blue-and-white platter with a fish painted on it that I find charmingly eclectic, and just as suitable for serving foods that are not of the oceanic persuasion as it is for foods that are indeed from the briny deep. So I’m not inherently opposed to the concept. But I don’t feel as good about the in-house West Elm Jewish designs, like a bowl with a sort of mushy depiction of matzo balls at the bottom. Imagine eating anything else out of that. Honestly, imagine eating matzo ball soup out of it. It seems disorienting.
Everyone’s tastes vary, and if you want to eat a salad off of a plate with a colorful brisket sandwich painted on it, be my guest. But I think the Russ & Daughters offering is the better of the options. For the most part, the collection stays on the artful side of kitsch largely thanks to the simplicity of the designs and the color scheme. And, more importantly, the internal logic seems actually Jewish. The pieces are useful — perhaps with the exception of the latke platter — for multiple Jewish occasions. The matchbox with a challah on it may feel a bit random at first glance but it does conjure an image of lighting candles on Shabbat, and there are matching candle holders. The art kind of evokes Marc Chagall.
The West Elm deli hits sets on the other hand — which are separate from their collab with the iconic Lower East Side deli — feel as though they’re screaming their Jewishness. The tea towel mixes together hamentaschen and sufganiyot (or possibly a bagel, it’s hard to tell) on the same piece of cloth, despite the fact that these desserts correspond to different holidays. The drawings are cute, but the overall effect is frantic, like someone dumped every Jewish food they could name onto the same page and sent it off to the printers. It’s giving Target Rosh Hashanah decorations — the sort that have a menorah alongside the apples and honey.
A few years ago, Crate and Barrel had Jewish lifestyle influencer Rebecca Lowin curate a Hanukkah display, but it was done using items the store already carried in white, blue and silver; only the menorah was specifically Jewish. Now, a similar home decor store is creating entire lines catering specifically to Jewish holidays and culture. That’s a sign of an increased mainstream embrace of Jewish culture, and that’s a good thing — it wasn’t so long ago that it wasn’t possible to find much public recognition of the existence of the High Holidays, and every attempt featured a hanukkiah with the wrong number of branches or a loaf of challah for Passover. Today, if Jews want twee merchandise — and no judgment — there’s plenty. There are even Hanukkah gnomes, if your taste runs to that.
But there’s still a dearth of decor that feels elegant and thoughtful, instead of try-hard. Decor that feels actually rooted in Jewishness, instead of like a Jewish gloss on something that’s really for another holiday. The Russ and Daughters collaboration is rooted in actual Jewish history. Even if you don’t like a fish motif as much as me, that’s a step in the right direction.
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Sephardic and Mizrahi groups accuse New York Magazine of erasing Middle Eastern Jews. The editor-in-chief agreed to a meeting.
As editors of New York Magazine dug in their heels this week, defending the magazine’s viral “Habibi City” package published earlier this month, 14 Sephardic and Mizrahi Jewish organizations delivered an open letter on Monday night, accusing the magazine of erasing Middle Eastern Jews from its coverage.
On Tuesday, Editor-in-chief David Haskell invited them to meet in September, saying he wants the magazine’s coverage to reflect the multitude of perspectives in the region.
In addition to asking for a meeting, co-signers of the letter, convened by JIMENA (Jews Indigenous to the Middle East and North Africa), asked the magazine to acknowledge what they call the package’s exclusionary framing and provide more representative coverage of Sephardic and Mizrahi Jews going forward.
The dispute centers on the magazine’s August issue about the city’s burgeoning Southwest Asian and North African cultural scene known as SWANA. The package explores restaurants, cafes, cultural collectives and dance parties, tracing much of their growth to the war in Gaza that followed theHamas-led attacks on Israel on Oct. 7, 2023.
“Out of that resistance,” the magazine writes, “a cultural ecosystem started to bloom.”
This week, the magazine published a statement standing by its use of the term genocide to describe Israel’s actions in Gaza, adding that “accusations of antisemitic intent were in fact obfuscating an overwhelming scholarly consensus, and that its use would be allowed in our pages.”
The open letter did not address the use of that term. Instead, it addressed the article’s framing.
The package describes membership in SWANA community in political terms.
“To be in SWANA community,” one article says, means “embracing a set of shared beliefs: that Palestinians deserve human rights. That what happened in Gaza in the aftermath of October 7 constitutes a genocide. That social justice and social welfare override capitalist concerns.”
The same article describes the place of Israelis within SWANA culture as “complicated,” in part because of the term’s “political framework.”
It also says SWANA New Yorkers “face xenophobia, Islamophobia and Zionism” in the city — language that drew particular ire from the coalition and online critics.
According to the letter, New York Magazine’s framing turns SWANA from a geographic and cultural identity into an ideological one, excluding many of New York’s Jews from the Middle East and North Africa unless they reject Israel — the country where many of their families found refuge after fleeing persecution and discrimination elsewhere in the region.
“A Mizrahi Jew whose grandparents were born in the region, expelled from their country of origin, and who carries the region in her language, liturgy, and kitchen belongs only upon disavowal of the movement through which her family survived,” the letter reads.
As the letter puts it, for a great majority of Sephardic and Mizrahi Jews to be represented “as we actually are” means representing them as Zionists.
The letter also faults the package for invoking Oct. 7 repeatedly without acknowledging the atrocities committed that day and erasing the region’s non-Muslim populations.
“When we read ‘Habibi City,’ we immediately saw that this wasn’t something one organization should answer alone,” Sarah Levin, JIMENA’s executive director told the Forward. “The feature made claims about who belongs in contemporary Middle Eastern and North African and ‘SWANA’ communities in NYC, so the response needed to come from the breadth of the communities being written out.”
After she read the package, she began contacting other Sephardic and Mizrahi organizations about writing an open letter. Within four days, all 14 organizations had signed on.
“Iranian, Iraqi, Syrian, North African and Sephardic communal organizations almost never act in concert, and they’ve united around one argument,” Levin said.
Signatories include the American Sephardi Federation, the Iranian American Jewish Federation of New York and the Jewish Community Relations Council of New York.
Levin said the groups had little difficulty reaching consensus. “When the argument is, ‘We exist, and we will not be defined out of our own region,’ there isn’t much for our communities to debate.”
What concerned Levin most, she said, was the size of New York Magazine‘s audience and cultural reach. The Pulitzer Prize-winning bi-weekly magazine boasts reaching 1.8 million readers each week.
“When a magazine that shapes American culture tells millions of readers that belonging to the Middle East requires renouncing Zionism, that is not a small thing,” Levin said. “That is why we responded the way we did.”
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