New York’s highest court has upheld statewide educational standards that govern nonpublic schools, drawing significant backlash from some yeshivas.
The unanimous ruling by the New York Court of Appeals has been viewed as a victory for yeshiva reformers who argue that many ultra-Orthodox Jewish schools are failing to adequately teach fundamental subjects such as reading and math.
This ruling comes in the wake of a contentious legislative session during which Governor Hochul and state lawmakers opted to weaken the enforcement rules and delay the implementation timeline of educational standards.
Central to the court’s decision was the challenge posed by yeshivas concerning the enforcement mechanism established for compliance with educational standards.
The yeshivas contended that the regulations would compel parents to withdraw their children from non-compliant programs, potentially forcing these schools to close down.
They argued that the state lacks the authority to shut down nonpublic schools based on these standards.
However, the court dismissed this argument, stating that the regulations do not exceed the statutory authority of the New York State Education Department.
Judge Jenny Rivera, writing on behalf of the court, asserted that, “Far from exceeding the Commissioner’s statutory authority, the regulations simply establish a mechanism by which the statutory mandate is enforced.”
The court emphasized that the regulations are a logical extension of the existing statutory language and serve to uphold the purpose of the law.
The statewide educational standards require all nonpublic schools, including religious institutions, to provide an education that is at least “substantially equivalent” to that offered in public schools.
JP O’Hare, a spokesman for the state Education Department, commented that the core ruling underscores an uncontroversial principle: a nonpublic school failing to provide substantially equivalent instruction does not meet the requirements for compulsory education.
“This ruling reinforces our ongoing commitment to ensuring that all students in New York, regardless of the type of school they attend, receive a sound, quality education,” said O’Hare.
The regulations were introduced to clarify a century-old law and initially met with resistance from several independent schools.
However, as the Education Department engaged with various programs and their associations to explore ways of demonstrating compliance without imposing undue burdens, opposition waned.
By the time of the regulations’ unanimous adoption in 2022, most independent schools had ceased their opposition, following a New York Times investigation that revealed significant educational shortcomings in certain yeshivas, including instances of students graduating without proficiency in English or basic math skills.
Moreover, allegations had been made regarding corporal punishment being used in some of these schools.
Parents for Educational and Religious Liberty, the advocacy group that initiated the lawsuit, expressed gratitude for the court’s decision, which they believe may offer some relief to a limited number of schools.
While most nonpublic schools comply with existing laws, reports indicate that six yeshivas received warnings from the state Education Department earlier this year, instructing families to seek alternative educational options and cutting off public funding for these institutions.
“The practical effect is that parents can supplement any missing instruction through home-schooling or at an after-school program. That is what we have been advocating since the outset of this litigation,” stated PEARLS.
Additionally, YAFFED, an organization advocating for yeshiva reform, submitted an amicus brief in support of the lawsuit, affirming the need for state intervention when schools fail to meet their educational responsibilities.
“This decision reinforces what we have long said: The state not only has the right but the obligation to intervene when schools are not meeting their legal and moral responsibilities to their students,” remarked Adina Mermelstein Konikoff, executive director of Young Advocates for Fair Education.
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