A New York Court Affirms That Parents, Not Schools, Are Responsible for Educating Their Children

April 18 2023

In a recent ruling in the ongoing dispute between the New York State Education Department (NYSED) and several ḥasidic schools, a state court decided in favor of the latter. NYSED claims that the schools in question, because of their strong emphasis on religious over secular education, do not fulfill the state’s legal requirement that private educational institutions provide a curriculum “substantially equivalent” to that offered by public ones. On these grounds, it seeks to close the schools down. The schools’ lawyers argue that such a move would violate the religious freedom of both parents and children. Michael A. Helfand explains Judge Christina Ryba’s verdict and its implications:

According to Judge Ryba, the constitutional challenges were premature: the new regulations [issued by NYSED] did not add substantive educational requirements; they only outlined a process for reviewing schools’ compliance with preexisting educational requirements. As a result, any legal challenge arguing that the regulations imposed educational requirements that trespass on the rights of schools and parents must fail—at least for now—because the regulations did not, in fact, impose any new substantive requirements.

But while the court sidestepped the constitutional claims, it still interpreted existing New York law as vindicating a parallel principle of parental authority. Thus the court struck down perhaps the most significant elements of the regulations: the NYSED’s authority to close a school for failing to provide a substantially equivalent education. According to the court, New York’s education law makes clear why: “the statutory scheme places the burden for ensuring a child’s education squarely on the parent, not the school.” This implication, argued the court, is clear from various provisions of New York’s education laws—Education Law 3212, for example, which obligates those in a “parental relation” with a child to ensure that the child is receiving the required education. . . . Nowhere, however, does New York law authorize the imposition of penalties on a nonpublic school.

By locating the substantial-equivalence obligation with parents, the court interpreted New York law to require the state to consider alternative ways in which parents might meet this standard. Thus, if a nonpublic school is not providing a “substantially equivalent” education, “the parents should be given a reasonable opportunity to prove that the substantial equivalency requirements for their children’s education are satisfied by instruction provided through a combination of sources.”

Read more at City Journal

More about: Freedom of Religion, Hasidim, Jewish education, New York

Libya Gave Up Its Nuclear Aspirations Completely. Can Iran Be Induced to Do the Same?

April 18 2025

In 2003, the Libyan dictator Muammar Gaddafi, spooked by the American display of might in Iraq, decided to destroy or surrender his entire nuclear program. Informed observers have suggested that the deal he made with the U.S. should serve as a model for any agreement with Iran. Robert Joseph provides some useful background:

Gaddafi had convinced himself that Libya would be next on the U.S. target list after Iraq. There was no reason or need to threaten Libya with bombing as Gaddafi was quick to tell almost every visitor that he did not want to be Saddam Hussein. The images of Saddam being pulled from his spider hole . . . played on his mind.

President Bush’s goal was to have Libya serve as an alternative model to Iraq. Instead of war, proliferators would give up their nuclear programs in exchange for relief from economic and political sanctions.

Any outcome that permits Iran to enrich uranium at any level will fail the one standard that President Trump has established: Iran will not be allowed to have a nuclear weapon. Limiting enrichment even to low levels will allow Iran to break out of the agreement at any time, no matter what the agreement says.

Iran is not a normal government that observes the rules of international behavior or fair “dealmaking.” This is a regime that relies on regional terror and brutal repression of its citizens to stay in power. It has a long history of using negotiations to expand its nuclear program. Its negotiating tactics are clear: extend the negotiations as long as possible and meet any concession with more demands.

Read more at Washington Times

More about: Iran nuclear program, Iraq war, Libya, U.S. Foreign policy