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

Iran’s Attrition Strategy, and Its Weaknesses

Oct. 14 2024

On Yom Kippur, Hizballah fired over 200 rockets and drones at Israel, with one drone hitting a retirement home in Herzliya, miraculously without casualties. Yesterday, however, proved less lucky: a drone launched by the Iran-backed group struck a military base, killing four and injuring another 58, about twenty moderately or seriously.

This attack reflects Iranian strategy: Israeli defensive systems are strong, but so are Iranian drones and missiles, and with enough attacks some will get through. As Ariel Kahana writes, such an approach is consistent with Tehran’s desire to fight a war of attrition, denying Jerusalem the chance to strike a decisive blow. Kahana explains how the IDF might turn the tables:

It’s worth noting that Iran’s strategy of wearing down Israel and other U.S. allies in the region is not merely a choice, but a necessity. Militarily, it’s the only card left in Tehran’s hand. Iran neither desires nor possesses the capability to deploy ground forces against Israel, given the vast geographical distance and intervening countries. Moreover, while Israel boasts one of the world’s most formidable air forces, Iran’s air capabilities are comparatively limited.

Israel’s trump card in this high-stakes game is its unparalleled air-defense system. For years, Iran had counted on its network of proxy organizations to provide a protective umbrella against Western strikes. However, a year into the current conflict, this strategy lies in tatters: Hamas is reeling, Hizballah is on the back foot, and the various militias in Iraq and Yemen amount to little more than an irritant for Israel. The result? Iran finds itself unexpectedly exposed.

And when it comes to direct attacks on Israel, Iran’s options may be limited. Its October 1 attack, which used its sophisticated Fateh-2 missiles, was more effective than that in April, but not much more so:

Oded Eilam, drawing on his experience as a former senior Mossad official, . .  estimates [Iran’s] stockpile of these advanced weapons is limited to between 400 and 800. With 200 already expended in a single attack, Iran’s reserves of truly effective missiles may be running low. This raises a critical question: can Iran sustain a prolonged ballistic exchange with Israel? The numbers suggest it’s capacity for attrition warfare may be more limited than it would like to admit.

Read more at Israel Hayom

More about: Gaza War 2023, Hizballah, Iran