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

Israel’s Syria Strategy in a Changing Middle East

In a momentous meeting with the Syrian president Ahmed al-Sharaa in Riyadh, President Trump announced that he is lifting sanctions on the beleaguered and war-torn country. On the one hand, Sharaa is an alumnus of Islamic State and al-Qaeda, who came to power as commander of Hayat Tahrir al-Sham (HTS), which itself began life as al-Qaeda’s Syrian offshoot; he also seems to enjoy the support of Qatar. On the other hand, he overthrew the Assad regime—a feat made possible by the battering Israel delivered to Hizballah—greatly improving Jerusalem’s strategic position, and ending one of the world’s most atrocious and brutal tyrannies. President Trump also announced that he hopes Syria will join the Abraham Accords.

This analysis by Eran Lerman was published a few days ago, and in some respects is already out of date, but more than anything else I’ve read it helps to make sense of Israel’s strategic position vis-à-vis Syria.

Israel’s primary security interest lies in defending against worst-case scenarios, particularly the potential collapse of the Syrian state or its transformation into an actively hostile force backed by a significant Turkish presence (considering that the Turkish military is the second largest in NATO) with all that this would imply. Hence the need to bolster the new buffer zone—not for territorial gain, but as a vital shield and guarantee against dangerous developments. Continued airstrikes aimed at diminishing the residual components of strategic military capabilities inherited from the Assad regime are essential.

At the same time, there is a need to create conditions that would enable those in Damascus who wish to reject the reduction of their once-proud country into a Turkish satrapy. Sharaa’s efforts to establish his legitimacy, including his visit to Paris and outreach to the U.S., other European nations, and key Gulf countries, may generate positive leverage in this regard. Israel’s role is to demonstrate through daily actions the severe costs of acceding to Recep Tayyip Erdogan’s ambitions and accepting Turkish hegemony.

Israel should also assist those in Syria (and beyond: this may have an effect in Lebanon as well) who look to it as a strategic anchor in the region. The Druze in Syria—backed by their brethren in Israel—have openly expressed this expectation, breaking decades of loyalty to the central power in Damascus over their obligation to their kith and kin.

Read more at Jerusalem Institute for Strategy and Security

More about: Donald Trump, Israeli Security, Syria, U.S. Foreign policy