what there is to know
- Parents cannot be required to remove their children from New York private schools that do not meet state-designated standards, a judge has ruled, striking down a key provision of rules recently passed to strengthen oversight of such schools, including those specializing in religious education.
- According to the rules, the state’s 1,800 private and religious schools must provide education “substantially equivalent” to that of a public school.
- Opponents in the ultra-Orthodox community say the rules unduly target yeshivas, some of which focus intensely on religious instruction with far less instruction in secular subjects like English, math and science.
NEW YORK – Parents cannot be required to remove their children from New York private schools that do not meet state-designated standards, a judge has ruled, striking down a key provision of rules recently passed to strengthen oversight of such schools, including those specializing in religious education.
The decision by a state trial court in Albany came in response to a lawsuit filed by ultra-Orthodox Jewish schools, called yeshivot, and related advocacy groups over educational rules enacted last fall . According to the rules, the state’s 1,800 private and religious schools must provide education “substantially equivalent” to that of a public school.
Opponents in the ultra-Orthodox community say the rules unduly target yeshivas, some of which focus intensely on religious instruction with far less instruction in secular subjects like English, math and science.
Judge Christina Ryba on Thursday dismissed an argument that the state regulations were unconstitutional. But he said state officials exceeded their authority by imposing penalties on schools that did not comply.
Specifically, he said education officials do not have the legal power to compel parents to remove their children from schools that do not meet requirements, nor do they have the power to order the closure of these schools.
Ryba said the parents of these children can still receive the required instruction in combination with sources, such as home schooling.
A co-plaintiff applauded the judge’s rejection of “draconian penalties”.
“By striking down these provisions of the settlement, the Court vindicated parents and private schools across New York State who opposed this settlement,” reads a statement prepared by the group Parents for Educational Freedom. and Religious in Schools.
The state Department of Education said the move validates its commitment to improving the educational experience for all students.
“We remain committed to ensuring that students who attend school in environments consistent with their religious and cultural beliefs and values receive the education to which they are legally entitled,” reads the prepared statement.
It was unclear whether any aspect of the decision would be appealed.