what to know
- Parents cannot be required to withdraw their children from private schools in New York that do not meet state-designated standards, a judge decided, striking down a key provision of rules recently passed to strengthen oversight of such schools, including those that specialize in religious education.
- Under the rules, the state’s 1,800 private and religious schools must provide an education that is “substantially equivalent” to that of a public school.
- Opponents in the ultra-Orthodox community say the rules unduly target yeshivot, 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 withdraw their children from New York private schools that do not meet state-designated standards, a judge has ruled, striking down a key provision of recently passed rules to strengthen oversight of such schools, including those specializing in religious education.
The ruling in 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. Under the rules, the state’s 1,800 private and religious schools must provide an education that is “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 much less instruction in secular subjects like English, math and science.
Judge Christina Ryba on Thursday rejected an argument that the state regulations were unconstitutional. But she said state officials overstepped her authority by setting penalties for schools that don’t comply.
Specifically, he said education officials lack the legal authority to compel parents to remove their children from schools that do not meet the requirements, and they do not have the authority to order those schools closed.
Ryba said the parents of those children could still receive the required instruction in combination with sources, such as homeschooling.
A co-plaintiff applauded the judge’s rejection of “draconian penalties.”
“By striking down those provisions of the regulations, the Court agreed with parents and private schools throughout New York State who opposed these regulations,” read a statement prepared by the group Parents for Educational Freedom. and Religious in Schools.
The state Department of Education said the decision 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,” the prepared statement read.
It was not clear if any aspect of the ruling would be appealed.
