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Substantially Obligated

A New York State court ruling vindicates the principle of parental authority in education.
U.S. Embassy Tel Aviv/Creative Commons license
U.S. Embassy Tel Aviv/Creative Commons license
Dr. Michael (Avi) Helfand is a Senior Fellow of the Kogod Research Center at the Shalom Hartman Institute of North America. He is currently the Brenden Mann Foundation Chair in Law and Religion and Co-Director of the Nootbaar Institute for Law, Religion and Ethics at Pepperdine Caruso School of Law as well as Florence Rogatz Visiting Professor at Yale Law School. Avi received his J.D. from Yale Law School and his Ph.D. in Political Science

“Late last month, the ongoing battle between the New York State Education Department (NYSED) and a small group of Orthodox Jewish schools took a surprising turn. For the better part of a decade, the NYSED has been battling these schools over the quality of the education they provide, arguing that they fail to meet the basic educational standards required by New York law. For that reason, this past fall, the NYSED enacted new regulations setting out a process to assess the instruction provided in nonpublic schools and, when a school fails to meet state standards, ensuring its closure. Not surprisingly, a number of Jewish organizations and schools filed suit against the new regulations. But instead of deciding the case based on big-ticket constitutional questions, a New York court invalidated the regulations on grounds that put the obligation to meet educational standards on parents, not on schools. In so doing, the court severely undermined the NYSED’s ability to regulate nonpublic schools.”

Read the full article on City Journal

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