Parents cannot be required to take their children from New York private schools that do not meet state-set standards, a judge ruled, striking down a key provision of recently passed rules to strengthen oversight of such schools, including schools specializing in religious education.
The ruling in a state court in Albany came in response to a lawsuit filed last fall by ultra-Orthodox Jewish schools called yeshivas and related advocacy groups over education regulations. Under 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 unfairly target yeshivas, some of which focus on religious education with much less education in secular subjects such as English, math and science.
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Judge Christina Ryba on Thursday rejected an argument that the state rules were unconstitutional. But she said state officials have overstepped their authority by imposing sanctions on schools that don’t comply.
In particular, she said education officials have no legal authority to force parents to remove their children from schools that do not meet requirements, and they do not have the authority to order those schools to be closed.
While taking sides against members of New York’s large Jewish community, a judge was still framing limits on the power the state has in sanctioning religious schools. (Will Waldron/The Albany Times Union via AP, File)
Ryba said parents of those children can still get the required instruction when combined with resources, such as homeschooling.
A co-prosecutor applauded the judge’s rejection of the “draconian sentences”.
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“By removing those provisions from the regulations, the Court agreed with parents and non-public schools in New York State who opposed these regulations,” read a prepared statement from the Parents for Educational and Religious Liberty in Schools group.
The state department of education said the decision reaffirms its commitment to improving the educational experience for all students.
“We remain committed to ensuring that students who attend school in an environment consistent with their religious and cultural beliefs and values receive the education they are legally entitled to,” the statement read.
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It was not clear whether certain aspects of the ruling would be appealed.
