Monday, July 01, 2024
Appeals court sides with state Education Department over yeshivas
The state Education Department can penalize school districts and parents of students who attend nonpublic schools that fail to provide a course of learning that is "substantially equivalent" to what is offered in a public school, the Appellate Division's Third Judicial Department concluded in a 4-1 decision released Thursday.
The decision is the latest twist — and likely not the final one — in the state's efforts to make sure that the traditional Jewish religious schools known as yeshivas are meeting their obligations to students.
"Parents and guardians cannot discharge their statutory duty by relying upon a nonpublic school that fails to meet the minimal standards of our state law, and the regulations at issue here are the direct application of the commissioner's statutory authority to enforce compliance with that standard," the majority opinion said.
Education Department spokesman Jonathan Burman said the court's language was "spot on."
"The court ruled correctly in upholding regulations that are intended to ensure all New York state students receive the education they are legally entitled to, and in affirming the authority of the commissioner and the Board of Regents to enforce this requirement," Burman said.
He said the agency is still reviewing the particulars of the decision and could not comment on how its conclusions would be enforced.
The ruling overturned a March 2023 decision by state Supreme Court Justice Christina L. Ryba that took issue with the Education Department's ability to enforce the substantial equivalency regulations.
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