The state has filed a motion to have a lawsuit brought by attorneys on behalf of thousands of Jewish students attending yeshivas thrown out.
The lawsuit insists that recent changes to state law made as part of last year’s budget process threaten those students’ right to a sound basic education as laid out in the state constitution, but the attorney general’s office says that the argument doesn’t pass legal muster.
The changes were slipped into the state budget later in negotiations, and opponents say it constituted a ‘back door deal’ that waters down standards by which religious and nonpublic schools are required to teach basic subjects.
The lawsuit is being brought by prominent education law attorney Michael Rebell, who led the 1993 Campaign for Fiscal Equity case which established New York’s education standard. He told Spectrum News 1 the changes run contrary to a 125-year-old state law that was bolstered by expanded state education department regulations in 2022 after many yeshivas were found to not be in compliance. The deadline for schools to prove they could meet the standards was set for June.
“It spells out what they are entitled to for this sound basic education, which is substantially equivalent coverage of basic school subjects,” he said. “They basically took all the guts out of it.”
In the filing, the state seeks to have the case thrown out on constitutional grounds, arguing in court documents that aside from funding measures, New York has no such duty when it comes to nonpublic institutions.
“To state a claim under that provision, a plaintiff must allege, among other things, a ‘district-wide failure’ in the public school system. Plaintiffs make no such allegation here and instead rely solely on alleged deficiencies at nonpublic schools. Such allegations are not actionable under the State Constitution,” the court filing says.
Assistant Attorney General Matthew Lawson goes on to say that the state only has a duty to maintain a “system of free common schools.”
“When the Court of Appeals recognized the ‘sound basic education’ requirement, it was merely interpreting the scope of this duty,” the document reads.
The attorney general’s office also questions the presence of a private right of action to sue the government over the matter in the first place while raising questions about legal standing and community members have historically kicked against regulating curriculum for yeshivas, where religious studies are heavily emphasized.
Lawmakers in favor of the budget language argued at the time in favor of parental rights, and Assembly Speaker Carl Heastie insisted the changes were minimal and intended to allow flexibility for schools to get themselves in compliance and avoid closures that he said could have resulted from the looming June deadline.
A representative for the yeshiva community declined to comment on the lawsuit.
Despite it passing as part of the state budget, not all state lawmakers were happy about the move. State Sen. Finance Committee Chair Liz Krueger has consistently spoken out against the changes and made her objections known during budget votes on the Senate floor.
Rebell laid out that if the lawsuit is successful it will set a long term precedent in favor of substantial equivalency standards, while if unsuccessful it will mean that tens of thousands of children have no constitutionally enforceable right to learn basic subjects that organizations like Young Advocates for Fair Education insist are crucial for students in religious schools to thrive in adulthood.
“Kids in private schools have a first amendment right to teach whatever religion, whatever values they want, but they also have to teach the basic subjects and that understanding has to be spread nationwide,” he said.
The lawsuit is supported by YAFFED, or Young Advocates for Fair Education. Executive Director Adina Mermelstein Konikoff has argued that the extra time and watered down testing requirements included in the state budget will impact the ability for students to thrive in society.
“By moving to dismiss this case, the State is doubling down on a shameful policy of benign neglect,” she said in a statement. “Shockingly, their position is that the constitutional promise of a ‘sound, basic education’ simply doesn’t apply to Jewish children in yeshivas. This argument should strike fear into the heart of any parent. The State is contending that these students have no enforceable right to learn basic reading, math, or science at all. The State cannot wash its hands of children being denied an education, and we are fighting to ensure that the right to learn applies to every student, no matter their background.”
A spokesperson for Gov. Kathy Hochul declined to address the lawsuit but defended the governor’s record when it comes to education.
“While our office cannot comment on pending litigation, Governor Hochul remains committed to ensuring all New York students have access to a quality education.”
Representatives for Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins declined to comment.
A hearing in the case is expected in April, and Rebell said he anticipates the case could make it all the way to the state Court of Appeals.