Yeshiva World News (YWN) has been leading the coverage of the State Education Department’s long-running campaign against yeshiva education.  YWN has been harshly critical of New York State and City officials who have unfairly targeted yeshiva education.

Recent articles have discussed a new development. The State Education Department has made a final determination that two small chadorim in Williamsburg are not substantially equivalent.  The responses to this news sit at two opposite extremes.  Some express glee at the prospect of yeshivas in trouble, while others are outraged by SED’s actions.

We all have experienced instances in which a person who hears two sides arguing thinks that they are both right.  This may be a case in which both sides are wrong.

Let’s start with the two yeshivas.

If SED is to be believed, the yeshivas refused to engage with the city and state departments of education.  They allegedly refused to respond to requests seeking curricular material or to cooperate in scheduling site visits to the school.

Instead, according to SED, on August 7, 2023 they wrote to say they had no obligation to demonstrate substantial equivalency to the city or the state.  A few weeks later, on August 27, 2023, the yeshiva wrote to say that its “Rabbinic Board sees no problem with our lack of substantial equivalency.  Our religion mandates that our Rabbis be the sole directors in education matters.  Implementing any changes would be a transgression to our religious convictions.”

The SED final determination letter goes on to document the yeshiva’s continuing refusal to respond to outreach and requests from the state and city. The final determination is not based on an analysis of the yeshiva curriculum or a rejection of its approach to education.  It hinges on the allegation that over a period of many years, the yeshiva simply declined to respond to requests for information and invitations to meetings.

If SED is telling the truth, and that is always a big if when dealing with SED, the yeshivas bear some responsibility for this outcome. It is always wiser to make your case to government rather than to refuse to respond.  That makes it seem like they had something to hide.  The yeshivas should have demonstrated pride and confidence in their students and chinuch. Explain the beauty of Torah education.  Most of all, do not tell the government that the rules don’t apply to you.

That is especially important in the current environment, when what a single school does is likely to have an effect on the entire yeshiva system.

It is no secret that leading Admorim are working with askanim and elected officials to come up with legislation included in the state budget that addresses the frum community’s concerns about SED’s intrusion into yeshiva education. The deadline for the budget is April 1.

At the same time, the yeshiva community’s legal challenge to the SED substantial equivalency regulations is pending before the New York Court of Appeals, the state’s highest court.  A decision is expected before the end of the school year.

YWN has no doubt that the timing of these SED final determinations was motivated more by a desire to sabotage these efforts than by any educational concerns. YWN is equally sure that SED and the media will portray these two yeshivas as representative of the yeshiva community rather than the outliers that they actually are.

YWN understands that each yeshiva follows its own daas torah.  Yet in this case, and at this time, these small chadorim should have had more concern about how their conduct is going to impact all yeshivas across New York State.  They are about to become the face of the yeshiva community, even though they are outliers and not representative of the vast majority of yeshivas.

Of course, just because YWN believes that these two yeshivas should have chosen a different path does not mean that SED’s conduct isn’t even worse.

As we explained, SED’s timing here is suspect.  It picked this fight now to derail the ongoing legislative effort and to confuse the Court of Appeals into believing that the approach taken by these two small schools is representative of the entire yeshiva community.

Even worse, SED is trying to bully the parents into abandoning these schools.  SED demands that the yeshivas send every parent in their schools a letter drafted by SED that directs them to take their children out of the school.

SED even stoops so low as to threaten the parents that their children will not receive the federally-subsidized meals that they are entitled to if they remain in the schools next year.

That is a benefit that belongs to the child.  It runs through the schools as a matter of convenience, because that’s where children are during meal time.  SED is not addressing any educational concern by threatening to withhold basic nutrition from children in low-income families. It is nothing more than mean spirited bullying.  For shame on SED.

The letter SED wants the yeshivas to send parents also advises them that they have three options for their children:  another private school, homeschooling or public school.  It is inexcusable for SED to demand that a chassidishe yeshiva suggest to its parents that public school is an acceptable option.  For shame again, SED.

As a reminder, the question pending before the Court of Appeals is not whether yeshivas and yeshiva parents can ever face consequences.  It’s whether SED has to first prove its case in court, as the yeshivas say, or whether it can act unilaterally and on its own, as SED says.  YWN wonders why SED is so afraid of having to convince a court that consequences are warranted.
YWN ends with two final messages.  One is for the news media, the other the frum community.

We challenge the media to approach this story with the subtlety and nuance YWN has brought to it.  If you want to be critical of the yeshivas, inform your readers that they are outliers among the hundreds of larger yeshivas in New York.  And don’t give SED a free pass for its bad behavior.

To the yeshiva community.  Be upset at SED but keep your eyes on the big picture.  Don’t fall into SED’s trap and make these two yeshivas the face of Klal Yisroel at this time.  Let’s stay on track and get the legislation and the Court of Appeals victory we need to protect our chinuch.

With siyata d’shmaya, tefilos and discipline, we can IY’H get there.

(YWN World Headquarters – NYC)