Introduction to the Lawsuit
A coalition of parents, advocates, and a prominent education lawyer is suing New York state, accusing lawmakers of quietly gutting standards for religious schools and denying tens of thousands of Hasidic and Haredi children a basic education.
Background of the Lawsuit
On Sept. 18, Michael Rebell, lead counsel and professor emeritus of law and educational practice at Teachers College, Columbia University, joined by the firm Quinn Emanuel Urquhart & Sullivan, LLP and the Youth Advocacy and Policy Lab at Harvard Law School, announced the class-action lawsuit in Kings County Supreme Court. Filed on behalf of four plaintiffs and an estimated 100,000 Hasidic and Haredi students, the suit names Gov. Kathy Hochul, Assembly Speaker Carl Heastie, Senate Majority Leader Andrea Stewart-Cousins, and the state of New York as defendants. It challenges a provision added to the state’s $237 billion fiscal year 2026 budget that rolls back education standards for nonpublic schools, including yeshivas.
New York’s Education Law
New York’s Education Law Section 3204 requires that nonpublic school students, including those at religious schools, receive an education “substantially equivalent” to what public schools provide. That includes instruction in core subjects such as English, math, and history. The New York State Education Department (NYSED) spent years drafting regulations to enforce those standards.
Changes to Education Standards
Advocates say the new changes weaken those standards — particularly for yeshivas, which primarily focus on religious instruction in Hebrew and Yiddish — and limits the state’s ability to enforce compliance, stripping away testing requirements. Schools can now pick their own assessments, switch them at will, and remain in compliance simply by offering the exams to a minimum number of students, regardless of how students score.
Reaction to the Lawsuit
At a news conference outside Brooklyn Supreme Court, Rebell — who in 1993 led the landmark Campaign for Fiscal Equity case that secured recognition of the constitutional right to a “sound basic education” — called the carveout “outrageous.” “It is outrageous that the governor and state legislative leaders absolved yeshivas from teaching basic American history, civics, science, and other subjects to tens of thousands of students,” Rebell said. “The Constitution requires that the state ensure all children, including those in nonpublic religious schools, are provided the opportunity for a sound, basic education,” he added. “New York’s highest court has emphasized that all students in the state need to receive such an education in order to function productively as capable citizens.”
Allegations of Political Favoritism
Rebell alleged the provision was added to curry favor with a politically powerful voting bloc. “The leaders of this Hasidic sect are the same people who deny their kids a decent education that prepares them in any way for the world,” he said. “They are politically very savvy, and they go to the leading political leaders, and they make a deal with them, ‘You support whatever legislation we want, and we’ll deliver a big block of votes to you.’ And they can deliver, and they have, and they do.”
Impact on Hasidic and Haredi Children
Adina Mermelstein Konikoff, executive director of Young Advocates for Fair Education (YAFFED), said the lawsuit seeks to uphold every child’s right to a sound education. The nonprofit was founded by people raised in Hasidic and Haredi communities and advocates for higher educational standards in yeshivas. “But too many Hasidic and Haredi children are being denied an education because the state has refused to guarantee it,” she said. “This lawsuit is about guaranteeing this right — and that means reversing the disastrous dismantling of substantial equivalency. We cannot accept a law that shirks the state’s responsibility to educate our students.”
Personal Experience of a Former Yeshiva Student
Scott Kessler, 25, a former yeshiva student, has spoken publicly about his experience and advocates for children denied what he calls a civil right to basic education. Kessler said he received about eight hours of secular instruction per week, though many yeshivas provided none. He said teachers were often unqualified. “Our teachers didn’t know their subjects,” Kessler said. “For example, I had a math teacher who didn’t know the math he was teaching. The teacher was learning it on the go. He would grade our test wrong, and I would have to teach him how to do the math in order for him to grade the test correctly.” Kessler said his life changed when he transferred to public school at 16. “Public school was one of the most important things to ever happen to me,” he said. “It shouldn’t be like that. Kids should be able to go to yeshiva and get a real quality education.”
Conclusion
The lawsuit against New York state highlights the importance of ensuring that all children, regardless of their background or the type of school they attend, receive a sound basic education. The case has implications for the state’s commitment to educational justice and the future of tens of thousands of Hasidic and Haredi children. As State Sen. Robert Jackson said, “Educational justice is the foundation for democracy, the doorway to opportunity, and the measure of whether we believe in fairness, not only in words, but in action. Action speaks louder than words, and until every child in every school has a fair chance to succeed, our work remains unfinished.”
FAQs
Q: What is the lawsuit about?
A: The lawsuit is about the state of New York rolling back education standards for nonpublic schools, including yeshivas, and denying tens of thousands of Hasidic and Haredi children a basic education.
Q: Who are the plaintiffs in the lawsuit?
A: The plaintiffs are four individuals and an estimated 100,000 Hasidic and Haredi students.
Q: What is the main argument of the lawsuit?
A: The main argument is that the state has failed to ensure that nonpublic school students receive an education “substantially equivalent” to what public schools provide, as required by New York’s Education Law Section 3204.
Q: What are the implications of the lawsuit?
A: The lawsuit has implications for the state’s commitment to educational justice and the future of tens of thousands of Hasidic and Haredi children.
Q: What do advocates say about the changes to education standards?
A: Advocates say that the new changes weaken the standards, particularly for yeshivas, and limit the state’s ability to enforce compliance, stripping away testing requirements.
