In a long-awaited decision issued Tuesday morning, the New York Court of Appeals – the state’s highest court – ruled in a case brought by PEARLS (Parents for Educational and Religious Liberty in Schools), sharply limiting the State Education Department’s power over yeshivas and yeshiva parents.
By Anash.org reporter
This ruling is a major win for yeshivas and their families, ensuring parents retain control over their children’s education and preserving frum schooling options across the state.
“Although we had hoped the court would go further and completely reverse the earlier decision, this ruling is still a major victory,” said PEARLS in a statement. “The court made clear that the State Education Department has no authority to close yeshivas or force parents to remove their children. It reaffirms what we’ve been saying all along: that it is parents – not the state – who are responsible for their children’s education.”
PEARLS has been engaged in a legal battle with SED for nearly a decade, maintaining that parents must retain the right to raise and educate their children in accordance with their beliefs. Wednesday’s decision validates that argument, reinforcing that parents can combine multiple sources of education – such as after-school programs or home instruction – to meet legal requirements. This point, which SED conceded for the first time during oral arguments, carries major practical implications.
The decision is especially significant for six yeshivas that SED tried to shut down by declaring them “no longer schools.” The Court of Appeals ruled that SED does not have the authority to make this decision, so the schools remain open and students can continue attending. It also allows these yeshivas to pursue compliance through new, flexible pathways recently added to state education law.
Dozens of parents of students at these yeshivas were denied special education services because SED claimed the schools were unrecognized. These parents submitted Parental Notifications of Intent (PNIs) to inform the city their children would stay enrolled, but the NYC Department of Education rejected them, assuming the children couldn’t remain. The court clarified that SED lacks authority here and that PNIs must be accepted, allowing students to stay in their yeshivas and receive necessary special education services.
In a statement, PEARLS expressed cautious optimism about the outcome. “We hope that the State Education Department and the Department of Education will now do the right thing,” the statement read. “If they don’t, we will continue to fight for our mosdos and our mesorah.”
Hodu LaHashem for this good news!