You may have heard that the New York State Education Department recently published proposed Regulations about “substantial equivalency of instruction” required for students attending nonpublic schools.

This can have severe ramifications for yeshivos and day schools across the board in NYS, so we wanted to provide some answers to common questions we are receiving about this serious development.

Q: How might the proposed regulations affect my child’s yeshiva?

A: The Regulations, on their face, may require schools to make major adjustments to their limudei kodesh and secular programming. 

For example, the proposed regulations specify 1) the number of required hours – as many as 4-5 hours per day, depending on grade level; 2) more than 12 required subjects, including, at the lower elementary level, consumer and family science, visual arts, theater, media arts, career development, occupational studies, etc.; 3) assessment of teachers to an undefined standard.

Results, grades, competencies, graduation rates, or other factors regarding equivalency to public schools are not taken into account for these purposes. 

To view the proposed Regulation click here.

Q: Didn’t the court already strike down the SED Guidelines 3 months ago?

A: Yes, those Guidelines were thrown out by the NY State Supreme Court in response to lawsuits brought by Agudath Israel, PEARLS, Torah Umesorah, and other groups. However, the court struck down the Guidelines because the State Education Department failed to comply with the technical requirements for new rulemaking. By publishing its “proposed Regulations” in the NYS Register, SED has now started an “official” process in compliance with those requirements.

Q: How do the new proposed Regulations differ from the previous Guidelines??

A: The new Regulations are substantially identical to the previous Guidelines.

Q: What happens now?

A: There is a sixty day public comment period (until September 2) when individuals can voice their concerns regarding these proposed regulations. At the conclusion of the process, the Regulations come before the Board of Regents for a vote, expected this fall.

Q: I heard that State Education Commissioner Elia resigned earlier this week. Does that mean this is over?

A: No. The impact of Commissioner's Elia's resignation on this issue is still to be determined, but the proposed Regulations have already been published and the comment period is in place.

Q: What is being done to fight for parents who choose, and sacrifice dearly, for their children to attend yeshivos?

A: The Agudah has been working with organizations in the community - PEARLS and Torah Umesorah, among others - to oppose the newest incarnation of the state's attempt to control yeshivos. It should be noted that the Catholic and NYSAIS independent schools (which, together with Jewish schools, form the majority of nonpublic schools in NYS) also strongly oppose these regulations.

Q: Is there anything I can do?

A: Yes! SED is required, by law, to read comments submitted. While many have previously signed petitions, which is important, these comments are required to be read by law. We have set up a system, where, with just a few clicks, you can voice your opinion on this critical matter.

Q: I live in Chicago, but the overreach of these regulations concerns me. May I register my comment?

A: The regulations do not restrict comments to NYS residents. 

Baltimore, MD – Feb. 15, 2026 - BJL wishes a hearty Mazel Tov to Yehoshua Schmulian and Shulamis Tova Storch on their engagement. Mazel Tov to Howard & Nechama Schmulian and Frank & Danielle Sara Storch יה"ר שיזכו לבנות בית נאמן בישראל. אמן!
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Baltimore, MD – Feb. 15, 2026 – BJL regrets to inform the community of the petira of Rabbi Avi Cohen, z’l, (Detroit) brother of Mrs. Shulamit Gartenhaus. Shiva will begin at 6503 Park Heights Ave, Apt 1A, Baltimore, MD  21215, on Tueday: Tuesday afternoon 2pm- 5:30 and 7-8:30, Wednesday and Thursday 10-12:30 1:30-4 and 6-8pm, Friday 10-1,   Motzaei Shabbos 7-9pm בלע המות לנצח  
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Baltimore, MD – Feb. 15, 2026 – BJL regrets to inform the community of the petira of Louis Safier, z’l, brother of Mrs. Laura Ann (Rabbi Mordechai) Glazer. The levaya will take place tomorrow, Monday, Feb. 16, 2026 at 1:00PM at the Baron Hirsch cemetery in Memphis, TN. Shiva in Baltimore will be observed at 3904 Fallstaff Road, Baltimore, MD 21215 on Friday and Motzaei Shabbos. Details to  follow    בלע המות לנצח
Parsha Hashavua
Rabbi Dovid Fink - Parshas Mishpatim: Hashem's Love

One of the Torah’s fundamental principles, cited in Parshas Mishpatim, is the concept of eyen tachas eyen, shayn tachas sheyn – that the Torah ascribes punishments on a mida k’neged midah basis.  Nevertheless, within this framework, we understand that the Torah does not literally call for blinding one who blinds or cutting off the arm of one who steals, rather monetary damages are paid to the victim of a crime by the perpetrator.  This doctrine is consistent with the Torah’s approach to the Eved Ivri.  (21:2) There are two ways in which a person can become an Eved Ivri.  Either, one chooses to sell himself so as to eliminate the burden of supporting himself for a period of time or Bais Din may sell someone into avdus if they steal and are unable to payback.  


What seems completely inconsistent with this approach is what happens to the eved if after six years he says ahafti es adoni - I love my master and do not want to go free.   In such a situation, the Torah prescribes that we drill a hole through his ear at the doorpost.  (21:6).  Rashi deals with this seemingly literal and draconian punishment by quoting R’Yochanan Ben Zacai who stated we drill his ear for having heard at Har Sinai “Thou shalt not steal” or he heard “Bnei Yisroel are avadim to me”.  We drill his ear for not obeying the commandments that his ear heard.  This explanation leaves two puzzling questions.  Why, in this unique circumstance, does the Torah abandon its policy of monetary payments for damages and second why is this “drilling” done now?  The eved violated these commandments six years ago when he was first sold.  We should have drilled his ear at that time.


In answering these questions we need to understand that the Torah’s concept of onesh is primarily to provide a kaparah for the baal aveira and secondarily to compensate the victim.  (Gemarah, Meseches Yoma 86a)  In each case of the eved, the Torah initially prescribes an onesh which accomplishes both – by selling a thief into avdus the victim is repaid and in either case of one who is sold, the embarrassment of being an eved is a kaparah for the aveira.  However, if at the end of six years the eved says ahafti es adoni, then we see that the onesh was no onesh at all!! He enjoyed his punishment.   In such a case, it is clear that the Torah’s preferred method of onesh did not work – there has been no suffering to endure if on balance he would rather stay an eved.   Since the primary purpose is to achieve kaparah we must resort to a more literal punishment.[1] 


This is but one more example of the measure of love Hashem has for each one of us.  Even at times of aveira it is the ratzon Hashem that we have a kaparah and cleanse our neshama from the blemish which a chet leaves behind.  May we all be zocheh to appreciate the love that Hashem has for all of us and be more careful in keeping all of his Mitzvos so we need not constantly take advantage of his great love and leniency.







[1] It is a curiosity why according to Reb Yochanan ben Zakai we would not give Malkus at this time – the traditional punishment for violating a negative prohibition in the Torah.  Perhaps Malkus is only appropriately given at the time of the offense. 



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Chesed Chesed
One of the Torah’s fundamental principles, cited in Parshas Mishpatim, is the concept of eyen tachas eyen, shayn tachas sheyn – that the Torah ascribes punishments on a mida k’neged midah basis.  Nevertheless, within this framework, we understand that the Torah does not literally call for blinding one who blinds or cutting off the arm of one who steals, rather monetary damages are paid to the victim of a crime by the perpetrator.  This doctrine is consistent with the Torah’s approach to the Eved Ivri.  (21:2) There are two ways in which a person can become an Eved Ivri.  Either, one chooses to sell himself so as to eliminate the burden of supporting himself for a period of time or Bais Din may sell someone into avdus if they steal and are unable ...
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