The High Court of Justice has ordered the state to submit, within 10 days, detailed information regarding core curriculum studies and oversight mechanisms in party-affiliated haredi (ultra-Orthodox) education networks, after the Education Ministry failed to present its position during a recent hearing, the court announced on Sunday.
In a decision issued on Friday, the court directed the state to provide all documents already in its possession addressing the scope of core studies taught at the institutions, the method used to calculate compliance for budgeting purposes, student participation in external assessments, and the supervision and enforcement mechanisms currently in place.
The ruling came in response to a petition filed by Hiddush – Freedom of Religion and Equality, which challenges the continued funding of the two main party-linked haredi school networks, Maayan Hahinuch Hatorani (Bnei Yosef) and the Independent Education Center.
The hearing, held on January 5 before Supreme Court Justices Daphne Barak-Erez, David Mintz, and Ruth Ronnen, proceeded without a substantive written response from the state. According to the court, the Education Ministry did not submit a preliminary response on the merits after Education Minister Yoav Kisch instructed that information collected by the ministry during the current school year not be transferred to the court.
As a result, the justices heard oral arguments from the petitioners and from representatives of the education network, while the state provided only an initial factual update. In its decision, the court said the absence of a complete factual record prevented meaningful judicial review and required the submission of a supplementary notice in order to “complete the factual infrastructure in an orderly manner.”
The court ordered the state to clarify what core curriculum requirements apply to the institutions as a condition for receiving public funding and whether those requirements differ from those imposed on state-run schools. It further instructed the state to explain how compliance with core studies is calculated for budgetary purposes, including the so-called “cluster method,” and to address how teacher qualifications and participation in external testing are factored into that calculation.
In addition, the state was directed to provide data on student participation rates in national and international assessments, such as Meitzav and PISA exams, with distinctions drawn between boys’ and girls’ institutions, as well as information on the current supervision framework, including inspections, self-reporting mechanisms, documentation practices, and findings gathered in recent years.
The court specified that, given time constraints, the state is required at this stage to submit only materials already in its possession, without undertaking additional data collection or processing. All such materials must be filed by January 18, after which the court said it would determine how to proceed.
Disclosure follows hearing regarding budgetary transfers
The disclosure order follows a tense High Court hearing last Thursday in a related case challenging hundreds of millions of shekels in budgetary transfers to the same haredi education networks. In that case, the court left in place an interim order freezing the transfers, after the state acknowledged that a significant portion of the funds had already been transferred before receiving statutory approval from the Knesset Finance Committee.
During that earlier hearing, the justices repeatedly criticized the lack of transparency surrounding oversight and compliance with core curriculum requirements, questioning how lawmakers could meaningfully approve funding transfers without access to basic factual information regarding enforcement and compliance.
The decision follows a legal position issued earlier this month by the deputy attorney-general, warning that the state cannot continue fully funding party-affiliated haredi education networks without addressing deficiencies related to core studies and supervision. No binding timetable was set.
Responding to the ruling, Hiddush legal adviser Dr. Yifat Solel said the court had effectively put an end to what she described as prolonged concealment and evasion by the government. She argued that, for years, the state had transferred substantial sums to institutions that are legally required to provide full core studies but have failed to do so, while presenting a misleading picture to both the court and the Education Ministry itself.
Sole added that, unless the institutions begin complying with core curriculum requirements, significant budget cuts would be unavoidable in the coming months.
The High Court said it will decide on the next procedural steps once the state submits the required materials.