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CHUTZPAH: NYS Education Dept. Tells Court There is No Need to Schedule Hearing, Asks Court to Ignore Yeshivas’ Evidence


As YWN readers are aware, late last week the yeshivas challenging the State Education Department’s New Guidelines submitted their last set of papers to the court in support of their request for a preliminary injunction blocking the implementation and enforcement of the new rules.

The case – along with the parallel lawsuits filed by the Independent schools and the Catholic schools — was assigned to a judge on Monday, and the all the schools immediately asked the court to set a date for a hearing on the preliminary injunction.

Not surprisingly, the State sought to delay the hearing. Even worse, the State asked the Court to ignore the numerous affidavits that the yeshivas and other parties submitted in support of their claims.

YWN can now exclusively report that the court rejected the State’s delay tactics, and set a preliminary injunction hearing for Monday, April 15.

YWN has already reported on the incredible affidavit from Nobel Prize winner and yeshiva graduate Robert Aumann. But there were many other important affidavits submitted, and YWN can now share with you several more of the affidavits that the State fought to prevent the court from considering.

Professor Aaron Twerski wrote about the unique role the yeshiva system plays in sustaining and growing the frum community, the value of a yeshiva education and his own decision to provide a chassidishe education for his children. He wrote:

“In any event, yeshiva education is remarkably effective in providing the tools necessary for success in the secular world. Indeed, I would challenge any large-scale secular educational system to match the results accomplished by our schools.”

He concluded:

“I am a life-long educator whose contributions and commitment to excellence have been recognized by the secular world, and I am convinced that yeshivas offer a superior education. Others might look to our Yeshiva system for its excellence in teaching the most important of all skills: how to reason, analyze problems and construct a moral and ethical framework for life. The sentiments that I express here were not formulated recently, nor do they find their main expression in this Declaration. Of far greater significance, my wife and I enrolled our own children in Chasidic schools. We moved from Pittsburgh to New York in 1972 for the sole reason that we wanted our nine children to benefit from an intense Chassidic education. Each and every one of them are highly productive members of society. They are Talmud scholars and are engaged in a broad range of endeavors. Some are teachers, others are involved in commerce – all are highly successful. But most important, they are deeply religious and possess highly ethical standards that they imbued from the finest Chassidic schools. We are gratified that all of our grandchildren and great-grand-children are students in Chasidic schools as well. With more than one hundred descendants, that record speaks for itself. “

Rav Yisroel Meir Kirzner, a close talmid of Rav Hutner, ZT”L, a Rov in Boro Park and a distinguished professor of economics at NYU, wrote about the conflict between the New Guidelines and the goals of a yeshiva education, and the damage that would be wrought if yeshivas are “constricted by the New Guidelines crafted in Albany by those entirely unfamiliar with (and not necessarily sympathetic towards) the standards of Jewish education. “ He concluded by saying that Chaim Berlin “and the broader Yeshiva community have amply demonstrated that their educational vision can and does produce graduates fully capable of achieving success in all fields of endeavor. Their institutions must not be transformed by those who are utterly detached from the broader goals of Jewish religious education.”

Avi Weinstock, who is e Chief of Staff and Associate Director of Education Affairs at Agudath Israel of America, wrote to explain how invasive the New Guidelines are, and how they ignore educational output:

“The irony is that the yeshivas that provided me with an excellent education could not satisfy the requirements of the New Guidelines. For starters, the schools I attended (and hundreds like it) did not offer dance or the visual arts; courses on the New York Constitution; or instruction in “family science” (again, all listed as absolute educational requirements in the New Guidelines). Nor did we receive the requisite – according to the New Guidelines – hours of instruction. In other words, our inputs didn’t measure up, even though our actual education and outputs may have been exemplary.

“Any review of the New Guidelines would be incomplete without a review of the consequences of non-compliance. Per the New Guidelines, “If the board of education makes a determination that the school does not meet the standard of substantial equivalency, then: The LSA shall provide written notification to the administration of the nonpublic school and the parents or persons in a parental

relationship of students attending the school of such determination and that the students will be considered truant if they continue to attend that school. The board will provide a reasonable timeframe (e.g., 30-45 days) for parents or persons in a parental relationship to identify and enroll their children in a different appropriate educational setting. The 30-45 day timeline described in the New Guidelines, after which point parents can be charged with criminal truancy, including jail time, is draconian.”

(YWN World Headquarters – NYC)



13 Responses

  1. Doesn’t anyone reaad the papers anymore. NY State Legislature effectively threw out the requirement by the Dept. of Education for additional courses and longer hours in Parochial schools.
    Mazel Tov and thank you very much to Senator Felder!

    Towards the end of a NY Times Article dated March 30, 2019, “Albany Strikes Budget Deal That Sidesteps Trump’s Tax Plan”
    It states as follows:

    Senator Simcha Felder had been accused by Assembly Democrats of essentially holding the negotiations hostage over an issue with religious schools before a deal was reached on Friday. (Credit Nathaniel Brooks for The New York Times)

    Another policy agreement would ease state oversight of yeshivas, despite concerns among education advocates that the schools for ultra-Orthodox Jews, which offer both secular and religious education, leave their students with poor to nonexistent English and math skills.

    Assembly Democrats, who opposed easing state control, had cast the issue as the only one holding up a budget deal. The Assembly speaker, Carl E. Heastie, on Friday morning accused Senator Simcha Felder, who represents a large Orthodox Jewish constituency in Brooklyn, of essentially holding the negotiations hostage. Mr. Felder, a Democrat who caucuses with the Republicans and therefore allows them to sit in the majority in the Senate, often wields disproportionate influence in the Legislature.

    The final compromise allowed for yeshivas, and other nonpublic schools, to argue that long hours of instruction — no matter the topic — could be used to satisfy state educational requirements.
    End

  2. That’s okay. Just drei zach arum by livaya’s. Keep that Gemorah sealed shut. Cause and effect my friends.

  3. The article “Albany strikes budget deal that sidesteps Trump’s Tax Plan”
    is dated March 2018. Last year. It improved the situation but has not resolved the problem.

  4. Not necessarily chutzpah. The schools are looking at a worse case scenario, but the government can argue that they don’t plan to do anything that will cause problems, and the time to seek the injunction is AFTER the state tries to close down a yeshiva or force a student to do to public school, and until then it is too hypothetical (“unripe”). This is sometimes referred to as “punting” (avoiding deciding a legal matter in the hopes it will go away on its own). If the state decides the private schools are doing a fine job, no need for litigation (yet).

  5. I am not sure how the inflammatory headline is helpful to anyone that supports the causes of Yeshiva education. The headline probably undermines all of the hard work that many are doing to help support Jewish Education.

  6. The leftist liberals running the SED won’t stop until they achieve their goal to introduce the new 4 Rs. R-Evolution against Hashem. Rights – women, gays, animals, Religion, and culture especially- black and gay history. Reproduction – abortion etc. Hashem should protect us.

  7. court rejected the State’s delay tactics, and set a preliminary injunction hearing for Monday, April 15. Because the auspicious Mazol of Adar [which no-doubt includes court cases] extends into Nisson at least thru Pessach.

  8. What’s the problem? It’s the same like vaccines, we don’t have to hear the other side…

    Time to wake up. If you allow religious rights to be over stepped it will come to hunt you. If you decide an opinion on a topic without hearing the other side, just just you decided they are quacks, well, they now decided you are quacks…. And what’s the chutzpah?

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