A Crisis Averted

Kiryas Joel Satmar Rebbe declared war against NYSED (YWN)

There are always issues that must be resolved when the government establishes requirements as technical as those issued recently by NYSED (New York State Education Department).

As was noted here several times there was a justifiable outcry about one of those requirements: As it was understood, the amount of time required for the mandated core subjects was so excessive that it was virtually impossible to offer any kind of significant religious education. Even in the most academically inclined Modern Orthodox schools!  

The response to that by Orthodox Jewry was somewhat different depending on where they were coming from. Satmar who offers no secular studies called these new guidelines a version of  Shmad - forced conversion to another religion! and therefore declared war against NYSED. 

Clearly this was not in any way Shmad. They have also claimed that NYSED violated their constitutional right to freedom of religion. I do not see it that way. More on that later.

The Agudah had a somewhat different response. They called for public protest and prayer- considering these new guidelines to be an unprecedented existential threat in America. While their language focused on the time issue, they did not separate that from the overall desire to keep the state entirely out of Jewish education. And they joined with Satmar in their view about it being a religious rights issue.

My own view was that the state has a legitimate interest in educating its people so they could be productive citizens. And therefore it has a right if not an obligation to insist on a minimum standard of education in all schools - both public and private. 

The devil is always in the details. Which turned out to be somewhat ambiguous and unfavorable as originally understood. In the case of the time requirement it seemed to be draconian and in need of revision. So that Yeshivos could continue offering a quality education in both a religious and secular studies. This is basically what the vast majority of Yeshivos and days schools had always done. 

While members of the right were crying foul and demanding the NYSED rescind their new guidlines, I argued that compromise would be a far better approach than harsh rhetoric, confrontation and public protest. I argued that the time requirements as they were understood were unacceptable. And that NYSED should be convinced to restore that portion of the guidelines to the status quo ante. But that otherwise the curriculum requirements were reasonable and in any case - the vast majority of religious schools were already in compliance.

This is what eventually happened. From Cross Currents: 

(W)ith regard to high schools, NYSED’s Guidance provides that all registered high schools are already in compliance and have no further obligations. Virtually all of the high schools in the TEACH NYS network (schools under OU jurisdiction) are registered with NYSED. Second, in response to our inquiries, NYSED provided written clarification that the mandatory units of daily secular study are not more than one per grade for core subjects (English, Math, Social Studies and Science). This translates to 3.5 required hours of required instruction per day (not counting physical education) for grades 7-8.  

Clarity was provided.  Although the OU consulted with unnamed leading rabbinic figures (some of whom may be on the Agudah Moetzes)... and were part of the overall coalition dealing with this problem... they took a quieter approach and got the answers they were looking for.  They did not take the confrontational public stance Satmar and to a lesser extent, Agudah did.

For its part the OU suggested that NYSED: 

 …reach out to all parties to deal with these inquiries; an open discussion with all parties is important to avoid further aggravating an already difficult and confusing situation. And finally they urged NYSED to clear up any remaining inquiries. 

I agree. A potentially major crisis has been averted. The fears expressed by almost all concerned have been abated. Hopefully all issues will soon be resolved. 

I said ‘almost’ because it still leaves the status of schools that offer no secular studies unresolved. I do not think they will get their way. Nor should they in my view. Notwithstanding their claim that any of NYSED’s requirements violates their constitutional right to freedom of religion. 

That is not the case in my view. As noted, the government has the right to insist on a minimum standard of education for all of its citizens. Producing productive and good citizens impacts on all of us. Claims that they do that with their religious curriculum alone is not fully the case. Some of it may be. But certainly not all of it.

It is my sincere hope that all Jewish children be provided with both a sound religious education and a sound secular one. That is the best path to success in America as both Jews and as good citizens.