By Avi Schick
Even ardent opponents of school choice accept that parents have the right to send their children to private schools. That may soon change in New York state, where education officials are preparing new guidelines to impose strict regulations on the instruction that religious and other private schools provide, while empowering local school districts to shutter those schools if they fail to meet state standards. The plan is not only ill-advised, it may end up costing the state billions in annual school aid to nonpublic schools.
Parents have had a legally recognized constitutional right to guide their children’s education for nearly a century. The Supreme Court’s 1925 decision in Pierce v. Society of Sisters established that children are “not mere creatures of the state” and that parents have the right to choose “schools where their children will receive appropriate mental and religious training.” Almost 50 years later, in Wisconsin v. Yoder , the court reaffirmed these rights, recognizing the “fundamental interest of parents, as contrasted with that of the State, to guide the religious future and education of their children.”
The trade-off has always been that parents, not the state, must foot the bill for private education. In New York the government saves billions annually because parents choose to send their children to religious or private schools. New York’s Jewish and Catholic schools alone educate 330,000 children, nearly 200,000 of whom attend New York City parochial schools.
Only a fraction of these savings finds its way back to New York’s nonpublic schools and students. Students are entitled to about $100 a year in loaned textbooks as well as library and computer materials. Private schools receive the equivalent of a few hundred dollars a student as reimbursement for providing certain mandated services. By contrast, New York City spends about $20,000 per public-school student and more than $14,000 per charter-school student. Charters, which are public schools, also get either free facilities or additional facilities funding.
In 1972, New York enacted a law to help pay for “secular educational services for pupils in nonpublic schools.” But the Supreme Court struck it down the following year, claiming it violated the First Amendment and would lead to excessive governmental involvement with religion. A kind of détente has reigned since; New Yorkers can choose where their children go to school, and the state can neither fund private and religious schools nor meddle in their affairs. The state Education Department requires nonpublic schools to provide instruction that is “substantially equivalent” to that of nearby public schools. The standard has worked well, inviting neither controversy nor legal challenges.
The new guidelines will upend the status quo by imposing additional instructional requirements and giving local school districts the power to shut down parochial and private schools deemed not to be “substantially equivalent.” Local officials will even gain the authority to initiate Family Court proceedings against parents whose children are enrolled in schools that don’t measure up.
Even worse, while current guidelines kick in only after “serious concerns” have been established about the instruction at a nonpublic school, the new regulations will mandate regular inspections of the offerings at private and parochial schools. State officers will review curriculum and instructional materials, sit in on classes, and interview teachers.
These new regulations signal the convergence of the nanny state and the secular state. The result will be a government with no inclination to defer to parental choice or acknowledge the religious values that lead families to parochial schools.
But New York can’t have it both ways. If providing reimbursement for secular educational instruction at nonpublic schools amounts to an entanglement of church and state, then so does a regime in which the state mandates, inspects and approves those schools’ curricula. And if a private school teaches a state-approved curriculum using state-loaned textbooks, administers state-mandated tests, and passes state-required “substantial equivalence” inspection, shouldn’t the state pay for what the school teaches?
A back-of-the-envelope calculation using the charter-school reimbursement rate of $14,000 per student suggests that New York City’s Jewish and Catholic schools could be entitled to up to $2.8 billion annually in state school aid. That doesn’t even account for other city private schools or parochial-school students in other parts of the state.
Albany bureaucrats are expected to issue the new guidelines in February. Before they do, they might want to consult their colleagues in the state Budget Division, who may soon have to write some very large checks.
Mr. Schick is a partner at Dentons, an international law firm. He previously served in New York state government as a deputy attorney general and as president of the Empire State Development Corp.
..is there any Lubavitch school that teaches all day Koresh studies in a language that the students speak? That is the only education that the Rebbe has enforced and yet I have not heard of a single school that does that (aside from in E.Y.)
Your idea would be correct if the U.S. was democracy, but it isn’t, its Republic.
As John Adams (Second president) said, “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself.”
all the basic information needed for our boys to function in a western society can be mastered in a minute fraction of the time they’d be forced to spend on it if folks like #29 had their way. as a matter of fact, the girls’ schools condense the required secular curriculum into a mere 3 hours a day vs. the public schools’ 6 hours a day, yet they come away with similar knowledge. believe me, except for passing nys regents you could leave out most of the math, science, and history curriculum and still be a highly intelligent, totally functional… Read more »
SAD REALITY CHECK: 95% OF STUDENTS IN OUR SYSTEM DONT COME OUT NEITHER TALMIDEI CHACHMIM NOR PROFESSIONALY PREPARED TO EARN PARNUSSE.
The state courts are going to rule against us, we will probably have to go to federal judges for this one.
Just a hunch.
Re point on gpvernment providing funds to privite schools, while they provide their services. Your comparison to Mass transit actually refutes your point. The price keeps on going up, while they keep on asking the state government for more money. they are corrupt as anything, and money is bleeding, while service is terrible. In general capitalist societies have come to the conclusion, that the more the government is left out of the actual management of such things, the better. Re your point on property taxes. You are very “krum”. You your self admit that one can attempt to change public… Read more »
“All within the state, nothing outside the state, nothing against the state.” -B. Mussolini
Out there in the secular world it is now mandatory to teach children from a very young age that activities prohibited by our holy Torah are acceptable and deserving of encouragement. In England a Vishnitz girls’ school (students aged 3 to 8) and a Bobover girls’ school have both been cited for failure to teach this point of view and authorities are trying to shut them down. Here is a news article about this: https://www.theblaze.com/news/2017/06/26/orthodox-jewish-girls-school-faces-closure-for-refusing-to-teach-children-about-homosexuality quote: “[A] report by the Office for Standards in Education, Children’s Services and Schools (Ofsted) says that the Vishnitz Girls School does not teach its… Read more »
Let me put it this way then..If the State of Israel only taught a minimum of seculer subjects to all Israeli children, how would the Country function.
Just returned from a Melave Malka event in our sons’s community two hours from Crown Heights. Our son is is an Oholei Torah graduate. All of the sophisticated high profile community members were singing the praises of how wise, intelligent, and Knowledgeable etc. etc. their Rabbi is and what a difference he makes In their lives…We have many many many successful Talmidim with our system. Our rabbeim had the vision of what it takes to raise chassidishe children and impact the world. Yes, there are the zevuluns too we are raising but for the core foundation of a child’s life… Read more »
What do you say about the post made by #22?
The right for parents to educate their child as they see fit is not unlimited. Society has the right to ensure that certain basics get taught to all its citizens. So if a parent wants to educate his child differently than what public schools offer he can, but only if in ADDITION to what public schools teach. Reading and writing and mathematics used in the society must be taught in private schools as well. This is not news. Creating laws to enforce this is a new wrinkle, and I welcome it. Schick’s point about this increasing cost seems lame to… Read more »
Unfortunately not all children are made to be shluchim. Our children need to have the potential for success and to be able to function in a role other than Rabbi. Basic secular studies would even benefit Rabbis. I am sure that majority of shluchim that had some amount of secular studies are thankful for having learned the basics.
How many srudents in elementary school need to know skills for earning a living? A strong Jewish education is what students need for the survival of the Jewish people and to help bring Moshiach. Most secular subjects taught in high school or college do not pertain to the career in which one will be working. If one is concerned about students not learning English, science, or math, then why not let the status quo continue of students learning those subjects after school? There might be a need after high school for better vocational schools in the Jewish communities. The main… Read more »
I would never have guessed how many misyavnim we have among us.
You should expand your comments into another op-ed piece.
So glad the state is finally forcing the frum world to get its act together. This has nothing to do with trying to control religious-moral education. It has to do with providing skills for (perfectly religious) children to become financially independent and productive citizens who contribute to society rather than being parasites of the state. So many yeshivos have already figured out how to raise well educated and completely committed Jewish children and adults. Its time to finish the job. Enough with the nonsense!
The Gov’t forces the Jewish community to pay property tax even though we don’t use their schools. If we don’t use their schools, we should be exempt from the property tax, otherwise, it is theft.
There was a Vishnitz girls school in London that almost closed for refusing to teach about LGBT rights and gender orientation. If they are allowed to take control of our schools, it’s only a matter of time…
I heard Alan Dershowitz speak years ago to administrators and principals of yeshivas. Said don’t take money from the government. Fundraise for your schools. When you take money from anyone, they assume they can tell you what to do. I agree we have the right to money for books that they would have to supply anyway. I think we have an obligation to teach skills that are needed for life but not waste time on unnecessary subjects. Too many young men drop out of system that let them down. A gemorra head can learn anything in a fraction of time.
went on Mesiras Nefesh to stop forced learning of Chochmas Chitzoiniim
Great point #14, all is made by Hashem and should be learned together, when you separated them you made a mistake, just learn these kosher way as Satmars do nowadays and also many other frum schools around the world. Rabbi Belsky z»l even approved how to learn science, we are so lucky to have frum teachers just need to teach them how to teach these subjects in kosher way
I’m public school educated. I assure you my kids are getting an infinitely better education in their frum schools then I ever had. They can read and write in 2 languages from a young age, they are taught critical thinking skills from a young age and encouraged to extrapolate and innovate ideas. They’re also in gender segregated classrooms so they don’t have the stress or distraction that brings to the table, and they can shine in the subjects they enjoy without the pressure to conform to or break out of gender stereotypes. I wouldn’t switch them to public schools if… Read more »
It’s an upside down world when the morally bankrupt secular world wants to tell Torah Institutions how to “educate” children.
in our zip code 11213 or 11225 all public schools are low graded ,their students failed in regions /city tests ,so the state wants our kids to improve the secular level by forcing Jewish kids to go to the public school or by participating in city tests so our zip codes will have better educational levels and we are parents who paying for this .
if the state wants my school to be public can they pay $14,000-20,000 so i can do both religious and secular and help our zip codes to be the best ,so all win win
Our country is functioning? Isn’t there something in the news about a government shutdown?
There is no such thing as “secular” studies. Everything has to do with Torah, even math and science.
U r all missing the main point
What is our holy rebbe saying about limudai choll?
This sounds like communism.
First of all our Torah has plenty of math throughout the Gemorrah. The orthodox community is doing fine.
A. The premise of this article is incorrect. It assumes, that the government should not pay for the the secular education of private schools, and claims it is unconstitutional, unless the government legislates the way the school functions. This claim is debatable at best, and undercuts the entire idea of school choice. Luckily a few states like florida, wisconson and indiana, do not agree with this author. Hopefully others will follow (though we have to wait for the teachers unions to go under). B. there are plenty of private schools which have a high level of secular department. Is the… Read more »
Damage done already we have a generation that can’t make a living
You have lern secular subjects or else you won’t be able to do any jobs
You send your child to a frum school and teach them basic math and reading skills on the side I guarantee you they will be more literate knowledgeable and successful in business than the average public school student !
Everyone has a right to choose what kind of education they want as also the education in public government controlled schools is so terrible that the students in frum schools who learn some English on the side know how to read and do math and business better than the majority of public schools students
The Orthodox Jewish community does pretty well without teaching the subjects you mentioned to their children at a young age.
Dude really? You donג€™t think schools should teach medicin, so who will be out doctors? The answer is obvious and twofold: a) every child doesnג€™t have to master every subject. And b) if the child does with to become a doctor he or she can study that field later on in life. Our children will not become mathematicians Baden on our education. Granted. But they might excel in other areas. (And by the way, the average frum family earns more than the average American. There is no correlation between education and financial success) And finally, even if you are correct… Read more »
You dont want children to learn English, Maths, Science, Art and Design, Computing, Design and Technology, Geography, History, Languages, Music, Physical Education. Please explain how a Country would function if our children did not study secular subjects!!
Unfortunately, there is a group of folks who have presented at open forI’m meetings called the panel for educational council meetings where the Chancellor is there and they have highly criticized publicly what is going on in the frum schools that their children attend in borouh park or Williamsburg. they have stated how the quality of secular ed is poor and that it is unacceptable that DOE does not intervene. It is highly distressing that these people choose to send their children to the schools and then criticize them. If they have no interest in the curriculum that is set… Read more »
there are frum jews, even ‘chassidim’ who approve of this. They’ll be happy to get govt money and have secular subjects permeate our system. Galus….