6 Rockland Progressive Orgs Demand NYSED Issue Emergency Regs to Protect Yeshiva Students

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ROCKLAND, NY (05/20/2019) (readMedia)-- In response to a recent court decision in Albany that struck down the state's revised guidelines to provide reasonable oversight for non-public schools, six Rockland County groups sent a letter to the New York State Education Department Commissioner and NYS Regents Office Chancellor urging them to enact emergency regulations now.

"Tens of thousands of children attending non-public schools in New York State are receiving little or no instruction in basic subjects. We are calling for action from the NY State Education Department," the groups write in the letter.

The letter is signed by:

  • NAACP (Spring Valley)
  • Rockland Citizens Action Network
  • Rockland United
  • Rockland Coalition to End the New Jim Crow
  • Power of Ten
  • Orangetown Democratic Committee

Read the full letter attached or below.

Dear Chancellor Rosa and Commissioner Elia,

Tens of thousands of children attending non-public schools in New York State are receiving little or no instruction in basic subjects. We are calling for action from the NY State Education Department.

Section 3204 of NY Education law provides that "Instruction given to a minor elsewhere than ata public school shall be at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools of the city or district where the minor resides."

Local School Authorities have been tasked with enforcing this law, but many have ignored their duty. Complaints from parents have not resulted in enforcement action. Some non-public schools refuse to even allow local school officials to enter.

In response to complaints, The New York State Department of Education updated their guidelines for Local School Authorities. However, Justice Christina L. Ryba of the State Supreme Court in Albany County has ruled that the content of the guidelines constitute"regulations", because they mandate school visits and dictate when such visits are to begin, and the procedures for new regulations must be followed.

Because the procedure for new regulations under the State Administrative Procedures Act can be very lengthy, there is a provision for "Emergency Adoption" when necessary for the "preservation of the ... general welfare" and when delaying action would be "contrary to the public interest". The public comment period and other regulatory requirements still proceed, but do not delay the urgent and essential emergency action necessary to protect children and the public interest.

We believe that the continuing extreme and flagrant violation of Section 3204 constitutes just such an emergency. We agree with Thomas Jefferson, who said that the education "of the whole mass of the people" is "the only sure reliance for the preservation of our liberty." Too many children have already been harmed by the failure of government agencies to protect their rights. The buck has been passed for long enough.

We call on the New York State Department of Education to file a Notice of Emergency Adoption with the Division of Administrative Rules, using the updated educational guidelines as the basis for new regulations.

Signed:

NAACP (Spring Valley)

Orangetown Democratic Committee

Power of Ten

Rockland Citizens Action Network

Rockland Coalition to End the New Jim Crow Rockland United

Background

In early March, the New York State Association of Independent Schools filed a lawsuit to stop the state from enforcing its revised guidelines. These guidelines are designed to make sure that nonpublic schools are meeting the legal requirement to provide an education that's "substantially equivalent" to public schools. The guidelines do not differ significantly from previous versions, requiring the teaching of the basics, such as English, math, science, and social studies. A consortium of yeshivas and Catholic schools also filed two similar lawsuits claiming religious freedom from oversight. The judge did not rule on the basis of merit, but rather on procedural grounds.

The revised, minimal guidelines, issued on November 20th, 2018 would've required:

  • Nonpublic schools and religious schools to be inspected minimally: first within 2 to 3 years, then once every 5 years thereafter.
  • Academically rigorous instruction in the required subjects including the five core courses: English, History, Science, Mathematics, and Civics to develop critical thinking skills.
  • The local school board or the Chancellor to determine whether a substantially equivalent education is being provided in religious or nonpublic schools
  • To work with the religious and nonpublic schools to review textbooks and ensure that each student is receiving a sound education while respecting the school's culture.