Gov. Rockefeller signed into law yesterday a bill for lending textbooks to pupils of both public and religious schools in the state which faces an early court test of its constitutionality. The measure, like a similar federal aid to education law, has evoked both strong support and opposition from Jewish organizations.
The American Jewish Congress today issued a statement reiterating its opposition to the bill but did not indicate any details on its previously announced determination to seek a court test of the measure which will become effective September 1, 1966. “We are dismayed that a bill so clearly unconstitutional and so dangerous to the religious liberty and church-state separation on which Jewish security in America depends should be passed by the legislature signed by the Governor and welcomed by some Orthodox Jewish day schools,” the statement said.
Officials of Catholic parochial and Jewish all-day schools praised the Governor’s action and said they would use the textbook program. Pupils in grades seven through 12 in nonpublic schools will be able to order any textbook approved for use in the school district in which the non-public school is located. The local school board will be required to buy the books and lend them to the pupils. The state will reimburse local boards up to $10 per pupil at an estimated annual coast of $3,000,000.
Dr. Joseph Kaminetsky, director of Torah Umesorah, National Society for Hebrew Day Schools, said there was a “terrific shortage” of funds for textbooks for Jewish schools in New York City. He said the new law would benefit all school children. He estimated about 35,000 pupils in Jewish schools in New York City would benefit. Rabbi Morris Sherer, executive vice-president of the Agudath Israel of America, said he hoped other states would follow the New York lead.
The State Education Department said it was awaiting a ruling on the measure’s constitutionality from State Attorney General Louis Lefkowitz.
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