The refusal by the U.S. Supreme Court this week to hear an appeal against a lower court’s decision upholding federally funded remedial educational programs for non-public school students, was hailed by the Agudat Israel of America as “on important victory for yeshivas.”
The Supreme Court, in a one-line order without opinion, dismissed the appeal of the National Coalition for Public Education and Religious Liberties (PEARL). According to Rabbi Menachem Lubinsky, director of government and public affairs of the Agudat Israel, the dismissal was a “victory” because it let stand a Federal District Court ruling that the Elementary and Secondary Education Act Title I program “did not have the primary effect of advancing or inhibiting religion.”
Lubinsky criticized groups that have been fighting government aid to yeshivas. Focusing his attention on those groups which filed suits to halt government aid, he said: “Rather than displaying vigilance regarding the continued erosion of Jewish values amongst American Jews, some secularist groups chose to preoccupy themselves with fighting the only hope of Jewish survival — Jewish education. No longer content with combatting direct aid, they are now pursuing even those programs that are designed to serve all disadvantaged children regardless of the school they attend.”
Lubinsky praised the Supreme Court decision, which he characterized as reflective of a growing positive mood in the nation toward non-public education.
CHARGES IN SUIT BY PEARL
Title I sends teachers employed by local public school boards to parochial schools to teach remedial reading and mathematics to educationally and economically deprived students. According to Howard Zuckerman, president of the National Jewish Commission on Law and Public Affairs (COLPA), a panel of three federal judges ruled that New York City’s federally funded Title I program does not violate the First Amendment’s ban on “establishment of religion.”
PEARL had filed suit to enjoin city and federal educational authorities from permitting the assignment of teachers paid with public funds to parochial schools in connection with remedial math, and remedial reading programs. The PEARL suit charged that any assignment of teachers paid with public funds to “perform education services within the religious schools of New York City during regular school hours” is a violation of the establishment clause.
Zuckerman said that although the Supreme Court’s action is not on the merits of the case, the dismissal of the appeal will permit the remedial programs to continue. He said that there are a number of other cases currently pending in various areas around the country challenging the constitutionality of Title I programs in parochial schools. These cases now assume added importance, he said.
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The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
