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Jewish Groups Submit Views to Washington on Federal Aid to Education

July 1, 1965
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United States Commissioner of Education Francis Keppel was asked today by a broadly representative group of Jewish organizations to issue regulations for administering the recently passed federal aid to education law that would assure that benefits do not flow to religiously controlled schools, contrary to constitutional provisions, or to any institution that practices racial discrimination or segregation.

A set of guidelines for such regulations was submitted to Dr. Keppel jointly by the Synagogue Council of America, which represents Conservative, Orthodox, and Reform Judaism and the National Community Relations Adviwory Council, which consists of eight major national Jewish religious and civic organizations and 76 Jewish councils in cities throughout the United States.

Included in the two councils are: American Jewish Congress; B’nai B’rith–Anti-Defamation League; Central Conference of American Rabbis; Jewish Labor Committee; Jewish War Veterans of the United States; National Council of Jewish Women; Rabbinical Assembly of America; Union of American Hebrew Congregation; Union of Orthodox Jewish Congregations of America; United Synagogue of America.

Citing reports of both the Senate and the House of Representatives, the Jewish organizations stressed that it was the intent of Congress in adopting the legislation to “safeguard the separation of church and state.” They quoted identical language from both reports stating: “Nothing in this title (Title III, providing for supplemental educational services and centers) is designed to enable local public education agencies to provide services for programs which will inure to the enrichment of any private institution.”

PROPOSE REGULATION ON ‘SHARED TIME’ IN PUBLIC SCHOOLS

Dual enrollment–sometimes called shared time–and the supplying of mobile equipment may be unlawful in some states, the memorandum of the Jewish organizations stated. Where dual enrollment plans are introduced with grants under the law, it added, the federal government becomes in effect a partner in them. This, the Jewish organizations continued, makes the government responsible for seeing that no segregation of children takes place on the basis of either religion or race.

Accordingly, they proposed a regulation stipulating that “where arrangements are made for the participation of children from private schools, the arrangements shall be administered in such a way as to prevent separation by religious affiliation.” The effect of such a regulation would be to prevent entire classes of parochial school pupils, for example, from being taught certain subjects in separate classes in public schools. It would require, on the contrary, that such pupils be mixed with the regular public school pupils in integrated classes.

Public school administrators have expressed concern that dual enrollment plans might lead to the participation of private school officials in the management of public schools. To avoid this, the Jewish organizations proposed in their memorandum a regulation putting “sole” responsibility for administration, supervision and control of dual enrollment programs in the hands of state and local public education agencies.

They also asked for strict regulations prohibiting religious teaching, proselytization or worship as part of the educational services, or recruitment for such purposes; stipulating that premises devoted to special services be “devoid” of sectarian or religious symbols or decorations; and that there be no sectarian or religious content in the books used in connection with such programs.

STRINGENT REGULATION ASKED FOR LENDING TEXTBOOKS TO PAROCHIAL SCHOOLS

The portion of the law that provides for loans of textbooks and library resources to pupils and teachers, including those in non-public schools, requires especially stringent regulation, the Jewish groups suggested, to avoid conflict with the constitutional prohibition of public aid to religious schools, and with state laws.

Accordingly they proposed that the Commissioner require that textbooks and other materials be made available to individual teachers and pupils and not to schools, that they remain the property of the public authority and bear labels or imprints so stating, that only books and materials approved for public school use be provided, that they be supplemental to material already available and do not supplant such material, and that a central depository from which children and teachers can check out the books be established wherever practicable within a school district or other area.

In addition, the Jewish groups also proposed regulations to assure that the administration of the law will “not in any way inure to the enrichment of any private institution,” that funds will not be used to pay salaries of private school teachers or to finance the buying of equipment for private schools or to pay for buildings or equipment that will be “to the pecuniary advantage of any nonpublic institution.”

They also urged that except where it is impossible only public school premises be used for rendering any of the special services authorized under the law. The doctrines of some religions forbid entering into the churches or religious premises of other faiths, they pointed out, citing Orthodox Judaism as an example.

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