For nearly a decade, the New York State Education Department (NYSED) has been engaged in a struggle with a group of hasidic schools, which it seeks either to shut down or to compel to modify their curricula to teach secular subjects more thoroughly. The last round in this battle occurred in June, when a state appellate court ruled in favor of NYSED’s regulations, while accepting previous rulings that educational requirements apply to parents, not schools themselves. Michael A. Helfand zeroes in on one particular aspect of the ruling:
Buried in it is an odd, somewhat unexplained limitation—that the court’s ruling applies only to schools with exceedingly long school days—that raises questions about the scope of NYSED’s newfound authority.
The underlying assumption of this caveat, which seems to single out hasidic schools, is that parents could supplement their children’s education if they are spending a normal amount of time in school, but there will be no time to do so if the school day is abnormally long. Helfand continues:
This argument is deeply problematic. Government may have the authority, indeed the obligation, to ensure that children receive a basic education that prepares them for economic self-sufficiency and the responsibilities of democratic citizenship. But parents retain a right, consistent with that obligation, to determine how they satisfy that obligation. Put differently, government may have an overriding interest to ensure that children receive an adequate education, but government has no overriding interest—sufficient to constrain parents’ statutory and Fourteenth Amendment right to control their child’s upbringing—to require that parents satisfy those objectives through only one source.
One can easily imagine the plaintiffs raising this apparent tension as grounds for an appeal to New York’s highest court, the Court of Appeals. . . . At bottom, by adopting the fundamental argument that satisfying the “substantial equivalency” standard is a parental obligation, the appellate court’s decision may have simply kicked the can down the road. It may take another round of litigation before we reach the end of this story.
More about: American law, Hasidim, Jewish education