The least we owe all our kids

Regulations are a fact of life. Each year, we get our cars inspected. Restaurants submit to periodic health inspections. Home sellers must disclose radon test results. We all follow these reasonable, state-mandated laws, and appreciate them, because they ensure the health and safety of ourselves, our loved ones and society at large. The New York State Education Department has proposed a set of regulations designed to enforce a New York State law passed back in 1894. The law states, quite simply, that all of New York’s private schools must offer a “substantially equivalent” education to that of public schools. The Education Department is planning on releasing the final version later this month. In December of 2020, the Education Department sponsored a series of stakeholder forums to invite public comment. During these meetings, we witnessed many private school administrators, board members, and parents voice virulent opposition to the proposed regulations. Over and over again, we heard the same complaint, that the state should play no role whatsoever in determining the “substantial equivalency” of private schools. How could New York’s private schools possibly quibble with guaranteeing an education “substantially equivalent” to that of public schools? What would they have to fear? After all, many of New York’s private schools, if not most, offer rigorous college-prep classes, arts, dance, and music programs, and after-school enrichment. Many students receive acceptances to the country’s most elite four-year colleges and universities. And yet, back in the summer of 2019, when the Education Department first released the proposed regulations to the public, scores of New York’s private schools took it upon themselves to send letters of grave (and false) warnings to their parent bodies. If implemented, they wrote, the regulations would cripple their independence, render them unable to hire teachers of their choosing, and impose an onerous new cost structure. Most ominously, the letters incorrectly stated that private school student reports, school budgets and personnel records would potentially become subject to public disclosure. What do the NYSED regulations actually say? None of that. Specifically, the regulations state that all of New York’s students must be taught reading, writing, math, social studies, and science by a competent teacher, in English, for at least three-and-a-half hours per school day. That’s it. The compliance mechanism? One pre-announced visit from and review by the local district superintendent once every three to five years. Sadly, these letters constituted a set of talking points crafted by the leadership of the New York State Association for Independent Schools, the accreditation agency for many of New York’s private schools. In a misguided bid to protect their power and to block any potential oversight by the state, NYSAIS stoked fear among private school administrators, faculty and parents with tales of a Deep State takeover of their schools. But here’s the saddest part. By encouraging their member schools to disseminate misinformation regarding the regulations, NYSAIS abetted a tragic injustice: namely the near-complete lack of basic education in many ultra-Orthodox yeshivas in Brooklyn and in Rockland and Orange counties. Just how far below “substantially equivalent” are many of the yeshivas? A four-year investigation concluded in 2019 found that in many of these schools, basic reading, writing and mathematics curriculum are often taught by an unqualified teacher for less than 90 minutes per day, four days a week. Science? Social Studies? The arts? These subjects were, if ever, rarely taught at all. Students in these schools were taught, almost exclusively, religious studies. As a result of this educational neglect, many 18-year old ultra-Orthodox yeshiva graduates report not knowing their multiplication tables, not knowing what the Civil War was, and not understanding enough English to fill out a job application. According to a report published by Yaffed, the education nonprofit, some 60,000 children attending New York’s ultra-Orthodox yeshivas suffer from educational neglect. This number exceeds the size of the entire Washington, D.C. public school system. How can this be? Tragically, an unholy alliance between the ultra-Orthodox yeshiva leaders and NYSAIS has formed to deprive thousands of children of a basic education. The ultra-Orthodox yeshiva leaders fight to run their schools in defiance of New York State law. NYSAIS fights to protect its power to accredit private schools free from state oversight. As the NYSED seeks to finalize the regulations designed to ensure “substantial equivalency,” we hope the letter and the intent of the regulations become known to the heads of New York’s private schools, their boards and their parent bodies. Ditch the fear-mongering and rally to support reasonable educational regulations that would help ensure educational opportunity for all of New York’s school children.