The Substantial Lack of Equivalency, State Sanctioned Educational Neglect, Some Yeshivas

Posted to Lost Messiah on April 28, 2021

THE CITY Sues the Department of Education to Get Brooklyn Yeshiva Investigation Documents

THE CITY filed a lawsuit Tuesday against the city Department of Education after the agency refused to provide documents related to its investigation of the content and quality of instruction at Jewish religious schools in Brooklyn.

The DOE launched its probe of the yeshivas in mid-2015 in response to complaints from former students and advocates connected to the group Yaffed, who alleged that little to no instruction in subjects such as English and math was being provided at roughly three dozen Orthodox schools.

In August 2018, after advocates accused the city and Mayor Bill de Blasio of slow-walking the probe, then-Schools Chancellor Richard Carranza wrote a letter to the state Education Department revealing that 15 of 28 yeshivas at the heart of the investigation had refused entry to DOE officials.

State guidelines requiring that education at private schools be “substantially equivalent” to instruction at public schools governed the inquiry, even as those standards have been shifting in recent years.

It wasn’t until December 2019 that Carranza confirmed officials had visited 28 yeshivas, which he identified in a follow-up letter to state education officials, and revealed summary findings without specifying the conditions uncovered at each school.

The investigation found that just two of the yeshivas visited by the DOE could prove they provided “substantially equivalent” instruction to their public school counterparts.

Five of the 28 schools were described as providing an “underdeveloped” level of learning, including some showing “no evidence that English is consistently used as a language of instruction,” according to the update provided to SED.

The City

DOE Excuse Flunks ‘Smell Test’Carranza wrote that his agency was sending a letter to each of the 28 schools “communicating the information, observations, and findings specific to each school.” THE CITY requested copies of those letters under the state’s Freedom of Information Law on Jan. 2, 2020.

More than 10 months later, on Nov. 16, 2020, the DOE provided two of the 28 letters — regarding the schools where instruction was deemed substantially equivalent. Officials denied access to the remaining 26 on the basis that sharing them would “interfere with ongoing law enforcement investigations.”

A month later, THE CITY filed an administrative appeal with the DOE. City education officials denied the appeal on Dec. 28, 2020 — again arguing that the investigation was ongoing and that release of the letters would interfere with the probe.

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NYS Steps to Review Private Education

New York state takes next step in reviewing private school education, including at yeshivas

The state has set a series of virtual meetings as it again looks to update century-old education requirements for private schools, an issue raised by activists critical of academic instruction in some ultra-Orthodox yeshivas.

Former state Education Commissioner MaryEllen Elia started a review in 2016 of the state’s enforcement of a long-ignored law requiring that secular instruction in private schools be “substantially equivalent” to what public schools teach. By the time the state proposed new regulations for enforcing the law in 2019, though, the issue had become perhaps the most contentious in New York education.

The Orthodox Jewish community, along with groups representing Catholic and other private schools, assailed the state’s efforts as government overreach. More than 140,000 comments were submitted to the state before the state Board of Regents decided to reopen discussions with private schools about state oversight.

The scheduled virtual meetings are intended to drive that process. Five of the meetings will be regional, with one aimed at the Hudson Valley: Dec. 7 from 10 a.m to 1 p.m.

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Yeshiva Education and Substantial Equivalency – Why not Meet Requirements or Forego Funding?

State education chief unveils retooled ‘substantial equivalency’ rules for private schools

Nancy Cutler, Rockland/Westchester Journal NewsPublished 3:33 p.m. ET May 31, 2019

State Education Commissioner MaryEllen Elia speaks with The Journal News Staff in White Plains March 18, 2019. Carucha L. Meuse, cmeuse@lohud.com

The New York State Education Department announced proposed regulations Friday for academic instruction at nonpublic schools, less than two months after its guidelines with similar goals were blocked by the State Supreme Court.

The issue focuses on enforcing state law requiring that secular studies at private schools — like math science, English and history — be “substantially equivalent” to what’s taught in public schools. Concern has been most focused on certain ultra-Orthodox and Hasidic Jewish yeshivas that advocates have reported fail to meet the law or prepare their students for employment and a solid economic future.

State Education Commissioner MaryEllen Elia initially issued new guidelines in November that were meant to update previously issued regulations for enforcing the law. But the court ruled in April that the Education Department failed to follow its own procedure for such specific changes.

The Education Department is classifying the effort as a change to regulations, not just guidelines. The path to new regulations includes a public comment period — lacking in the original process.

“Nonpublic schools are an important part of the educational landscape in New York State,” Elia said in a statement. “With the regulations, we will ensure that all students — no matter which school they attend — have the benefit of receiving the education state law says they must have. By following the State Administrative Procedure Act process, we are addressing the Court’s concerns.”

Some advocates had been pushing the state to adopt emergency regulations to enforce the “substantial equivalency” law, rather than launching a lengthier process. Naftuli Moster, the founder and executive director of Young Advocates for Fair Education, or YAFFED, said in a statement that the state was playing into the hands of groups that resist oversight of yeshivas.

“Instead of acting quickly to implement emergency regulations, NYSED has chosen a lengthy process which all but guarantees that in the 2019-2020 school year, tens of thousands of children will continue to be denied the education to which they are entitled by law,” the New City resident said.

Yeshiva education activist Naftuli Moster, who has been the topic of a lot of criticism and praise for his work with YAFFED, a nonprofit that’s pushing the state to ensure secular education is provided in yeshivas, discussed his work outside Rockland County Court House June 12, 2018 in New City. (Photo: Tania Savayan/The Journal News)

Also at issue is the state’s plan to allow inspections by the public school district to take place by the end of the 2022-2023 academic year. “That’s like saying ‘when you get around to it, but no rush,’ ” YAFFED responded.

The education equivalency issue mostly impacts New York City and the East Ramapo school district, which has scores of yeshivas in their boundaries.

Rockland Legislator Aron Wieder, D-Spring Valley, has been a strong critic of such oversight. Wieder, who is Hasidic, represents parts of Spring Valley. He has asserted that Elia “has bought into the narrative that is being peddled by people who have left the Orthodox community and only have hatred towards our community.”

The issue has caused much attention in New York politics. In 2018, the state budget was nearly derailed when Sen. Simcha Felder, D-Brooklyn, demanded language be inserted into the budget that would influence the way the state considered curriculum at certain yeshivas.

The proposed regulations more specifically spell out the ability for a private school to challenge the enforcement process in an effort to include “due process.” The guidelines also allow “for integrated curriculum that delivers content by incorporating more than one subject into the content of a course.”

The proposed regulations drop references to state learning standards; rather, the guidance language will focus on instruction in subject areas required by law.

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