You may have heard that the New York State Education Department recently published proposed Regulations about “substantial equivalency of instruction” required for students attending nonpublic schools.

This can have severe ramifications for yeshivos and day schools across the board in NYS, so we wanted to provide some answers to common questions we are receiving about this serious development.

Q: How might the proposed regulations affect my child’s yeshiva?

A: The Regulations, on their face, may require schools to make major adjustments to their limudei kodesh and secular programming. 

For example, the proposed regulations specify 1) the number of required hours – as many as 4-5 hours per day, depending on grade level; 2) more than 12 required subjects, including, at the lower elementary level, consumer and family science, visual arts, theater, media arts, career development, occupational studies, etc.; 3) assessment of teachers to an undefined standard.

Results, grades, competencies, graduation rates, or other factors regarding equivalency to public schools are not taken into account for these purposes. 

To view the proposed Regulation click here.

Q: Didn’t the court already strike down the SED Guidelines 3 months ago?

A: Yes, those Guidelines were thrown out by the NY State Supreme Court in response to lawsuits brought by Agudath Israel, PEARLS, Torah Umesorah, and other groups. However, the court struck down the Guidelines because the State Education Department failed to comply with the technical requirements for new rulemaking. By publishing its “proposed Regulations” in the NYS Register, SED has now started an “official” process in compliance with those requirements.

Q: How do the new proposed Regulations differ from the previous Guidelines??

A: The new Regulations are substantially identical to the previous Guidelines.

Q: What happens now?

A: There is a sixty day public comment period (until September 2) when individuals can voice their concerns regarding these proposed regulations. At the conclusion of the process, the Regulations come before the Board of Regents for a vote, expected this fall.

Q: I heard that State Education Commissioner Elia resigned earlier this week. Does that mean this is over?

A: No. The impact of Commissioner's Elia's resignation on this issue is still to be determined, but the proposed Regulations have already been published and the comment period is in place.

Q: What is being done to fight for parents who choose, and sacrifice dearly, for their children to attend yeshivos?

A: The Agudah has been working with organizations in the community - PEARLS and Torah Umesorah, among others - to oppose the newest incarnation of the state's attempt to control yeshivos. It should be noted that the Catholic and NYSAIS independent schools (which, together with Jewish schools, form the majority of nonpublic schools in NYS) also strongly oppose these regulations.

Q: Is there anything I can do?

A: Yes! SED is required, by law, to read comments submitted. While many have previously signed petitions, which is important, these comments are required to be read by law. We have set up a system, where, with just a few clicks, you can voice your opinion on this critical matter.

Q: I live in Chicago, but the overreach of these regulations concerns me. May I register my comment?

A: The regulations do not restrict comments to NYS residents. 

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As we bask in the afterglow of our Sedarim, where we retold the story of Yitzias Mitzrayim and we prepare for the last days of Pesach, where we mark Kriyas Yam Suf, it is easy to lose sight of the tumultuous days which occurred between these two amazing events.  B’nei Yisroel leave Mitzrayim behind in the distance, only to realize that the Mitzrim have had a change of heart again and were in hot pursuit.  Of course, we would assume that having just witnessed the Maccos and the Multiple Nissim that Hashem had done for them, that Bnei Yosroel would not be afraid – surely Hashem would protect them and punish the Mitzrim again.  Yet, they were afraid, they were “very” afraid.  The Torah tells us that they saw Mitzrayim chasing after them and they were very afraid and they cried out. (B’shalach 14:10) By the next Pasuk they had turned on Moshe Rabeinu and asked “were there not enough graves in Mitzrayim”?   Where was the Emunah of the Am which had just seen such Nissim performed on their behalf?


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 Really?  The Bris Bein Habsorim, the later promises to Yitzchak and Yaakov, Hashem’s instructions to Moshe, Eser Maccos, Karban Pesach, Bris Mila all to be for naught due to the Achdus of the Mitzrim?  Truly we need to more deeply explore this concept for us to make some semblance of sense out of this idea.  The Gemara (Yuma, 9b) says that the Bayis Rishon was destroyed because Bnei Yisroel participated in Avoda Zara, Giluy Arayos and Shfichas Damim.  (The Big Three) But in the time of the Bayis Sheini, Klal Yisroel was Oskin Batorah, Mitzvos and G’milas Chasadim but they also were involved in Sinas Chinam.  From this the Gemara learns that Sinas Chinam is equal to Avoda Zarah, Giluy Arayos and Shfichas Damim. 


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 In my lifetime, there has only been one occasion where we truly saw such Achdus from Klal Yisroel – and we were indeed Zoche to Nisim G’luyim.  That was during the first Gulf War in 1992.  Many of us remember the threats of chemical attacks via SCUD missiles from Sadaam Hussein, friends and loved ones securing themselves throughout Eretz Yisroel in sealed rooms waiting for the “all clear”.  As the SCUD’s rained down, massive community wide Tehilim gatherings were held.  As I entered Shul in Baltimore, I observed a collage of Judaism – Black Hats, Kipot Serugot, Bekeshas and Gartles and even bare headed men praying intently for Hashem’s protection.  OurAchdus did not go unnoticed.  Missiles landed and did not detonate, chemicals failed to disperse, a warhead crashed through an apartment building yet no one was killed, Nissim G’luyim. 


 My mother tells me that she remembers one other instance of similar Achdus and that was during the Six Day War in 1967.  There too, Jews of different backgrounds stood shoulder to shoulder praying for the survival of the fledgling Jewish State.  Our Achdus did not go unnoticed then either, as the outgunned and outnumbered Israeli Defense Force repelled the attacks by Syria, Jordan and Egypt and recaptured the Kosel Hamaravi from Arab hands.  To this day it is hard not to be moved by the photographs of Rabbonim, soldiers and totally secular Jews crying together as they touched the Western Wall.


 We have many means of appealing to Hashem at our disposal.  Gemilas Chasadim, Torah study and Tefilah.  Yet, our history, our Gemara and Rashi himself tells us of the ultimate power in our hands- Achdus.  Let us remember where our ancestors were at this time thousands of years ago and rededicate ourselves to appreciating every Jew for who he or she is – a Tzelem Elokim and a member of the Am Ha Nivchar.  Perhaps if we can stop looking and emphasizing peoples “uniforms” and “associations” we can bring our ultimate Geula this Pesach and enjoy the next Regel in Eretz Yisroel.

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