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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Parsha Hashavua
Rabbi Zvi Teichman on Parshas Eikev - The Window of Our Soul

Twice daily we recite within the second paragraph of the Shema the verse where G-d commands us לעבדו — to serve Him, בכל לבבכם — with all your heart.


Rashi explains that this 'service of the heart' is תפילה — prayer.


This verb לעבוד — to 'serve' G-d seems to be uniquely applied to fulfilling the obligation to pray, but not generally used in describing our duty regarding other commands.


There is one other area where we use this verb definitively. The service in the Temple with all its associated activities in bringing offerings are termed עבודה — service.


The word עבודה usually conjures up an image of hard work, as indicated in the noun used to describe an עבד — as a slave or servant.


Perhaps in context of the עבודת הקרבנות — the service of offerings, which involves much physically taxing activity we can understand its implication, but in relation to prayer is it truly so difficult?


Rashi, quoting from Sifrei, goes into great deal to discover a source for this notion that serving G-d with all our heart indeed refers to prayer.


First, he cites a verse from Daniel where it reports how the king told him as he was cast into a den of lions — "May your God, Whom you פלח — serve regularly, save you!"(6 17)


Certainly, he wasn't referring to the service of offerings since in Bavel there was no Temple. He was alluding to the service of 'prayer' Daniel engaged in daily as we find in an earlier verse (11) that depicts 'there were open windows [in his upper chamber opposite Jerusalem, and three times a day he [Daniel] kneeled on his knees and prayed.]


Secondly, Rashi quotes an additional verse indicating the notion that prayer is a service akin to offerings and thus considered עבודה, from Tehilim where King David beseeches G-d, "תכון תפלתי — My prayer shall be established, קטרת לפניך — like incense before You." (תהלים קמא ב)


Although Rashi in the name of the Sifrei proves the point nevertheless the question remains, in what way is prayer associated with עבודה — tedious work?


Additionally, when Rashi quotes the verse in Daniel that states explicitly he prayed, Rashi only quotes the segment that portrays the open windows, leaving out the thrust of the verse that states 'he kneeled on his knees and prayed'?


Lastly, the verse regarding King David equates prayer to 'service' in the Temple, but seemingly only emphasizing his desire it be equated to the service of קטרת — Incense


The prophet Hoshea specifically states how in the absence of a Temple, ונשלמה פרים and let us render [for the absence of] bulls, שפתינו — [the offering of] our lips. (הושע יד ג)


Why then did King David only ask for his prayer to be as the Incense?


The last detail outlined among the various vessels in the Tabernacle was theמזבח הזהב — Golden Altar, where upon the twice — once in the morning and again towards the end of the day — daily offering of קטרת — Incense.


The Midrash says that distinct from all other offerings that were brought to atone for various failings, the Ketores was brought as an expression of joy.


Its goal was to present an exquisite combination of eleven different spices and balm that gave off a most pleasant aroma, an ephemeral intangible element that arouses the sense of smell, associated with our spiritual soul, an expression of G-d's being pleased and happy with us.


The very word קטרת means קשר — knotted, intimating an inextricable bond and connection to His people.    


Prayer in its most elemental meaning is a means by which man communicates with G-d conveying acknowledgment of his dependance on His favor, seeking through prayer to request G-d's benevolence in acquiring one's needs.


One of the great Kabbalists, Rav Yehuda Chayat, who was persecuted during the Inquisition and expelled from Spain, describes in his famous commentary Minchas Yehuda, another aspect of prayer.


The word תפילה — prayer, he suggests, is rooted in the word תפל — which means vapid or tasteless, used to describe an item which on its own is useless, who needs others but is bottom of the totem pole in being needed by anyone else.


One who sees himself solely defined by total allegiance to G-d, submitting himself as a vessel to promote כבוד שמים — honor of Heaven, presenting himself before G-d, represents the highest essence of prayer and absolute connection to Him.


When engaged in prayer of request and wishes one is often focused on the issues one is facing and distracted by that reality that makes it difficult to have focus and total intention.


When one can transcend those thoughts by transporting oneself into a super-reality of total submission to G-d and his dictates, one then can experience freedom from anxiety and despair, relishing a connection reminiscent of the inspired and joyous scent of the Ketores in the Temple. 


It requires a reframing of our perspective of reality and an absolute reliance on G-d.


Perhaps in the noting of Daniel's prayers in his chamber with 'windows that were facing in the direction of Yerushalayim', was meant to reveal to us the secret of Daniel's survival during his employ in the palace of the evil Nevuchadnezzar.


The Rebbe R' Aharon of Belz quoted in the name of his father, the Rebbe R' Yisachar Dov of Belz, who suggests that Yosef's ability to resist the temptations of Potiphar's wife, through — as the Talmud teaches — his seeing 'a image of his father Yaakov' בחלון — in a window, wasn't some mystical intervention, but Yosef implementing this technique of Tefilla. Yosef elevated himself by visualizing in his mind a panoramic view of 'Yerushalayim', submitting himself as a vessel to the will of G-d, unshackling himself from the chains of illusory desires. 


The notion of עבודה that is emphasized is not related to strenuous tasks but rather to a sense of total acquiescence to G-d's will. Like a loyal servant who has no quest for independence, whose total being is devoted to his master's direction and needs.


When the Nazi's invaded Kelm and the entire community was rounded up for their final destination, Rav Doniel Movoshovitz hy'd, was one the great leaders who led them to the killing fields. They marched proudly singing Adon Olam with the Yom Tov niggun. Once they arrived, Rav Doniel requested permission to return to his home for a short while. When he came back, his family asked what he had gone back for, he responded, "We are about to be brought as a korban for Hashem. A sacrifice should have a ריח ניחוח — a satisfying smell, so I went back to brush my teeth for the occasion!"


King David yearned to find that window each time he prayed in search of a portal that possessed the scent of the Ketores that would connect him to G-d.


May we each find that window of our souls that can catapult us beyond the gravity of this world and connect to the Yerushalayim high above, enthusing us with joy even in the face of the most difficult challenges!


באהבה,


צבי יהודה טייכמאן





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