The Chinuch Crisis: When Galus Forces You to Live Geulah

On the Yom Hilulah of the Tzemach Tzedek, the 13th day of the month of Redemption, the Jewish community of New York State, one of the largest in the world, received great news.

By Levi Liberow

The NYS Supreme Court struck down the attempts of The State’s Education Department to meddle in the education of Jewish children –  – as well as of other people of faith –  – through draconian “guidelines” requiring yeshivas to teach more secular studies than public schools!

State Supreme Court Justice Christina L. Ryba ruled in favor of the non-public schools, declaring that the State Education Commissioner did not have the authority to unilaterally issue the new guidelines regarding the substantial equivalency of non-public schools. Justice Ryba declared the guidelines “null and void.”

After the decision was issued, the State Education Department had to remove the new guidelines from its website. In its place is a message that states: “Please be advised that as a result of the decision of the Supreme Court … no action should be taken under the Updated Guidance and associated materials.”

This saga, which began around Chanukah time, when we commemorate our victory against those who attempted to make us forget Hashem’s Torah seems to have reached a good ending in Chodesh Hageulah, with Hashem’s help.

The court didn’t even address the actual constitutionality of the Dept. of Education’s guidelines. It struck them down on the grounds that they are an “entirely new inspection regime” and not an “interpretive statement of existing laws.”

If the Education Department wants to reinstate these rules, it would have to go through the tedious process of lawmaking. Askanim from Agudas Yisrael and PEARLS hope that an amicable agreement will be reached, allowing the yeshivos to continue teaching our children in the way of the Torah with no outside interference.

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When the crisis began, I felt no fear that these rules will ever make it to the enforcement stage, for two reasons:

1. Firstly, I’m convinced that even if the case would ultimately make it to the Supreme Court, the guidelines would be struck down as unconstitutional. I’m not an askan or a lawyer, but I still feel that such guidelines in our country, a malchus shel chesed founded on Emunah in Hashem, would have a hard time passing the first amendment test, regardless of who sits on the court. There is a reason anti-religious forces in this country prefer to work through regulatory agencies and not take the lawmaking path.

However, it is the second reason, the true reason why I wasn’t overly concerned about the crisis that made me feel quite sure of the outcome:

2. The entire Jewish community, from the most “radical” factions to the most modern, in a beautiful show of Achdus declared as one that we are not prepared to give in to these draconian regulations and interference into the education of our most precious asset – our children.

It is a historically proven fact that destruction of the Jewish soul and spirit can only be brought upon a Jew if he invites it. Hitler’s holocaust took six million Jews but we’re here and he’s gone. The spiritual holocaust of “reform” and assimilation that was initiated by Jews is unfortunately still here.

If we don’t agree to it, no one can force us.

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A third reason I was convinced these regulations would fizzle is what the Rebbe spoke about many times, especially recently. We live in Zman Hageulah, and the support for matters of Yiddishkeit that depend on the world around us will only grow and go forward.

The only question is what will be with the only part of the world we still do have control of in matters of Yiddishkeit – ourselves.

There is a beautiful story about a Jew who chose to be the worst of the worst, a moser, an informer. His fellow Jews went to a Tzadik to ask that he be cursed and die. The Tzadik refused.

He vividly described to them a pasuk from the Shabbos Rosh Chodesh Haftarah, in which it says that the nations of the world will bring the Jews as a gift to Moshiach. “Which Jews will remain in galus for the goyim to bring to Moshiach? Everyone will run to Eretz Yisrael at the first opportunity?” The Tzadik wondered. And then answered:

“Everyone besides this Jew, the moser. When the goyim will want to present a gift to Moshiach, they’ll find this Yid and force him to come with them all decorated to Moshiach’s palace. And you want me to curse Moshiach’s gift?”

The world is ready for Moshiach. It’s more ready than us. And when it sees that were not realizing what’s going on, it forces us to open our eyes.

This saga was a striking example of this.

Ironically, meaz yatza masok. This attempt of the State’s Department of Education has left us in a better position both legally and internally. Legally, all yeshivas can now freely control their curriculum with no outside interference, and internally, our morale leaves us now more confident to “live with Moshiach” and to be proud of our Yiddishkeit.

The commissioner refused to redact the regulations; she refused to meet with the rabbis and askanim; she refused shtadlanus (lobbying) efforts on our part and forced us to play hardball and take the matter to court.

And we won.

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I’m not sure how to say this, but I would love to see this continue to the US Supreme court. We will win there too. ■