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School Vouchers
and the Jewish Community:
A JCPA Reexamination
May, 1998 Iyar, 5758 We are pleased to present the culmination of the Jewish Council for Public Affairs inaugural year-long policy study, which reexamined the agency's long-standing position with respect to government-funded vouchers for private schools. Intensified debate regarding the legality and merit of voucher programs, both in Congress and in state legislatures, confirms the timeliness of the JCPA`s decision to tackle this issue. The study was directed by a committee of 24 dedicated lay and professional leaders, representing JCPA's national and local member agencies. It also involved the participation of a wide range of local communities, from coast to coast and many points in between, that conducted their own grass-roots examinations of this complex issue. We greatly appreciate the time and effort expended by the many volunteers and professionals who made this study possible. The 1997-98 voucher study is the outgrowth of a decision by JCPA leadership to institute an annual process of selecting one policy issue at the forefront of the Jewish agenda for reexamination and analysis. This decision was motivated not only by a desire to ensure that JCPA policy positions remain fresh, relevant, and reflective of shifting attitudes and trends within the American Jewish community, but also to ensure that those positions are grounded in the most open and inclusive decision-making process possible. The participation of so many disparate members of the Jewish community in the voucher study, from across political, religious, and geographic spectrums, is testament to JCPA's success in achieving this important goal. As exemplified by the voucher study, the JCPA remains committed to approaching head-on the most difficult questions facing American Jewry - questions on which there may be significant, legitimate, and sometimes painful differences of opinion within our own community. We believe that asking the tough questions, and attempting to answer them in the most open-minded, respectful and tolerant manner possible, will strengthen rather than weaken Clal Yisrael, and will best serve the interests of the American Jewish community and American society as a whole. Through the agency's annual review process, we welcome the opportunity to address such challenges in partnership with our national and local member agencies.
May, 1998 Iyar, 5758 The Jewish Council for Public Affairs JCPA 1997-1998 Voucher Study reflects the work of many interested, involved and dedicated people. The twenty-four Committee members were called upon to spend time working independently outside of meetings, as well as to review and consider together the reports of other members. National member organizations of JCPA participated actively. Local community relations councils across the country conducted studies, held consultations and meetings, and reported their positions to our Committee. Karen Senter, Guila Franklin, and Executive Vice Chairman Dr. Lawrence Rubin, of the JCPA professional staff, encouraged, coordinated and propelled the efforts of all. Because JCPA consistently has emphasized its strong commitment to separation of church and state and its unwavering support of public education, there were some who thought the conclusions of this study were predetermined. Nothing could be further from the truth. The Committee approached its task with total objectivity. Along the way our eyes were opened to many layers of educational, constitutional, social and political issues that are involved with school choice, and with vouchers as one potential aspect of that choice. We learned, for instance, of the special needs of schools in poor areas, rural and particularly inner-city, and the way in which those needs have been highlighted by advocates for vouchers. We also considered the debate surrounding the statistical evidence, or lack thereof, to demonstrate the value of vouchers in addressing those needs. We heard of the political goal of some pro-voucher advocates to develop a strategy to reduce the government’s role in American life, by reducing funding for public education. We paid special heed to issues of direct concern to the American Jewish community, particularly those relating to Jewish continuity and the need for improved funding of Jewish education. We listened sympathetically to proponents of stronger day-school education in their arguments for government assistance. In the end, the Committee recommended, and the JCPA adopted, a policy statement that reaffirms strong opposition to public financing of non-public schools, because we believe such funding will undermine the quality of public education and because we are committed to separation of church and state, which has protected religious freedom in America. However, it must be emphasized that we came to this position because we believe it is the correct position, not because it was the existing policy. Finally, and of significant importance, the Committee recommended, and the JCPA recognized, the need to address in some positive way those issues that have propelled the voucher issue to the forefront of the national and Jewish agenda. While the successes of public education are many, they are tempered by failures in inner-city schools where the education needs of poor children are not being met. In the Jewish community, there remains an urgent need to strengthen Jewish education through improved funding. The efforts of the Committee on Vouchers, including its final report, reflect JCPA's ongoing commitment to be actively involved with these issues. As the Co-Chairs of the JCPA Ad Hoc Committee on Vouchers, it has been our pleasure and privilege to work with the wonderful people who have contributed to this yearlong effort, both those who agree with the results and those who do not. Each has had a significant and valued influence on what we believe to be a product that reflects the thoughtful efforts of all who contributed to it.
About the JCPA Voucher Study Responding to increased interest within the Jewish community regarding publicly-funded vouchers for private sectarian schools, the JCPA launched a year long reexamination of its voucher policy at its 1997 plenum, with presentations by Nathan Lewin, vice president of the National Jewish Commission on Law and Public Affairs, and Robert Rifkind, president of the American Jewish Committee, and extensive floor debate among Plenum delegates. The JCPA voucher study included two major components: an in-depth exploration of the many facets of the voucher debate by the JCPA Ad Hoc Committee on Vouchers, co-chaired by M. Melvin Shralow and Naomi Cohen; and a separate review of the issue by local Jewish communities across the United States. The Ad Hoc Committee on Vouchers was comprised of twenty-four Jewish lay leaders and community relations professionals representing local community relations councils and national member agencies. The Committee studied several key issues deemed to be essential to the voucher issue, including the effect of vouchers on academic achievement, particularly among inner city students; the relationship of vouchers to educational standards and regulations imposed by state governments; the relationship of vouchers to Jewish continuity, and particularly to the growth of the Jewish day school movement; the potential impact of this issue on community relations, especially with regard to long time coalition partners who support the establishment of voucher programs; charter schools and other alternatives to traditional public education; and constitutional issues impacting the voucher debate. A select group of committee members was asked to research and report on these seminal issues. Copies of their reports were distributed to all Committee members and to the field, along with an extensive package of additional resource material reflecting a variety of viewpoints on the question of vouchers. Local community relations councils were invited to conduct their own local voucher studies, in order to gauge community attitudes at the grassroots level. The JCPA received feedback from communities across the country, large, medium and small, that had examined the voucher issue locally within the last two years, either independently or in conjunction with the JCPA process. These community reviews included a wide range of activities, from sponsoring public educational forums to consulting with local Jewish day school and public school officials, African-American leaders, and education experts. Of the communities that reported findings to the JCPA, not one adopted a position in support of government-funded vouchers for private religiously-affiliated schools. The overwhelming majority of communities either affirmed existing policies opposing such vouchers or adopted new positions to that effect. Committee sentiment was vastly in accord. Based on its deliberations and the reports received from community relations councils across the country, the Committee submitted the following statement for consideration by the 1998 plenum. At its meeting in February 1998, the plenum voted overwhelmingly to adopt the Committee's report.
JCPA VOUCHER POLICY STATEMENT Summary In February 1997, the Jewish Council for Public Affairs (JCPA) embarked on a year-long reexamination of its policy regarding government-subsidized vouchers for non-public education. The study included two major components: an exploration of the many facets of the voucher debate by a national ad hoc committee; and individual review of the issue by local Jewish communities across the United States. The national committee and those communities who participated in the study process overwhelmingly concluded that:
and
Introduction The ongoing debate over vouchers has particular resonance for American Jewry, as it implicates three distinct values of importance to the community: (1) support for the nation's public school system, which educated millions of Jewish immigrants and their children in this century, and where most Jewish students still receive their education today; (2) preservation of church/state separation, which has helped to foster a tolerant, welcoming society blessed with freedom of religious expression; and (3) the need to provide greater financial support for Jewish education, and particularly Jewish day schools, in the hopes of stemming the assimilation, apathy, and unfamiliarity with religious tradition that is increasingly prevalent among American Jews. The first two principles have traditionally led a majority of American Jews to oppose the implementation of voucher programs that would provide tuition assistance for private religious school students. However, escalating concern about assimilation has led some American Jews to rethink long-held views with respect to parochial schools, on the theory that the availability of vouchers to under-write Jewish day school tuition would result in more Jewish children receiving a comprehensive Jewish education, thereby enhancing Jewish continuity. American Jews must now confront the challenge of balancing these diverse interests to benefit their own community and all of American society.
Public Education The American Jewish community has traditionally placed a high value on public education. Public education serves a vital role in American society, teaching common civic values and fostering tolerance, respect and appreciation for the nation's collective diversity. In addition, public education is open to all children, regardless of their race, religion, disability, ability to pay, or other family or personal circumstance. Contrary to much of the rhetoric surrounding the voucher debate, a substantial proportion of the nation's public school system continues to provide American children with a sound education. Studies reveal that the most troubled schools are located in impoverished areas, which have been neglected or even abandoned by public officials for decades. However, even in the most blighted areas of the country, dedicated and creative educators have experienced success in implementing innovative educational programs that significantly enhance student achievement. Notwithstanding those successes, there can be no question that poor, minority children have been disproportionately disadvantaged by the nation's neglect of its public education system. Many, if not most, black and Latino students living in inner-city neighborhoods attend inferior public schools that lack adequate facilities, security, instruction, and books and other equipment. The organized Jewish community shares the desire of inner-city leaders, many of whom are long-time coalition partners, to respond in an immediate and bold fashion to the educational failures that disproportionately impact urban children. However, the JCPA believes that vouchers are not the panacea for dramatically improving the education of poor children or for overcoming the daunting challenges faced by urban schools. Rather, the JCPA is concerned that voucher programs are likely to:
and,
The JCPA strongly supports the development and continuation of quality programs designed to improve public education. Many education experts believe that measures such as providing high-quality teacher training, raising academic standards, lowering class size, encouraging increased parental involvement, and permitting choice within the public school system can have a significant impact on student achievement in lower-performing school districts. These efforts are notable not only for their variety, but also because they represent a strong commitment to improving our public schools, rather than a capitulation to the perceived sense of irreversible failure that often permeates discussions about public education. At this critical juncture, the JCPA believes that it is imperative for the organized Jewish community to reaffirm its commitment to the nation's public schools, where most of its children have been and continue to be educated.
First Amendment The JCPA and the majority of American Jews remain firmly committed to the belief that the wall of separation between church and state is an essential bulwark for religious freedom in the United States. Over the last 200 years, the First Amendment has enabled religious life in the United States to flourish and pluralism to thrive. It has protected this nation from the bitter religious strife that to this day devastates so many areas around the world. It has granted American Jews a level of security and freedom that is unique in the 2,000-year history of the Diaspora. The JCPA reiterates its long-standing belief that publicly funded vouchers used for sectarian school tuition costs seriously undermine this fundamental principle, as expressed both in the First Amendment to the U.S. Constitution and parallel provisions in state constitutions. It is the JCPA's view that whether vouchers are paid directly to sectarian schools or are disbursed to parents, the underlying effect is the same: American taxpayers are compelled to support financially, and therefore promote, religious beliefs they may not share, thereby infringing upon their religious freedom. Moreover, the government regulation that invariably accompanies the receipt of public education dollars, in the form of operational policies and procedures, curriculum guidelines, and the like, could itself lead to government interference with religious instruction and practice, further limiting religious freedom and raising questions about improper church/state entanglement. Voucher proponents assert that such financial support is constitutionally permissible if it is provided in a neutral fashion, and is equally available to all religious denominations as well as those attending non-sectarian private schools. The JCPA emphasizes once again its view that the purpose of the Establishment Clause is not to ensure that the government adopts a neutral or impartial position with respect to religion, but that it neither promote or endorse religion nor entangle itself in religious affairs at all. Therefore, no matter how neutrally designed a particular voucher program may be, if it includes private sectarian schools, the JCPA believes that it violates the Establishment Clause, because it utilizes public funds to promote religious and religiously-based education. The mission statements of private sectarian schools bear witness to the fact that for many, if not most, of them, religious education and inculcation is a primary, if not the primary institutional goal, one which is reflected in every aspect of school activity. The JCPA believes that the use of public funds to cover tuition costs at such schools is therefore irreconcilable with basic First Amendment principles that dictate the relationship between church and state in America.
Jewish Continuity A study conducted by the American Jewish Committee and the Susan and David Wilstein Institute of Jewish Policy Studies confirmed that the best strategy for stemming assimilation among American Jews is to encourage Jewish educational experiences of longer duration during the adolescent years. Such experiences include after-school educational programs, camps, youth groups, and Israel programs. The most intensive form of Jewish education is the Jewish day school experience. Recently the organized Jewish community has begun a long overdue effort to correct chronic under-funding of Jewish day schools. Many supporters of Jewish education believe that vouchers would be another valuable tool in strengthening Jewish day schools. However, the JCPA study has raised serious questions about the of potential value of vouchers to the growing Jewish day school movement: Would Jewish schools that accept government vouchers be subject to greater government regulation and interference in matters ranging from space allocation to curriculum, thereby infringing upon the schools' religious and academic autonomy? How many Jewish parents would use vouchers to send their children to Jewish schools rather than non-sectarian private preparatory schools? Finally and most importantly, as a matter of principle, the JCPA believes that the responsibility for solving the crisis in Jewish education lies first and foremost within the Jewish community, and not with federal, state or local governments. The Jewish community must ensure that all of its children, regardless of family income or denominational affiliation, have the opportunity to receive a quality Jewish education, whether it be at a day school, summer camps, after-school programs, or Israel experiences. The JCPA applauds initiatives by Jewish philanthropists, educators, and religious leaders to increase awareness about the need to dramatically increase the Jewish community's support for its day schools and other educational programs and to commit financial resources to achieve this goal. The failure to assist American Jewish youth in developing strong, positive Jewish identities is a communal one, and the solutions to this crisis of spirit must come from within, by devoting the same energy and sense of purpose to this issue that American Jews have brought to so many other worthy endeavors.
Conclusions For the reasons stated above, the JCPA therefore resolves:
DISSENT BY THE UNION OF ORTHODOX JEWISH CONGREGATIONS OF AMERICA The Union of Orthodox Jewish Congregations of America (UOJCA) dissents from the JCPA voucher study. We believe that the Jewish community has traditionally been committed to principles that should lead it to support school choice initiatives. Those principles include: (1) a commitment to social justice reflected in a desire to minimize the role of personal wealth in one's ability to secure the basic needs and services that secure a dignified and productive life; (2) a commitment to fight discrimination based upon religion; and, (3) a desire to stem the tide of assimilation and promote Jewish continuity through providing a Jewish education for all Jewish children, The success of any educational system is measured by whether it enables its students to succeed in life. Currently, too many children, particularly minority children of our nation's inner cities, are trapped in dysfunctional schools that are failing to educate them. The UOJCA believes that we must realize that it is the entire educational system, constituted of components that are public, private and parochial, that serve the critical societal mission of teaching our children. Moreover, the UOJCA does not believe that the Constitution's Establishment Clause requires that religious individuals be discriminated against, a bedrock principle long-recognized by the Supreme Court. Should the government wish to provide greater financial support for education by assisting parents on the basis of religion-neutral criteria, that support must be provided equally to religious and non-religious families who fulfill those criteria. Finally, we believe that the crisis of continuity demands that we seek support for Jewish education from all legitimate quarters and that government support would play an important role in achieving our educational goal of ensuring that every Jewish child be able to receive a Jewish education.
1997-98 Voucher Policy Review Selected Bibliography American Federation of Teachers, Fact Sheet on Vouchers: Argument and Evidence (1995-1996). David A. Bositis, 1997 National Opinion Poll: Children's Issues; Joint Center for Political and Economic Studies (June 1997). Jeremy Dauber and Marvin Schick, The Financing of Jewish Day Schools; The Avi Chai Foundation (September 1997). Jiangtao Du, J. Green, and P. Peterson, Effectiveness of School Choice: The Milwaukee Experiment; Harvard University (March 1997). Walter C. Farrell Jr., Alex Molnar, and Marty Sapp, Research, Politics, and the School Choice Agenda; Phi Delta Kappa (November 1996). Murray Friedman, Untitled Essay; American Jews and the Separationist Faith: The New Debate on Religion in Public Life (edited by David G. Dalin; published by the Ethics and Public Policy Center, Washington, DC) (1993). William Galston and Diane Ravitch, Scholarships for Inner-City Kids; The Washington Post (December 16, 1997). Jay P. Greene and Paul Peterson, Give Vouchers Time; The Washington Post (May 1, 1998). JCPA (NJCRAC), A chronology of voucher policy from the annual Joint Program Plan (1974-1994). Jewish Community Council of Metropolitan Detroit, Jewish Community Council Voucher Policy Review (April 1, 1997). |
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