Following attempts by the local authority to prevent the
setup of a Torah-based school, Betzedek, a legal advocacy
organization, recently warned the City of Modi'in that the
local authority does not have the power to enforce the
closure of "recognized but unofficial" schools while
prioritizing official schools. Modi'in is the largest urban
unit in the area of Modi'in Illit, but it is politically
separate.
A school called Lemaan Achai has been operating in Modi'in
under Rav Dovid Ravitz for the past two years. During its
first year of operation, the director- general of the
Education Ministry refused to grant a license, claiming that
it was unwarranted in light of the school's low enrollment.
Betzedek requested an extension. Later, when the enrollment
had grown, the refusal was ostensibly based on a negative
recommendation—and even an order to close—from
the health authorities.
Once all of the necessary repairs and improvements were
complete, the school administration submitted a second
license request to the director-general of the Education
Ministry. The request was supported by all of the necessary
safety and hygiene certificates and even recommendations by
Education Ministry inspectors. Apparently the City of Modi'in
is only interested in official (i.e. government and
government-religious) schools, therefore it is opposed to
granting a license to Lemaan Achai.
Recently the City of Modi'in's legal advisor sent a letter
warning the administration to close the school immediately,
based on the previous closure order and on the hygienic
problems cited.
Attorney Rabbi Mordechai Green, director of Betzedek,
contacted the City of Modi'in, the director-general of the
Education Ministry and other involved figures to complain
about the injustice of demanding that the school close based
on a dated closure order that does not reflect present
conditions. Among the various points he makes, Attorney Green
says that the closure order should not be enforced until the
present license request is processed.
Under the present legal situation, he says, the local
education authority can only make recommendations regarding
licensing but the city does not have the power to enforce the
closure of "recognized but unofficial" (the usual designation
of chareidi) schools.
According to the master plan, he writes, Modi'in was planned
for 250,000 residents. The annual rate of anticipated growth
of approximately 8,000 requires special arrangements and a
forward-looking perspective on areas such as quality of life,
education, welfare, employment and security.
The education system in Modi'in is very developed and the
rate of growth in enrollment is unusually high: the city
began nine years ago with 500 students age three and over,
while today that number has risen to 16,268.There are
currently 19 primary schools with 8,600 students. Fourteen of
them are government schools and five are religious government
schools. Since Lemaan Achai accounts for just 1 percent of
the total number of students in the city, its closure would
be inconsistent with the city's commitment "to work to
nurture pluralistic educational frameworks that allow a
varied range of educational approaches." Therefore the local
authority must be guided by outside considerations, claims
Attorney Green.
A short time ago a court determined that the existence of
private schools alongside official schools is a sign of
participatory democracy. The court stressed that enforcing a
regime of uniform studies is liable to be detrimental to the
unique needs of various communities and compromise their
ability to preserve an independent identity or culture.
It was also determined that total rejection of private
schools could harm human dignity and under certain
circumstances even democratic life. Furthermore this
rejection detracts from the rights of the minority to
organize as a community a place where these rights are
recognized. Attorney Green says he fears this is precisely
the reason for the City of Modi'in's persistent
opposition.
Betzedek expressed hope the City of Modi'in would cease
hampering the progress of Lemaan Achai and trying to shut
down the school. The organization is also preparing further
legal steps to remove the threat from students seeking to
study in a chareidi institution and in whose footsteps many
more are certain to follow.
