Betzedek has filed a preliminary administrative petition
against the City of Kiryat Yam, demanding that it enforce the
"Gafni Law" which requires local authorities to pay for the
transportation of students who choose to enroll at Chinuch
Atzmai schools outside of their place of residence.
In towns without a Chinuch Atzmai school, the law stipulates
that the local authority must pay for students opting to
commute to Chinuch Atzmai schools in other locations.
One of the first laws legislated in the State of Israel was
the Mandatory Education Law, which provided for free
education for all citizens, with the exception of certain
fees. In 5727 (1967) the then Education Minister issued an
order for free education at nonofficial institutions as
well.
According to the law if there is no school of a certain type,
the local authority must send the student to a suitable
school in a nearby city and pay for these studies. But in
5756 (1996) the Center for Local Government issued a notice
to authority heads determining that this arrangement would
not apply to recognized-but-unofficial institutions.
Shortly before the 5759 (1999-2000) school year another
notice was distributed which did not distinguish between
official and unofficial institutions, but many authorities
continued to discriminate against unofficial institutions. At
the beginning of the 5762 (2002-03) school year the Director
General of the Education Ministry distributed a similar
notice, but a substantial number of local authorities still
refused to pay for students studying at unofficial
institutions in other locations and the costs fell entirely
on the parents.
Chareidi MKs decided to rectify the situation through
official legislation and before the 5764 (2004-05) school
year opened an amendment to the Mandatory Education Law went
into effect, requiring local authorities to pay for primary
school students enrolled at Chinuch Atzmai schools and for
upper school students at all recognized-but-unofficial
institutions. This amendment was nicknamed the Gafni Law
since MK Rabbi Moshe Gafni was the major figure behind the
amendment.
The law led to changes at the majority of local authorities,
forcing them to cover the tuition and transportation for
children compelled to commute but a number of local
authorities claimed that the law does not yet obligate them
to pay since the Education Minister had not yet issued
regulations for their implementation. Following pressure by
chareidi lobbyists, the regulations were issued a short time
ago and it appeared the parents of Chinuch Atzmai students
across the country could finally breathe a sigh of relief.
Yet certain local authority heads still seem to think they
are above the law.
The most notable among them is the City of Kiryat Yam, which
still refuses to pay for local residents enrolled at Bais
Yaakov schools in Haifa. Bowing under the financial burden,
the parents, together with MK Rabbi Gafni, sought the help of
Betzedek Director Attorney Mordechai Green. The legal
organization, which was founded by Agudas Yisroel of America,
contacted city officials in writing several times. But after
they failed to respond to the warnings, Betzedek filed an
administrative petition in the Haifa District Court against
the city and its mayor, Attorney Shmuel Sisso.
The petition claims that the City of Kiryat Yam must adhere
to the regulations or else the court must enforce the law by
demanding payment. Betzedek is also demanding that the Mayor
pay the court costs out of his personal funds.
Betzedek laid out before the court the rationale behind the
legislation, which completely parallels the stance taken by
other courts in support of private education. The
organization also claims that parents have the right to
choose the educational framework that fits their belief
system and way of life and that imposing financial sanctions
against them deprives them of this right. The petition also
states that the free choice of an educational framework is a
direct outcome of freedom of religion in the country, a
fundamental right recognized by the High Court since the
early years of the State.
Betzedek hopes that the administrative petition will be
accepted quickly to ensure that the Gafni Law applies around
the country as soon as possible, but adds that Betzedek will
continue to stand guard against infringements against this
law.
The presiding judge gave the City of Kiryat Yam and its mayor
one month to respond to Betzedek's contentions.
