Following concerted efforts by Betzedek, the list of local
authorities that are paying tuition for students enrolled at
Chinuch Atzmai schools is growing from day to day.
Most local authorities where Chinuch Atzmai schooling is
unavailable refused to pay the tuition for students within
their jurisdiction who chose to attend Chinuch Atzmai
institutions in other locations, letting the full cost fall
on parents' shoulders.
MK Rabbi Moshe Gafni worked to remedy the situation through
legislative channels and in the 5763 school year an amendment
to the Mandatory Education Law took effect, requiring local
authorities to pay for their students' tuition, including
primary school students at Chinuch Atzmai schools and all
"recognized but unofficial" upper schools. The law became
known as "the Gafni Law."
The City of Kiryat Gat stood out for its refusal to pay
tuition for residents electing to attend Chinuch Atzmai
institutions, agreeing to abide by the law only after
Betzedek filed an administrative petition with a court in
Haifa. When the petition gained publicity, several schools
around the country contacted Betzedek to point out other
local authorities in violation of the law.
Betzedek Director Atty. Mordechai Green informed the local
authority heads of the gravity of their failure to pay the
tuition fees, emphasizing the importance of allowing parents
to enroll their children at Chinuch Atzmai institutions and
explaining that on several occasions the High Court has
spoken in favor of fostering private education as well.
If Betzedek is forced to file a petition against a local
authority it intends to demand payment to compensate the
students' parents for the failure to carry out the law and to
demand the head of the local authority pay the trial costs
using his private funds.
The letters Atty. Green sent to local authorities spurred a
flurry of replies. The Cities of Tiveria, Natzrat Illit and
Migdal Ha'emek sent refusal notices. Only after Betzedek
proved to their legal advisors that a decision not to pay
could bring sanctions against them did they demonstrate a
willingness to pay. The Cities of Beit She'an, Afula and
Kiryat Ata said they were examining the legal situation and
apparently they, too, will pay soon. Local authorities and
regional authorities that received the letter sent out by
Atty. Green also agreed to pay the tuition fees. Apparently
only one or two renegade authorities remain and
administrative petitions will be filed against them in the
coming days.
