4gmarompopor
Jewish Organizations Differ on School Aid
By BEN GALLOB
(Copyright 1974, JTA, Inc.)
Two Jewish organizations
which use law as a basic tool
in their programs to protect
the rights of Jews have taken
diametrically opposed posi-
the U.S. Su-
tions on
preme Court has, in two re-
cent rulings, approved as pos-
sibly constitutional govern-
ment funding of remedial aid
to pupils in non-public
schools.
The National Jewish Com-
mission on Law and Public
Affairs has contended that
such aid to pupils on non-
public school premises may
be constitutional and that the
Supreme Court had approved
the concept of public assist-
ance to such pupils, in situa-
tions other than public aid
for textbooks and bus trans-
portation. But the American
Jewish Congress said that,
in those rulings, the Supreme
Court had demonstrated it
had no intention of weaken.
ing "its steadfast determina-
tion not to allow any further
erosion of the principles of
state-church separation as it
affects such aid." Nonpublic
schools in the United States
include an estimated 100,000
pupils attending Jewish day
schools.
The two cases were Wheel-
er v. Berrera, a Missouri
case, and Marburger v. Pub-
lic Schools, a New Jersey
case. Both were handed down
in June. The Wheeler case
involved Title I of the Ele-
mentary and Secondary Edu-
cation Act of 1965. The Mar-
burger case involved a New
Jersey education law.
Under the 1965 federal ed-
ucation act, according to a
COLPA memorandum to the
Jewish Telegraphic Agency,
state education agencies sub-
mit proposed programs to the
federal commissioner of ed-
ucation to meet special edu-
cational needs of education-
ally deprived children in
schools in areas with high
concentrations o f children
from low income families.
The programs must be de-
signed to provide nonpublic
school pupils with services
that are "comparable in qual-
ity, scope and opportunity for
participation to those pro-
vided for public school chil-
dren," according to the
COLPA memorandum.
Missouri education officials
implemented programs wider
Title I primarily concerned
with providing remedial in-
struction for disadvantaged
children. Federal funds were
used to employ teachers for
remedial instruction in Miss-
ouri public - schools during
regular school hours but state
state education officials re-
fused to provide funds for
remedial aid teachers in
parochial schools during reg-
ular school hours,
parochial school students do
receive such remedial aid
after school hours away from
the premises of parochial
schools.
Parents of parochial school
pupils sued in federal court,
claiming that lack of pro-
vision for teachers in the
parochial schools violated the
"comparability" requirement
of Title I. The state contended
it could not pro vide on-
p r e m i s e instruction with
remedial -reading teachers in
parochial schools because
that was banned by the First
Amendment, as well as by
the Missouri state constitu-
tion. The state also argued
that the "comparability" rule
did not require identical serv-
ices but "comparable" ones.
The district court ruled in
favor of Missouri, holding
that the state was not obli-
gated to p r o v id e on-the-
premises nonpublic school
remedial instruction. T h e
district court did not rule on
whether programs in effect
for nonpublic school pupils
off the premises complied
with the comparability re-
quirement "despite gross dis-
parity in the service deliv-
ered" to the parochial school
pupils, the COLPA memor-
andum said.
The Court of Appeals re--
versed the lower court and
held that the programs of-
fered parochial school pupils,
compared to those offered in
public schools, did violate the
comparability standard.
The Supreme Court af-
firmed the decision of the
Court of Appeals on all of
these issues. The Supreme
Court endorsed the compar-
ability requirement, agreed
that the public and private
programs did not have to be
identical but found that the
programs offered in Missouri
were not comparable.
According to the AJCon-
gress analysis, the Supreme
Court ruling in the Wheeler
case "interpreted the decision
of the Court of Appeals as
in effect upholding the basic
contention of the (Missouri)
State Board of Education and
the holding of the District
Court, namely that the state
board was not requirtd to
assign teachers to parochial
schools even if it assigned
them to public schools" as a
means to assure "compar-
able" services to the non-
public school pupils. Noting
that the Supreme Court had
referred to the obligation of
Missouri state education offi-
cials "to provide comparable
service to children in non-
public schools," the AJCon-
gress analysis declared that
"this language has been
taken by some as indicating
that the Supreme Court was
prepared to retreat from its
recent holdings and to allow
some forms of aid previously
rejected."
However, the AJCongress
analysis declared, the Su-
preme Court was "merely
pointing to the generally ac-
cepted proposition that Title
I does require programs for
children in non-public schools
and that those programs
must be constitutional. There
is nothing in the decision that
indicates any change in posi-
tion, or even any views as to
what is constitutional." The
analysis noted that the Su-
preme Court said the Court
of Appeals decision, which it
was affirming, "is not to be
read to the effect that peti-
tioners — the defendants —
must submit and approve
plans that employ the use of
Title I teachers on private
school premises during regu-
lar school hours."
-
In the Marburger school
case, the AJCongress as-
serted, the Supreme Court
did indicate its views as to
the validity of that practice.
In that ruling, said the
AJCongress, the Supreme
Court affirmed a lower court
decision condemning not only
auxiliary services but also
various forms of textbooks
and other aids. "This plainly
implies that the court views
these practices as probably
unconstitutional, in the
AJCongress view. But the
COLPA memorandum c o n -
tended that the ruling in the
Marburger case "does not
conclusively add anything to
our understanding of the Su-
preme Court establishment
doctrine" because the court
did not issue an opinion in
that case.
The COLPA analysis of the
Supreme Court Wheeler de-
cision noted the court's re-
fusal to rule on the First
Amendment issue on grounds
there was no specific plan to
send remedial reading teach-
ers to non-public schools in
Missouri. Ho we v e r , the
COLPA memorandum de-
clared that, "significantly,"
the Supreme Court "went a
bit further than the Court of
Appeals on this point."
In reiterating that it was
expressing no view as to the
Establishment clause of any
particular program, the Su-
preme Court said that "the
range of possibilities is a
broad one and the First
Amendment implications may
vary according to the precise
counters of the plan that is
formulated. For example, a
program whereby ,a former
parochial school teacher is
paid with Title I funds to
teach full-time in a parochial
school undoubtedly w o - u 1 d
present quite different prob-
lems than if a public school
teacher, solely under public
control, is sent into a paro-
chial school to teach special
remedial courses a few hours
a week."
The COLPA memorandum
contended that the Wheeler
decision and the lower court's
Marburger ruling "seems to
support" the conclusion that
a general aid program with
a "comparability" require-
ment for parochial school stu-
dents "would apparently be
significant in terms of over-
all constitutional acceptabil-
ity." COLPA said this "would
eliminate both any open-
ended commitment to paro-
chial education and the con-
comitant risk of periodic con-
frontations" stemming from
the possibility of annual de-
bate and lobbying for more
funds for parochial school aid
under Title I.
The COLPA memorandum
did draw a distinction as to
the acceptability of remedial
instruction f o r non - public
school pupils given away
from such schools and such
instruction in the schools.
COLPA argued that "remed-
ial instruction programs em-
ploying teachers directly re-
sponsible to public authori-
ties, who would teach outside
of parochial school grounds,
would be acceptable." In re-
gard to on-the-premise in-
struction, the COLPA conclu-
sion was that "some" pro-
grams were "constitutionally
feasible." T h e AJCongress
contended that "what is not
constitutional and what the
Supreme Court confirmed in
the Marburger case is the
provision of remedial aid on
the premises of non-public
schools."
N.-
.•+.4
Jewish Composer: Non-Person in Eastern Europe
By MURRAY ZUCKOFF
and TOVA KAMINS
(Copyright 1974, JTA, Inc.)
A Romanian-born Jewish
composer has become a non-
person in his native land, the
Soviet Union and other East
European countries despite
the fact that a song he wrote
in 1946 continues to be popu-
lar in all these countries.
Yaakov Lebovitch, who under
the pen-name 'of Jean Letoni
wrote the-immensely popular
"Marioara," is currently in
the United States seeking to
obtain what has been denied
him: official credit for com-
posing the song and royalties.
Letoni, who emigated to Is-
rael eight years ago together
with his son Igor, also a mu-
sician, recounted his plight
in an interview with the Jew-
ish Telegraphic Agency while
he was in New York recently
seeking the aid of the Anti-
Defamation League of Bnai
Brith. "Marioara," a love
song, was first heard on So-
viet radio in 1946, but with-
out the mention of his name.
"The practice of mentioning
a composer's name when
playing his music is standard
procedure in the USSR," he
said "Not to mention it is
an insult." Letoni said that
for the past 28 years he has
been involved in continuous
efforts with the Soviet and
Romanian governments to
win recognition but has been
thwarted at every turn.
In 1946 "Marioara" was
recorded by a well-known
Soviet vocalist who assured
Letoni that the song would
bring both of them fame and
fortune. The singer became
famous and was awarded the
coveted Lenin Prize for the
song,- but he fell into oblivion.
"Marioara" became her
theme song and Letoni was
left with nothing. In 1952 a
Soviet film was released in
Romanic) with his compesition
as its theme song. But Le-
toni's name was never men-
tioned.
In 1959 the song was part
of the repertoire of the Bucha-
rest National Orchestra, and
again he received no credit.
Letoni, who had by this time
become known for his per-
sistent efforts to achieve jus-
tice, attempted to have the
musicians themselves an-
nounce the identity of the
author. But the official line
prevailed, he said, namely,
that "Marioara" was actually
an anonymous folk song. In
one incident, Letoni recalled,
.
Jerusalem Immigrant
Center Dedicated
he was "escorted from the
Bucharest concert hall by
security police when he con-
tinued to insist that the com-
posers identity be revealed.
Letoni, in his sixties, who
speaks only Yiddish and
whose tale was interpreted
by Robert Kohler, New York
regional director of the ADL,
recounted that in 1952 while
he was residing in the Soviet
Union he was arrested dur-
ing the Stalin purge that year
-and sent to Siberia on charges
of being a subversive. His
arrest, he noted, was itself a
piece of irony.
He had come to the Soviet
Union from Romania when
the Nazis overran his coun-
try, during World War II.
The Russians urged Rumani-
ans to leave their country
and join the Red Army to
help fight the Nazi hordes.
Letoni did so. After the war
he remained in the USSR
with his Romanian passport
but never received any Soviet
working papers or identifica-
tion papers. All the Rumani-
ans who had responded to the
Soviet call during the war
were in a similar position.
"Stalin, in his paranoia, by
now considered them all
spies," Letoni said. However,
being a musician Letoni was
admitted to the musical con-
servatory in Moscow. Then
in 1952 authorities checked
all the students and staff
members there and he was
discovered to be without any
legal papers.
In Siberia, the composer,
had been a boxer in his
youth, was put in charge of
training other inmates the art
of boxing. While there he was
accused by another prisoner,
who hoped to win a reprieve
by turning informant, of be-
ing a Trotskyist. As a result,
Letoni was sent into idolation
on an island in the East
Siberian Sea to work as a
fisherm an.
While on the island he
came into contact with one of
his boxing students whose
father was a high-ranking
official on the island. The
father, who had also been
charged with anti-Soviet ac-
tivities, agreed to smuggle
Letoni off the island after
extracting an agreement from
Letoni that he would write
down the notes of "Marioara"
so that he could play it on
his piano. With a boat pro-
vided by the student's father,
Letoni made his way out of
the Siberian Sea through the
ice floes in a journey that
lasted 28 days. He made his
way back to Moscow where
he continued to live for a
while in constant fear of be-
ing re-arrested. Finally he
returned to Romania and
from there went to Israel.
Letoni also recounted that
he lost his first wife and
child when the Nazis invaded
Romania. After the war he
remarried in the Soviet Union
and had another child, Igor.
When Letoni and his son left
the Soviet Union his wife
promised to join them in Ro-
mania in a few months time.
She never did. Until 1954 he
continued to receive letters
from her but has not heard
from her since then. "There
were rumors,'' he said, "that
my wife had been shot trying
to leave the Soviet Union
MEVASSERET ZION —
The Edward and Mabel Byer
Immigrant Absorption Cen-
ter was dedicated in the
Judean Hills overlooking
Jerusalem recently as a liv-
ing memorial to the man who
contributed the largest indi-
vidual gift to the United
Jewish Appeal.
The absorption center pro-
vides initial housing and
training facilities for 200
families of academically-
trained immigrants, many
recently-arrived Soviet olim.
They remain at the center for
five months, while they are
given a thorough orientation
including language classes
and assistance in finding per-
manent housing and profes-
46—Friday, Sept. 20, 1974
sional counseling.
illegally. Other rumors had
it that she was jailed for
trying to leave, and died in
prison."
The composer said that an
official in Sweden, where Igor
now resides, has made in-
quiries concerning his wife's
whereabouts or her fate but
has had no success. Efforts
have also been made by the
Swedish Consulate in Moscow
regarding Letoni's rights to
recognition and royalties for
his song. These efforts,
have been without avail
have efforts from Israel.
Letoni noted that it was
perhaps understandable that
being a Jew he would have
had difficulty claiming his
rights anad royalties while
Stalin was still alive. But,
he said, there was still an-
other ironic twist to his ef-
forts to win recognition. Sev-
eral years ago the Soviet
union published an anthology
of popular songs. His song
appeared with his name as
the author. However, that
anhtology is not distributed
in the Soviet bloc countries,
only in countries outside the
bloc.
"Strange, isn't it that so
many years after Stalin's
death both he and his victim
have been expunged from the
pages of official Soviet his-
tory." Letoni said. Display-
ing documents to prove that
he is the rightful author of
"Marioara," including a let-
ter from the singer who be-
came_ famous, Letoni said:
"I do not expect money from
the Soviet Union. I'm realis- -
tic enough enough. But I do
want to convey what can
happen under a Communist
dictatorship. My efforts may
just be another stone in the
water to help flood the world
with some knowledge about
the Russians." Meanwhile, he
mused, he must stand by
helplessly, knowing- that his
work has, become a classic
and himself a non-entity.
Rabin Said to OK
National Unity Gov't.
JERUSALEM (ZINS) — Is-
raeli Premier Yitzhak Rabin
is quoted as having said in an
informal conversation with
Jewish Agency Treasurer
Leon Dulzin that, "I am in
principle, in favor of a gov-
ernment of national unity but
regret that under exi.-
conditions and becaustl.._
various difficulties this can-
not be accomplished now."
's
Dulzin, who revealed
statement during a press..,
ference, stated that Rabin's
assertion was made after
Dulzin had observed the poli-
tical and economic situation
of the country calls for extra-
ordinary measures which can
only be carried out by a gov-
ernment of national unity.
Rabin answered that the time
is not yet ripe for such a
step.
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