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CANCER.
SOCIETY

Chasidic District
Unconstitutional

New York (JTA) — New
York state's highest court
has ruled that a special
public school district set up
for handicapped Chasidic
children violated the con-
stitutional separation of
church and state.
The Court of Appeals, in a
4-2 decision, ruled that the
district "inescapably con-
veys a message of govern-
mental endorsement of re-
ligion."
The decision upheld two
lower court rulings in the
case, Grumet vs. Board of
Education of the Kiryas Joel
School District, that also
found the district un-
constitutional.
The school district was set
up by the New York State
Legislature in 1989 as a way
of providing services to emo-
tionally and physically han-
dicapped children in the Or-
ange County village of
Kiryas Joel, where nearly
all the residents are Satmar
Chasidim.
The school, which receives
both local tax revenues and
state aid, is attended by
about 220 handicapped chil-
dren, virtually all of whom
are Chasidic.
The yeshivot in the area
are unable to provide for the
expensive special educa-
tional needs of handicapped
children. The Chasidic
families with handicapped
children, however, have
been unwilling to send their
children to other public
schools, citing religious and
cultural differences.
"The children are ridi-
culed for their strange garb,
and different languages and
culture. It makes it very
harmful, psychologically
and educationally," said
David Zweibel, general
counsel and director of
government affairs for
Agudath Israel of America.
Because the district was
set up to accommodate a re-
ligious group, opponents
claim that the state is endor-
sing a religious community.
Because the subject matter
taught at the school is en-
tirely secular, however, sup-
porters of the school claim
that this is not an issue of
separation of church and
state.
Writing for the majority,
Judge George Bundy Smith
said the state had yielded to
the separatist demands of a
religious group.
In a dissent, Judge Joseph

Bellacosa wrote that the law
addressed only the secular
needs of the Chasidim and
was unrelated to their re-
ligious practices.
"No message of endorse-
ment for Satmar theology or
its particular separatists
tenets need necessarily or
can fairly be inferred," Mr.
Bellacosa wrote.
Nathan Lewin, the at-
torney for the school district,
praised the dissenting
judge's opinion, calling it a
"far more practical and real-
istic view of the situation."
The Kiryas Joel school
district, along with the state
of New York, plan to appeal
the state court's ruling to
the U.S. Supreme Court.
A spokesperson for Gov.
Mario Cuomo said the gov-
ernor had seen the district as

The school

receives local tax
revenues.

"a way to solve a unique
problem."
Rabbi Hertz Frankel, a
spokesman for the Satmar
Chasidim, said his group
was "very disappointed.
"We really think they
aren't using a compas-
sionate approach to the
needs of special children who
are totally lost in a strange
cultural environment,"
Rabbi Frankel said.
Other Jewish groups,
however, support the court's
decision, calling it a victory
for the separation of church
and state.
"Although the Kiryas Joel
School District was created
to meet a genuine need, a
decision upholding the con-
stitutionality of that school
district would have ac-
celerated the process of
fragmenting public edu-
cation in ways that would
quickly destroy its unifying
purposes," according to a
statement issued by Phil
Baum, associate executive
director of the American
Jewish Congress.
The Anti-Defamation
League, which had filed an
amicus brief opposing the
district, said in a statement
that ADL "has always
adhered to the principle that
the rights and freedoms of
all Americans are best serv-
ed when government re-
mains neutral with respect
to religion."

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