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Exploring School Choice and Religious Liberty

 

As part of their training to be intellectual, religious, and civic leaders, Straus Scholars pursue internships and fellowships that expand on their Straus Center studies. Below is a reflection from our Straus Scholar Fayga Tziporah Pinczower (SCW â€˜26).

This summer I participated in The Tikvah Fund’s Beren Summer Fellowship, a program that combines rigorous seminars and an independent project. I spent four weeks working with the Becket Fund and Jason Bedrick at the Heritage Foundation to promote school choice in New York, with a focus on the substantial equivalency challenge facing private schools.

I researched the differences between Education Savings Account (ESA) programs and voucher systems, comparing their legal and political implications. Jewish institutions often favor vouchers because they funnel funds directly to schools, but ESAs allow parents to distribute funds more flexibly—using some for tuition, tutoring, or homeschooling resources. This has sparked debate within Jewish communities, as ESAs introduce competition not just between schools, but between different educational formats.

Part of my project involved speaking with leaders from various Jewish organizations and schools, some of which operate in states that have adopted ESA or voucher programs. These conversations were crucial in helping me understand their experiences with these policies. The insights I gained have been invaluable, and I plan to continue exploring the practical outcomes of these educational options.

New York presents additional challenges due to its stringent regulation of private schools, particularly the "substantial equivalency" guidelines. These guidelines have been contested and slightly revised but still mandate both vague subjects (that may serve as a springboard for future mandated instruction in subjects like sexual identity) and time allocation that threaten private school autonomy. These regulations could hinder school choice progress, even if ESA or voucher programs were implemented. However, ESAs may offer a partial solution by shifting educational responsibility to parents and reducing the regulatory burden on schools. It might thereby alleviate the legal culpability from schools and allow them to construct curricula as they see fit.

Throughout my research, I have read dozens of SCOTUS decisions relating to the establishment and free exercise clauses as well as Jason Bedrick’s book Religious Liberty and Education, and countless articles pertaining specifically to yeshiva education. I have also delved into statutes outlining existing ESA programs in states like Arizona, Florida, Arkansas, New Hampshire, and West Virginia. I expect to continue reading similar material and newly released court decisions as these topics continue to be litigated. 

I am grateful to the Straus Center for encouraging me to apply to the Beren Fellowship and fostering my passion for religious liberty.

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