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Long Island, NY - Yeshiva Parent Sues State For Tighter School Safety Regs Invoking Kletzky Tragedy

Published on: January 23, 2013 10:33 AM
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Long Island, NY - A Long Island student and her father have filed a lawsuit against the New York State Assembly, charging that exempting non-public schools from the same child protection laws that are mandatory in New York’s public schools is a violation of those students’ constitutional rights.

The lawsuit, Levi versus New York State, was filed on January 18th in Manhattan federal court and names the State Assembly, Speaker Sheldon Silver, Dean Skelos, Jeffrey D. Klein and the State of New York as defendants. Both Skelos and Klein are presidents pro tempore of the New York State Senate as well as senate conference leaders of their respective parties.

The student, who is legally considered a minor, attends a Nassau County yeshiva.

“No one was attacked or assaulted here,” Elliot Pasik, attorney for the plaintiff and president and founder of the Jewish Board of Advocates for Children, told VIN News.  “This lawsuit has nothing to do with curriculums.  It is limited to child safety and health laws and about making our religious schools safer for our children.”

As described in the thirty page complaint, by not subjecting religious schools to the same child safety and health regulations as public schools, the plaintiff’s constitutional rights under both the Fourteenth Amendment’s Equal Protection Clause and the First Amendment’s Free Exercise and Establishment Clause have been violated, forcing her to receive her education in a potentially hazardous environment in order to be able to attend a school that allows her to freely practice her religion.

The complaint suggests that in the wake of the Leiby Kletzky murder, much attention has been focused on improving child safety legislation, particularly in non-public schools.  Some of the legislation being suggested in the lawsuit, which is already mandatory in public schools, includes requiring schools to educate students in abduction prevention, to fingerprint and run criminal background checks of all employees and to report any and all child abuse that takes place in an educational setting.

Pasik, himself the parent of non-public school children, expressed optimism that safer schools for nearly half million New York State children who attend non-public schools, will soon become a reality.

“We hope there are mature, sober voices, among our state officials, who can closely examine this situation,” said Pasik.  “Firm, decisive action is needed.  400,000 nonpublic school children deserve the best legal protection our state can give them.”




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Read Comments (40)  —  Post Yours »

1

 Jan 23, 2013 at 09:43 AM mewhoze Says:

they should have school safety police at yeshivas too. not only in public schools.
parents of children who go to private schools pay taxes too. why not give them this protection

2

 Jan 23, 2013 at 09:50 AM sandymoos Says:

How much is he suing for?

3

 Jan 23, 2013 at 09:59 AM Hocker Says:

Reply to #2  
sandymoos Says:

How much is he suing for?

They're not suing for any money. They want the court to force the state legislature to pass the same safety laws that the public school children already have. Its unbelievable that a lawsuit has to be brought to get this.

4

 Jan 23, 2013 at 10:20 AM Sherree Says:

Do you know how many yeshivas have guidance counselors that do not keep confidentiality? Do you know how many yeshivas do not even have guidance counselors? Do you know how many yeshivas don't even follow guidelines from divorce agreements? Do you know how many yeshivas ignore court orders? Do you know how many yeshivas don't offer English and Math (oh that was already reported). Do you know how many Yeshivas still don't have any glass openings on their classroom or office doors, or do nothing if the glass is covered up? Do you know how many yeshivas have no video cameras? Do you know how little our children are protected in a Torah environment?

5

 Jan 23, 2013 at 10:23 AM shmaltz222 Says:

great idea...put in metal detectors and armed guards in Yeshivas ...that'll help kids grow up innocent and normal

what a major overreaction

if you are invoking the kletzky case ..make a law that only people of certain ages and gender can give directions to certain ages and gender ..just keep making laws to protect against 1 in a million chance of something happening..nuts

6

 Jan 23, 2013 at 10:48 AM Huh? Says:

When do we get to the patching issue.
At some point it will come up and it will be a big deal.

7

 Jan 23, 2013 at 10:59 AM rachamim Says:

Good! Anyone working with or near children should have to undergo a criminal background check and fingerprinting, for the safety of our children.

8

 Jan 23, 2013 at 11:00 AM rachamim Says:

Reply to #6  
Huh? Says:

When do we get to the patching issue.
At some point it will come up and it will be a big deal.

I have heard about this from people no longer on the derech. Perhaps stopping the violence would help keep people on it.

9

 Jan 23, 2013 at 11:01 AM Hocker Says:

Reply to #5  
shmaltz222 Says:

great idea...put in metal detectors and armed guards in Yeshivas ...that'll help kids grow up innocent and normal

what a major overreaction

if you are invoking the kletzky case ..make a law that only people of certain ages and gender can give directions to certain ages and gender ..just keep making laws to protect against 1 in a million chance of something happening..nuts

According to Shmaltz, we should revoke the mitzva of makkeh l'gagecha - putting a guardrail on the flat roof of your home. What are the chances somebody might fall off? And what do you do with, ushmartem m'od l'nafshosaychem. GUARD YOUR LIVES EXCEEDINGLY! Nebach, some people don't give an inch. They won't give in no matter how much proof you have.

10

 Jan 23, 2013 at 11:17 AM Wannashmooze Says:

No one is forcing u to go to yeshiva. Please dont make a ruckus. This is exactly the wrong publicity for the jewish comunity.

If u dont like it then dont send ur kids to yeshiva. Either home school them or go to public school.

11

 Jan 23, 2013 at 11:22 AM 5TResident Says:

My kids go to yeshiva in Nassau County. The preschool campus has a full-time guard (has had it for years) and the middle school, I believe, has instituted child safety measures since the shooting at Sandy Hook in Connecticut. Such a terrible world we live in - when I was in yeshiva in the 1970's, we were allowed to walk around the neighborhood or play football in the street during recess and nobody was ever frightened.

12

 Jan 23, 2013 at 11:27 AM Anonymous Says:

I admire Mr Passik's persistance and perseverence in trying to improve safety in the yeshivos. However, what does any of this have to do with the Levi Aron/Leiby Kletzky Tragedy? If you want to start from that case then how about starting from the beginning when Levi Aron was a student in various yeshivos in Brooklyn including a prominent one. He apparently slid through the system with all his various learning disabilities and mental problems never having been dealt with properly. How many more Levi Arons are there out there that we have not discovered yet? How is it that Aron was in possession of heavy duty psychotropic medication which he fed to Leiby Kletzky and yet was not being monitored to make sure he was not a threat to himself or others. If you want to address the problem of safety whether it is with pedophilia or other mental disorders, then the number one issue which must be addressed is mentaly ill people and how to deal with them. They are not going away unless we want to adopt the European Euthanasia approach.

13

 Jan 23, 2013 at 11:51 AM Brooklyn mom Says:

Reply to #4  
Sherree Says:

Do you know how many yeshivas have guidance counselors that do not keep confidentiality? Do you know how many yeshivas do not even have guidance counselors? Do you know how many yeshivas don't even follow guidelines from divorce agreements? Do you know how many yeshivas ignore court orders? Do you know how many yeshivas don't offer English and Math (oh that was already reported). Do you know how many Yeshivas still don't have any glass openings on their classroom or office doors, or do nothing if the glass is covered up? Do you know how many yeshivas have no video cameras? Do you know how little our children are protected in a Torah environment?

Very well said, Sheree. That and so much more!!!!

14

 Jan 23, 2013 at 12:17 PM savta Says:

Reply to #10  
Wannashmooze Says:

No one is forcing u to go to yeshiva. Please dont make a ruckus. This is exactly the wrong publicity for the jewish comunity.

If u dont like it then dont send ur kids to yeshiva. Either home school them or go to public school.

this is not about what a child is taught it is about the safety of your children. What is wrong with making sure your child is not around criminals or possible sex offenders? We know that rachmana letzlan we have both in the frum community. I for one applaud teaching a child how not to get abducted and to protect them

15

 Jan 23, 2013 at 01:15 PM The_Truth Says:

To all the nay-sayers: The fact that the NY public schools are mandated to have certain security measures but there is no legislation mandating the same security measures in private schools (where in my opinion are more likely to be targets of terror attacks), means that the Jewish schools are by default not as safe as the public schools . Yes, they MAY implement them if they want, but there is nothing forcing them. If you have kids in a private school, wouldn't you want them to be as safe as sending them to public school? the reason you send them to a private school is BECAUSE you want to protect them from certain things in public school ( religious education/environment), and not because you want them in a less safe place to be, or being taught by people who have had no background checks.
The child protection laws should be mandated for all schools, irrespective of public / private.

16

 Jan 23, 2013 at 02:32 PM Tzi_Bar_David Says:

The private schools are usually better at imposing their own discipline long before it gets to the point where armed guards are necessary. The reality is that public schools HAVE to accept anyone child who applies, subject only to district residency requirements. Yeshivos/Catholic schools, etc. are generally able to weed out the trouble makers long before there is an issue. Posting security guards at such schools at taxpayer expense is likely a huge waste of money.

17

 Jan 23, 2013 at 02:43 PM shredready Says:

he should have included Agudath Israel and the church the major forces who are opposed to finger printing and background checks in religious schools

18

 Jan 23, 2013 at 02:53 PM DanielBarbaz Says:

Reply to #4  
Sherree Says:

Do you know how many yeshivas have guidance counselors that do not keep confidentiality? Do you know how many yeshivas do not even have guidance counselors? Do you know how many yeshivas don't even follow guidelines from divorce agreements? Do you know how many yeshivas ignore court orders? Do you know how many yeshivas don't offer English and Math (oh that was already reported). Do you know how many Yeshivas still don't have any glass openings on their classroom or office doors, or do nothing if the glass is covered up? Do you know how many yeshivas have no video cameras? Do you know how little our children are protected in a Torah environment?

(Reply to # 4): You go girl!! More power to you. We need more people like you who are willing to speak up about the problems in our community. Many people, unfortunately, are more caught up on whose hashgacha is on a bag of carrots, than about the safety of our most precious possessions......our children.

19

 Jan 23, 2013 at 03:04 PM ShmuelG Says:

Reply to #4  
Sherree Says:

Do you know how many yeshivas have guidance counselors that do not keep confidentiality? Do you know how many yeshivas do not even have guidance counselors? Do you know how many yeshivas don't even follow guidelines from divorce agreements? Do you know how many yeshivas ignore court orders? Do you know how many yeshivas don't offer English and Math (oh that was already reported). Do you know how many Yeshivas still don't have any glass openings on their classroom or office doors, or do nothing if the glass is covered up? Do you know how many yeshivas have no video cameras? Do you know how little our children are protected in a Torah environment?

Do you know how many yeshivas ignore court orders? No, I don't. And I don't know which orders you are talking about. But on the face of it, why should yeshivas be taking orders from goyisher courts?

20

 Jan 23, 2013 at 03:33 PM MonseyLuke Says:

"Some of the legislation being suggested in the lawsuit, which is already mandatory in public schools, includes requiring schools to educate students in abduction prevention, to fingerprint and run criminal background checks of all employees and to report any and all child abuse that takes place in an educational setting."

I see no mention of security guards at all. I believe the reason Shelly avoided the private schools is because some of his constituency did not want "... criminal background checks of all employees and to report any and all child abuse that takes place in an educational setting..." mandated in their schools. Heck, look at the outpouring of outrage at the Markey bill, a bill designed to protect children but it never passed due to private school pressure.

When a community cares not for its children, its future is doomed. Sad. Luke.

21

 Jan 23, 2013 at 05:33 PM shmaltz222 Says:

Reply to #9  
Hocker Says:

According to Shmaltz, we should revoke the mitzva of makkeh l'gagecha - putting a guardrail on the flat roof of your home. What are the chances somebody might fall off? And what do you do with, ushmartem m'od l'nafshosaychem. GUARD YOUR LIVES EXCEEDINGLY! Nebach, some people don't give an inch. They won't give in no matter how much proof you have.

the chances of falling off a roof with no rail is pretty high.

and in terms of guarding your life...then everyone should carry a gun etc etc...you can take anything to its illogical conclusion ...in fact one could make an argument that by not having armed guards surrounding children one is actually guarding a 'life".."life of normality an abnormal life is not living

22

 Jan 23, 2013 at 06:41 PM DB_from_LI Says:

Reply to #5  
shmaltz222 Says:

great idea...put in metal detectors and armed guards in Yeshivas ...that'll help kids grow up innocent and normal

what a major overreaction

if you are invoking the kletzky case ..make a law that only people of certain ages and gender can give directions to certain ages and gender ..just keep making laws to protect against 1 in a million chance of something happening..nuts

Dunno why you think that it's a 1 in a million chance? Jewish institutions are targets for radicalism. It's not a major overreaction. I live in the and my kids go to school where there is a public Early Childhood/Elementary school, my kids Yeshiva & the Public Middle School all within 3 blocks from each other. If one goes into lock-down the other 2 have manditory lock-down as well. If you think it's so far fetched , last Friday the Public High School ( a little farther away) went into lock-down because of a suspicious package. It was after school for the yeshiva so I don't know what measures would have been taken..... You tell me if that was a major overraction? Also he might be citing the Kletzky case because maybe there was president set during that trail that will help his case?????

23

 Jan 23, 2013 at 10:07 PM Anonymous Says:

Reply to #1  
mewhoze Says:

they should have school safety police at yeshivas too. not only in public schools.
parents of children who go to private schools pay taxes too. why not give them this protection

because they might turn out to be illiterate amoratzim like you.

24

 Jan 23, 2013 at 10:13 PM Anonymous Says:

Reply to #17  
shredready Says:

he should have included Agudath Israel and the church the major forces who are opposed to finger printing and background checks in religious schools

why don't you let him know? he probably is not as knowledgeable in these legal issues as you are...

25

 Jan 23, 2013 at 10:16 PM Anonymous Says:

Reply to #22  
DB_from_LI Says:

Dunno why you think that it's a 1 in a million chance? Jewish institutions are targets for radicalism. It's not a major overreaction. I live in the and my kids go to school where there is a public Early Childhood/Elementary school, my kids Yeshiva & the Public Middle School all within 3 blocks from each other. If one goes into lock-down the other 2 have manditory lock-down as well. If you think it's so far fetched , last Friday the Public High School ( a little farther away) went into lock-down because of a suspicious package. It was after school for the yeshiva so I don't know what measures would have been taken..... You tell me if that was a major overraction? Also he might be citing the Kletzky case because maybe there was president set during that trail that will help his case?????

you are very articulate and clear-thinking.

I loved your comment, especially the very good point that president was set during the Kletzky case. I am still laughing at you.

26

 Jan 24, 2013 at 07:45 AM esq Says:

Reply to #19  
ShmuelG Says:

Do you know how many yeshivas ignore court orders? No, I don't. And I don't know which orders you are talking about. But on the face of it, why should yeshivas be taking orders from goyisher courts?

Because they are located in a goyishe country and must follow the goyishe laws. If you want you can always set up your own country but until then follow the law of the land.

27

 Jan 24, 2013 at 10:42 AM sechelyoshor Says:

Reply to #10  
Wannashmooze Says:

No one is forcing u to go to yeshiva. Please dont make a ruckus. This is exactly the wrong publicity for the jewish comunity.

If u dont like it then dont send ur kids to yeshiva. Either home school them or go to public school.

Wow! That's the choice? Either Yeshiva with risks that can be prevented (but don't! it's bad publicity and costs money) or public school or home school.

Wow! I assume we both live on the same planet but I really wonder.

28

 Jan 24, 2013 at 10:49 AM sechelyoshor Says:

Sad that we need Elliot Pasik to force our community to do what's right. Rebbeim and Morahs getting background checks and fingerprinting costs money and feels insulting so our mosdos are not interested in doing this. But even one child is saved isn't it worth it?

29

 Jan 24, 2013 at 01:50 PM Huh? Says:

Reply to #19  
ShmuelG Says:

Do you know how many yeshivas ignore court orders? No, I don't. And I don't know which orders you are talking about. But on the face of it, why should yeshivas be taking orders from goyisher courts?

Shmu-el I agree with you 100%, the yeshivas should not be taking orders from the secular courts. Because of our avairos, this is our matzev.
Yeshivas are taking orders from the secular courts because they employ molesters, child abusers and people that falsely put themselves out as licensed professionals. There is also the problem of incompetent, sometimes violent, rebbes and teachers.
It shouldn't be true but it is.

30

 Jan 24, 2013 at 07:11 PM ShmuelG Says:

Reply to #26  
esq Says:

Because they are located in a goyishe country and must follow the goyishe laws. If you want you can always set up your own country but until then follow the law of the land.

This is a very weak reasoning. So, according to you, while in Mitzraim, we should have listened to mitzrim's directives on how to be mchanech our children, and in Russia - to the russians'. Be ashamed of yourself.

31

 Jan 24, 2013 at 09:07 PM Sherree Says:

Reply to #10  
Wannashmooze Says:

No one is forcing u to go to yeshiva. Please dont make a ruckus. This is exactly the wrong publicity for the jewish comunity.

If u dont like it then dont send ur kids to yeshiva. Either home school them or go to public school.

Really, that is such a good idea since our taxes, or at least those who bother to pay them and not cheat the government, already pay for that! But since most of us work very hard and struggle to pay Yeshiva Tuition, don't you think we can at lease expect them to provide our kids with a "SAFE" environment in which to learn????

32

 Jan 24, 2013 at 09:12 PM Sherree Says:

Reply to #12  
Anonymous Says:

I admire Mr Passik's persistance and perseverence in trying to improve safety in the yeshivos. However, what does any of this have to do with the Levi Aron/Leiby Kletzky Tragedy? If you want to start from that case then how about starting from the beginning when Levi Aron was a student in various yeshivos in Brooklyn including a prominent one. He apparently slid through the system with all his various learning disabilities and mental problems never having been dealt with properly. How many more Levi Arons are there out there that we have not discovered yet? How is it that Aron was in possession of heavy duty psychotropic medication which he fed to Leiby Kletzky and yet was not being monitored to make sure he was not a threat to himself or others. If you want to address the problem of safety whether it is with pedophilia or other mental disorders, then the number one issue which must be addressed is mentaly ill people and how to deal with them. They are not going away unless we want to adopt the European Euthanasia approach.

You have a point there, and that would mean taking this matter up with his father who lived in the same house with him, and of course his psychiatrist who prescribed the drugs and possibly should have seen him more often.

On the other hand, as far as the Kletzky case is concerned, perhaps the issue might be having guards or more mechanchim in the play yard during recess or any time there are children in the yard. As well as guards and/or monitors in the hallway. This will also prevent any delivery persons from walking around or speaking to the kids, which might have been possibilities in this case.

33

 Jan 24, 2013 at 09:15 PM Sherree Says:

Reply to #15  
The_Truth Says:

To all the nay-sayers: The fact that the NY public schools are mandated to have certain security measures but there is no legislation mandating the same security measures in private schools (where in my opinion are more likely to be targets of terror attacks), means that the Jewish schools are by default not as safe as the public schools . Yes, they MAY implement them if they want, but there is nothing forcing them. If you have kids in a private school, wouldn't you want them to be as safe as sending them to public school? the reason you send them to a private school is BECAUSE you want to protect them from certain things in public school ( religious education/environment), and not because you want them in a less safe place to be, or being taught by people who have had no background checks.
The child protection laws should be mandated for all schools, irrespective of public / private.

Correct! You are mandated by law to send your kids to school until they are 17, they are truant if they are not in school and you are considered a negligent parent. Any accredited school is required to teach certain courses. But NO one has the right to make sure that the school environment is as safe as a Public School and that non-public school children are as safe as a public school child? Does that make sense?

34

 Jan 24, 2013 at 09:16 PM Sherree Says:

Reply to #16  
Tzi_Bar_David Says:

The private schools are usually better at imposing their own discipline long before it gets to the point where armed guards are necessary. The reality is that public schools HAVE to accept anyone child who applies, subject only to district residency requirements. Yeshivos/Catholic schools, etc. are generally able to weed out the trouble makers long before there is an issue. Posting security guards at such schools at taxpayer expense is likely a huge waste of money.

Your missing the point. You are assuming that other kids are the problem here, and that is NOT what we are discussing!

35

 Jan 24, 2013 at 09:22 PM Sherree Says:

Reply to #19  
ShmuelG Says:

Do you know how many yeshivas ignore court orders? No, I don't. And I don't know which orders you are talking about. But on the face of it, why should yeshivas be taking orders from goyisher courts?

"why should yeshivas be taking orders from goyisher courts? ” Because it is the LAW! When a parent has an order of custody, the school/Yeshiva MUST follow the rules in regard to that custody, they can be in great trouble if they don't. They have no right to release a child into the custody of the NON-custodial parent.

Do you really want me to name the Yeshiva who told me they don't have to listen to the instructions from the attorney? The Yeshiva who told me they don't have an attorney when I advised him to just fax it to his attorney and let him advise him how to proceed. He was extremely arrogant. He told me "I don't want to get involved, do you know what happens, WE, the yeshivas lose out when parents get divorced. We wind up NOT getting paid!!!" Do you hear that? Do you see what his concern was about? That is all he cared about. He didn't check if the parents owed money or not. But that was his concern. He didn't ask me how the child was doing under the circumstances. He didn't ask me if the child was seeing a therapist or if he needed to speak to the school's guidance counselor. Do you get it? Do you understand what kind of person he is?

36

 Jan 24, 2013 at 09:26 PM Sherree Says:

Reply to #21  
shmaltz222 Says:

the chances of falling off a roof with no rail is pretty high.

and in terms of guarding your life...then everyone should carry a gun etc etc...you can take anything to its illogical conclusion ...in fact one could make an argument that by not having armed guards surrounding children one is actually guarding a 'life".."life of normality an abnormal life is not living

In terms of guarding your life...everyone should watch what they eat, what they drink, they should exercise and NOT smoke, and definitely NOT carry a gun. Having guards at a locked school entrance is common sense. No one who doesn't belong in the school should have the ability to just walk in.

37

 Jan 24, 2013 at 11:40 PM Huh? Says:

Reply to #30  
ShmuelG Says:

This is a very weak reasoning. So, according to you, while in Mitzraim, we should have listened to mitzrim's directives on how to be mchanech our children, and in Russia - to the russians'. Be ashamed of yourself.

If the mitzrayim or the russians told the yeshivas not to hire perverts or child abusers it would have been a good idea to listen.

38

 Jan 26, 2013 at 10:14 PM Anonymous Says:

Reply to #28  
sechelyoshor Says:

Sad that we need Elliot Pasik to force our community to do what's right. Rebbeim and Morahs getting background checks and fingerprinting costs money and feels insulting so our mosdos are not interested in doing this. But even one child is saved isn't it worth it?

if you think it is worth it, then you should have no problem paying for it, instead of ewxpecting others to do it for you.

39

 Jan 26, 2013 at 10:16 PM Anonymous Says:

Reply to #19  
ShmuelG Says:

Do you know how many yeshivas ignore court orders? No, I don't. And I don't know which orders you are talking about. But on the face of it, why should yeshivas be taking orders from goyisher courts?

ShmuelG,

It appears that you feel yeshivas should not take orders from the "goyisher" courts, but you have no problem with them taking lots of money from the goyisher government.

how is that?

40

 Jan 27, 2013 at 04:28 AM sechelyoshor Says:

Reply to #38  
Anonymous Says:

if you think it is worth it, then you should have no problem paying for it, instead of ewxpecting others to do it for you.

you'd rather spend those dollars on the most mehudar esrog? It is unbelievable how we rather protect out wallets and kovod than our children!

Or maybe you're one of the people who are afraid of what we'll find if we run those checks...

41

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