Washington Wire
March, 2002 Vol. 4, No. 2

LEGISLATIVE ISSUES

The second session of the 107th Congress is under way and the OU/IPA Washington Office is working hard to advance our community's agenda.

Education Policy
Having completed its work reauthorizing the Elementary & Secondary Education Act, the next item on Congress' education policy agenda is reauthorizing the Individuals with Disabilities Education Act ("IDEA") - the central vehicle for federal funding for special education (ie: speech therapy, physical therapy, resource rooms, etc.). While much of the debate will be focused upon whether the federal government will increase the overall allocation of funds it puts into these programs, we are also focused upon reforming policies in this law that place parochial school students with special needs at a huge disadvantage in obtaining the services they need. In short, there are some localities wherein parochial school parents have been forced to remove their children from religious school and enroll them in a public school so that they may receive the special ed. services needed. In cooperation with other parochial school communities, we have begun meeting with senior administration officials and members of congress to raise this issue which affects the lives of many in our community. More detailed information regarding this effort will be posted on our website -- http://www.ou.org/public/Publib/ and we will be turning to you for help in advancing this critical issue.

A second education-related item we are working on is a federal education expense tax credit. Thanks to our efforts over the past year (along with sympathetic coalition partners and members of congress) President Bush's proposed budget for FY'03 contains an allocation for a fedreral education tax credit proposal. We are currently working intensely with key Administration staff and congressmen to structure this proposal in a way that will directly benefit our day school families and also have sufficient political appeal that it might be passed into law. For a look at pending proposals to date, see - http://www.ou.org/public/Publib/edsavings.htm

"Faith-Based Initiative"
Legislation designed to implement the President's plan to open federal social service grant programs to participation by religious organizations passed the House of Representatives last summer. In the wake of the House vote, attention turned to the Senate where we have been working with Senator's Lieberman & Santorum to shape a viable package that can pass that closely divided body. Last month, the compromise bill was announced.

This package maintains our commitment to the principle that charities are not discriminated against in federal grantmaking procedures while simultaneously ensuring that there are appropriate safeguards against federally funded religious coercion. We have been successful to date in helping craft legislative proposals to meet these goals, and will continue this work until final passage.

Workplace Religious Freedom Act
We continue to work toward securing greater protection for the religious needs of employees in the workplace. Such protections are needed to secure the ability of employees to observe religious holidays and wear religious garb if not already allowed to do so by their employer. While we fell short of securing the passage of this high-priority legislation, real progress was made. We now have the support of Senate Majority Leader Tom Daschle and senior Republican senator Rick Santorum for WRFA. We have also increased the level of interest and participation by the office of Senator Kennedy, who chairs the Senate committee of jurisdiction. Finally, we also concluded negotiations with the AFL-CIO that have settled concerns that they have had about the legislation and that now allows organized labor to support our efforts in this regard. We are now in conversation with business groups to address their concerns, if possible.

Energy Policy
Finally, but prominently, on the legislative agenda is the U.S. Senate's debate over energy policy. The Union's position on this matter stems from a Convention Resolution which recognizes the need and value to reduce U.S. dependence upon oil imports, particularly from Arab countries. Thus, the Resolution supports increased energy production at home (including the full exploration of Alaskan reserves in an environmentally sensitive manner) as well as increased conservation measures (including an increase in auto fuel efficiency, or "CAFÉ", standards). We have made this policy statement available to Senators on both sides of this debate. 

JUDICIAL DOCKET

On February 20, the United States Supreme Court heard oral arguments in the case that will decide the constitutionality of school voucher programs. While one can never predict the outcome of a case from the oral arguments, the session went as well as our side could have asked. The advocates supporting the voucher program did an excellent job and the "swing justices" - O'Connor and Breyer - seemed to be asking questions of a nature that suggested they would like to support our side of this case. For more reaction to the Court hearing, see the JTA story -- http://www.jta.org/page_view_story.asp?intarticleid=10950&intcategoryid=3 A decision will likely be handed down in late June.

The United States Court of Appeals for the Third Circuit will hear arguments in the case of Tenafly Eruv Association et. al. vs. Borough of Tenafly, New Jersey on March 21. This case arises from the decision of Tenafly's town council to deny the new Orthodox residents of that suburb permission to use the town's right of way to establish an eruv. The Eruv Association had obtained permission from Bergen County and the local utility company to erect an eruv and had done so. Tenafly ordered the eruv taken down and the Association sued in federal court for an injunction against this action. The court ruled against the Association, despite recognizing that there was evidence indicating improper intent motivating the Tenafly council. The Third Circuit has issued a stay, allowing the eruv to remain in place pending appeal. The OU/IPA spearheaded an amicus effort in support of the eruv. http://www.forward.com/issues/2001/01.11.16/news3.html Our brief's essential contentions are: 1. that Tenafly's denial of the eruv constitutes a violation of the Free Exercise of Religion rights of the town's Orthodox Jews and 2. that Tenafly's accommodating the Orthodox Jews through allowing the eruv would not violate the Establishment Clause.

• Washington Wire Index

• Recent OU IPA Statements to the Press

• OU.ORG Front Page