Day Schools Grapple with Ethical Challenges (Winter 2015)

Menahem Meier reflects on principles that illuminated his career and guided him as he founded The Frisch School.

Menahem Meier, who served as founding principal of The Frisch School, Paramus, NJ and Long Island Hebrew Academy, Great Neck, NY, lives in Teaneck, NJ with his wife, Dr. Tzipora Meier. He now studies Torah with retirees at Torah in the AM, Congregation Keter Torah (Teaneck, NJ).

It is now forty-four years since the founding of The Frisch School in Paramus, NJ. I was under the age of 30 when a group of leaders in Bergen County invited me in 1971 to serve as the founding principal of The Frisch School. I was just completing four years as the associate principal of Maimonides School, Brookline, MA, founded by Rav Joseph D. Soloveitchik, zz”l. The leaders I met projected a co-educational secondary school that would provide a strong education and offer a Torah studies track for students from public school. These were the three elements of my mandate: high educational standards in a coeducational setting with an entry path for public school students.

The digital age of electronic communication, computers, smart boards and social media should not obfuscate the need for true leadership or to allow the focus on technology to supplant a vision. Education needs a leader with both the vision and courage to implement that vision today more than ever.

Concentric circles: the participants in the process

At the center of the inner circle are the students, the raison d’etre of any school or yeshiva. Every group making decisions (administration, faculty or the board and its committees) must ask itself – does the decision promote student weal or, at least, not ignore the well-being of the student body. The root ethical principle for a school is that the students must always be viewed and treated as the center of the school. The first outer circle consists of the faculty who must embrace their mission to engage the mind and hearts of their students, and to inspire them through their discipline. The next outer circle consists of the parents who selected the school for their children. Two-directional communication between the school and parents is critical. The administration must share its plans for new initiatives and education programming with parents; parents should be listened to, even if the final decision rests with the Board, administration or faculty. The outer of the concentric circles consists of the Board of Directors and its committees. This group, responsible for promoting the mission of the school and its financial health, must be in direct communication with the administration of the yeshiva. This communication also needs to be two-directional; the board should listen to the concerns of the administration and the administration to the concerns of the Board! The mission of the school should always guide the deliberations of the Board and the professional administration.

There is no distinct circle for guidance and programming staff. These professionals work closely with students, often listening creatively to the students’ thoughts and feelings. They serve an important role in the school, supporting the students and promoting the mission of the school.

There is also no separate circle for security and maintenance personnel. While they serve a critical role in the operation of the school, they are not involved in the education of students. The guidelines they should be given are two-fold: always be respectful of the students and never allow the boundary between them and the students to be blurred.

The students

Students need a handbook so they know what is expected of them. A handbook serves both as a guide for the students and a protection from erratic demands of faculty or administration. Yet, it is important for a school administration to recognize that the rules are for the school day and that a school does not govern a student outside of school. A student’s freedom outside of school should be honored except if it contravenes the law.

Some may not agree with the last point, therefore an explanation is in order. Students spend four years in high school and then, after commencement, they will have the freedom to live according to halakha or not. A Yeshiva high school should not deny students that freedom outside of school, rather it should cultivate a desire within the student to live in accordance with Torah during the four years of secondary school because eventually the student will be graduated from school and then have to make decisions for himself/ herself. If a high school invades the private lives of students and seeks to control them outside of school, then they may reject the strictures of Torah at the very first opportunity. In other words, it would be myopic for a yeshiva high school to seek to “win the battle” but risk “losing the war.” God granted Jews freedom; schools should do no less.

Nobody enjoys restrictions on personal freedoms. The Soviet Jews revolted against the irrational restrictions on Jewish expression in the FSU. The Puritans sought freedom from the restrictions of the Anglican Church. Students will seek freedom from what they perceive as undue restrictions on their private lives. God gave men and women freedom, and schools should communicate to their students that their freedom to choose a Torah life is paramount.

On a totally independent note, it is abundantly clear that a school has to serve its students properly. This means that it should have appropriate educational programs for the students it admits. If these include gifted students, the school must have academic programs for them. If these include challenged students, it must have special programs for them, however a private school may have admission standards, excluding academically challenged students for whom it does not have the resources to develop a program. Every school can establish its mission and identify a target audience, provided that it does not practice illegal discrimination. That being said a school that tries to be “everything to everyone” is destined to be “nothing to no one.” For a school to succeed it must define its mission and the population it serves, and then adhere closely to that mission.

It was already stated that the root principle of a school is that the student weal is paramount. This principle, however, does allow a school to compromise its integrity. The yeshiva should never surrender the moral high ground. For example, if a parent, even one who serves on the Board or is a benefactor, requests that the student’s transcript be modified (i.e., doctored) so that the student can be considered for an honors program at a college, the school has to decline politely without conveying a sense of righteous indignation.

If, however, a student misses three months of school because of treatment for an injury or post-surgery recovery, the school should treat this much as the Torah treats cases of force majeure. The student should not be penalized, and requirements should be adjusted so that the student does not lose a semester or a year. This is the correct response to cases of student incapacity due to illness – either physical or emotional.

Furthermore, when a school seeks to advance the candidacy of a student for college admissions or for admission to a yeshiva in Israel, the school’s integrity should prevail. Consider a student with a history of anorexia who applies to a school in Israel, and whose parents request that the administration conceal the illness from the admissions office in Israel. The high school administrator should encourage the student to disclose his/her struggle with anorexia, and, after such disclosure, the high school administrator should encourage the admission officer in Israel to alleviate any fears by discussing the matter with the applicant’s psychologist (after permission has been granted.) The parents might add that the student will continue meeting with a professional in Israel for the eating disorder. If asked about mental health issues about students, for the sake of the adolescent the school should never conceal such matters from the admissions officer. If the Israeli yeshiva knows about a condition, it is in a better position to protect the safety and well-being of the student. Disclosure of health issues, where relevant, promotes the well-being of a student and attests to the integrity of the high school. (Disclosure is only permissible with the consent of the student and parents.)

A real ethical test for students may surface during the post-high school year in Israel. Imagine the student requested to defer his/her admission to an Ivy League college to study Torah in Israel. The college grants permission if the student signs a pledge to attend the college upon returning from Israel and not to seek admission to another college in the interim. The student committed to the terms of the deferral but in the course of the year has second thoughts about the Ivy League college and now prefers to attend a college (YU/Stern) where he can continue his Torah education. What should the student do? He often will consult his high school principal who may have guided him to seek a deferred admission to college. Now the high school principal confronts an ethical dilemma: should he/she guide the student to honor his pledge to the college or pursue a Torah education at YU.

The ethical response is clear when one recalls the Talmud’s treatment (Nedarim 65a) of God’s mission to Moshe, “Come, therefore, I will send you to Pharaoh and you shall free My people, the Israelites, from Egypt.” There could hardly be a loftier calling than this divine mission? Yet, Moshe first goes to his father-inlaw, Yitro, to seek absolution from the oath that he made, pledging not to go back to Egypt (cf. Rashi, Exodus 2:21 and 4:18). It is only after Yitro releases Moshe from the oath that Moshe returns to Egypt to speak with Pharaoh.

The application of this principle seems rather straightforward, yet students and even his high school faculty may not recognize the student’s clear responsibility to honor his pledge. He may certainly request the college to release him from the commitment. However, if the college refuses to do so, he is obligated to attend the college according to the terms of the pledge. To violate the pledge is both a hillul HaShem and harmful to other students who may request deferred admission in the future.

Expelling a student from a yeshiva should never be taken lightly; it is never a “no-brainer.” The Jewish future of a young student and his offspring is at stake. Everyone, including adolescents, can make a mistake. Our tradition teaches that people, including high school students, deserve a second chance. Hence, even if a student was identified as a marijuana user, he should not be immediately expelled. He should receive counselling and allowed to continue at the yeshiva if he pledges to discontinue his use of illegal drugs. This is the approach for any individual infraction, one that does not contaminate the environment for others. Providing a second chance is the Torah’s approach!

By contrast, however, if a student makes illegal substances available to others in the school, thereby making what should be a safe environment unsafe, the administration must act, with the well-being of the student body in mind, and expel the provider of illegal substances. Parents enroll their children in a yeshiva for multiple reasons, one of which is that it offers a safe environment. The administration is charged to protect the environment of the yeshiva, to preserve the “sanctity” of the halls of Torah learning and living.

If a student is failing in his academic program, after attempts throughout the year to bolster him/her have not yielded results, the student is in the wrong school. He/she needs to find an academic facility that can lead to success. Academic failure is demoralizing and depressing; academic success contributes to a positive self-image. A principal must speak with the parents of a failing student and direct them to a different academic program, one that will be good for the student. Again student weal is the key consideration.

The curriculum

The elements of a yeshiva high school curriculum convey much to students in a subtle way. If, for example, there is little or no Tanakh in the curriculum, the students will get the message. So too, if there is no developed Hebrew language program, the students will conclude that Hebrew is not that important. A well-balanced Torah-studies curriculum is evidence of the administrator’s keen awareness of the rich tapestry of the diverse elements of our Torah. This requires a vision and leadership to avoid embracing the curriculum of an almost exclusive focus on Talmud for boys or a virtual exclusion of Talmud for girls. The varied curriculum also communicates an awareness of and appreciation for the differing souls of students – some who might prefer only rigorous Talmudic study but would benefit from the spirituality of biblical texts such as Isaiah and Psalms, and others who favor Tanakh but need to recognize the rigorous dialogue of the halakhic debates in the Talmud.

There are other aspects of the Torah studies curriculum that are less subtle but require leadership. The curriculum of the modern yeshiva high school includes Torah, Nakh, Talmud and Hebrew language and literature. Especially in Torah studies, where no standardized curricula exist, school leadership needs to provide the teachers with a syllabus for each course, which should include a “critical mass” of material.

Projecting the syllabus and distributing it to faculty is only the first step in the process. The second step is for the administration or department chairpersons to supervise the implementation of the syllabus. A Gemara teacher might, for reasons of his/her own want to devote the year to four dapim intensely or a Tanakh teacher might want to study only six chapters of Isaiah during the year. This is inappropriate for the student in a 21st century yeshiva high school, who should sense the breadth of the texts. Occasional depth may be encouraged, but not at the expense of the “critical mass.”

It is absolutely vital to supervise teachers – both for the quality of their instruction and their adherence to the curriculum. As an administration cannot supervise an entire faculty, it is important to have department chairpersons to coordinate the syllabus for the teachers, supervise the actual instruction and ensure faculty adherence to the syllabus.

Virtually all Torah educators would agree that Torah study should be a life-long pursuit, irrespective of age or financial circumstances. There is another element of the curriculum that absolutely should also be a life-long pursuit, namely, physical education that should inspire students to continue exercise throughout life. As such, the role of physical education in schools is to expose the students to various types of physical activities with the hope that each student will embrace a form of exercise that he/she finds rewarding. There is a need to emphasize this point for yeshiva education. Our mesorah teaches (Berakhot 32b citing Deut. 4:15) that a religious Jew is to avoid physical dangers and promote physical health. A healthy body facilitates the pursuit of “wisdom and Torah.” (Rambam, MT, h. Teshuvah 9:1) With all the medical evidence available today, one cannot gainsay the benefits of exercise for both physical and mental health. To this end, every yeshiva should find appropriate time in the schedule for meaningful physical activity during the course of the school week.

The faculty

I recall inviting a representative of the NJ Department of Education to deliver the keynote address at a Frisch commencement exercises. The individual, the head of non-public school education in NJ, asked me what qualities I seek in teachers. I immediately responded that I look for three qualities:

  1. A person who conveys passion for his/her discipline
  2. An individual who communicates effectively
  3. One who likes adolescents

Expecting me to tell him that I look for advanced degrees or a license, he responded that he wishes that NJ could focus on those three requirements. They embody the essence for good teaching. Was I always successful? Regretfully not, but this was my opening position in meeting candidates seeking a teaching opportunity. It is not easy to tell a teacher that his/her contract will not be renewed, especially if the teacher is the sole source of income for a family with young children. The principal might view the teacher as a needy individual and find it difficult to be seen by other faculty members as callous or indifferent to the needs of a teacher. The ethics of the situation are clear; since the school exists for the students, an inferior teacher should not be rehired! A principal cannot make decisions with his/her popularity in mind; decisions should reflect his integrity. Before dismissing a teacher, however, it is important that the principal or department chairperson communicate areas of needed improvement to the teacher in the course of the year. Such meetings should be documented, citing the specific areas of weakness.

While education is generally a cerebral activity, Torah instruction, in particular, also requires, to the extent possible, charisma or inspiration. Not every teacher can be inspirational or charismatic; however, students should ideally encounter several such teachers in the course of their high school experience. There is a myth about teachers today that younger teachers can best reach students. Nothing could be further from the truth. I recall with affection my rebbi as I was growing up, Rav Shlomo Kahn, zz”l, who started his teaching career at Frisch when he was about 50 and continued to teach until his death at age 74. Students gravitated to his classroom to talk with him during breakfast time and recess. He showed respect for his students and that respect was reciprocated exponentially. He listened to them and they asked him for advice. Even after his death they continued speaking of him with great respect and affection.

To be sure, a sample of one could be seen as an exception to the rule; this is not an argument against appointing young teachers to a faculty. Rather, the argument here is for a school to have a balance – some young eager teachers and some experienced learned teachers so that students will gravitate to a teacher that he/she admires. The sole point is that both young and seasoned teachers can exude energy in the classroom and a school administration should appoint both to its faculty.

The teachers have to understand that inadequate or poor preparation for a class is unacceptable. In fact, Rabbi Yosef Karo (Shulhan Arukh,YD 245:17) invokes the biblical verse, “Cursed be he who is slack in doing God’s work “(Jeremiah 48:10) to a teacher who is lax or slovenly in his preparation. Yes, teaching children is doing God’s work and anyone who selects teaching as a vocation must realize his/her opportunity and responsibility. Teachers must be punctual and utilize, not waste, class time. Teaching is a calling and the teacher should be held to standards of doing God’s work, including showing respect for students. (“May the honor of your student be as dear to you as your own,” Avot 4:15)

While every faculty member needs to appreciate that the school exists solely for the sake of students, the school should treat its faculty as professionals, i.e., with competitive salaries (based on experience and education) and benefits. The task of the school administrator is to promote the professional treatment of the faculty. Teachers get to know their students through the dynamic exchanges in the classroom. A teacher can learn about how to motivate a wide-range of students through the classroom experience. Students also can gain insights into the humanity of their teachers from the classroom encounter. For these reasons and others, it is important for a principal to teach at least one section of students every year. The principal is supposed to be the main or head teacher, hence the word, principal. Both students and principal are beneficiaries when the two interface in the classroom.

Courage tempered with wisdom

To be courageous does not mean to be fool-hardy; it means working with different parties to gain their confidence. It means to lead artfully, skillfully and delicately, with unwavering conviction. Courage means knowing the difference between winning every battle and working towards a victory down the road. It also means accepting occasional setbacks and delays graciously. It may also mean accepting an occasional defeat with equal grace. The key point for a leader to understand is that he/she is not lacking in courage if he/she does not see every issue as absolutely critical with no room for compromise. A leader keeps his/her eye on the target and may have to inch forward incrementally or through detours until he/ she arrives at the realization of his/her vision.

It is critical for leaders to communicate their vision to others in their orbit! They must discuss their views with the Board, parents, faculty and students and they also must listen to the thinking of the others. Courage means having the inner strength to listen to others. Leaders must have profound wisdom to help them navigate the potentially tempest conditions leading to the fulfillment of the vision.

May the leader of the school realize the words of the Psalmist (111:10): “The chief part of wisdom is the fear of God; all who practice it gain sound understanding.”