California Court Rules in Favor of Special Education for Disabled Children in Religious Schools
On Monday, a federal court decided to halt a ban preventing children with disabilities from accessing special education funds at religious private schools in California.
For many years, federal funding for special education, laid out under the Individuals with Disabilities Education Act (IDEA), has been available to children with disabilities. The law allows for some of these funds to be used in private schools, but California legislators had long excluded these institutions from participating in the program.
In 2023, Orthodox Jewish parents and school organizations filed a lawsuit against the California Department of Education over this state law. They contended that children should be able to receive an education consistent with Jewish traditions while also meeting their educational needs effectively.
“It’s frankly outrageous that California politicians use religion as an excuse to deny essential educational benefits for children with disabilities,” Nicholas Reeves, a senior adviser to Beckett, a legal organization representing the parents, previously remarked. “It’s completely wrong to keep religious schools out of programs designed to help these children achieve their fullest potential.”
In October, the federal appeals court acknowledged that California was breaching constitutional rights by insisting that only non-religious schools could apply for these funds.
The case has now returned to district court, where California and Los Angeles Unified School District agreed to a court order on Monday. This order permanently forbids them from enforcing the “non-denominational” requirements tied to accessing special education funds.
Beckett celebrated this court decision, stating, “California spent decades treating Jewish children like second-class citizens. Today’s resolution guarantees that Jewish children with disabilities receive the same resources as their peers.”
The California Department of Education did not respond to requests for comments regarding the ruling.
