Lawsuit Against California’s Funding Policy for Special Education in Religious Schools Revived
Background
A lawsuit filed by Orthodox Jewish families, represented by two religious schools and three parents whose children have autism, against the California Department of Education and the Los Angeles Unified School District, was revived this week by a 9th Circuit Court of Appeals panel. The lawsuit challenged California’s policy of refusing to fund special education programs at religious schools.
The Lawsuit
The parents sought to send their children to Orthodox Jewish schools, arguing that the state’s policy of barring funding for religious institutions was discriminatory. They claimed that the policy disproportionately harmed Orthodox Jewish families and children with disabilities, forcing them to choose between their religious beliefs and their children’s educational needs.
The Panel’s Decision
Judge Kim Wardlaw, writing for the panel, ruled that California’s requirement burdens the families’ free exercise of religion. The panel’s decision sends the case back for reconsideration to a federal court that had previously rejected it.
Attorney’s Reaction
Attorney Eric Rassbach, who represents the families in the lawsuit, called the court’s decision a "massive win for Jewish families in California." He stated, "It was always wrong to cut Jewish kids off from getting disability benefits solely because they want to follow their faith. The court did the right thing by ruling against California’s bald-faced discrimination."
California’s Argument
The California Department of Education argued that the state’s nonsectarian requirement was necessary to uphold the "principle that the government must be neutral toward and among religions." They claimed that without this requirement, local district officials would wield significant power to direct students to their favored religious institutions.
The 9th Circuit’s Ruling
Wardlaw wrote that the state failed to show that its nonsectarian requirement is "narrowly tailored to serve" the interest of religious neutrality. She added that it puts parents in the position of being forced to choose between an education for their disabled children and their religion.
Implications
The ruling has significant implications for religious institutions and families across the United States. Teach Coalition, a group that helps secure government funding for Jewish day schools, hailed the decision as a major victory for religious liberty.
FAQs
Q: What is the dispute about?
A: The dispute is about the California Department of Education’s policy of refusing to fund special education programs at religious schools.
Q: Who is involved in the lawsuit?
A: The lawsuit is filed by two religious schools and three Orthodox Jewish parents whose children have autism.
Q: What is the ruling?
A: The 9th Circuit Court of Appeals panel reversed a previous decision and ruled that California’s policy burdens the families’ free exercise of religion.
Q: What does the ruling mean?
A: The ruling means that the case will be reconsidered in federal court and could have significant implications for religious institutions and families across the United States.
