The state of California agreed in federal court Monday to stop barring children with disabilities who want to attend religious private schools from receiving special education funding.
For decades, children with disabilities have been able to access federal funding for free special education and related services under the Individuals with Disabilities Education Act (IDEA). The federal law allows some of this funding to be used in private schools as well, but California lawmakers had, until this week, disqualified religious private schools from access to this program.
A group of Orthodox Jewish parents and schools first brought a lawsuit against the California Department of Education in 2023 over this state law, which barred them from receiving IDEA funds to send their kids to Orthodox Jewish schools.
The parents argued that their children should be able to receive an education that is in line with their Jewish traditions and beliefs while also providing a quality education that meets their needs.
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“It’s outrageous that California politicians are using religion as an excuse to deny special education benefits to kids with disabilities,” Nicholas Reaves, senior counsel for Becket, a legal group representing the parents, previously told Fox News Digital. “Excluding religious schools from programs which help these children reach their full potential is just plain wrong.”
In October, a federal appeals court agreed, declaring that California was violating the Constitution by requiring schools to be non-religious for families to apply for these funds.
The case returned to district court. On Monday, California and the Los Angeles Unified School District agreed to a court order that permanently prohibits them from enforcing a “nonsectarian” requirement to access the special education funding.
Becket hailed the court victory in a press release.
“California spent decades treating Jewish kids like second-class citizens. Today’s settlement ensures that Jewish kids with disabilities can access the resources they need and deserve—just like everyone else,” Eric Rassbach, vice president and senior counsel at Becket, said in a statement.
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The California Department of Education did not return a request for comment.
Fox News’ Kendall Tietz contributed to this report.
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