California Lifts Restrictions on Special Education Funding for Religious Schools

The state of California has reached a significant agreement in federal court, allowing children with disabilities who wish to enroll in religious private schools to receive special education funding. This development represents a pivotal change in the state’s approach to educational access for children with disabilities.

For decades, federal law has provided children with disabilities access to special education resources and related services under the Individuals with Disabilities Education Act, or IDEA. Traditionally, families could utilize these federal funds for both public and private schools. However, California’s previous regulations disqualified religious private schools from participation in this program, which was a point of contention for many families.

The Lawsuit that Sparked Change

A group of Orthodox Jewish parents, along with several religious schools, initiated a lawsuit against the California Department of Education in 2023. Their primary concern stemmed from the denial of IDEA funding for children needing special education while attending Orthodox Jewish institutions. The parents argued passionately that their children deserved an education that reflects their religious traditions while still meeting their academic needs.

Legal Advocacy and Public Response

Nicholas Reaves, senior counsel for Becket, the legal organization representing the parents, expressed outrage at the state’s previous policies. He criticized California politicians for citing religion as a justification for denying special education benefits to children with disabilities. Reaves emphasized that excluding religious schools from these vital programs limits children’s potential and is fundamentally unjust.

In October, a landmark ruling by a federal appeals court indicated that California’s regulations were unconstitutional. The court found that the state violated the rights of families by enforcing a requirement for schools to be non-religious in order to qualify for special education funding.

The Court’s Recent Decision

The case was subsequently sent back to district court, where, on Monday, California and the Los Angeles Unified School District agreed to a court order. This order permanently prohibits local authorities from enforcing the previous