3-0 Ruling Finds That California is Discriminating Against Religious Parents and Schools By Denying Access to Special Education Funding

Verdict Represents “Game-Changing Moment” For Religious Families of Children with Disabilities

San Francisco, CA (October 28, 2024) – Teach Coalition, an initiative of the Orthodox Union, today hailed the United States Court of Appeals for the Ninth Circuit’s unanimous ruling finding that California is violating the law by preventing religious schools from becoming state-certified special needs schools. The ruling is a major victory for religious liberty, and creates a new educational horizon for students who have been denied equitable access to special education resources for far too long.

“Today’s unanimous 3-0 ruling has confirmed that California has long been violating the law by discriminating against religious parents and schools in its special-education programs,” said Teach Coalition CEO and Founder Maury Litwack. “This is a game changing moment for our community and for religious families of children with disabilities — not only requiring change in the state of California but holding nationwide implications.”

The Teach Coalition supported these efforts in conjunction with the Becket Fund for Religious Liberty, who represented the plaintiffs in Loffman v. California Department of Education, in which Jewish parents of children with special needs, as well as Jewish schools, challenged California’s law that has long prevented them from accessing the resources it needs to support its special needs community. These efforts were also done in partnership with the Jewish Federation Los Angeles.

The plaintiffs successfully argued that the Individuals with Disabilities Education Act (IDEA), a federal law intended to ensure that children with disabilities receive an education that meets their unique needs, should also apply to religious schools in California. IDEA provides federal funding to states, including California, for special education programs in public schools. But public schools cannot always meet the needs of students with disabilities, so federal and state law allows that funding to be used at private schools that can provide this critical support.

California now has 90 days to appeal the decision to the Supreme Court.

Contact:

Rebecca Zisholtz; Teach Coaltion

973-280-7582

zisholtzr@teachcoalition.org