Jonah McCune
CNA Staff October 28, 2024 / 17:20 PM
The Ninth Circuit Court of Appeals on Monday ruled unanimously in favor of a group of Jewish parents who argued that California discriminates against religious parents and schools by eliminating funding from special education programs. It was decided by consensus.
Beckett, the public interest law firm that represented the parents, said in a press release that the Oct. 28 ruling means California will continue to exclude Jewish families and schools from participating in federal special education programs based on their religion. He said it was clear that he could not. .
“This is a huge victory for California’s Jewish families,” said Beckett Vice President and Senior Counsel Eric Rathbach.
“It was always wrong to cut Jewish children off from receiving disability benefits just because they wanted to protect their faith. The court ruled against California’s bald-face discrimination and did the right thing.” .”
In an opinion written by Justice Kim Wardlow and joined by Justices Morgan Christen and Mark Bennett, the court concluded that “it is easy to conclude that the nonsectarian requirement does not pass the test of neutrality required by the Constitution.” ”.
A group of Jewish parents of children with special education needs filed a lawsuit against the California Department of Education in March 2023. Two Jewish schools also joined, with parents calling on the state to give religious schools equal access to special education funds for their students.
At issue was a provision in California law that limits the spending of federal Individuals with Disabilities Education Act (IDEA) funds and state special education funds on public schools and secular private schools. IDEA funds help pay for staff training, special education programs, assistive technology, and other services.
California law requires that these funds be donated to religiously affiliated private schools, including Catholic schools, Protestant Christian schools, Islamic schools, and Orthodox Jewish schools that the plaintiffs want their children to attend. is prohibited.
Plaintiffs in the case argued that California law discriminates against them on the basis of religion and prevents them from fully exercising their faith. California argues that its rules are necessary to avoid violating the Establishment Clause of the U.S. Constitution and that the state has a compelling interest in maintaining religious neutrality by eliminating all “sectarian” schools. I objected that it was.
The court agreed with the plaintiffs that the nonsectarian requirement burdens families’ freedom to practice their religion by forcing them to choose between receiving public special education benefits and educating their children in an Orthodox Jewish setting. It was recognized that the
Beckett said the court’s decision in Roffman v. California Department of Education joins several recent Supreme Court decisions mandating equal treatment of religious people, including Trinity Lutheran Church of Columbia v. Comer and Espinoza v. Montana Department of Revenue. He pointed out that he was taking this into account. and Carson vs. Makin.
Federal Judge Josephine Staton in the Central District of California originally dismissed the Jewish family’s lawsuit on August 9, 2023. The family then appealed to the Ninth Circuit.
California has 90 days to appeal the latest ruling to the U.S. Supreme Court.
Jonah McKeown is a staff writer and podcast producer at Catholic News Agency. He holds a master’s degree from the University of Missouri School of Journalism and has worked as a writer, public radio producer, and videographer. He is based in St. Louis.
