California has agreed to stop excluding Jewish schools from receiving special education funding for children with disabilities. This decision came after a federal court settlement reached today. For years, Orthodox Jewish parents wanted to send their children with disabilities to Orthodox Jewish schools that could better serve their needs. However, California politicians banned the use of certain special education funds at religious private schools. Meanwhile, these funds were available to families whose children attended many non-religious private schools, including costly out-of-state boarding schools.
The case, Loffman v. California Department of Education, was brought by Jewish parents and schools to challenge this religious discrimination. In October 2024, the Ninth Circuit Court of Appeals ruled in favor of the plaintiffs. As part of today’s settlement, California and the Los Angeles Unified School District agreed to a permanent court order. This order forbids excluding Jewish children and schools from special education funding.
The Individuals with Disabilities Education Act (IDEA) is a federal law designed to ensure children with disabilities receive education suited to their needs. IDEA provides federal funds to states like California for special education programs in public schools. However, public schools sometimes cannot meet all students’ needs. Therefore, federal and state laws allow some funding to be used at private schools that offer the necessary support.
In California, religious schools were excluded from this funding, leaving religious families without the option to choose a school that best fits their child’s needs. This policy forced many families to move out of state to find adequate support for their children.
Several Orthodox Jewish parents, including Chaya and Yoni Loffman, Fedora Nick and Morris Taxon, and Sarah and Ariel Perets, have children whose needs are not met by California’s public schools. These families sought the same opportunities available to others: to place their children in private schools that can serve them best. Jewish schools such as Shalhevet High School and Yavneh Hebrew Academy, known for their quality education, were barred from receiving state-funded special education services.
The Orthodox Union’s Becket and Teach Coalition helped challenge California’s unlawful religious discrimination. Thanks to their efforts, religious parents and schools can now access special education funding equally. According to a recent poll, most Californians support this outcome.
