California has agreed to end its long-standing ban on using public special education funds for students with disabilities who attend religious private schools.
The decision came on Monday as part of a court settlement, after a federal appeals court ruled last year that the state’s policy violated the Constitution.
Under the federal Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to free special education services. The law allows some of this funding to be used in private schools. However, for decades, California excluded religious schools from this funding.
In 2023, a group of Orthodox Jewish parents and religious schools filed a lawsuit against the California Department of Education. They said the law blocked them from getting necessary support for their children in Orthodox Jewish schools.
The parents argued that their children deserved access to an education that respects their religious beliefs and meets their educational needs.
“It’s outrageous that California politicians are using religion as an excuse to deny special education benefits to kids with disabilities,” said Nicholas Reaves, senior counsel at Becket, the legal group representing the families. “Excluding religious schools from programs that help these children reach their full potential is just plain wrong.”
In October, a federal appeals court sided with the parents. The court said the state’s rule requiring schools to be non-religious in order to access funds was unconstitutional.
After the ruling, the case returned to a lower court. On Monday, the state of California and the Los Angeles Unified School District agreed to a permanent court order. The order bans them from enforcing the rule that schools must be non-religious to qualify for IDEA funds.
Becket celebrated the outcome.
“California spent decades treating Jewish kids like second-class citizens,” said Eric Rassbach, vice president and senior counsel at Becket. “Today’s settlement ensures that Jewish kids with disabilities can access the resources they need and deserve—just like everyone else.”
The California Department of Education did not respond to a request for comment.
