California Settles Lawsuit, Opens Door for Public Funding of Religious School Tuition for Students with Disabilities
California will now allow students with disabilities to use public funds to attend private religious schools, following a significant legal settlement that could have far-reaching implications nationwide.
Background: Lawsuit Sparked by Orthodox Jewish Parents
The case began when a group of Orthodox Jewish parents filed a lawsuit against the state of California. The parents argued that their children, who have disabilities, were being denied access to religious education because the state’s funding program for students with disabilities excluded religious schools. Under the previous policy, public funds could only be used for nonsectarian private schools, effectively barring families seeking a religious education for their children from participating in the program.
Ninth Circuit Ruling: Religious Schools Cannot Be Excluded
The legal battle escalated to the Ninth Circuit Court of Appeals, which issued a pivotal ruling. The court determined that if California provides public funding for private school tuition, it cannot exclude religious schools from the program. The decision was based on the principle that such exclusion would violate the constitutional rights of families seeking religious education for their children.
Settlement and Policy Change
Rather than continue the legal fight, the state of California agreed to settle the lawsuit. As part of the settlement, the state will no longer enforce the ‘nonsectarian’ requirement for its special education funding program. This means that students with disabilities can now use public funds to attend private religious schools, provided they meet the program’s other eligibility criteria.
Potential Nationwide Impact
Legal experts note that the settlement could have nationwide implications. Other states with similar restrictions may face legal challenges, and the case could influence how public funding is used for private education across the country.
For more details, you can read a detailed article on Friendly Atheist.
