California, following IDEA, provides families with federal and state dollars to meet their special education needs. However, current California law denies any reimbursement to families with disabled children who attend religious, or what the law calls “sectarian,” schools.
The result is that while nonreligious families with disabled children can attend the school of their choice, religious families cannot.
Families appeal decision
Becket has now appealed the decision on behalf of the Jewish families and schools. The firm maintains that the Supreme Court of the United States “has repeatedly ruled that public benefits made available to private secular groups cannot be denied to religious ones.”
“California is waging an indefensible and needless campaign against kids with disabilities just because they come from religious families,” Eric Rassbach, vice president and senior counsel at Becket, said in a Tuesday press release. “We have asked the Ninth Circuit to strike down this law and ensure that all kids with disabilities receive the care and support they need to thrive.”
“Politicians in Sacramento are denying religious families and schools special education benefits because they won’t renounce their faith,” Rassbach told CNA following the lower court’s ruling.
“The district court’s decision ignores binding Supreme Court precedent and allows this needless campaign against kids with disabilities to continue,” Rassbach said. “California cannot keep depriving vulnerable children of access to the resources that they need to thrive.”
According to Becket, both sides will likely argue their case at the Ninth Circuit this winter.
Peter Pinedo is a DC Correspondent for CNA. A graduate of Franciscan University, Peter previously worked for Texas Right to Life. He is a first lieutenant in the U.S. Army Reserve.