Orthodox Jewish families win appeal against California for religious discrimination in special ed case

Orthodox Jewish families scored a legal victory when a U.S. Court of Appeals overturned a prior ruling.

In accordance with the Individuals with Disabilities Education Act (IDEA), California allows students with disabilities to attend a private school using state funding – as long as the school isn’t “sectarian,” or religious.

Several Orthodox Jewish families and schools sued the state, saying the nonsectarian requirement is religious discrimination and harming their children.  

Lead plaintiffs Chaya and Loni Loffman tried to pay for their son’s private education themselves, but the special education costs quickly added up. 

“[Our son’s] private school tuition itself is $14,000 a year,” said the mother, Chaya. “His therapies are upwards of $15,000 a year.” 

“California’s policy is wrong because it’s depriving children of the services that they need in the right environment, and ultimately the children are losing out,” she added. 

Another family tried to leave their special needs son in public school, but school staff refused to respect his absences during Jewish holidays or accommodate a kosher diet. 

Rabbi David Block, Head of School at Shalhevet High School, also expressed frustration that Jewish schools were excluded from partnering with the state to serve special needs students.  

“The only reason that we can’t be an eligible school, the only reason that we can’t also take on the special responsibility of working with those students is because we’re religious, because we’re a sectarian school,” Block said. “What a shame that is.”  

While a lower court ruled against the plaintiffs, the 9th U.S. Circuit Court of Appeals sided with the parents, saying the nonsectarian requirement violated the First and Fourteenth Amendments.  

“Religious entities that are equally or better qualified than secular ones to provide special education and related services are disqualified solely because they are ‘owned, operated, controlled by, or formally affiliated with a religious group or sect,’” read the court’s ruling, which was released on Oct. 28.  

“A statutory scheme that requires a family to ‘forgo a sectarian education . . . in order to receive’ special education benefits otherwise available in a private school setting imposes a ‘burden on their free exercise rights.’”  

Though California has 90 days to appeal the case, the plaintiffs are celebrating their victory.  

“This is a massive win for Jewish families in California,” Eric Rassbach, senior counsel at Becket Fund for Religious Liberty and representative of the plaintiffs, said in a press release. “It was always wrong to cut Jewish kids off from getting disability benefits solely because they want to follow their faith.  

“The court did the right thing by ruling against California’s bald-faced discrimination.”