In a landmark decision, a federal appeals court has ruled that California’s exclusion of religious schools from accessing state-administered special education funds violates federal law, delivering a major victory for Orthodox Jewish families who have long sought equal access to education resources for their children with disabilities.

In a 3-0 ruling on Monday, the 9th Circuit Court of Appeals determined that California’s restriction, which prohibits funds for children with special needs from being used at religious private schools, fails the neutrality test under federal law. The decision was authored by Judge Kim Wardlaw, with Judges Morgan Christen and Mark Bennett concurring. “We easily conclude that the nonsectarian requirement fails the neutrality test,” wrote Judge Wardlaw in the opinion.

The ruling centers on the federal Individuals with Disabilities Education Act (IDEA), a law passed in 1975 to ensure that children with disabilities receive appropriate education. IDEA provides federal funding to states for special education programs in public schools and allows this funding to be used in private institutions when public schools are unable to meet the children’s needs. However, California’s interpretation of the law has historically barred religious schools from receiving these funds, impacting families who wish to send their children to faith-based institutions.

The issue first reached the courts in 2013, when Becket Law filed a federal lawsuit on behalf of Orthodox Jewish families in California. The plaintiffs argued that religious schools should be eligible to receive critical support to accommodate students with disabilities, allowing families to make educational choices aligned with their faith. The case faced a setback in August 2023, when a district court ruled against them.

Becket appealed the decision, and on October 28, 2024, the 9th Circuit delivered a favorable ruling, sending the case back to the district court for further proceedings. California now has 90 days to appeal the ruling to the Supreme Court.

“This is a massive win for Jewish families in California,” said Eric Rassbach, vice president and senior counsel at Becket. “It was always wrong to cut Jewish kids off from getting disability benefits solely because they want to follow their faith.”

Rassbach emphasized the significance of the decision, saying, “California politicians are depriving children with disabilities the resources they deserve just because they are Jewish. The court was right to rule against the state’s blatant religious targeting. This is a massive victory for religious freedom and a resounding message to California: Faith can’t be a barrier to educational rights.”

Maury Litwack, founder of Teach Coalition, an initiative of the Orthodox Union (OU) that advocates for equitable funding for Jewish day schools, hailed the ruling as a turning point. “Today’s unanimous 3-0 ruling has confirmed that California has long been violating the law by discriminating against religious parents and schools in its special-education programs,” Litwack said. “This is a game-changing moment for our community and for religious families of children with disabilities everywhere—not only requiring change in the state of California but holding nationwide implications as well.”

The ruling is expected to have far-reaching consequences, not only for religious families in California but also for similar cases across the United States, where access to state-funded resources in religious institutions remains a contentious issue.

“Agudath Israel has spent decades advocating on the federal, state and local level for greater access of special education funding and services to families choosing Jewish day schools,” said Rabbi A.D. Motzen, Agudath Israel’s national director of government affairs. “We will continue to fight in Congress, statehouses and courthouses for these students and their families.”

“It is essential that laws that are discriminatory or deny rights afforded to religious citizens by the Constitution are challenged,” said Mr. Kaminetsky. “Agudath Israel will always act to ensure these rights are not abrogated.”

(YWN World Headquarters – NYC)