California parents sue over law preventing religious schools from using state funds for special ed students
As Orthodox Jews, the parents argue the law is an unconstitutional infringement on their religious liberty
{{#rendered}} {{/rendered}}Jewish parents are fighting over a California law they say explicitly prevents students with disabilities from receiving equal access to education funding and benefits at religious schools in the state.
Oral arguments were heard in Loffman v. California Department of Education earlier this month at the U.S. District Court for the Central District of California over the case brought by a group of orthodox Jewish parents and schools fighting what they believe is a discriminatory law that hurts the educational goals of their children with special needs.
The Becket Fund for Religious Liberty, with the support of the Orthodox Union, the nation’s largest Orthodox Jewish umbrella organization, are fighting on behalf of the parents' religious liberty, which they believe is protected under the federal law, Individuals with Disabilities Education Act (IDEA), which ensures funding for children with disabilities so they are able to receive an education that meets their unique needs.
{{#rendered}} {{/rendered}}The Becket Fund for Religious Liberty, with the support of the Orthodox Union, the nation’s largest Orthodox Jewish umbrella organization, are fighting on behalf of the parents' religious liberty. (Becket Fund)
"It’s outrageous that California politicians are using religion as an excuse to deny special education benefits to kids with disabilities," Becket council, Nicholas Reaves, told Fox News Digital. "Excluding religious schools from programs which help these children reach their full potential is just plain wrong."
"All children with disabilities deserve a quality education that is designed to help them thrive—even if they go to a religious school," he added. "We asked the Court last week to strike down California’s unconstitutional rule and ensure that safe, compassionate learning environments are available to all."
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{{#rendered}} {{/rendered}}The federal law funds provided for students with disabilities help pay for services like the cost of staff training and special education programs and assistive technology so they are afforded a free and appropriate education at a private school if public schools are not suited to their needs.
The parents want their children to receive a quality education that is in line with their orthodox Jewish traditions and beliefs. (Becket Fund)
As members of the Orthodox Jewish community, plaintiffs Chaya and Yoni Loffman, Fedora Nick and Morris Taxon, and Sarah and Ariel Perets argue their faith compels them to send their children with disabilities to Orthodox Jewish schools, but they say the California law prevents them from even applying to participate in the program to receive IDEA funds at private religious schools.
{{#rendered}} {{/rendered}}The parents argue that their children should be able to receive an education that is in line with their Jewish traditions and beliefs while also providing a quality education that allows them to reach their full learning potential, which they believe can be provided at Shalhevet High School and Yavneh Hebrew Academy in Los Angeles.
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Nearly 60 percent of Californians believe the government should provide money for children with disabilities to attend whichever school is best equipped to serve each child, regardless of the school’s religious or secular identity, according to a poll conducted by the Becket Fund. (Becket Fund)
"We want to educate our son in a safe, supportive learning environment that meets his unique needs and upholds our shared religious beliefs," Chaya and Yoni Loffman, Jewish parents of a child with disabilities in Los Angeles, said. "Unfortunately, California is forcing our family to choose between raising our son in our faith tradition and providing him the help he needs to reach his full potential."
{{#rendered}} {{/rendered}}In February, the Becket Fund for Religious Liberty conducted polling to analyze how both Americans and Californians believe children with disabilities are best served and 59 percent of Californians and 62 percent of Americans said government should provide money for children with disabilities to attend whichever school is best equipped to serve each child, regardless of the school’s religious or secular identity.
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The California federal district court is expected to come to a decision in the coming months. The California Department of Education did not return Fox News Digital's request for comment.
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