The California Department of Education and the Los Angeles Unified School District have agreed to permit religious private schools as potential placements for students with disabilities. This decision stems from a settlement in the case of Loffman v. California Department of Education, where Orthodox Jewish parents contended that the State’s exclusion of religious schools from publicly funded special education placements constituted unconstitutional religious discrimination. The settlement follows an October 2024 ruling by the 9th U.S. Circuit Court of Appeals, which found the State’s nonsectarian requirement likely violated the First Amendment.
Under the agreement, religious schools can now be considered for placements determined by a student’s Individualized Education Program (IEP) team when public schools cannot meet the student’s needs. In such cases, public funding will cover tuition and related services at these religious institutions. Previously, parents who independently placed their children in religious schools bore the full cost and forfeited certain protections under the Individuals with Disabilities Education Act (IDEA) under what was known as the “nonsectarian requirement.” The settlement prohibits the State from enforcing the nonsectarian requirement and bars any appeals.