What happens when an observant Jewish family in California, raising four school-age children, learns that their youngest child has autism and needs intensive special education services? Until recently, their options were severely limited. They could either:
1. Enroll their child in a public school — one that might not align with their religious beliefs and create logistical problems, or
2. Relocate to a state where federal special education funds can be used at private Jewish day schools.
Now, thanks to a landmark legal settlement announced on May 19, a third and better option exists in the Golden State.
The case, Loffman v. California Department of Education, was brought by three Orthodox Jewish families, along with two Jewish day schools: Shalhevet High School and Yavneh Hebrew Academy. These schools expressed interest in providing special education services to students with disabilities. The defendants in the case were the California Department of Education and the Los Angeles Unified School District (LAUSD).
The outcome of the case has created a new pathway for private religious schools — including Jewish day schools—to qualify for federal funding under the Individuals with Disabilities Education Act (IDEA). First enacted by Congress in 1975, IDEA was designed to ensure that children with disabilities have access to a Free Appropriate Public Education (FAPE), just like their nondisabled peers. Services covered under IDEA include speech and occupational therapy, assistive technology, and the development of Individualized Education Plans (IEPs).
While IDEA has always permitted some of its federal funds to be used at private schools, California excluded religious institutions. This meant that nonreligious private schools could access these resources, but Jewish day schools could not, which was discriminatory.
The plaintiffs were represented by Becket, a nonprofit law firm focused on protecting religious freedom for people of all faiths. Becket partnered with Teach Coalition, a division of the Orthodox Union, which coordinated advocacy efforts and rallied public support.
“For too long, California has discriminated against children with disabilities simply because of their faith,” said Daniel Mitzner, director of Government Affairs at Teach Coalition. “This settlement puts that injustice to an end and ensures that Orthodox Jewish families can access the same disability funding as everyone else.”
The legal battle was not easy. Becket filed the lawsuit in March 2023 in the U.S. District Court for the Central District of California. In August 2023, the district court ruled against the families and religious schools, upholding California’s exclusion of religious institutions from IDEA funding.
Undeterred, the plaintiffs appealed to the Ninth Circuit Court of Appeals. On October 28, 2024, the appellate court unanimously ruled 3-0 in favor of the families. Writing for the court, Judge Kim Wardlaw concluded that California’s policy violated constitutional principles of religious neutrality. Judges Morgan Christen and Mark Bennett concurred. The court found that excluding religious schools from receiving IDEA funds “fails the neutrality test” required by the First Amendment.
With this ruling in hand, the case was sent back to the district court to finalize its implementation. The May 2025 settlement is now poised to reshape how special education is delivered to students in religious schools across the state.
However, even as we celebrate this important legal victory, dark clouds are gathering on the national special ed horizon. The Trump administration has proposed dismantling the U.S. Department of Education, which oversees IDEA implementation. The plan would transfer IDEA responsibilities to the Department of Health and Human Services (HHS), which is already facing proposed cuts of up to $40 billion and the elimination of 10,000 staff positions, according to an April 2025 Washington Post report.
As a longtime parent and advocate for children with disabilities, I view this California settlement as a breakthrough — but one that must be protected. We need a strong, united coalition of parents, educators, and community advocates to resist potential federal cuts that could undermine the progress made through IDEA and threaten services for our most vulnerable children.
This moment calls for both celebration and vigilance. With continued advocacy we can ensure that Jewish children, regardless of ability, receive the education and support they deserve — in schools that honor both their learning needs and their religious identity.
Michelle K. Wolf is a parent disability advocate and the Founding Executive Director of JLA Trust & Services https://jlatrust.org/
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