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Education Law,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Oct. 29, 2024

State can't discriminate against disabled kids in private schools, 9th Circuit rules

The state requires that to receive the funds, a school must be nonsectarian, prompting a lawsuit by Orthodox Jewish parents.

A 9th U.S. Circuit Court of Appeals panel on Monday reversed a lower court decision and ruled that California is discriminating against Orthodox Jewish schools by refusing to fund their special education programs because they are religious institutions.

The state requirement is that schools receiving funds to instruct disabled children must be nonsectarian.

Circuit Judge Kim McLane Wardlaw, who wrote for a three-judge panel, reversed a lower court decision by concluding t...

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