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News and views from a private school perspective
CAPSO
Monthly E-Mailer
California Association of Private School Organizations
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The Voice of Private Education in California | |
Mission Statement
The California Association of Private School Organizations (CAPSO) is the voice of K-12 private education in California. Its primary mission is to preserve the independence of California’s private schools and to uphold parental choice in education. CAPSO, independently and in collaboration with other community and governmental institutions, is an advocate, catalyst, and creative leader for strengthening and advancing K-12 private education in California. CAPSO’s mission is based on the belief that a healthy, pluralistic society depends upon educational options, parental choice, and dialogue and collaboration between educational entities.
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In This Issue...
Loffman v. California Department of Education
IEP Preparation Only Required at Request of Parents for Private School Students
US Supreme Court Won't Hear Michigan Ban on State Funds for Private Schools
AB 1821 Signed Into Law: Social Sciences and Treatment of Native Americans
Supreme Court May Hear Oaklahoma Religious Charter School Case
Emergency Preparedness Trainings Available to Private Schools
No Cost Private School PD Available
Legislative Call to Action
What I've Been Reading
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Loffman v. California Department of Education
Loffman v. California Department of Education revolves around Orthodox Jewish parents who have been denied the opportunity to enroll their children with disabilities in Orthodox Jewish schools due to a California law that limits non-public special education placements to secular institutions. On October 28, 2024, the 9th U.S. Circuit Court of Appeals unanimously ruled that California is unlawfully discriminating against religious parents and schools by restricting these placements to secular schools. Authored by Judge Kim Wardlaw, the court concluded that the state's nonsectarian funding requirement violates constitutional standards of neutrality. The court highlighted that California's exclusionary policy infringes upon the free exercise rights of parents and referenced several Supreme Court precedents advocating for the equal treatment of religious individuals. While the ruling does not immediately halt the enforcement of the law, it suggests that a federal judge may soon issue an injunction requiring the state to provide funding for religious schools, thereby affirming their role in meeting diverse educational needs.
Read the Full Article Here: Becket Law
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IEP Preparation Only Required at Request of Parents for Private School Students
The United States Court of Appeals for the Ninth Circuit upheld a favorable judgment for the Newport-Mesa Unified School District in the case of Newport-Mesa Unified School District v. D.A., affirming that the District appropriately offered an Individualized Education Program (IEP) to the student, M.A., and did not deny him a Free Appropriate Public Education (FAPE). The Court found no merit in the parents’ claims of procedural violations under the Individuals with Disabilities Education Act (IDEA), emphasizing that the District was only required to develop an IEP if the parents requested one, which they did not. Despite the parents’ allegations regarding the adequacy of the District's educational offerings and delays in reevaluation, the Ninth Circuit ruled that these factors did not constitute a denial of FAPE. The decision reinforces the legal principle that school districts are not obligated to convene IEP meetings for students unilaterally placed in private schools unless requested by the parents. This ruling highlights the importance of timely communication and documentation in the context of special education services.
Read the Full Article Here: AALRR
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US Supreme Court Won't Hear Michigan Ban on State Funding for Private Schools
The Supreme Court will not review Michigan's ban on using public funds for private schools, allowing a longstanding state constitutional amendment to remain in effect. This amendment, dating back to 1970, prohibits public financial support for sectarian schools and has faced challenges from five families and a parental choice advocacy group, who argue it violates the U.S. Constitution's equal protection guarantee. The families contend that the state's defense of the amendment as applicable to all nonpublic schools, not just religious ones, has allowed it to persist. They warn that if the Court does not intervene, this precedent could enable discrimination against religious families in other states. Michigan is among 37 states with similar provisions, known as Blaine amendments, named after former Congressman James Blaine.
Read the Full Article Here: The Hill News
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AB 1821 Signed Into Law: Social Sciences and Treatment of Native Americans
California has officially integrated Native American history into its public school K-12 curriculum, requiring schools to teach students about the contributions and experiences of Native American tribes. This mandate aims to enhance students' understanding of California's history and culture so that "students learn the true history of California, the horror and the genocide, but also the resiliency of the Indian people” (Assemblymember James Ramos). Effective January 1, while this legislation is specific to public schools, it is important for private school leaders to be made aware of this new law as it impacts the larger educational landscape across the state.
Read the Full Article Here: Cal Matters
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Supreme Court May Hear Oaklahoma Religious Charter School Case
CAPSO and many other organizations are watching to see if the US Supreme Court will agree to hear an appeal filed on behalf of Oklahoma’s St. Isidore of Seville Catholic Virtual School, a charter school planned for the 2024-25 school year which remains closed due to ongoing litigation regarding its constitutionality. Operated by the Archdiocese of Oklahoma City and the Diocese of Tulsa, the school’s establishment was influenced by two significant Supreme Court cases, Carson v. Makin (2022) and Espinoza v. Montana Department of Revenue (2020), which allowed private institutions to access public funding regardless of their religious affiliation. The Oklahoma Statewide Virtual Charter School Board approved St. Isidore's contract; however, the Oklahoma Supreme Court later ruled that funding the school would violate both the state constitution and the First Amendment's Establishment Clause, leading to the severance of its contract in August. The case has significant implications for the intersection of education, religion, and public funding, potentially influencing similar debates across the country. The Court's decision could reshape the landscape of charter schools and their eligibility for state resources.
Read the Full Article Here: K12 Dive
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School Safety Trainings Available to Private Schools
Carlos Garcia, Emergency Services Team Specialist [School Facilities and Transportation Services Div.] at the California Department of Education, has made the following information available to private schools. We thank Carlos Garcia for his continued partnership in keeping private schools informed of issues and resources in Emergency Services.
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No Cost Private School PD Available
The California Department of Education receives funds through Title II, Part A Equitable Services to provide no-cost professional development to private school educators.
The website, https://www.capspdnow.com, offers over 1000 no-cost courses available to schools and teachers in an on-demand format. Private school teachers and administrators can join the CaPSPD email distribution list to receive notifications about upcoming development opportunities by sending a blank email to join-private-school-professional-development@mlist.cde.ca.gov
Learn More About CaPSPDNow
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Legislative Call to Action | | | |
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Your Voice, Your Vote!
WHAT: Make sure your voice is heard-- vote!
WHY: Per Dr. Weber, California Secretary of State, "Every Election Matters. To ensure our democracy thrives, your participation in every election is vital. As a California voter, you will have the opportunity in the upcoming November 5, 2024, General Election to vote on elected offices at all levels of government, and to directly impact state and local policies by voting on state ballot propositions and local measures...Thank you for keeping our democracy strong!"
WHEN: Election Day is November 5, 2024
HOW: Click here to refer to the Official California Voter Information Guide.
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What I've Been Reading... | | | |
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Questions?
Please don't hesitate to contact us!
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Effective July 1, 2024 CAPSO has a new mailing address and phone number:
CAPSO
PO Box 1077
Novato, CA 94948
(415) 295-6333
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