California administers federal and state disability benefits under the Individuals with Disabilities Education Act of 1990 (“IDEA”). IDEA benefits can be used to support education at private schools—including out-of-state schools—where those schools will provide the best education tailored to a specific child's situation. Although California allows IDEA funds to be used at private secular schools, it does not allow those same funds to be used at private religious schools. This presents a significant problem for religious families in California who are seeking the best education for their children, and in particular for Orthodox Jewish families. The presentation will describe ongoing First Amendment litigation connected to this problem and discuss the newly emerging, relevant legal issues. |