"Suit Challenges Washington State Limits On Special Ed In Religious Schools"

[Volokh, Eugene]

Any thoughts on this lawsuit?  Is the program here sufficiently like the
program upheld in Locke v. Davey, or sufficiently different from it?

Eugene
 
 
 
http://religionclause.blogspot.com/2008/11/suit-challenges-washington-st
ate-limits.html
 
In Washington state, three families represented by the Institute for
Justice have filed suit against the state's Office of Superintendent of
Public Instruction challenging regulations that require religious school
students to travel off premises to obtain special education services.
The federal Individuals with Disabilities Education Act (20 USC 1412
<http://www2.law.cornell.edu/uscode/20/usc_sec_20_00001412----000-.html>
) requires states to make these services available to children in
private a well as public schools. Unlike many other states, Washington
will not offer therapeutic services on site at religious schools (Wash.
Admin. Code 392-172A-04075
<http://apps.leg.wa.gov/WAC/default.aspx?cite=392-172A-04075> ), relying
on the state Constitution's
<http://www.leg.wa.gov/LawsAndAgencyRules/constitution.htm> ban on state
funding for any religious establishment (Art. I, Sec. 11)and its
requirement that no school receiving state aid may be under sectarian
control (Art. IX, Sec. 4). The complaint
<http://www.ij.org/images/pdf_folder/school_choice/washington/idea_compl
aint.pdf> in DeBoom v. Bergeson, (WD WA, filed 11/12/2008), alleges that
the Washington regulations violate the Free Exercise, Establishment,
Equal Protection and Due Process clauses of the federal Constitution.
Yesterday's Seattle Times
<http://seattletimes.nwsource.com/html/localnews/2008383406_apwaeducatio
nlawsuit1stldwritethru.html> reports on the lawsuit. the Institute of
Justice website
<http://www.ij.org/index.php?option=com_content&task=view&id=2452&Itemid
=165>  provides additional background material.

Posted by Howard Friedman --PermaLink: 6:40 AM
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tate-limits.html>
<http://www.blogger.com/email-post.g?blogID=12206391&postID=623198912880
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