California

California Jewish families sue state for discriminating against religious disabled children

Published

1 year ago

July 26, 2023

California Jewish families sue state for discriminating against religious disabled children

What does the law say?

Under the Individuals with Disabilities Education Act (IDEA) passed by Congress in 1990, families with disabled children can be reimbursed for their child’s specialized education needs, such as speech and behavioral therapy or assistive technologies.

California, in accordance with the IDEA, provides families with federal and state dollars to meet their special education needs. However, current California law denies any reimbursement to families with disabled children who attend religious, or what the law calls “sectarian,” schools.

The result is that while nonreligious families with disabled children can attend the school of their choice, religious families cannot.

Nick Reaves, an attorney with Becket, told CNA that California “allows any secular private school to apply to participate in this program,” but “if you are a ‘sectarian school,’ which is really any religious school, then you are categorically barred from participating in this program.”

“The rule that California is enforcing here is basically saying ‘if you’re religious, you need not apply, we’re going to completely exclude you,’” Reaves said. “For religious families who have a child with a disability, they are unable to have their child placed in a religious school, which would provide them with the best opportunity to be successful and to thrive.”

“No matter what the program is, discrimination on the basis of religion is unconstitutional,” he added. “They can’t be denied inclusion in a government program simply because of their beliefs.”

What’s next?

According to Reaves, about 200 Orthodox Jewish families and individuals showed up for a rally outside the court building on Friday to express their support for religious liberty for disabled students.

“We were really grateful to have [them],” Reaves said, “and I would say probably 40 or 50 of them came into the courtroom and listened to the hearing with the judge.

Reaves said that he expects a decision to be issued in the next two to three months. He believes Loffman v. California may have even broader implications for disabled religious children and families across the country.

(Story continues below)

Despite a series of recent Supreme Court decisions in favor of religious liberty, Reaves said that “there are laws still on the books in states all over the country that exclude individuals or institutions, [such as] Catholic Charities groups or others, exclude them from participating in some sort of government funding program, be that a grant program, a contract, something like that, simply because they are a religious organization.”

“This case challenges that view as outdated and as a misunderstanding of what the constitution requires,” he explained. “The Supreme Court [has] said you can’t exclude those who are religious from participating in the program. And our view is that’s exactly what California has done here.”

Peter Pinedo is a DC Correspondent for CNA. A graduate of Franciscan University, Peter previously worked for Texas Right to Life. He is a first lieutenant in the U.S. Army Reserve.

Source link

Click to comment

California

California wildfires live updates: Firefighters battle to contain blazes while thousands wait to return home

Published

5 hours ago

January 17, 2025

Press Room

California wildfires live updates: Firefighters battle to contain blazes while thousands wait to return home

As winds die down in Southern California, firefighters have been able to get some of the most devastating wildfires under control. But as residents are allowed to return to the areas, the challenges of recovery are becoming painfully clear. Former FEMA Administrator Craig Fugate joins Stephanie Ruhle to discuss.

Source link

California

Handful of dirt bikes and ATV join pair of riders during LA County pursuit

Published

13 hours ago

January 16, 2025

Press Room

Handful of dirt bikes and ATV join pair of riders during LA County pursuit

CBS News Los Angeles

Live

A handful of dirt bikes and an ATV joined a pair of riders being chased by the California Highway Patrol Thursday afternoon.

The pursuit started in East Los Angeles when officers spotted two dirt bikers riding along the roads. It continued through a handful of freeways as officers on the ground dropped back to allow a police helicopter to track them.

The original riders continued to weave through traffic until more dirt bikers and a few ATVs joined them on their drive around LA County.

Matthew Rodriguez

Matthew Rodriguez is a digital producer for CBS Los Angeles. He’s previously reported for local outlets like the Argonaut and Pasadena Weekly. Matt typically covers breaking news and crime.

Source link

California

Endangered plant may have made California wildfires worse

Published

20 hours ago

January 16, 2025

Press Room

Endangered plant may have made California wildfires worse

A move to protect a federally endangered plant by halting the state construction of new utility lines is being highlighted in a newspaper report as a potential factor in California’s Palisades fire.

Downed utility lines in the area are being investigated for fuelling, and potentially even causing, the immense Palisades fire, says The New York Times.

However, the California Coastal Commission, who intervened in the utility line construction, have said that they did give out new permits for the utility pole project and “are very supportive of wildfire resiliency work.”

Why It Matters

The cause of the Pacific Palisades fire is under investigation by the Bureau for Alcohol, Tobacco, Firearms, and Explosives (ATF), and if government negligence was found to play a part, it would further fuel existing frustration with Mayor Bass, and Governor Newsom expressed by some California residents.

LA is also facing a climate-change-shaped future of increased droughts which will further impact the scope of wildfires, and needs to figure out how to balance everyday conservation with fire protection for the entire region.

Left: Braunton’s milkvetch, Astragalus brauntonii. Right: Utility pole in Altadena. Protection over the milkvetch plant suspended the building of new utility poles in the Palisades.

Left: Michael Charters, Right: Carolyn Kaster/Left: US Forest Service, Right: Associated Press

What To Know

In 2020, the California Coastal Commission fined the Los Angeles Department of Public Works (LADWP) $1.9 million over their utility pole project in the Pacific Palisades, as the project had bulldozed almost 200 federally protected Braunton’s milkvetch (Astragalus brauntonii) plants.

According to the Sierra Club, there are only 3,000 of these “purple-petalled perennial wildflower” plants left in the mountains, and they are listed under the Endangered Species Act.

The utility pole project policed by the Coastal Commission in 2020 was a public works project designed to install stronger, metal, utility poles in the Palisades, as some of the utility poles in the area were built almost 100 years ago. Downed utility lines have caused blazes in the past, and reporters from The New York Times have now found bits of power line debris in the Palisade hills.

The Coastal Commission told the LADWP in 2020 that they needed to seek a permit from the Coastal Commission to restart the development, as well as undo their roadwork and revegetate the area. While the LADWP paid the fine, it does not appear they ever restarted the utility poles project.

The LADWP has been contacted via phone call and voicemail for comment.

Sarah Christie, a spokesperson for the Coastal Commission, spoke to Newsweek about this incident saying: “In 2019, a hiker reported unpermitted bulldozing through an area of endangered plants and hiking trails in Topanga State Park.

“In addition to damaging native plants and public trails, this type of grading also can also encourage highly flammable, non-native grasses to flourish. But the damage was repaired the following year, and the Commission approved a permit for the Utility to move forward with their work to replace the poles.

“We are very supportive of wildfire resiliency work and will continue to promote efforts to harden homes and public infrastructure and create defensible space.”

What People Are Saying

Eric Edmunds, Chair of the Santa Monica Mountains Task Force in a 2020 letter: “Our task force has been involved with far too many cases of utility companies not using good judgment and failing to comply with the laws, policies, and ordinances that are in place to protect and preserve our finite natural resources.”

The LADWP in 2020: “[This project is] essential in regards to our wildfire mitigation plan.”

What Happens Next

The cause of the Palisades fire is still under investigation by the ATF, who have said it will take time to figure out the root cause of the blaze.

In the meantime, Angelenos are still combating active blazes, with the Eaton fire now at 55 percent containment, and the Palisades fire at 22 percent containment.

Source link