Suit Challenges Washington State Limits On Special Ed In Religious Schools

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) 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), relying on the state Constitution's 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 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 reports on the lawsuit. the Institute of Justice website provides additional background material.