Massachusetts has long guaranteed educational services to all children with special needs, but two families are now challenging regulations that have prevented their children from receiving these services at private Jewish schools.
The families of Ariella and David Hellman and Josh Harrison and Miriam Segura-Harrison have children who qualify for academic support and occupational therapy services. However, Massachusetts regulations rooted in 19th-century bigotry have prevented these children from accessing special education services at their chosen schools.
Massachusetts, like 37 other states, has a Blaine Amendment that restricts public funds from going to 'sectarian' schools. This amendment, originating from anti-Catholic sentiment in the 1850s, has been used to deny special education services to children attending private schools.
Despite recent Supreme Court cases voiding Blaine Amendments that discriminate against parents choosing religious schools, Massachusetts continues to enforce restrictions based on whether a school is private or not.
The families have filed a lawsuit under the 14th Amendment, arguing that Massachusetts cannot commit to providing special education services and then deny them based on parents' choice of school. They emphasize that parents should not have to sacrifice the right school for their children in order to access necessary services.
It is clear that the families are not seeking special treatment but rather the treatment they are legally entitled to under the law. They stress the importance of ensuring that all children, regardless of school choice, receive the resources they need to thrive.
As the lawsuit progresses, the families hope to bring attention to the unconstitutional nature of the state's actions and advocate for the rights of parents to direct the education of their children without facing discrimination based on school choice.
