Federal judge: Religious school exempt from disability laws

[Judi Lynn]

Source: Associated Press

Federal judge: Religious school exempt from disability laws

Updated 3:32 pm, Wednesday, April 6, 2016

HADDONFIELD, N.J. (AP) — A federal judge has ruled that a Quaker school in New Jersey doesn't have to provide services to students with learning disabilities.

The judge says Haddonfield Friends School is exempt from federal and state disability laws because it is a religious institution.

The recent ruling stems from a discrimination lawsuit brought by Angela Rota, a Cherry Hill mother whose son was expelled from the school in January 2014. She claimed the school didn't make "appropriate, reasonable modifications" for his disabilities and subjected him to public humiliation. The boy had been diagnosed with attention dysfunction and dyslexia.

Rota says she plans to appeal the ruling. She argues the school is not religious, noting that it welcomes students from multiple faiths.

Read more: http://www.chron.com/news/us/article/Federal-judge-Religious-school-exempt-from-7232302.php

[tymorial]

2. Whether the school is religious...

If the school teaches Quaker faith, has students attend sevices and mandates that matters of morality be taught based upon the Quaker religion then the fact that they accept students of other faiths is irrelevant. I attended a Catholic High School and had schoolmates who were Jewish and Protestant. I still attended Mass on Holy Days of Obligation and had weekly religion class. My mother was a teacher and I know for certain that certain subjects had to be presented based upon the Catholic moral view for that subject.

I would also point out that the courts have been fairly consistent when it comes to religious schools not being forced to adhere to state law. It is why a private school can expel someone without being forced to pay for that student to be placed elsewhere. The same goes for special education. Most parochial schools do not have special needs programs because it costs more.

[sulphurdunn]

3. I agree with the court's ruling, with one caveat,

which is that such a school receive not a single red cent of public money for any reason in any form.

[Scalded Nun]

10. Agreed! Not a penny

The ruling is wrong regardless, but if it is allowed to stand it must not receive anything except tuition payments from the students and their families.

Public schools have been pillaged to the point of extinction. ANY non-public school should have to survive on non-public finding.

You do not like public schools (religious or any other reason), fine. I have no problem with that. But do not expect me to pay to support your beliefs.

[smirkymonkey]

12. +1000

Hear, hear. I am so sick of the religious exceptionalism in this country.

[snooper2]

17. And any "degree" or "diploma" is absolutely worthless- It is either a school or a church, not both

[gregcrawford]

4. Apart from the ineptitude of the judge...

... I am disgusted that the Friends even tried to justify such despicable discrimination, let alone harassment and malicious humiliation. Whoever runs that school defiles the Quaker philosophy on every conceivable level.

As I am fond of saying, I'm not prejudiced; I despise all religions equally. But I had far less enmity toward Quakers... until I read this. NO school should seek, let alone receive, exemptions from providing necessary accommodations for students with special needs. I would expect this from religious extremists like fundamentalist "Christian" schools, and parochial schools of any supposed "faith," but I thought maybe the Friends were a notch above such venal behavior. Guess not.

[cstanleytech]

5. I hope SCOTUS overturns this and they should since the law doesnt force this school to

violate its religious believes in any way.

[SoapBox]

6. Well...this is just wrong Mr. Judge.

Wrong.

[houston16revival]

7. Not exactly a model display of

love, tolerance, Christian hope, charity for the less fortunate

I do understand it's about money and resources

[DRoseDARs]

8. Call it the "God hates cripples" ruling...

The federal judge is way out of line here.

[starroute]

9. It bothers me that the parents are trying to prove the school isn't really religious

It was founded by Quakers in 1786. It's been a Quaker school for 230 years. And the Quakers are known for expressing their faith silently and not imposing it on others. I don't know what went wrong in the case of this student -- and you're only getting the side of the parents, who say they merely wanted "minor accommodations" -- but I have a friend who's taught at a Quaker school for many years, and I find it hard to believe it was that simple.

But what really bothers me is this:

http://www.nj.com/camden/index.ssf/2016/04/judge_sides_with_religious_schools_in_disability_l.html

"Our position is this school is not religious," Carolla said Monday, arguing that students of any faith are welcome, there weren't any Quaker staff members when Sky attended, students are not required to pray and, among other claims, that there are no religious classes there. . . .

Rota, decrying Sharp's appointment, said Tuesday that the lack of religious overtones at the school system — where three of her college-age students had attended when they were younger — means it doesn't take much to prove religious affiliation. . . .

The ruling contends "that the school is religious and we intend to challenge that," Carolla said.

It sounds as though the mother is trying to claim that only fundamentalist-style schools, where religion is taught in the classroom and the students are "required to pray," should count as religiously affiliated. And that is a very dangerous position to take.

[malthaussen]

15. Yeah, there does seem to be an agenda there...

... wonder what the legal definition of "religious school" is in Jersey.

But it could simply be a case of wanting to remove the "religious" exemption so the school can be sued. And the larger issue is certainly relevant: should religious schools be exempt from the law? Much as I respect the Friends, I think not.

-- Mal

[KamaAina]

11. Other private and charter schools make end runs around the law

in the case of charters, parents of students with disabilities are "counseled out", that is, encouraged in no uncertain terms to enroll their disabled children else where. This is done in order to artificially inflate their test scores so they look much better than those of the evul traditional public schools with their bloodsucking unions.

[YOHABLO]

13. Sorry but if this school is receiving any state or federal money the ruling is wrong.

It should go to the next court of appeals. This is why charter schools should be outlawed. You're either private and self funded, or you abide by the law. I really hate religion.

[malthaussen]

14. Very disappointed in Haddonfield School...

... seems highly odd that Friends would discriminate. I suspect there is more to the story, or I should say I hope so.

-- Mal

[Bradical79]

18. Quaker organizations are autonomous

Really, it's not the first time a Quaker school has discriminated against a kid. While the view against discrimination is broadly held amongst Quakers in general, it's not universal and there's not a central Quaker authority directing all the branches. There are some conservative Quaker groups out there. A couple years ago, there was a similar lawsuit a Quaker school won (I think) giving them the right to discriminate against LGBT kids.

[Nitram]

16. What! I thought Quakers believed in love and understanding.

Why should a religious school be allowed to treat those with disabilities worse than secular schools do?