California has historically barred religious non-public schools from receiving state funding to serve students with disabilities.
After lawsuits citing Supreme Court precedent from cases in Montana and Maine, California drafted SB 685 to allow religious schools to participate—only if they refrain from engaging in religious activities or expression while providing services.
"That is not going to suffice," Greg Burt of California Family Council tells AFN.
In short, his organization says the bill claims to open the door to religious schools while quietly building a wall just inside it.
Burt argues that forcing a religious school to hide its faith to receive public funds violates the U.S. Constitution, which requires state neutrality toward religion and supersedes the California Constitution's restriction against funding sectarian schools.
"You're simply saying, 'Hey … we only favor secular organizations,' and 'Religious organizations, we're going to persecute you and exclude you,'" said Burt. "The state government is supposed to stay neutral towards religion."
SB 685, authored by Sen. Dave Cortese (D-San Jose) and sponsored by State Superintendent of Public Instruction Tony Thurmond, cleared the Assembly Education Committee on July 1 and now heads to the Assembly Appropriations Committee.
Pacific Justice Institute has already filed formal opposition, and California Family Council is working to educate lawmakers on this subject by encouraging pastors and parents in committee members' districts to weigh in directly.
"We're urging churches and religious people who believe in religious liberty to contact their representatives," Burt says.
To be fair, California Family Council points out that not everything in SB 685 is objectionable. New fingerprinting, background-check, and credentialing requirements for nonpublic school staff, phased in through January 2028, address real gaps in how California tracks employees at these schools, especially those located out of state.
But parents should never be forced to choose between their child's specialized services or their family's convictions.
