The Oklahoma Supreme Court recently ruled in favor of common sense, religious freedom, and disabled children. In 2010, the Oklahoma state legislature passed a law designed to help disabled children get an education after leaving a public school. Many public schools simply cannot meet the special needs of disabled children, and this law meant to remedy that situation. The voucher plan is funded by the money saved when the child leaves the public schools. The only requirement for the new private school where the funds are used is that it must meet Oklahoma academic standards.
Two school districts sued the parents who sought to take advantage of this program for their autistic son, who was not well served by the public school. These school districts sued because they thought it violated the state’s constitution for public money to be spent on a religious school.
In the ruling, the Supreme Court did not rule on the merits of the case. They ruled that these school districts had no standing or justicable issues to sue parents.
Oklahoma does have a state Religious Freedom Restoration Act, but it was not tested in this case.