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Showing posts with label California. Show all posts
Showing posts with label California. Show all posts

Friday, July 24, 2026

Grim Measles Milestone

 In The Politics of Autism, I analyze the myth that vaccines cause autism. This bogus idea can hurt people by allowing diseases to spread.    Examples include measles, COVID, flu, and polio.  A top antivaxxer is HHS Secretary RFK Jr. He is part of the "Disinformation Dozen." He helped cause a deadly 2019 measles outbreak in Samoa.

It is only July, and we have reached the greatest number of annual cases in 35 years. 

From CDC:

As of July 23, 2026, 2,318 confirmed* measles cases were reported in the United States in 2026. Among these, 2,302 measles cases were reported by 45 jurisdictions: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York City, New York State, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming. A total of 16 measles cases were reported among international visitors to the United States.

There have been 35 new outbreaks** reported in 2026, and 93% of confirmed cases (2,153 of 2,318) are outbreak-associated (782 from outbreaks starting in 2026 and 1,371 from outbreaks that started in 2025).

For the full year of 2025, a total of 2,289 confirmed* measles cases were reported in the United States.

Rong-Gong Lin II at LAT:

Measles cases have doubled in California so far this year compared to last year — and 2026 is barely half over.

California has confirmed 52 measles cases in the first 6½ months of the year; that’s more than double the 25 cases reported in all of 2025.

If this pace continues, the number of cases will be the highest since 2015, when there were 125 cases in the state and a portion of them were related to a large outbreak at Disneyland.

Of this year’s 52 cases, 49 patients were either unvaccinated or had an unknown vaccination record. Four have had to be hospitalized. Many cases involve children or young adults — 27 cases involved those ages 5 to 19, and 15 cases involved children under 5 years old, according to the California Department of Public Health. L.A. County has tallied seven cases so far this year among its residents; Orange County has counted four cases.

Tuesday, June 16, 2026

Lawsuit Against the Administration

In The Politics of Autism, I write about social services, special education, and the Individuals with Disabilities Education Act. 

Project 2025 proposed to turn IDEA into a "no strings" block grant, effectively gutting the law and destroying protections that disability families have long relied upon. During the 2024 race, Trump denied any connection to the project, but now he proclaims it, praising OMB director Russ Vought "of Project 2025 fame."

Trump and Vought are now accomplishing their goal of ravaging the law. Instead of shifting it to a block grant, they have tried firing most of the staff who enforce it. 

A June 9 release from California Attorney General Ron Bonta:

California Attorney General Rob Bonta today led a multistate lawsuit challenging the U.S. Department of Education’s (Department) discontinuation of awarded grants under the State Personnel Development Grant (SPDG) program. These competitive grants provide critical funding for the professional development of special education staff and support services for children with disabilities. In California, more than 880,000 students are eligible for special education services. Although the California Department of Education (CDE) had been awarded a five-year SPDG grant in 2022, the Department discontinued the grant in September 2025 because of conclusory, baseless concerns about equity-related initiatives. In the lawsuit, Attorney General Bonta and the coalition urge the U.S. District Court for the Northern District of California to find the discontinuation of funds unlawful and emphasize the harmful impact of the discontinuation on essential resources for schools, educators, and parents that support students with disabilities.

“It is disgraceful that President Trump has disregarded the needs of students with disabilities, claiming that supporting their needs is not in the best interest of the federal government. The Trump Administration discontinued critical grants designed to improve outcomes for students with disabilities by building the capacity of educators, administrators, and systems to ensure timely appropriate services and navigate early intervention,” said Attorney General Bonta. “This harmful and unlawful action denies vulnerable students the resources they need to learn and succeed. California is fighting to ensure the continuation of the grant that supports these necessary initiatives for special education.”

The SPDG program was established in 2004 through the Individuals with Disabilities Education Act (IDEA) to improve long-term outcomes for vulnerable populations. For decades, the Department administered the SPDG program in a routine and predictable manner by publishing a notice inviting applications and identifying relevant priorities that had been subject to notice and comment. After providing an initial award, the Department determines whether the grant should continue for the following year based on enumerated performance and financial metrics. In 2022, CDE applied for and received a five-year SPDG award to implement critical reforms to California’s personnel development in early intervention, early education, and transitional services to improve results for young children with disabilities or at risk for developmental delays. In total, the grant would have provided CDE with $2.1 million per year, a total of $10.5 million over the five-year term, of which it only received funding for three budget periods. During the funded period, California successfully met all program goals and performance requirements and timely submitted all required performance and financial reports.

Nevertheless, in January 2025, President Trump abruptly departed from this settled practice and called for the review and termination of federal grants that funded equity-related initiatives. In September 2025, the Department sent CDE a notice that stated it was discontinuing the funding in its entirety based on vague claims that the programs were not “in the best interest of the Federal Government.” After the discontinuation, CDE’s Request for Reconsideration was summarily denied.

In the lawsuit, Attorney General Bonta and the coalition argue that the Department’s discontinuation of funding violated the Administrative Procedure Act (APA) because it was contrary to law, without observance of procedure required by law, and arbitrary and capricious. The discontinuations also violated the Spending Clause of the United States Constitution. More specifically, the Department acted unlawfully because, among other reasons:
  • It relied on unpublished new priorities that had not been subject to the notice-and-comment procedures required by the General Education Provisions Act, the Department’s own regulations, and the APA.
  • It misapplied the continuation regulation by treating the “best interest” provision as allowing them to have unlimited discretion to discontinue grants based on new priorities.
  • It changed its position and misled the states by first requiring their applications to highlight equity initiatives and then penalizing them for the very same initiatives, and by failing to consider extensive reliance interests.
  • It failed to provide the kind of “reasoned explanation” required by the APA and instead relied on conclusory language.

In filing the lawsuit, Attorney General Bonta is leading the attorneys general of Rhode Island and Wisconsin.


Wednesday, April 15, 2026

Measles in California

  In The Politics of Autism, I analyze the myth that vaccines cause autism. This bogus idea can hurt people by allowing diseases to spread.    Examples include measles, COVID, flu, and polio.  A top antivaxxer is HHS Secretary RFK Jr. He is part of the "Disinformation Dozen." He helped cause a deadly 2019 measles outbreak in Samoa.


Catherine Ho at the SF Chronicle:
A measles outbreak in the Sacramento region, the third and largest in California so far this year, has brought the state's year-to-date measles cases to 39 - far surpassing yearly totals for the last several years.

The ongoing outbreak in Sacramento and Placer counties, which began in late February and has grown to 17 cases - including four new cases over the past week - will likely continue another 21 days, the incubation period for measles, state health officials said Tuesday.
"With measles, this has been a significant year for us in that we are only a quarter of the way through the year and we already have 39 cases," Dr. Eric Sergienko, chief of the California Department of Public Health's communicable disease control division, said in a briefing with medical professionals.

California reported 25 measles cases in 2025, 15 in 2024, four in 2023, none in 2022 and 2021, and four in 2020, according to state data.

Of the 39 cases so far this year, 85% have been in people under age 20, and 95% have been in people who were unvaccinated or whose vaccination status was unknown. People whose status is unknown are most likely unvaccinated.

The rise in measles in California coincides with a national resurgence of the vaccine-preventable disease. The United States in 2025 reported the highest number of measles cases in 30 years, mostly driven by large outbreaks in Texas and South Carolina. The U.S. declared measles eliminated in 2000, but is now at risk of losing that status.

 

Sunday, April 12, 2026

Autism Acceptance Month

The most basic questions trigger angry arguments. For instance, into what category do we put autism in the first place? In 2013, President Obama said that “we’re still unable to cure diseases like Alzheimer's or autism or fully reverse the effects of a stroke.” The language of “disease” and “cure” offends some in the autism community. “We don’t view autism as a disease to be cured and we don’t think we need fixing,” says Ari Ne’eman of the Autistic Self-Advocacy Network. “We do feel comfortable with the word disability because we understand what it means.” From this perspective, autism is difference that requires accommodation, not an illness that requires eradication. Adherents of this position liken autism to homosexuality, which psychiatrists once deemed to be a  disorder. Conversely, some parents take offense at opposition to a cure. “Anyone with the mental and verbal ability to challenge autism research is not autistic on a scale that I care to recognize,” writes autism parent James Terminello. “Opposition to finding a cure is particularly hurtful to parents who still mourn the loss of the child that could have been. A line has been crossed.”

The Autism Society and many other organizations now observe Autism Acceptance Month, though not everyone agrees. 

Brooke Lordino at USC Annenberg:

After the Autism Society of America decided to change “Autism Awareness Month” to “Autism Acceptance Month” in 2021, the meaning of the initiative broadened to advocate — not just for more inclusion in society — but for acceptance within the autism community itself.

“It started out as autism awareness just because folks really were not familiar with autism,” said Andy Kopito, president of the Autism Society of Los Angeles, in an interview with Annenberg Media.

“Now we’re more focused on how they can better accept people who are on the spectrum and figure out how to work with them,” he said.

Kopito said he has two children with autism; a daughter who is mildly impacted and a son who is impacted to a higher degree. The biggest change he has noticed throughout his time as a parent has been improved public reaction and engagement with those on the spectrum.

“When he was younger, people used to look at him and ask ‘why isn’t he talking? Why is he making those sounds,’” Kopito said of his son. “Now when he’s out in the community, whether it’s going to the movies, or at the gym, people react in such a positive way and are so kind.”

Kopito continued, “the warmth that people show, it is showing that this whole idea of acceptance is working in our society and that gives me hope for the future that people with autism are going to be able to live their best lives out in the community.”

Public and community awareness has enabled people to feel less afraid to seek help and get diagnosed, according to a study done by the Johns Hopkins Bloomberg School of Public Health.

Boston City Council:

With a focus on understanding, inclusion, and community, the Council has officially adopted a resolution recognizing April as Autism Acceptance Month.

Offered by Councilors Durkan, Breadon, and Pepén, the resolution highlights the importance of moving beyond awareness toward genuine acceptance. Originally established as Autism Awareness Month in 1970, the observance was reframed in 2021 to emphasize inclusion and to celebrate the diverse experiences of people on the autism spectrum.

The Council’s recognition underscores that autism is not only a diagnosis, but also an identity, a community, and a lived experience. It also acknowledges the ongoing challenges faced by individuals with autism, including barriers in education, employment, housing, and other aspects of daily life.

The resolution points to the vital role of local organizations – such as Autism Speaks, the Aspire Program at Mass General Brigham, STRIVE Boston, and the Common Room – in advancing advocacy, support, and resources for the autism community.

By adopting this resolution, the Council affirms its commitment to equity and inclusion, honoring the contributions of individuals with autism and recognizing their impact across all areas of civic life.

LA County Fire Dept:

The County of Los Angeles Fire Department (LACoFD) recognizes and celebrates Autism Acceptance and Awareness Month and looks forward to the 5th annual Sirens of Silence community event, A Special Day with First Responders, on Sunday, May 3, 2026, in the City of Pomona.

In partnership with the San Gabriel/Pomona Regional Center (SG/PRC), this year’s event will welcome families who have loved ones with autism spectrum disorder (ASD) as well as neurodivergent individuals to meet and engage with public safety partners, health agencies, and community partners – like the California Highway Patrol, Los Angeles County Sheriff’s Department, Los Angeles County Department of Mental Health, Los Angeles County Department Aging and Disabilities, Pomona Police Department, Falck, and Western University of Health Sciences, to name a few.

Individuals of all ages will have the opportunity to see and interact with representatives from each of these wonderful agencies, as well as their apparatus/equipment and gear, in a sensory-friendly space. The entire community is welcome to attend. For additional information, click here.

The LACoFD’s award-winning Sirens of Silence program promotes ASD and neurodiversity, education, and inclusion through training and extensive free resources available on our website.


Monday, April 6, 2026

Special Ed in CA


John Fensterwald at EdSource:
Special education: The percentage of students with disabilities has risen from 13% in 2018-19 to 15% in 2023-24, even as overall enrollment has declined. Newsom is proposing to add $500 million next year to equalize state special education funding among districts, but the overall trend has not favored districts. The federal share of total special education funding in California, never close to the 40% share that Congress envisioned 50 years ago when passing the federal special education mandate, has fallen steadily over the past decade, as has the state’s share of dedicated funding.

Districts will continue to be responsible for the shortfall. Districts’ share of special education costs has risen from 51% in 2014 to 63% last year, according to School Services of California, a statewide consulting company, and higher in some small districts.

Placer County Office of Education Superintendent Gayle Garbolino-Mojica said that unexpected special education costs have forced three of her districts onto the state’s financial watch list. Preschoolers are coming to school with serious special needs — autism, multiple disabilities, behavioral problems — “in numbers not seen before,” she said.

...

Because of Proposition 98’s funding guarantee, TK-12 and community colleges will continue to receive 40% of the state’s general revenue, yet districts collectively will receive fewer dollars as their enrollments drop. The unallotted difference, euphemistically called a “declining enrollment dividend,” could grow to $7.5 billion annually, providing a pot of discretionary funding for the Legislature and governor. How to spend it could prove one of the more contentious decisions in the coming years. Among the options:...Increasing the state’s share of special education expenses, benefiting all districts;

Tuesday, February 24, 2026

Police Training in California

 In The Politics of Autism, I discuss interactions between police and autistic people.  When cops encounter autistic people, they may not respond in the same way as NT people, and things can get out of hand. Among other things, they may misinterpret autistic behavior as aggressive or defiant. Training could help.

Corinne Purtill at LAT:
[Kate] Movius, founder of the consultancy Autism Interaction Solutions, is one of a growing number of people around the U.S. working to teach law enforcement agencies to recognize autistic behaviors and ensure that encounters between neurodevelopmentally disabled people and law enforcement end safely.

She and City of Industry Mayor Cory Moss later passed out bags filled with tools donated by the city to aid interactions: a pair of noise-damping headphones to decrease auditory input, a whiteboard, a set of communication cards with words and images to point to, fidget toys to calm and distract.

...

As early as 2001, the FBI published a bulletin on police officers’ need to adjust their approach when interacting with autistic people.

“Officers should not interpret an autistic individual’s failure to respond to orders or questions as a lack of cooperation or as a reason for increased force,” the bulletin stated. “They also need to recognize that individuals with autism often confess to crimes that they did not commit or may respond to the last choice in a sequence presented in a question.”

But a review of multiple studies last year by Chapman University researchers found that while up to 60% of officers have been on a call involving an autistic person, only 5% to 40% had received any training on autism.

In response, universities, nonprofits and private consultants across the U.S. have developed curricula for law enforcement on how to recognize autistic behaviors and adapt accordingly.

The primary goal, Movius told deputies at November’s training session, is to slow interactions down to the greatest extent possible. Many autistic people require additional time to process auditory input and verbal responses, particularly in unfamiliar circumstances.

Monday, February 9, 2026

California Judges' Knowledge of ASD


Carolina R. Caliman et al, Brief report: A survey of California state court judges on a case vignette involving a defendant with Autism Spectrum Disorder (ASD), Research in Autism (2026). DOI: 10.1016/j.reia.2026.202803

Abstract
Purpose
This brief report examines the impact of a defendant’s Autism Spectrum Disorder (ASD) diagnosis, as well as the influence of expert testimony and genetic evidence, on the perceptions, knowledge, and sentencing views of a sample of state court judges in the U.S.

Methods
Data were collected from sixty-one California Superior Court judges who responded to a survey featuring a structured case study about a defendant diagnosed with ASD. The survey assessed judges’ views on the influence of the defendant’s ASD diagnosis and its genetic etiological influences on sentencing, responsibility, and perceptions of the defendant’s behavior.

Results
Findings indicate that most judges believe that an ASD diagnosis and its genetic influences would influence their sentencing decisions, with almost all considering it a mitigating factor to sentencing, but that it did not substantially affect a defendant’s legal responsibility. Survey responses revealed significant gaps in judges’ knowledge about ASD, underscoring the need for enhanced judicial training.

Conclusion
Findings highlight the influence of ASD and behavioral genetic evidence on judicial views and potential decision-making in cases involving defendants with ASD, indicating a clear need for improved access to education and resources on the disorder. Addressing these educational gaps can help the criminal justice system better accommodate the complexities associated with scientific and ASD evidence, which may promote more equitable treatment for defendants with ASD.

From the article:

This preliminary survey data revealed significant insights into how a defendant’s ASD diagnosis affected judges’ views of different case-related factors. Overall, almost all judges reported that the diagnosis of ASD would be influential in their sentencing decision in the case. These findings suggest that many judges appear sympathetic and cognizant of the challenges associated with ASD in sentencing contexts, with the large majority of judges here indicating that they believe ASD should be viewed as a potential mitigating factor; this is consistent with findings from prior work (Berryessa, 2014b, Berryessa, 2016b). Most judges also reported that knowledge of the genetic etiological influences on a defendant’s ASD was, to some extent, influential in shaping their views on the case, which aligns with previous findings (Berryessa, 2016a).
Most judges viewed the defendant’s legal responsibility to be unaffected by his ASD, which also complements findings from Berryessa (2014b). Yet they also reported that the expert testimony on ASD particularly influenced their views on the defendant’s criminal intention. This suggests that judges may view a defendant as fully legally responsible for his behavior but, at the same time, also deeply question his understanding of his own intentions, actions, and decision-making abilities. This differentiation is consistent with judges’ professional training and their obligation to assess legal responsibility within statutory boundaries; rather than reflecting misunderstanding, the observed difference between moral and legal responsibility likely represents a nuanced awareness of how autism may influence culpability without diminishing legal accountability (Freckelton and List, 2009, Grant et al., 2018). This may suggest that judges may also be likely to view ASD as relevant to other stages of the legal process in which defendants must make decisions; aligned with other work, examining competency to stand trial may be especially relevant, as a defendant’s difficulties in understanding the intent of his own actions could also lead to challenges in comprehending the trial process and assisting in his defense (Brewer et al., 2016, Mayes, 2003). Although an ASD diagnosis alone typically does not meet the statutory criteria for insanity defenses in the United States, ASD-related evidence might be used by attorneys to contextualize behavior and argue for mitigation (Caliman and Berryessa, 2025a, Caliman and Berryessa, 2025b). This approach mirrors the broader defense strategies observed in recent qualitative work, where attorneys emphasize diminished moral culpability, communication challenges, or atypical reasoning patterns to seek leniency and appropriate accommodations for defendants with ASD (Caliman & Berryessa, 2025b).
Additionally, almost all judges reported that the expert testimony influenced their opinions of the case in some way, indicating a potential openness to different types of expert evidence in cases involving ASD (Berryessa, 2017). A small subset of judges, however, reported that the expert testimony did not alter their opinions, which might indicate prior familiarity with ASD or prior experience with defendants with ASD. The findings of this study offer valuable insights for expert witnesses, emphasizing aspects of cases involving ASD, such as criminal intention and dangerousness, that judges may believe are most affected by expert testimony. Similar patterns appear in jury research, where providing accurate information about ASD improves understanding of atypical behavior and leads to less punitive judgments (Baker et al., 2025, Berryessa et al., 2015, Brewer et al., 2016, Maras et al., 2019). These parallels suggest that both jurors and judges benefit from targeted psychoeducation to reduce stigma and support informed decision-making.

Results also revealed significant gaps in judges’ knowledge about ASD and behavioral genetics. Most judges rated their knowledge as slight to moderate, with very few judges rating it as high–aligning with previous work emphasizing the need for better judicial education on complex scientific topics (Berryessa, 2016b, Berryessa, 2019). Most judges expressed an interest in formal training in order to obtain forensic information about ASD and genetics, underscoring the need for comprehensive training programs and continuing education through conferences. By enhancing their knowledge, judges may improve their ability to critically evaluate expert testimony on ASD as well as genetic evidence, mitigating the risk of over-reliance on such evidence and preventing the misuse of unqualified testimony in judicial decision-making processes.

 

Friday, December 5, 2025

California Cuts

The Politics of Autism includes an extensive discussion of insurance and Medicaid services for adults with intellectual and developmental disabilities.

Carolyn Jones at CalMatters 

The Medicaid cuts may have the most immediate effect. People with developmental disabilities typically receive therapy, home visits from aides, equipment and other services through regional centers, a network of 21 mostly government-funded nonprofits in California that coordinate services for people with disabilities. The goal of regional centers is to help people with disabilities live as independently as possible.

More than a third of regional centers’ funding comes from Medicaid, which is facing deep cuts under Trump’s budget. The money runs out at the end of January, and it’s unclear what services will be cut.

Schools also rely on Medicaid to pay for therapists, equipment, vision and hearing tests and other services that benefit all students, not just those with disabilities. In light of state budget uncertainty, it’s not likely the state could backfill the loss of Medicaid funding, and schools would have to pare down their services.

Monday, November 17, 2025

Early Start in Jeopardy

In The Politics of Autism, I discuss services for people with disabilities.

Kelly Keck at CalMatters:

This summer, Congress passed the One Big Beautiful Bill, extending tax cuts but slashing billions from Medicaid. In California, federal Medicaid funds sustain the regional centers that coordinate Early Start services for infants and toddlers with — or at risk for — developmental delays.

With California facing a multibillion-dollar deficit, the future of such early interventions looks precarious. Losing federal support means the state must fill the funding gap or scale back, thus putting therapy, progress and hope at risk for countless children and families.

I’ve witnessed what happens when families lose access to care. When speech therapy disappears, a baby’s first words vanish into silence. When physical therapy stops, a toddler’s first steps may never come.

Early Start is not a luxury; it’s a bridge from surviving to thriving. When that connection is frayed, a child’s trajectory is altered, sometimes irreversibly.

The Department of Developmental Services has already warned that its caseloads are surging as staffing shortages worsen. Federal cuts will only amplify this with fewer therapists, longer waitlists and children stranded during the most critical period of their brain development.

Every week’s delay, every family told to “wait and see,” means consequences that may never be undone, developmental windows that will not reopen.

Thursday, June 5, 2025

Special Ed and Religious Schools in California


Atkinson, Andelson, Loya, Ruud & Romo
On May 19, 2025, in response to a Ninth Circuit decision, the California Department of Education (“CDE”) and the Los Angeles Unified School District agreed to permanent injunctions stating that they will no longer enforce the “nonsectarian requirement” set forth in the California Education Code for certification of nonpublic schools. This agreement means that the CDE will no longer require private entities to be “nonsectarian” to receive certification as a nonpublic school for placements of students with exceptional needs. Students with an Individualized Education Plan (“IEP”) may be directly placed in both religious and nonreligious private schools certified by the CDE as a nonpublic school at the school district’s expense.

This agreement follows the Ninth Circuit Court’s October 2024 decision in Loffman v. California Department of Education (2024) 119 F.4th 1147, in which two Orthodox Jewish schools and three Orthodox Jewish families challenged the nonsectarian requirement. The Plaintiffs in Loffman claimed that the nonsectarian requirement violated the Free Exercise Clause of the First Amendment to the United States Constitution. The United States District Court for the Central District of California dismissed the complaint. The Ninth Circuit reversed the dismissal and remanded the matter to the district court, but CDE chose to enter into an agreement with Plaintiffs instead of pursuing the case further.

In Loffman, the Plaintiffs argued, and the Ninth Circuit agreed, that they were being forced to choose between receiving the full benefits they were entitled to under the IDEA and their choice of education in an Orthodox Jewish setting. In its decision, the Ninth Circuit stated that nonsectarian requirement was not a neutral or generally applicable policy, because it singled out religious entities for different treatment. By placing burdens on sincere religious practice in this way, the policy was subject to strict scrutiny review, and could only be upheld if determined to be “narrowly tailored” to serve a compelling governmental interest.

The Ninth Circuit noted that the IDEA, a federal law, contemplates private placement at public expense in religious institutions, though any services provided with public funds must be “secular, neutral, and nonideological.” In contrast, the California Education Code is more restrictive than the federal law and required that private placement be in a nonsectarian institution to receive public funds. Because the federal law was less restrictive than California’s policy, the Ninth Circuit held that CDE failed to show that the nonsectarian requirement was narrowly tailored. In reaching the settlement referenced above, the CDE chose not to appeal the Ninth Circuit decision to the US Supreme Court, and stated that the Education Code requirement that nonpublic schools be nonsectarian was unconstitutional and would not be enforced.

The decision in Loffman was based in part on a series of U.S. Supreme Court decisions concerning the Free Exercise Clause, which support the principle that placing a condition on benefits or privileges based on religious affiliation penalizes the free exercise of religion. (Carson v. Makin (2022) 596 U.S. 767; Espinoza v. Mont. Dep’t of Rev. (2020) 591 U.S. 464; Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) 582 U.S. 449.) However, Loffman stands in contrast with the U.S. Supreme Court’s May 22, 2025 ruling in Oklahoma Statewide Charter School Board v. Drummond, which also addressed questions raised by this series of cases.

In Drummond, the Court affirmed the lower ruling of the Oklahoma Supreme Court, which prohibited Oklahoma’s Charter School Board from entering a contract that would have used public funds to establish St. Isidore, a Catholic school, as part of the State’s public charter program. The U.S. Supreme Court was split 4-4 in issuing its decision, with Justice Barrett recusing herself. Therefore, it does not constitute nationwide binding precedent. The Court did not provide an opinion explaining its decision, and the decision was issued per curiam, without revealing how each Justice voted. That said, some of the reasoning behind the decision may be drawn from the Oklahoma Supreme Court’s ruling and the oral arguments before the U.S. Supreme Court.

In Loffman, the Ninth Circuit agreed with Plaintiffs’ argument that California’s nonsectarian requirement effectively forced the Plaintiffs to choose between receiving the full benefits they were entitled to under the IDEA and education in an Orthodox Jewish setting. In Drummond, the Oklahoma Supreme Court noted that St. Isidore was proposing that the State provide monetary support to teach a Catholic curriculum. The Oklahoma Supreme Court’s decision was based partly on the fact that St. Isidore, as a charter school, would be a state-created religious institution. This issue was also addressed at oral argument before the U.S. Supreme Court by Justices Kagan and Sotomayor.

The key distinction between the two cases seems to be that in Drummond, the issue was whether State funds could be used to create a new religious institution, whereas in Loffman, the issue was whether the Plaintiffs could not receive special education benefits they would have been entitled to had they sought to place their students in nonsectarian schools.

Reading Loffman and Drummond together may be illustrative of how courts going forward will address the issue of allowing religious institutions to access public funds. On the other hand, the U.S. Supreme Court’s split on Drummond makes it unclear whether the distinction between the two cases will prove meaningful in the future.

California LEAs should be aware that, pursuant to the injunctions agreed upon by the parties in Loffman, the Ninth Circuit will declare that the California Education Code’s nonsectarian requirement is unconstitutional under the Free Exercise Clause, and CDE will be prohibited from enforcing it. Accordingly, CDE will not require nonpublic entities to be nonsectarian or attest to nonsectarian status in applying for, obtaining, or maintaining contracts to serve as a nonpublic schools for the placement of students with exceptional needs.

Should you have specific questions regarding the content of this Alert or your agency’s response to the Executive Order, please contact the authors of this Alert or your usual AALRR counsel.

Monday, April 14, 2025

Autistic San Francisco Supervisor

In The Politics of Autism, I write:  "Support from the general public will be an important political asset for autistic people. Another will be their sheer numbers, since a larger population of identified autistic adults will mean more autistic voters and activists."  Previous posts have discussed autistic officeholders and political candidates in California,  New York, Georgia, Texas, and Wisconsin.

Han Li at the San Francisco Standard:

Growing up, Bilal Mahmood knew he was different. He struggled with making eye contact, shaking hands, and hugging others. Building friendships didn’t come easily.

In 2021, when he entered San Francisco politics — a world that demands constant social interaction and public speaking — he sought medical help, and in his mid-30s, he was officially diagnosed with Level 1 autism, a mild form of the disorder that affects his communication, behaviors, and ways of thinking.

“There are a lot of misconceptions about autism, and we’re seeing a trend of more people sharing their personal stories,” Mahmood told The Standard in an interview. “We have to destigmatize autism.”
April is Autism Awareness Month, and the newly elected District 5 supervisor, who represents the Tenderloin, Fillmore, and Japantown, is expected to discuss his autism diagnosis at the Tuesday board meeting and plans to use his own history to bring attention and resources to the often-overlooked neurodivergent community.
A tech entrepreneur, Mahmood lost a bid for state Assembly in 2022 but won a seat on the Board of Supervisors in 2024. In private conversations during those campaigns, he said, he was “taken aback” by questions about his ability to hold public office as an autistic person.

Christien Kafton at KTVU-TV:

Saturday, March 29, 2025

California Master Plan

In The Politics of Autism, I discuss services for people with disabilities.

Regional centers are private nonprofits that contract with California's Department of Developmental Services to coordinate or provide services for people with developmental disabilities. The 21 regional centers help disabled people and their families find and access a variety of services.

A release from California Governor Gavin Newsom:

The Master Plan for Developmental Services: A Community-Driven Vision was released today with recommendations for strengthening support for Californians with intellectual and developmental disabilities and their families to live in the community.

Governor Gavin Newsom today announced the release of the Master Plan for Developmental Services: A Community-Driven Vision (Plan). The Plan makes recommendations on improvements for the service system, including reducing barriers to service access statewide for the growing developmental disabilities community. The Plan reflects extensive and diverse input from the community, capturing what Californians with intellectual and developmental disabilities and their families want to see in employment, education, transportation, health, behavioral health, developmental services, and other programs to live and thrive in community.
...
The Committee responsible for the development of the Plan was appointed by the California Health and Human Services Agency (CalHHS) Secretary in early 2024 and included five workgroups, all of which were made up of a diverse group of individuals with disabilities, family members, advocates, service providers, direct support professionals, and representatives from the state’s 21 regional centers. The Committee and its workgroups convened to develop the recommendations with public input through a robust year-long, statewide process. Additionally, more than 45 listening sessions were held with various diverse communities, service providers, policy experts, advocates, individuals and families.
The Plan’s recommendations
  • Ensure that people are treated fairly: Addressing disparities in service delivery for underserved communities by standardizing services statewide and removing language, cultural, and location barriers.
  • Allow people to make their own life choices: Providing tools and resources needed to support individuals in decision-making.  
  • Get people the services they need and choose: Streamlining and simplifying processes to reduce wait times and provide timely access to critical services, as well as building stronger bridges across state service systems. 
  • Ensure people are part of — and served by — a strong workforce: Investing in training, compensation, and recruitment of direct support professionals.
  • Accountability and transparency should guide all systems that serve people: Equipping individuals, families, advocates, and professionals with resources and information needed to understand how the state is providing services to individuals and families.
  • Data should guide the future of the developmental services system: Establishing and implementing clear metrics to assess whether needs are being met effectively and where improvements are needed. 

California provides the only life-long entitlement to services in the nation, funded with over $15 billion annually. The evolving needs of the community and access challenges highlighted the need to re-examine how the state delivers services locally to individuals with I/DD and to identify where stronger bridges can be built across employment, health, and social services systems. 

Learn more and read the full Plan HERE.

Important data:


 


Monday, November 25, 2024

RFK and CA

In The Politics of Autism, I analyze the myth that vaccines cause autism. This bogus idea can hurt people by allowing diseases to spread.    Examples include measles, COVID, flu, and polio.

A number of posts discussed Trump's support for the discredited notion.

 Another leading anti-vaxxer is presidential candidate Robert F. Kennedy, Jr.  He has repeatedly compared vaccine mandates to the Holocaust.  Rolling Stone and Salon retracted an RFK article linking vaccines to autism.  He is part of the "Disinformation Dozen."

He is now Trump's nominee to head HHS.

At a Sacramento event in 2015, Kennedy said: “They get the shot, that night they have a fever of a hundred and three, they go to sleep, and three months later their brain is gone, This is a holocaust, what this is doing to our country.”

 Ana Ibarra at CalMatters:

Five years ago, hundreds of people crowded the halls of the state Capitol protesting legislation that sought to tighten California’s vaccine rules. Outside, music blasted something about a revolution and people carried signs that read “Vaccine mandates violate bodily autonomy.”

From the sea of red-clad protesters emerged a familiar face idolized by the anti-vaccine activists: Robert F. Kennedy Jr.

He was the guest of honor in one of the biggest public health showdowns the state has seen in recent years. Ultimately, he and his followers lost — the Legislature passed a law to clamp down on fraudulent or inappropriate medical exemptions for required childhood vaccines.

Today, Kennedy finds himself on a bigger stage with potentially far more influence and power. President-elect Donald Trump has nominated the former environmental lawyer turned controversial vaccine critic to oversee the nation’s health policy as secretary of Health and Human Services.

He has been known to make false, and at times dangerous, claims about medicine and public health. Perhaps most infamously he linked vaccines to autism — a claim that has been debunked over and over again.
...
Dr. Richard Pan, a pediatrician who as a state senator authored the 2019 medical exemption law and a separate law that eliminated personal belief exemptions for childhood vaccines, said having a health secretary who casts doubt on vaccines is “a danger” and “disturbing.”

“I imagine we’re going to see a lot more direct attacks on individual scientists, individual people. I’m anticipating that I’m probably gonna be hoisted somewhere by those guys as well. I don’t think RFK Jr. has forgotten about me yet,” he said.


Thursday, November 14, 2024

Happy Ending to the Slapping Incident

 In The Politics of Autism, I write about the everyday struggles facing autistic people and their families, including violence against autistic children.


Ashley Mackey at KABC-TV:
Earlier this summer, a shocking video of a man slapping a young boy with autism in Arleta sparked outrage. Since then, the community has rallied behind the child and his family, showing them love and support.

Then on Monday, the family received a big surprise after they came across some issues with their truck.

The team at Airport Marina Ford surprised Alfredo Morales and his family with a brand new 2023 Ford Explorer.

"If there's a child involved in a situation like that, and the condition of living in the other vehicle, and trying to survive out of that, and then that vehicle being as bad as it was, it was just the right thing to do," said Dan Theroux, the general manager at Airport Marina Ford.

The video of the incident quickly went viral in June. It shows 10-year-old Alfredo sitting on a bus bench with his older sister when the upset man, identified as Scott Sakajian, slaps him. The boy reportedly damaged the Mercedes emblem on the front of Sakajian's car.
The video player is currently playing an ad.

A man became upset by what a boy with autism allegedly did to his vehicle, but his response, caught on video, is drawing heavy criticism.

Sakajian has since been charged with willful cruelty to a child and battery on a person.

The team at Airport Marina Ford said when the family brought in their 2010 Ford F-150, the initial plan was to try to repair it, but it was in bad shape.

They said it needed a new transmission, engine, and the interior would have had to be completely taken out.

"Dan got the Ford to come into the dealership. We saw it on the flatbed and we were like, 'Uh oh, this needs more than just a repair,'" said NOARUS Auto Group President Jamie Bishton.

The vehicle also comes with a Gold Certified warranty, which means if the truck ever gives the family any troubles, they can take it to any Ford dealer to get it fixed.

Since the incident, a GoFundMe set up to help the family has raised nearly $100,000.

In addition to a brand new SUV, Alfredo now attends a new school that specializes in working with children with autism.

"Amazing. I don't have words to say," said the boy's father, Miguel Morales. "It's crazy. I don't have to say nothing. I don't have words, just say thanks. You know, thank God."