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Supreme Court Set to Hear Case on Religious Charter Schools
Recently, the United States Supreme Court announced its decision to take on a case concerning the constitutionality of religious charter schools. This pivotal issue was previously explored during a panel discussion at a conference held last fall by the Program on Education Policy and Governance (PEPG) at Harvard University, with recordings available for viewing.
The legal battle over religious charter schools originated in Oklahoma in 2022, when the Archdiocese of Oklahoma City sought approval from the state’s Charter School Board to establish St. Isidore of Seville Catholic Virtual Charter School. Although the board initially gave its approval, a shift occurred when the newly elected state Attorney General Gentner Drummond attempted to revoke this decision a year later. This conflict ultimately reached the Oklahoma Supreme Court, which ruled in favor of Drummond last June with a 6–2 vote. The court determined that the Oklahoma constitution prohibits the use of public funds for schools that maintain a clear religious mission.
Joshua Dunn from Education Next expressed concerns regarding the constitutional basis of the Oklahoma Supreme Court’s ruling, referencing the recent precedents involving the Free Exercise clause of the First Amendment. His foresight led him to predict that the case would eventually reach the federal Supreme Court. Now that the case, St. Isidore of Seville Catholic Virtual Charter School v. Drummond, is set for review, it suggests a possible inclination from the Roberts Court towards overturning the earlier Oklahoma decision. According to Michael Petrilli of the Thomas B. Fordham Institute, a ruling in favor of religious charter schools could significantly reshape the landscape of the charter sector and influence school choice on a broader scale.
At the Harvard conference titled Emerging School Models: Maintaining the Momentum, the relevance of the religious charter school debate was underscored, prompting a thoughtful panel discussion among experts. Moderated by Paul E. Peterson, director of PEPG and Henry Lee Shattuck Professor of Government, the conversation included contributions from scholars Martha Field (Harvard Law School), Mike Moreland (Villanova), and William Jeynes (California State University Long Beach). The session is accessible for viewing above or can be found here on YouTube.
Source
www.educationnext.org