Oklahoma Religious Charter Approved
On Monday, a state-wide authorizing entity in Oklahoma voted to approve a Catholic virtual charter school. The action was expected after a several rounds of legal arguments in the past few months. This is the first approval of a school granted to a sectarian entity proposing to operate an explicitly sectarian (i.e., religious) charter school. The events in Oklahoma illustrate the evolving legal context for charter schools nationally and promise continued conflict over the legality of sectarian charter schools. You can read about the event in the New York Times and explore background on the case from Chalkbeat.
The National Alliance for Public Charter Schools (NAPCS) and the National Association of Charter School Authorizers (NACSA) released statements condemning the action, and Americans for the Separation of Church and State announced their intent to challenge the action in court. The Oklahoma Attorney General, who urged the Oklahoma Board to follow current Oklahoma law and reject the school, also condemned the action and described the legal jeopardy the state is in.
NACSA and the NAPCS both condemned the action and described it as a challenge to the public nature of charter schools. They argue that charter schools may not operate as sectarian schools.
The Oklahoma decision will likely produce serial appeals and litigation that could advance up to the U.S. Supreme Court, where more clarity on these issues will eventually emerge.
Meanwhile, the Supreme Court has not yet decided whether to hear a closely-watched North Carolina case (Peltier vs. Charter Day School), which asks whether charter schools should be treated as “state actors”. A decision whether to hear the case is expected soon.
Recently, the U.S. Solicitor General provided input regarding this case, urging the Supreme Court not hear the case. The NAPCS voiced support for the Solicitor General’s statements, saying, “We are hopeful the Supreme Court Justices will agree with the Solicitor General’s reasoned brief and decide that Peltier v. Charter Day School should not be heard by the Court.”
The NN4DA is committed to supporting the public nature of charter schools. We continue to track these issues and an NN4DA Working Group on the Public Nature of Charter Schools is convening its first meeting on Monday, June 26, at 2:00 pm, MDT. If you are interested in joining those discussions contact Alex Medler directly.
The most recent public statements are presented below.
Nina Rees, NAPCS
“Today, the Oklahoma Statewide Virtual Charter School Board approved an application for the nation’s first religious charter school. This decision runs afoul of state law and the U.S. Constitution. All charter schools are public schools, and as such must be non-sectarian. Charter schools were conceived as, and have always been, innovative public schools that provide an alternative for families who want a public school option other than the one dictated by their ZIP code.
The Catholic Archdiocese of Oklahoma City’s application to open St. Isidore, a Catholic virtual school, will undoubtedly be met with legal challenges because charter schools are defined as public, non-sectarian schools. The Archdiocese of Oklahoma City is trying to make charter schools into something they are not. We stand ready to support charter school advocates on the ground in Oklahoma as they fight to preserve the public nature of these unique schools and protect the religious and civil rights of the students and teachers who choose them.
Public schools cannot teach religion, require attendance at religious services, or condition enrollment or hiring based on religious beliefs. While a sectarian organization may be permitted to operate a charter school, that school must remain a nonsectarian, open enrollment non-discriminatory public school.”
Karega Rausch, NACSA
“The decision from the Oklahoma Statewide Virtual Charter School Board (SVCSB) to approve an application to establish the St. Isidore of Seville Catholic Virtual School as a religious charter school is inconsistent with the imperative for authorizers protect student and public interests. The applicant failed to describe how it will protect the rights of all students and uphold federal and state statutes for public schools. Proposals for new learning opportunities that do not protect student and public interests should not be public charter schools. While it’s likely the application will be tied up in litigation for some time, NACSA does not believe the decision made by the SVCSB is based on quality authorizing principles and practices, nor lawful. Charter school authorizers have a clear responsibility to ensure charter schools guarantee equal access to all students and uphold state and federal laws.”
Americans United for the Separation of Church and State
“It’s hard to think of a clearer violation of the religious freedom of Oklahoma taxpayers and public-school families than the state establishing the nation’s first religious public charter school. This is a sea change for American democracy. Americans United will work with our Oklahoma and national partners to take all possible legal action to fight this decision and defend the separation of church and state that’s promised in both the Oklahoma and U.S. Constitutions.
State and federal law are clear: Charter schools are public schools that must be secular and open to all students. No public-school family should fear that their child will be required by charter schools to take theology classes or be expelled for failing to conform to religious doctrines. And the government should never force anyone to fund religious education. In a country built on the principle of separation of church and state, public schools must never be allowed to become Sunday schools.”
“The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers,” Drummond said. “It’s extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars. In doing so, these members have exposed themselves and the State to potential legal action that could be costly.”
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CREDO Study of National Charter School Performance Finds Positive Impact
on Student Performance
The Center for Research on Educational Outcomes (CREDO) has released its third national study of charter school performance. The Executive Summary, Full Study, and a data tool are available. The study’s major findings are outlined by Chalkbeat.
The study finds the charter school sector has continued to improve over previous national studies, and that most student subgroups are performing better in charter schools than their counterparts in district-operated schools. The study provides disaggregated data by different student groups, types of charter schools, and by states.
The most pronounced achievement gains are for students of color and students from low-income families. Students in Charter Management Organization (CMO) operated schools outperformed charter students in single cite schools (SCS). Students benefited more in charters the longer they remained enrolled in their charters. In a notable exception from other subgroups, students with disabilities did signi9ficqantly worse in charter schools than in traditional public schools. The gains were widespread, but some state charter sectors enjoyed more positive results than others, while most states’ charter sectors had positive outcomes.
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Upcoming Events
CCAP Authorizers Conference
NN4DA State Partner, the California Charter Authorizing Professionals (CCAP), is convening the CCAP California Charter Authorizers Conference June 13-16, in Palm Springs, CA. The program includes a stand-alone authorizer boot camp, June 13-14. Other program highlights include a keynote from Steve Rees, co-author of Mismeasuring Schools’ Vital Signs, to discuss strategies to improve authorizers’ ability to interpret and apply education data. NN4DA State Partners are planning to attend this conference to learn from their peers.
NACSACon 2023
The National Association of Charter School Authorizers (NACSA) released two items related to their annual meeting, NACSACon 2023, scheduled for October 23-26 in Oakland, CA. Their early-bird registration will be run through June 16.
NN4DA Annual Convening
The NN4DA Governing Council is scheduling its annual, in-person meeting in conjunction with the NACSACon on October 22 and 23 in Oakland. Contact Alex Medler at NN4DA for more information on the NN4DA Annual Convening.