Later this year, the United States Supreme Court is expected to hear oral arguments on consolidated cases involving the Oklahoma Statewide Virtual Charter School Board’s approval of an application from the Roman Catholic Archdiocese of Oklahoma City and the Roman Catholic Diocese of Tulsa to establish a a publicly-funded, religious charter school. In response to its approval, Oklahoma’s Attorney General brought an action against the Charter School Board in Oklahoma’s Supreme Court, arguing that this approval violated the Oklahoma Constitution, the Oklahoma Charters Schools Act, and the Establishment Clause of the First Amendment to the U.S. Constitution. The Oklahoma Supreme Court deemed Oklahoma charters schools to be public schools, governmental entities, and state actors. Accordingly, the Oklahoma Court found the approval in violation of both Oklahoma law and the U.S. Constitution. Now, the final say on this matter lies with the United States Supreme Court. The upcoming decision could significantly impact the future of charter schools nationwide, as well as the boundaries between church and state in public education. This case could redefine the extent to which religious institutions can participate in publicly-funded programs.
For more information, contact Matt Plain or your Barton Gilman attorney.
