Network for Public Education

@network4pubed.bsky.social

To preserve, promote, improve and strengthen public schools for both current and future generations of students. Together we can save our public schools. To learn more about NPE visit our website https://networkforpubliceducation.org/

Oklahoma Jewish Charter Case Heads to Court as Debate Spreads to Other States www.the74million.org... but be sure to read this one as well ➡️ Avoiding the Supreme Court’s Religious Charter-School Trap: Governance Change for the New Legal Era nepc.colorado.edu/pu...

Avoiding the Supreme Court’s Religious Charter-School Trap: Governance Change for the New Legal Era

Forty-six states and the District of Columbia permit charter schools to open, and 33 states plus D.C. allow independently governed charter schools that the Supreme Court may soon declare to be non-state actors not bound by constitutional obligations. This could create major legal tensions, as states may be unable to exclude religious charter schools from public funding while also losing the ability to enforce constitutional protections against discrimination and government establishment of religion. The issue stems from the Supreme Court’s increasing willingness to require states to fund religious institutions on equal terms with secular ones, potentially opening the door to publicly funded religious charter schools. States with independently governed charters could face heightened constitutional risk, while those with district-governed charter systems may be better positioned to preserve charter schools’ public character and oversight. The Appendix appears underneath the policy brief below. Suggested Citation: Welner, K.G., Burris, C.C., & Green, P.C. (2026). Avoiding the Supreme Court’s religious charter-school trap: Governance change for the new legal era. Boulder, CO: National Education Policy Center. Retrieved [date], from http://nepc.colorado.edu/publication/religious-charters

nepc.colorado.edu