Later this year, the United States Supreme Court is expected to hear oral arguments in consolidated cases involving the Oklahoma Statewide Virtual Charter School Board’s approval of an application submitted by the Roman Catholic Archdiocese of Oklahoma City and the Roman Catholic Diocese of Tulsa. The application seeks to establish a publicly funded, religious charter school.
In response to the board’s approval, Oklahoma’s Attorney General filed a legal challenge in the Oklahoma Supreme Court, arguing that the decision violated the Oklahoma Constitution, the Oklahoma Charter Schools Act, and the Establishment Clause of the First Amendment to the U.S. Constitution.
The Oklahoma Supreme Court ruled that charter schools in the state are public schools, functioning as governmental entities and state actors. As a result, the court found the approval to be in violation of both Oklahoma law and the U.S. Constitution.
Now, the final say lies with the United States Supreme Court. The upcoming decision could significantly impact the future of charter schools nationwide and reshape the boundaries between church and state in public education. This case has the potential to redefine how — and whether — religious institutions can participate in publicly funded programs.
For more information, contact Matt Plain or your Barton Gilman attorney.
