The U.S. Supreme Court is reviewing a case that could have significant implications for the country’s public education system. The central question is whether a religiously affiliated school can operate as a publicly funded charter school.
In Oklahoma, as in most states, charter schools are defined as public institutions. They receive state funding, operate under state oversight, and must be non-sectarian by law. However, the proposal from St. Isidore of Seville Catholic School to operate as a virtual charter school has sparked a legal and constitutional debate.
Although the initiative was supported by the state’s superintendent of education, the Oklahoma Supreme Court ruled that approving the school would violate both the state and federal constitutions. St. Isidore describes itself as a religious institution with a mission of evangelization and specific religious requirements for students.
Legal representatives for St. Isidore argue that excluding religious organizations from public programs constitutes discrimination. They claim that allowing such participation does not amount to state endorsement of religion, as enrollment is based on parental choice.
Conversely, the state argues that approving the school would amount to public funding of religious instruction, which is incompatible with the constitutional principle of separation between church and state. They point out that St. Isidore would require religious participation from students, which conflicts with the neutrality expected of public institutions.
A notable aspect of this case is the recusal of one justice, which could result in a tie. If that occurs, the decision of the Oklahoma Supreme Court would stand, leaving the broader question of religious charter schools to be addressed in future legal challenges.
