Oklahoma’s Catholic Charter School Passes Constitutional Muster

The Supreme Court has made clear that governments may not discriminate against religious institutions that are otherwise eligible for public benefits and contracts.

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It has been in the news recently that Oklahoma regulators — specifically, the Oklahoma Statewide Virtual Charter School Board — have approved the charter application of the St. Isidore of Seville Catholic Virtual School. The school will provide a distinctively Catholic, academically rigorous program and will focus on the needs of underserved, rural, and special-needs students who will, like students attending other charter schools, receive public support. This development is part of a larger movement, which has accelerated significantly due to Covid-related school closures and increased parental engagement, in the direction of school choice.

Generally speaking, the reactions to this news have been what one might expect: Those who are attached to or invested in the near-monopoly of government-run schools and to the political power of public-employee unions are displeased; those who support educational pluralism and parental empowerment are supportive.

RG

About the Author

Richard Garnett

Richard Garnett is the Paul J. Schierl Professor of Law at the University of Notre Dame.

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