Category: Supreme Court

  • Supreme Court Must Not Undermine Public Education in Religious Charter Case – The 74

    Supreme Court Must Not Undermine Public Education in Religious Charter Case – The 74


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    Last week, the Supreme Court held oral arguments in a case that could undermine public education across America. The question the court is looking to answer is whether a religious institution may run a publicly funded charter school — a move that would threaten not only the separation of church and state, but the right of every student to access free, high-quality learning.

    In 2023, Oklahoma’s Statewide Virtual Charter School Board approved St. Isidore of Seville Catholic Virtual School, an action that would make it the nation’s first-ever religious charter school. It would be governed by Catholic religious doctrine in its syllabus, operations and employment practices. It would use taxpayer dollars to pay for religious instruction. And it could turn away students and staff if their faith or identity conflict with Catholic beliefs. 

    Here’s the issue: Charter schools were created to be public schools. They are open to all students, from every background, tradition and faith community. They are publicly funded and tuition-free. And they are secular. 

    That’s not an arbitrary distinction – it’s a constitutional one, grounded in the law and embedded in charter schools’ very design. The First Amendment’s Establishment Clause bars the government from promoting or endorsing any religion through public spaces or institutions. This foundational rule has ensured that students of all backgrounds can access public schools. It does not stifle religious expression — the Constitution fully protects this freedom, and religious education is available in other venues. Personally, I was, in fact, educated at Jesuit Catholic schools for my entire academic career. 

    Parochial education has long been an accepted and important part of the education ecosystem, serving a variety of students and often filling an important need. Religiously affiliated schools have a long history of educating and caring for children who are new to this country and underserved, and supporting families who are overlooked. But promoting the exclusive teachings of a specific religion with public funds in a public school violates a clear constitutional principle. 

    The issue isn’t only a legal matter; it’s about the character of public education itself. Muddying the boundary between public and religious institutions would undercut a fundamental commitment made by the nation’s public charter schools: that they are accessible to every student. It would undermine legal protections that keep public services available to the public. 

    Rather than creating more opportunities for America’s students, it would constrict opportunities for a high-quality education, especially in states that are hostile toward charters or alternative public school models. Legislative bodies could seek to eliminate funding for all unique school types if the court decision forced them to fund religious schools operating with public dollars. This would curtail or dismantle strong independent schools, 30-year-old public charter schools and schools with unique programs designed for special populations.

    As executive director of the DC Charter School Alliance, and a long-time public charter school advocate, I’ve seen the importance of public charter schools firsthand. Here in the District of Columbia, charter schools serve nearly half of the public school students in the city. Outstanding educators from all walks of life teach a wide range of subjects with enthusiasm and expertise to prepare young people for success. Our students bring to the classroom an incredible range of experiences, including faith traditions. And every student, family and faculty member is welcome. D.C.’s charter schools reflect a core American value: the promise of a high-quality public education for all. 

    The justices of the Supreme Court face a clear and critical choice: They can bolster that promise, or they can tear it down. If the court allows a religious school to operate with public funds, there is no doubt that it will open the floodgates to other proposals across the country. Taxpayers could be forced to foot the bill for countless new and converted schools, draining resources from an already financially strapped education system. True public charter schools — the ones committed to high standards, positive results and opportunity for all — could bear the cost. And the students who rely on them could suffer. 

    Public education is one of America’s most vital institutions. It offers all children, no matter their background or beliefs, access to free, high-quality learning. Charter schools play an essential role in making that promise real. But allowing a religious school to operate with public funds turns public education into something much more restrictive, dismantling its very foundation.

    The court must reaffirm this indisputable truth: Public schools should remain public — and open to all. 


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  • Lawyers in New Jersey School Segregation Case Want Appellate Court to Weigh in – The 74

    Lawyers in New Jersey School Segregation Case Want Appellate Court to Weigh in – The 74


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    Attorneys representing a group of New Jersey parents and activist groups are asking a state appellate court to weigh in on a case that could reshape the state’s public education system.

    At the center of the fight is whether New Jersey schools are unconstitutionally segregated by race and socioeconomic status. A lower court judge in October 2023 acknowledged the state’s public schools are segregated by race and that the state must act, but also found that the plaintiffs had failed to prove the entire system is segregated across all its districts.

    The parents’ attorneys filed a motion last week with the state’s appellate division asking it to hear the case.

    “It is imperative that no more students be deprived of these rights by the trial court’s avoidance of the straightforward conclusion compelled by the facts and the law in this case — that the state defendants, who are legally obligated to take action to desegregate public schools regardless of the reasons for that segregation, have acted unconstitutionally by failing to do so,” the attorneys wrote in the filing.

    Gov. Phil Murphy and the state Department of Education have until April 28 to respond to the plaintiffs’ new filing. A spokesman for the Murphy administration declined to comment.

    News of the new filing was first reported by Chalkbeat Newark.

    The case dates to 2018, when the Latino Action Network, the NAACP New Jersey State Conference, and several other families and groups sued the state alleging New Jersey failed to address de facto segregation in public schools. The plaintiffs cited data showing that nearly half of all Black and Latino students in New Jersey attend schools that are more than 90% non-white, in districts that are often just blocks from predominantly white districts.

    In New Jersey, students typically attend schools in the municipality where they live. Plaintiffs argued that long-standing housing policies that led to segregated residential neighborhoods led to segregated schools also. New Jersey is the seventh-most segregated state for Black and Latino students, the plaintiffs say.

    In October 2023, after Superior Court Judge Robert Lougy issued his ruling that acknowledged racial segregation in New Jersey schools but said it was not widespread, both sides entered mediation talks in hopes it would resolve more quickly than continued litigation.

    Attorneys for the parties said in February that it’s unlikely continuing the talks would “be constructive.”

    The plaintiffs’ attorneys say the lower court’s October ruling should be reversed. They want a judge to review what they say are six errors in the 2023 order, like the fact that Lougy did not identify a disputed fact.

    “Rather than reach the only logical conclusion that followed — that the state defendants violated plaintiffs’ constitutional rights — the trial court left the question of liability for another day,” the filing reads.

    If the appellate court denies the motion, the case would return to the trial court, or could be appealed to the state Supreme Court.

    New Jersey Monitor is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence T. McDonald for questions: info@newjerseymonitor.com.


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