Tag: charter

  • Oklahoma religious charter remains blocked in SCOTUS split

    Oklahoma religious charter remains blocked in SCOTUS split

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    The nation’s first religious public charter school will not be able to open its doors in Oklahoma after a 4-4 split in the U.S. Supreme Court on Thursday morning upheld the state supreme court’s ruling that blocked the school.

    The high court did not issue written opinions in the case.

    In its June 2024 ruling in St. Isidore of Seville Catholic Virtual School v. Drummond, a six-justice majority of the Oklahoma Supreme Court sided with state Attorney General Genter Drummond, writing that the virtual public charter school’s creation would violate the Oklahoma Constitution and the First Amendment’s Establishment Clause. St. Isidore was originally scheduled to open for the 2024-25 school year.

    “Enforcing the St. Isidore Contract would create a slippery slope and what the framers’ warned against — the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention,” the Oklahoma court’s majority wrote in the decision.

    If the U.S. Supreme Court had ruled in favor of St. Isidore, the high-profile religious liberty case could have opened the door for a wave of other publicly funded religious schools. The split decision, however, leaves no national precedent on the question of whether religious schools can participate in public charter school programs without violating the First Amendment’s Establishment Clause.

    Justice Amy Coney Barrett recused herself from the case.

    St. Isidore is “disappointed” that the decision to block the school’s opening was upheld “without explanation” from the U.S. Supreme Court, said Archbishop of Oklahoma City Rev. Paul Coakley and Bishop of Tulsa Rev. David Konderla, in a joint statement Thursday.

    Given this latest ruling, Coakley and Konderla said they are exploring alternative options to offer a virtual Catholic education “to all persons” in Oklahoma and remain committed to parental choice in education.

    The Oklahoma Statewide Charter School Board, which initially approved St. Isidore’s contract in October 2023, will respect the Supreme Court’s authority following its split decision to uphold the Oklahoma Supreme Court’s ruling, said the board’s Executive Director Rebecca Wilkinson, in a Thursday statement.

    “The split decision of the court affirms this was indeed a complicated matter with a wide spectrum of views on the appropriate relationship between education, public funding, and religious institutions in our state and country,” Wilkinson said. “The Statewide Charter School Board remains committed to upholding our constitutional responsibilities and the highest standards of transparency and excellence. We will move forward in that vein, ensuring our policies and practices reflect both the rule of law and commitment to all students.”

    Drummond said in a Thursday statement that the Supreme Court’s decision is a “resounding victory for religious liberty and for the foundational principles that have guided our nation since its founding.”

    “I have always maintained that we must faithfully uphold the Constitution, even when it requires us to make difficult decisions,” Drummond said. “I will continue upholding the law, protecting our Christian values, and defending religious liberty — regardless of how difficult the battle may be.”

    Oklahoma Superintendent of Public Instruction Ryan Walters spoke out against the Supreme Court’s move, adding in a Thursday statement that he will always oppose “religious discrimination” and that all children in Oklahoma should be free to choose the best school to attend, whether that’s “religious or otherwise.”

    “Allowing the exclusion of religious schools from our charter school program in the name of 19th century religious bigotry is wrong,” Walters said in the statement sent by First Liberty Institute, a nonprofit law firm focused on First Amendment cases on religion.

    Still, it seems likely the issues involving the First Amendment’s religious clauses will eventually return to the U.S. Supreme Court, “perhaps in a case better suited for resolution,” said Thomas Jipping, a senior legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation, a national conservative think tank.

    While it may not be the last time the Supreme Court takes on a case over religious charter schools, “today’s outcome offers clarity for families and educators,” said Starlee Coleman, president and CEO of the National Alliance for Public Charter Schools, in a statement.

    About 8.1% of all public schools are charters. These schools serve 3.7 million enrolled students, of whom two-thirds are from low-income, Black or Latino communities, according to NAPCS.

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  • 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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  • Arizona Autism Charter School Founder Tapped as DOE Special Education Chief – The 74

    Arizona Autism Charter School Founder Tapped as DOE Special Education Chief – The 74

    The founder and executive director of a network of Arizona charter schools serving autistic children has been named the U.S. Education Department’s deputy assistant secretary for special education and rehabilitative services. Education Secretary Linda McMahon made the announcement while touring the Arizona Autism Charter Schools’ Phoenix location.

    Diana Diaz-Harrison, whose son is autistic, said that in her new job she hopes to continue her efforts to help others launch autism charter schools throughout the country. Her schools, she said in remarks captured on video by AZ Central, are a testament to what happens “when parents like me are empowered to create solutions.”

    “My vision is to expand school choice for special needs families — whether through charter schools, private options, voucher programs, or other parent-empowered models,” she said in a statement to The 74. .

    The five-school network uses a controversial intervention that attempts to train children to appear and behave like their neurotypical peers. Created by the researcher behind LGBTQ conversion therapy, applied behavior analysis, or ABA, is widely depicted as the gold standard despite scant independent evidence of its effectiveness and mounting research documenting its harms. 

    Diaz-Harrison opened the network’s first school in 2014 as a free, public alternative to private schools for autistic children, which are popular in Arizona but typically charge tens of thousands of dollars a year in tuition. Her Arizona charter schools are a 501(c)3 nonprofit financed by state and federal per-pupil funds. ABA is specifically endorsed by Arizona education officials as a strategy to use with autistic students.

    In the time since those charters opened, ABA has grown to be a national, multi-billion-dollar industry, with for-profit companies tapping public and private insurance to pay for as much as 40 hours a week of one-on-one therapy. The intervention uses repeated, rapid-fire commands that bring rewards and punishments to change a child’s behavior and communication style.

    A 74 investigation last year showed that most data supporting ABA’s effectiveness is drawn from research conducted by industry practitioners. Independent analyses, including a years-long U.S. Department of Defense review, found little evidence the intervention works. Former patients who underwent the therapy as children reported severe, lasting mental health effects, including PTSD.

    Diaz-Harrison told The 74 the therapy is both valuable and sought-after. “For the autism community, specifically, many families seek schools that integrate positive behavioral strategies,” she says. “The evidence supporting behavioral therapy is extensive and well-established. It has been endorsed by the U.S. surgeon general and the American Academy of Pediatrics as an effective, research-backed approach for individuals with autism.”

    During her visit, McMahon told students and staff she was eager to tell President Donald Trump about the schools. “He doesn’t believe any child, whether they have neuro-difficulties or any other problems, should be trapped in a school and not have the facilities that they need,” she said. 

    Since Trump’s second inauguration, he has issued numerous orders that have alarmed disability advocates and the autistic community. Though both edicts contradict longstanding federal laws, in March he ordered the closure of the Education Department and said responsibility for special education will be transferred to the U.S. Department of Health and Human Services.

    About half of the Education Department’s staff has been fired, including most of the people responsible for investigating what had been a backlog of some 6,000 disability discrimination complaints. Though it’s unclear whether Trump and McMahon may legally disregard special education funding laws and allow states to spend federal dollars as they see fit, both have said they favor giving local officials as much decision-making power as possible.

    Meanwhile, HHS Secretary Robert F. Kennedy Jr. has stoked fear in the autistic community by announcing a new effort to tie autism to vaccines or other “environmental toxins” — a hypothesis discredited by dozens of studies. The man he appointed to head the study has been cited for practicing medicine without a license and prescribing dangerous drugs to autistic children. 

    Last week, the new head of the National Institutes of Health announced that an unprecedented compilation of medical, pharmaceutical and insurance records would be used to create an autism “disease registry” — a kind of list historically used to sterilize, institutionalize and even “euthanize” autistic people. HHS later walked back the statement, saying the database under construction would have privacy guardrails.

    Among other responsibilities, the offices Diaz-Harrison will head identify strategies for improving instruction for children with disabilities and ensure that as they grow up, they are able to be as independent as possible. The disability community has raised concerns that the administration is retreating from these goals.   

    Advocates have said they fear the changes pave the way for a return to the practice of separating students with disabilities in dedicated special ed classrooms rather than having them attend class with typically developing peers. The Individuals with Disabilities in Education Act guarantees special education students the right to instruction in the “least restrictive environment” possible.          

    Families’ preferences vary widely, with some parents of autistic children refusing any form of behavior therapy, while others want their kids in settings with children who share their needs. Many insist on grade-level instruction in general education classrooms 

    Diaz-Harrison has a master’s degree in education and worked as a bilingual teacher in California early in her career. From the late 1990s until she began supporting her son full time, she worked as a public relations strategist and a reporter and anchor for the Spanish-language broadcast network Univision. 

    In 2014, frustrated with her son’s school options, she organized a group of parents and ABA providers who applied for permission to open what was then a single K-5 school serving 90 children. The network now has about 1,000 students in all grades and features an online program. 

    At the end of the 2023-24 academic year, 9% of the network’s students scored proficient or highly proficient on Arizona’s annual reading exam, while 4% passed the math assessments.      

    In December 2022, the network won a $1 million Yass Prize, an award created by Jeff and Janine Yass. The billionaire investors have a long track record of donating to Republican political candidates and organizations that support school choice. 

    One of the award’s creators, Jeanne Allen, is CEO of the Center for Education Reform. The center nominated Diaz-Harrison for the federal role. 

    Yass award winners were featured at the 2023 meeting of the American Legislative Exchange Council, or ALEC, a conservative forum where state lawmakers are given model bills on education and other policies to introduce in their respective statehouses. 

    Diaz-Harrison has partnered with a Florida autism school to create a national charter school accelerator program to help people start schools like hers throughout the country. She told The 74 the effort has so far supported teams of hopeful school founders from Louisiana, Texas, Florida, Alabama and Nevada. 

    Parents of young autistic children and autistic adults often disagree about ABA. Told by their pediatrician or the person who diagnosed their child as autistic that they have a narrow window in which to intervene, families fight to get the therapy. Adults who have experienced it, however, report lasting trauma and have lobbied for research — much of it now at risk of being defunded by Kennedy — into more effective and humane alternatives.


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  • SCOTUS to hear Oklahoma religious charter school case

    SCOTUS to hear Oklahoma religious charter school case

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    The U.S. Supreme Court on Friday agreed to hear St. Isidore of Seville Catholic Virtual School v. Drummond, a case that could set precedent for religious schools’ access to public funds. 

    The case will determine whether a state violates the First Amendment’s Free Exercise Clause by excluding privately run religious schools from the state’s publicly funded charter school program. It will also decide whether a private religious school’s curriculum and practices are considered “state action” because the state funds the school’s free education.

    St. Isidore — which is to be run by the Archdiocese of Oklahoma City and the Diocese of Tulsa — was set to open for the 2024-25 school year as a virtual school, but did not do so due to the ongoing litigation around its constitutionality. Had it opened, it would have been the nation’s first religious charter school.

    The Oklahoma Statewide Virtual Charter School Board approved the school’s contract in 2023 in a 3-2 vote. At the time, board members acknowledged the decision to be controversial and said they expected litigation whichever way their vote went. 

    That contract was ultimately severed in August 2024 following an Oklahoma Supreme Court ruling that found the school would violate the state’s constitution and the First Amendment’s Establishment Clause. The contract could, however, be reinstated depending on the U.S. Supreme Court’s decision. 

    Justice Amy Coney Barrett plans to recuse herself from the case. No date has been set for oral arguments.

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