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Avoiding the Supreme Court's Religious Charter-School Trap: Governance Change for the New Legal Era

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Bibliographic Details
Title: Avoiding the Supreme Court's Religious Charter-School Trap: Governance Change for the New Legal Era
Language: English
Authors: Kevin G. Welner, Carol C. Burris, Preston C. Green III, University of Colorado at Boulder, National Education Policy Center (NEPC)
Source: National Education Policy Center. 2026.
Availability: National Education Policy Center. School of Education 249 UCB University of Colorado, Boulder, CO 80309. Tel: 303-735-5290; e-mail: nepc@colorado.edu; Web site: http://nepc.colorado.edu
Peer Reviewed: Y
Page Count: 33
Publication Date: 2026
Sponsoring Agency: Great Lakes Center for Education Research and Practice
Document Type: Reports - Evaluative
Descriptors: Court Litigation, Religious Schools, Charter Schools, Governance, Legal Problems, Educational Finance, Educational Change, Constitutional Law, State Policy, State Church Separation, Religious Discrimination, Accountability, Financial Audits
Abstract: Forty-six states and the District of Columbia permit charter schools to open, and 33 states plus D.C. allow independently governed charter schools that the Supreme Court may soon declare to be non-state actors not bound by constitutional obligations. This could create major legal tensions, as states may be unable to exclude religious charter schools from public funding while also losing the ability to enforce constitutional protections against discrimination and government establishment of religion. The issue stems from the Supreme Court's increasing willingness to require states to fund religious institutions on equal terms with secular ones, potentially opening the door to publicly funded religious charter schools. States with independently governed charters could face heightened constitutional risk, while those with district-governed charter systems may be better positioned to preserve charter schools' public character and oversight.
Abstractor: As Provided
Entry Date: 2026
Accession Number: ED681114
Database: ERIC
Description
Abstract:Forty-six states and the District of Columbia permit charter schools to open, and 33 states plus D.C. allow independently governed charter schools that the Supreme Court may soon declare to be non-state actors not bound by constitutional obligations. This could create major legal tensions, as states may be unable to exclude religious charter schools from public funding while also losing the ability to enforce constitutional protections against discrimination and government establishment of religion. The issue stems from the Supreme Court's increasing willingness to require states to fund religious institutions on equal terms with secular ones, potentially opening the door to publicly funded religious charter schools. States with independently governed charters could face heightened constitutional risk, while those with district-governed charter systems may be better positioned to preserve charter schools' public character and oversight.