I know that everyone's following SCOTUS in this final week of the term, but I'd like to offer some quick thoughts about an important church-and-state decision a couple of days ago in Oklahoma. In Drummond v. Oklahoma Statewide Virtual Charter School Board, the Oklahoma Supreme Court ruled 6-2 that the state had violated state and federal law by contracting with a Catholic school to operate a charter school. Although I favor educational pluralism and am open to persuasion, under current SCOTUS religion clause jurisprudence, the Oklahoma court probably got this one right.
Charter schools are a hybrid: publicly chartered (hence the name) and funded but independently managed. Unlike private schools, but like regular public schools, they're free. The state picks up the tab. But unlike regular public schools, and like private schools, charter schools rely on parental choice. Only students whose parents have selected a charter school attend it, though a charter school must accept all who apply. And although charter schools have more flexibility than regular public schools—that's the whole point, to allow competition in the interests of the students—charter schools are more heavily regulated than private schools in terms of curriculum, teacher qualification, and other things.
In Drummond, the Oklahoma Charter School Board contracted with St. Isidore of Seville Catholic Virtual School to run a charter school. St. Isidore forthrightly asserts that it will incorporate Catholic teachings into every aspect of its curriculum. Although most contracts the school board makes with charter schools prohibit religious affiliation, the school board made an exception in this case.
