Attorney General Bonta to U.S. Supreme Court: Taxpayer Funded Charter Schools Must Abide by Constitution, Remain Secular

OAKLAND — California Attorney General Rob Bonta today joined 18 attorneys general in filing an amicus brief supporting the Attorney General of Oklahoma and urging the U.S. Supreme Court to reject the creation of a publicly funded religious charter school. In the brief, filed in Oklahoma Statewide Charter School Board v. Drummond, the attorneys general ask the court to uphold a ruling by the Oklahoma Supreme Court, which found that approval of the school violated both state and federal constitutions. 

“Charter schools are taxpayer-funded public schools, not private contractors or religious institutions, and must still abide by constitutional rules,” said Attorney General Bonta. “This means charter schools must be open to all students, charge no tuition, and stay free of religious instruction. I urge the U.S. Supreme Court to uphold the Oklahoma Supreme Court's decision — the structure and government of public schools should remain with the states, not the federal courts.”

Charter schools are publicly funded, tuition-free schools that operate independently from traditional school districts. These schools offer greater flexibility in curriculum, staffing, and operations to tailor their programs to meet the needs of their students. In exchange for this flexibility, charter schools are held accountable for meeting specific performance goals outlined in their charter — or contract — with their governing body. 

The case in question centers on St. Isidore of Seville Catholic Virtual School, which Oklahoma’s Statewide Charter School Board approved to operate as a public charter school with a religious mission. The Attorney General of Oklahoma sought review of that decision in the Oklahoma Supreme Court, which agreed and held that the creation of the school violated the Establishment Clause of the First Amendment and state law. In today's brief, the attorneys general ask the U.S. Supreme Court to uphold this ruling.

In the brief, the attorneys general argue that under the First Amendment, charter schools — like all public schools — must remain secular. The attorneys general argue that the choice of how to structure and govern public schools should remain with the states, not the federal courts. All states with charter schools require these schools to remain non-religious, and requiring states to allow religious charter schools would override those laws. The brief also warns that changing the legal status of charter schools could destabilize how they are funded and operated. Many states and key stakeholders rely on charter schools being public institutions, and a ruling that reclassifies them as private could disrupt billions of dollars in public education investment.

In filing today’s brief, Attorney General Bonta joins the attorneys general of Colorado, Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, and the District of Columbia. 

A copy of the brief can be found here.