Religious Charter Schools: Are They Constitutionally Permissible?

Abstract

ABSTRACTAn analysis of the jurisprudence related to religious schools and public funding, grounded in the interpretation of the Establishment Clause and the Free Exercise Clause of the First Amendment, suggests that religious charter schools may be constitutionally permissible. Moreover, recent Supreme Court cases may provide a stronger argument for supporting the participation of religious charter schools on free exercise and neutrality grounds. The question may come down to whether charter schools are legally regarded as public or private schools, an open question with conflicting jurisprudence. How this question is ultimately resolved has significant implications for the future role of religious schools and an understanding of educational freedom and pluralism in America.