Charter Schools and Religious Institutions: A Match Made in Heaven?

Abstract

This comment examines the legal issues raised by the involvement of religious institutions in charter schools. First, the discussion centers on the federal and state statutory provisions that restrict the involvement of religious institutions. Second, this comment analyzes the extent to which the Establishment Clause of the U.S. Constitution permits religious institutions to participate in the charter school movement. This is followed by an examination of whether state constitutions provide greater restrictions than the Establishment Clause. Finally, this comment addresses whether charter schools sponsors would violate the constitution by prohibiting religious institutions and their members from participating in charter schools.

Note: This material was first published by Thomson Reuters (Professional) UK Limited, in West's Education Law Reporter as “Charter Schools and Religious Institutions: A Match Made in Heaven” 158 Ed. Law Rep. 1, 2. (2001) and is reproduced by agreement with the author and publishers.

Keywords: charter schools, Establishment Clause, constitution

JEL Classification: K39