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The school argued they were not a charter school. The judge disagreed. So whether a charter school can be religious wasn't really considered.
So whether a charter school can be religious wasn’t really considered.
If it wasn't considered thoroughly, it was only because the court decided it was obvious. The school tried to say that they didn't count as a public school, because they're a private entity contracting with the state, but the court said, "No, you only exist as a school because you pursued a contract to use state funding. You are a charter school, and in OK charter schools are public schools, and public schools are not to be explicitly religious."
This case was so beyond the pale that it wasn't even enough to cite state caselaw saying it was okay for the state to pay a Baptist orphanage to house native American kids because the orphanage didn't make them go to church or convert. The case very clearly confirms that charter schools, as they are structured in Oklahoma, have to at least put on a pretense of nonsectarianism. Otherwise, they need to be private schools and try to leverage less direct ways to extract money from the state. This is harder because the funds are not guaranteed upon enrollment.
Now all THAT said, I assume the school will appeal and find out just how much Clarence Thomas hates reading other people's court decisions when he can simply skim a pocket copy and decide he knows best and his first instinct is always right.
For once, OK is (temporarily) OK? Never thought I'd see the day!
this post was submitted on 26 Jun 2024
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