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The U.S. Supreme Court’s recent ruling in St. Isidore of Seville Catholic Virtual School v. Drummond affirms what Minnesotans have long understood: Charter schools are public schools — and public means nonreligious.
In 1991, the Minnesota Legislature pioneered a transformative approach to education by creating charter schools — public schools governed by nonprofit or cooperative groups of educators, parents and community members. These schools, granted a “public charter,” were established to foster new and innovative educational opportunities. According to MN Statute 124E.03, “A charter school is a public school and is part of the state’s system of public education.” This means that, while the organization that governs a charter school is a nonprofit, the school program itself is a public school, and as such is a state actor.
The notion of a “religious public charter school” is not only contradictory — it is unconstitutional. Charter schools are bound by both federal and state constitutions, including the First Amendment, which enshrines the principle of the separation of church and state. Allowing a sectarian organization to operate a public charter school violates the letter and spirit of Minnesota’s charter school law.
Charter schools, like all public schools, must adhere to the Establishment Clause of the First Amendment, which requires neutrality toward religion. Courts have consistently held that public schools may neither promote nor inhibit religion, nor prefer one faith over another — or religion over nonreligion. Thus, as charter schools are public schools, they cannot do anything that promotes a particular religion or faith.
At the Minnesota Association of Charter Schools, we believe deeply in the unique and essential roles that both public education and religious institutions play in the development of young people. But those roles are distinct. Blurring the lines between them threatens not only the charter sector but also the broader ideals of religious liberty and democratic governance.
Founded to provide community-responsive, innovative and equitable public educational choices, chartered public schools succeed by upholding these important constitutional principles. By remaining neutral and inclusive, they can fulfill their mission while protecting both religious liberty and the democratic values that sustain our society.