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American Focus > Blog > Education > Are Charter Schools Public or Private?
Education

Are Charter Schools Public or Private?

Last updated: May 1, 2025 6:10 am
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Are Charter Schools Public or Private?
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The Supreme Court is set to make a landmark decision that could potentially redefine the nature of charter schools in the United States. At the heart of the case is St. Isidore of Seville Catholic Virtual School, a religious charter school seeking to open in Oklahoma. The crux of the matter lies in whether charter schools should be classified as public or private institutions.

Charter schools, which were established in the 1990s to offer families more educational options, have always occupied a unique space in the education system. While they are publicly funded and free for students to attend, they are often managed by private entities, operate independently of school districts, and are not bound by traditional zoning restrictions. Additionally, charter school teachers are typically not unionized, setting them apart from their public school counterparts.

The case of St. Isidore raises important questions about the separation of church and state. If the Supreme Court rules in favor of St. Isidore, it could set a precedent for religious organizations to operate charter schools in other states. This decision could have far-reaching implications for the future of charter school education.

The legal battle over St. Isidore’s status hinges on the interpretation of Oklahoma state law. Advocates for the school argue that it was created by the Archdiocese of Oklahoma City and the Diocese of Tulsa, and is operated by a board of private citizens. They contend that St. Isidore is a private school with a government contract, rather than a purely public institution.

Opponents of allowing religious organizations to run charter schools argue that such a move would constitute religious discrimination. The National Alliance for Public Charter Schools, for instance, opposes the idea of religious institutions operating charter schools. They maintain that charter schools are fundamentally public entities, as they require government approval to open.

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The outcome of this case could have significant implications for the charter school movement as a whole. With millions of students currently enrolled in charter schools across the country, the decision of whether they should be classified as public or private institutions is of paramount importance. It remains to be seen how the Supreme Court will rule on this pivotal issue.

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