Word came yesterday from the National Alliance for Public Charter Schools that it has filed an amicus brief backing the efforts of Oklahoma Attorney General Gentner Drummond to stop the opening of the St. Isidore of Seville Catholic Virtual Public Charter School. The Alliance’s senior vice president for state advocacy and support Todd Ziebarth, whose title in light of this action seems Orwellian, stated the following:

“Since the Oklahoma Statewide Virtual Charter School Board’s approval of a charter contract for a religious charter school, the National Alliance for Public Charter Schools has stood firmly in solidarity with the Oklahoma Attorney General to declare religious charter schools unconstitutional and to affirm that all public schools must maintain their status as public, non-discriminatory, and non-religious for all.” 

“To this end, we filed an amicus brief with the Oklahoma State Supreme Court to proactively highlight that the Board’s actions to approve, contract with, and oversee the religious charter school violate the Establishment Clause.”

Unfortunately for Mr. Ziebarth, he is misunderstanding the United States Constitution’s First Amendment. But you do not have to take it from me. We now have a long line of Supreme Court cases that have given the green light to public funds going to religious institutions, most recently in Carson v Makin in which parents in Maine sued to be able to send their children to a Catholic high school in a rural area where traditional public schools are not located. As in this instance, just like in Zelman v. Simmons-Harris in 2002; Trinity Lutheran Church of Columbia, Inc., vs. Comer in 2017; and Espinoza v. Montana Department of Revenue in 2020, the words of Chief Justice John Roberts in Espinoza rings true, [The blocking of the use of taxpayer dollars] “discriminated against religious schools and the families whose children attend or hope to attend them in violation of the Free Exercise Clause of the Federal Constitution.”

Mr. Drummond goes on to remark, “All charter schools are public schools. The National Alliance firmly believes charter schools, like all other public schools, may not be religious institutions or discriminate against any student or staff member on the basis of sex, gender, race, disability, or religious preference.”

Agreed. Also concurring with this opinion are the founders of St. Isidore. The school’s website under admissions declares, “It is the policy of St. Isidore of Seville Catholic Virtual School not to discriminate on the basis of race, color, religion, gender, national origin, age, or disability in its programs or employment practices as required by Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973.”

In light of the explosion of school choice plans across the country, this effort by the National Alliance to limit individual freedom appears antiquated. If the mission of the group as it asserts “is to lead public education to unprecedented levels of academic achievement by fostering a strong charter school movement” is no longer relevant, then it should go ahead and close up shop.