Latest news with #educationrights
The Guardian
22-05-2025
- Politics
- The Guardian
US supreme court blocks religious charter school in split ruling
The US supreme court on Thursday blocked a bid led by two Catholic dioceses to establish in Oklahoma the nation's first taxpayer-funded religious charter school in a major case involving religious rights in American education. The 4-4 ruling left intact a lower court's decision that blocked the establishment of St Isidore of Seville Catholic virtual school. The lower court found that the proposed school would violate the US constitution's first amendment limits on government involvement in religion. Conservative justice Amy Coney Barrett recused herself from the case, leaving eight justices rather than the full slate of nine to decide the outcome. Barrett is a former professor at Notre Dame Law School, which represents the school's organizers. When the supreme court is evenly divided, the lower court's decision stands. The justices did not provide a rationale for their action in the unsigned ruling. Set up as alternatives to traditional public schools, charter schools typically operate under private management and often feature small class sizes, innovative teaching styles or a particular academic focus. Charter schools are considered public schools under Oklahoma law and draw funding from the state government. St Isidore, planned as a joint effort by the Catholic Archdiocese of Oklahoma City and Diocese of Tulsa, would offer virtual learning from kindergarten through high school. Its plan to integrate religion into its curriculum would make it the first religious charter school in the United States. The proposed school has never been operational amid legal challenges to its establishment. The case explored the tension between the two religion clauses of the US constitution's first amendment. Its 'establishment clause' prohibits the government from establishing or endorsing any particular religion or promoting religion over nonreligion. Its 'free exercise' clause protects the right to practice one's religion freely, without government interference. Oklahoma's Republican attorney general, Gentner Drummond, sued in October 2023 to block St Isidore in a legal action filed at the Oklahoma supreme court, saying he was duty bound to 'prevent the type of state-funded religion that Oklahoma's constitutional framers and the founders of our country sought to prevent.' Republican Oklahoma governor Kevin Stitt backed the proposed school, as did Donald Trump's administration. Opponents have said religious charter schools would force taxpayers to support religious indoctrination. Establishing them also could undermine nondiscrimination principles, they argued, because religious charter schools might seek to bar employees who do not adhere to doctrinal teachings. Organizers estimated in 2023 that St Isidore would cost Oklahoma taxpayers up to $25.7m over its first five years in operation. The Oklahoma charter school board in June 2023 approved the plan to create St Isidore in a 3-2 vote. Oklahoma's top court in a 6-2 ruling last year blocked the school. It classified St Isidore as a 'governmental entity' that would act as 'a surrogate of the state in providing free public education as any other state-sponsored charter school'. That court decided that the proposal ran afoul of the establishment clause. The first amendment generally constrains the government but not private entities. St Isidore, the court wrote, would 'require students to spend time in religious instruction and activities, as well as permit state spending in direct support of the religious curriculum and activities within St Isidore – all in violation of the establishment clause'. School board officials and St Isidore argued in supreme court papers that the Oklahoma court erred by deeming St Isidore an arm of the government rather than a private organization. They argued that the government had not delegated a state duty to St Isidore merely by contracting with it, and that the school would function largely independently of the government. They also argued that Oklahoma's refusal to establish St Isidore as a charter school solely because it is religious is discrimination under the first amendment's free exercise clause. The supreme court has recognized broader religious rights in a series of rulings in recent years. It ruled in a Missouri case in 2017 that churches and other religious entities cannot be flatly denied public money based on their religious status – even in states whose constitutions explicitly ban such funding. In 2020, it endorsed Montana tax credits that helped pay for students to attend religious schools. In 2022, it backed two Christian families in their challenge to Maine's tuition-assistance program that had excluded private religious schools.
Reuters
22-05-2025
- Politics
- Reuters
Split US Supreme Court blocks taxpayer-funded religious charter school
WASHINGTON, May 22 (Reuters) - The U.S. Supreme Court on Thursday blocked a bid led by two Catholic dioceses to establish in Oklahoma the nation's first taxpayer-funded religious charter school in a major case involving religious rights in American education. The 4-4 ruling left intact a lower court's decision that blocked the establishment of St. Isidore of Seville Catholic Virtual School. The lower court found that the proposed school would violate the U.S. Constitution's First Amendment limits on government involvement in religion. Conservative Justice Amy Coney Barrett recused herself from the case, leaving eight justices rather than the full slate of nine to decide the outcome. Barrett is a former professor at Notre Dame Law School, which represents the school's organizers. When the Supreme Court is evenly divided, the lower court's decision stands. The justices did not provide a rationale for their action in the unsigned ruling. Set up as alternatives to traditional public schools, charter schools typically operate under private management and often feature small class sizes, innovative teaching styles or a particular academic focus. Charter schools are considered public schools under Oklahoma law and draw funding from the state government. St. Isidore, planned as a joint effort by the Catholic Archdiocese of Oklahoma City and Diocese of Tulsa, would offer virtual learning from kindergarten through high school. Its plan to integrate religion into its curriculum would make it the first religious charter school in the United States. The proposed school has never been operational amid legal challenges to its establishment. The case explored the tension between the two religion clauses of the U.S. Constitution's First Amendment. Its "establishment clause" prohibits the government from establishing or endorsing any particular religion or promoting religion over nonreligion. Its "free exercise" clause protects the right to practice one's religion freely, without government interference. Oklahoma's Republican Attorney General Gentner Drummond sued in October 2023 to block St. Isidore in a legal action filed at the Oklahoma Supreme Court, saying he was duty bound to "prevent the type of state-funded religion that Oklahoma's constitutional framers and the founders of our country sought to prevent." Republican Oklahoma Governor Kevin Stitt backed the proposed school, as did Republican President Donald Trump's administration. Opponents have said religious charter schools would force taxpayers to support religious indoctrination. Establishing them also could undermine nondiscrimination principles, they argued, because religious charter schools might seek to bar employees who do not adhere to doctrinal teachings. Organizers estimated in 2023 that St. Isidore would cost Oklahoma taxpayers up to $25.7 million over its first five years in operation. The Oklahoma charter school board in June 2023 approved the plan to create St. Isidore in a 3-2 vote. Oklahoma's top court in a 6-2 ruling last year blocked the school. It classified St. Isidore as a "governmental entity" that would act as "a surrogate of the state in providing free public education as any other state-sponsored charter school." That court decided that the proposal ran afoul of the establishment clause. The First Amendment generally constrains the government but not private entities. St. Isidore, the court wrote, would "require students to spend time in religious instruction and activities, as well as permit state spending in direct support of the religious curriculum and activities within St. Isidore - all in violation of the establishment clause." School board officials and St. Isidore argued in Supreme Court papers that the Oklahoma court erred by deeming St. Isidore an arm of the government rather than a private organization. They argued that the government had not delegated a state duty to St. Isidore merely by contracting with it, and that the school would function largely independently of the government. They also argued that Oklahoma's refusal to establish St. Isidore as a charter school solely because it is religious is discrimination under First Amendment's free exercise clause. The Supreme Court has recognized broader religious rights in a series of rulings in recent years. It ruled in a Missouri case in 2017 that churches and other religious entities cannot be flatly denied public money based on their religious status - even in states whose constitutions explicitly ban such funding. In 2020, it endorsed Montana tax credits that helped pay for students to attend religious schools. In 2022, it backed two Christian families in their challenge to Maine's tuition-assistance program that had excluded private religious schools.
BBC News
14-05-2025
- Politics
- BBC News
Oxfordshire parents fear bill could erode home education freedoms
Oxfordshire parents and home education campaigners have said they are deeply concerned a new government bill will erode their Children's Wellbeing and School's Bill will introduce wide-ranging changes, including a register of children in England who are not currently attending school, as well as increased powers for parents have told the BBC they believe they should be free to choose the best educational options for their Department for Education said it supported parents' right to home educate when the education was "suitable" and "in the child's best interests". The bill has cleared the House of Commons and has had its second reading in the House of would give local authorities the power to require school attendance if the home is deemed an unsafe environment. Parents would also have the automatic right to home educate their children withdrawn if their child is subject to a child protection investigation or under a child protection government said the reforms were needed to protect thousands of vulnerable children. But Emily Thompson from Bicester, who home educates all five of her children, said it felt like "the first step towards eradicating home education". "I think it will strip away the freedoms that home educators have and it will force us to conform to national curriculum standards," she said."I don't think that's of any benefit to parents or children."Aime Miles from Kingham, a campaigner with Home Education Alliance, said the bill was causing huge concern for families who believe local authorities could force their children to attend school. She told the BBC that while some families choose to home educate for philosophical reasons, many opt to do it as a last resort, after being let down by the system."There are an awful lot of families who say they feel terrified, some are crippled with anxiety over this," she said."It's becoming a very horrible situation where we distrust parents to parent. "What we should be doing is supporting them in whatever decision they've made for the benefit of their child."Ellie Pirrie from the National Society for the Prevention of Cruelty to Children said the bill should not negatively impact home educating families. "It's about upholding parents' rights to home educate but also about balancing that with the existing duties of local authorities," she said adding that for the vast majority of families "nothing should change".A Department for Education spokesperson said: "We want children to have the best life chances no matter the education setting."That's why the Children's Wellbeing and Schools Bill will introduce new measures to help local authorities in their role ensuring all children receive a suitable education." You can follow BBC Oxfordshire on Facebook, X (Twitter), or Instagram.
