Religious charter school case in court today

As I said the last time I posted something from this charter promotion outfit on this topic…   So much for the separation of church and state.  I guess only certain amendments are important!

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Good morning! Today, the Oklahoma Supreme Court will hear arguments in a precedent-setting case that examines whether publicly funded charter schools — which must uphold the same civil rights as traditional schools — can explicitly endorse religion. Both sides recognize the significance of the moment. “It’s part of history, so I’m glad I’m going to be sitting there to watch how this unfolds,” said Robert Franklin, chair of the state’s Virtual Charter School Board and one of the members who opposed St. Isidore of Seville Catholic Virtual School’s charter application last June. The application was approved on a 3-to-2 vote. Franklin supports school choice but said, “In Oklahoma, we’re pushing this as far and as fast as we possibly can. I think it’s going to have some significant consequences.” Linda Jacobson has a preview. Charter Schools Church v. State: Oklahoma’s High Court Set to Hear Precedent-Setting Charter Case The Oklahoma Supreme Court will hear a precedent-setting case today that examines whether publicly funded charter schools can explicitly endorse religion. Republican Attorney General Gentner Drummond will argue that the St. Isidore of Seville Catholic Virtual School violates the law, Linda Jacobson reports, while attorneys for the school say that preventing it from opening this fall would constitute religious discrimination that flies in the face of recent U.S. Supreme Court opinions. Go Deeper: Flashback 2023: Battle Over Nation’s 1st Religious Charter School Heads to Oklahoma Courts Andy Smarick: Analysis — Opening the Door to Faith-Based Charter Schools Supreme Court: Skirts Question of Whether Charter Schools are Public

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ELC’s 2023 By The Numbers

Note the reference to the OKPLAC, Inc. v. Statewide Virtual Charter School Board case below.

If you have trouble viewing this news alert, please click here. As we approach the end of 2023 and our 50th anniversary year, we want to share some highlights of Education Law Center’s work over the past 12 months. Our efforts to advance well-resourced, diverse, safe and welcoming learning environments for public school students in New Jersey and across the country, and to promote racial justice, oppose education privatization, and protect students’ education rights have made us a national leader in the fight to defend and strengthen public education. Please consider making a tax-deductible contribution to support our work. Donate Now Fighting for Public Education and the Nation’s Students ELC joined important lawsuits in New Jersey and other states to protect equitable educational opportunities for all public school students this year including: C.P. v. New Jersey Department of Education, a federal class action lawsuit seeking to shorten the significant delays in New Jersey’s flawed special education hearing process. OKPLAC, Inc. v. Statewide Virtual Charter School Board, which seeks to stop Oklahoma from establishing the country’s first religious public charter school. Eidson v. South Carolina Department of Education, which asks the SC Supreme Court to strike down a recently enacted, unconstitutional, private school voucher program in that state. Advocacy Highlights ELC advocated for full state aid funding and much needed funding formula review for public schools in New Jersey and New York, and for additional school funding in states across the country. We provided advice, information, and referrals to 120+ parents and caregivers through our intake system. In addition, 300+ calls were fielded from social service agencies, school district employees, and other education stakeholders, who called ELC seeking information on school law and other related matters. Read more about ELC’s advocacy in 2023. Communications Our organization and staff have been mentioned or quoted in 100+ news stories in both state and national outlets. We released 47 e-blasts on various topics and posted information about and links to those blasts on social media. Read ELC 2023 e-blasts here. Publications ELC released 4 publications to assist advocates working in New Jersey and across the country. This year, our major reports focused on school funding and school desegregation. Making the Grade: How Fair is School Funding in Your State? What Will It Take to Achieve Funding Adequacy for All Michigan Students? Equity and Diversity: Defining the Right to Education for the 21st Century Money Matters: Evidence Supporting Great Investment in PK-12 Public Education ELC’s campaign, Public Funds Public Schools, which fights private school vouchers and other diversions of public funding from public education, published 2 policy briefs on school privatization: Let the Illinois ‘Invest in Kids’ Private School Voucher Law Sunset and Keep Public Funds in Texas Public Schools. PFPS also released a research report, The Fiscal Consequences of Private School Vouchers, which examines the growth in voucher programs and spending in seven states from fiscal year 2008 through fiscal year 2019, and a fact sheet, The True Cost of Private School Vouchers, which explains that voucher programs are expensive, that spending on vouchers increases over time, and that voucher program costs frequently outpace initial estimates. View all ELC publications here. Webinars ELC hosted 5 webinars in 2023:   Federal Anti-Discrimination Laws that Protect English Learners’ Rights: An Information Session with the Civil Rights Division of the U.S. Attorney’s Office for the District of New Jersey, in collaboration with the New Jersey Teachers of English to Speakers of Other Languages/New Jersey Bilingual Educators (NJTESOL/NJBE) and the New Jersey Consortium for Immigrant Children (NJCIC)   Money Matters: Evidence Supporting Greater Investment in PK-12 Public Education, in partnership with ETS and the Learning Policy Institute, highlighting new research on the impact of investments in PK-12 public education.   The Plot to Undermine Public Education: A Conversation with Investigative Reporter Nick Surgey, co-hosted with the Network for Public Education, pulled back the veil on a multi-year attempt to siphon away “billions of tax dollars from public schools.”   These 2 webinars were hosted by Public Funds Public Schools:   A Conversation with the Editors of The School Voucher Illusion   The Fiscal Consequences of Private School Vouchers New Executive Director ELC welcomed Robert Kim as the organization’s new Executive Director as of March 1, 2023. Read more about Bob here. ELC’s 50th Anniversary 2023 marked ELC’s 50th Anniversary! We celebrated with a panel discussion entitled “Promise and Perils in Public Education: Past, Present, and Future,” featuring Newark Mayor Ras Baraka, NEA Executive Director Kim Anderson, AFTNJ President Donna Chiera, University of South Carolina Professor of Law Derek Black, and Schott Foundation President & CEO Dr. John Jackson, followed by a reception attended by 200 guests.   The program concluded with a farewell to ELC’s longtime Executive Director, David Sciarra, who stepped down earlier this year after 26 years of leading the organization. ELC staff and trustees thanked David for his many years of leadership and fierce advocacy in defense of public education. Read more about ELC’s 50th anniversary here. Three New Board Members (From left to right: Dr. Jacqueline Jones, Dr. Kevin Welner, and Dr. Janelle Scott) Dr. Jacqueline Jones, Dr. Kevin Welner, and Dr. Janelle Scott joined our Board of Trustees, bringing experience and expertise in early education, opportunity gaps, school diversity and much more to ELC. Read more about ELC’s new Trustees here. Recognition ELC was honored with a video tribute from Senator Cory Booker, as well as Senate and Assembly Resolutions, on our 50th anniversary. Assemblywoman Mila Jasey presented the Assembly Resolution during the event and spoke eloquently about ELC’s impact.   ELC’s Research Director, Dr. Danielle Farrie, testified (by invitation) before Pennsylvania’s Basic Education Funding Commission, a bi-partisan group charged with reviewing the distribution of state school aid and addressing issues raised in the William Penn School District v. Pennsylvania Department of Education school finance lawsuit. ELC Executive Director Robert Kim was honored by his alma mater, Williams College, with a Bicentennial Medal for his advancements in equity and education during the College’s recent Convocation ceremony. Help Us Defend Education Rights and Racial Justice in 2024 and Beyond! Make a donation to ELC. As a non-profit organization, we rely on the generous contributions of individuals like you, corporations, and foundations to support our work. Donate Now ELC’s partnership with FreeWill, an online estate planning tool, allows our supporters to create their free legal will while supporting our efforts to promote equal educational opportunity, racial justice and students’ rights. Please let us know if you have already included a gift to ELC in your estate planning. FreeWill Our supporters are also able to turn their intent into impact by donating stock to ELC. This can help you meet your giving goals, enjoy potential tax benefits, and contribute to ELC’s lasting legacy. Donate Stock Many thanks to our 2023-24 funders and pro bono partners for supporting our work in 2023! Share on Twitter

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Faith Leaders, Education Advocates, and Parents Seek to Join Oklahoma Attorney General’s Lawsuit Opposing Operation of a Religious Public Charter School

Note this important information about this Catholic cyber charter school in Oklahoma.

If you have trouble viewing this news alert, please click here. About Us News Donate Now Please consider making a tax-deductible donation to ELC to support our work. November 14, 2023 FAITH LEADERS, EDUCATION ADVOCATES, AND PARENTS SEEK TO JOIN OKLAHOMA ATTORNEY GENERAL’S LAWSUIT OPPOSING OPERATION OF A RELIGIOUS PUBLIC CHARTER SCHOOL OKLAHOMA CITY — A group of faith leaders, public-education advocates, and public-school parents – who are among the plaintiffs in a lawsuit filed on July 31, 2023, to stop Oklahoma from sponsoring and funding the nation’s first religious public charter school – are seeking to join a similar lawsuit recently filed by Oklahoma Attorney General Gentner Drummond. The organizations representing the plaintiffs – Americans United for Separation of Church and State, the American Civil Liberties Union, Education Law Center, and Freedom From Religion Foundation – released the following statement:   “Oklahoma’s public schools must remain free from discrimination and religious indoctrination. We applaud and appreciate Attorney General Drummond’s efforts to protect public education and the separation of church and state in Oklahoma. We look forward to continuing our longstanding defense of these core American values. “Our clients’ proposed intervention would benefit the Attorney General’s lawsuit because they are among the people – parents, students, families, educators, clergy, taxpayers, and a citizen of the Muscogee (Creek) Nation – who will suffer if a religious public school is permitted to open. They and their children will be excluded by the school’s discriminatory practices. They will be taxed by the government and forced to financially support a religion that many of them do not share. Their interests and diverse perspectives are valuable and will help the Oklahoma Supreme Court reach a just outcome. “The legal team representing these individuals includes the nation’s top religious-freedom, church-state separation, and education-rights lawyers. These litigators have a breadth of knowledge, experience, and expertise that will add to the Oklahoma Supreme Court’s understanding of the issues and arguments in this case. Our joining in the lawsuit makes sense. “The law is clear: Charter schools are public schools that must be secular and serve all students. St. Isidore of Seville Catholic Virtual Charter School plans to discriminate against students, families, and staff and indoctrinate students into one religion. Allowing a religious public charter school like St. Isidore to operate would be a sea change for our democracy.”   Background: On October 20, 2023, Oklahoma Attorney General Gentner Drummond filed a lawsuit against the Oklahoma Statewide Virtual Charter School Board and its members to “undo the unlawful sponsorship of St. Isidore of Seville Virtual Charter School.” The Board approved the religious public charter school contrary to an opinion issued by Drummond’s office, which explained that it would be unconstitutional. AG Drummond filed his lawsuit directly with the Supreme Court of Oklahoma. On July 31, 2023, AU, the ACLU, ELC, and FFRF, supported by Oklahoma-based counsel Odom & Sparks PLLC and J. Douglas Mann, filed a lawsuit, OKPLAC, Inc. v. Statewide Virtual Charter School Board, on behalf of a group of faith leaders, public-school parents, and public-education advocates who object to their tax dollars funding a public charter school that will discriminate against students and families based on their religion and LGBTQ+ status, fail to adequately serve students with disabilities, and indoctrinate students into one religion. The lawsuit charges that the Oklahoma Statewide Virtual Charter School Board violated the Oklahoma Constitution, the Oklahoma Charter Schools Act, and the board’s own regulations when it approved St. Isidore’s application for charter school sponsorship on June 5, 2023. The taxpayers seeking to join the Attorney General’s lawsuit are Melissa Abdo, Krystal Bonsall, Brenda Lené, Michele Medley, Dr. Bruce Prescott, the Rev. Dr. Mitch Randall, and the Rev. Dr. Lori Walke. The team of attorneys that represents the taxpayers in their effort to participate in the Attorney General’s lawsuit is led by Alex J. Luchenitser and Kenneth D. Upton Jr. of Americans United and includes Kalli A. Joslin, Jenny Samuels, and Sarah Taitz of Americans United; Daniel Mach and Heather L. Weaver of the ACLU; Robert Kim, Jessica Levin, and Wendy Lecker of Education Law Center; Patrick Elliott of FFRF; and Benjamin H. Odom, John H. Sparks, Michael W. Ridgeway, and Lisa M. Millington of Odom & Sparks. Resources: The legal documents filed by the taxpayers seeking to join the Attorney General’s lawsuit.   Contacts: Requests for information or media interviews should be directed to: Americans United: Liz Hayes, media@au.org, 724.493.2834 ACLU: ACLU Media, media@aclu.org, 212.549.2666 Education Law Center: Sharon Krengel, skrengel@edlawcenter.org, 973.624.1815, x240 FFRF: Patrick Elliott, patrick@ffrf.org or Annie Laurie Gaylor, 608.256.8900 ### Americans United is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of church-state separation in safeguarding religious freedom. Learn more at www.au.org. For more than 100 years, the ACLU has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all. For more information on the ACLU, visit www.aclu.org. Education Law Center pursues justice and equity for public school students by enforcing their right to a high-quality education in safe, equitable, non-discriminatory, integrated, and well-funded learning environments. We seek to support and improve public schools as the center of communities and the foundation of a multicultural and multiracial democratic society. For more information about ELC, visit https://edlawcenter.org/.  The Freedom From Religion Foundation is a national nonprofit organization with over 40,000 members across the country. Our purposes are to protect the constitutional principle of separation between state and church, and to educate the public on matters relating to nontheism.   Press Contact: Sharon Krengel Director of Policy, Strategic Partnerships and Communications Education Law Center 60 Park Place, Suite 300 Newark, NJ 07102 973-624-1815, ext. 240 skrengel@edlawcenter.org Share on Twitter RELATED STORY Oklahomans File Lawsuit to Stop State from Sponsoring Nation’s First Religious Charter School   Read More Help support our work to ensure that all public school children receive a high-quality education in a safe, equitable, non-discriminatory, integrated, and well-resourced learning environment. Make a legacy gift today, and give smarter by donating appreciated stock to ELC.

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K-12 Education Daily Dive – Charter schools continue market share gains

In light of the previous entry on News Article – Dueling Lawsuits Open Up Questions About Leading Online Learning Company, this isn’t the best of news for public education.

Charter schools continue market share gains

Growth is greater in pro-school choice states, but it’s also evident in less charter-friendly states, according to a Moody’s report.

Bias and “The Media”

So last week sometime I received this message from a “news” organization called The74.

Good morning, friends: I want to give you one more reason to support The 74. In November 2024, we’ll be looking at another national election, and one way or another, education will be on the ballot. We expect to hear legitimate discussions about things like parental choice and which party has better ideas for lifting student achievement.  We also expect some politicians to exploit divisions about teaching racial history or gender issues in schools. Whichever direction the political debate goes, The 74 will be there to separate fact from fiction, and give parents the most accurate picture of the issues. This is what we do. But because The 74 is a nonprofit publication, this coverage is only possible with the support of people like you. Our Fall campaign is about to end. We need over $600 in donations by midnight tomorrow to hit our campaign goal of $2,500. PLEASE become a member and support The 74’s journalism. I AM READY TO DONATE Thank you, Jim Roberts Publisher, The 74 The 74 Media 222 Broadway, 22nd Floor New York, NY 10038

The reason this caught my attention was that on the same day, one of their regular mailing included this news item.

Union Report

FBI and IRS Raid Local Teachers Union Headquarters in Jacksonville, Florida Federal agents raided the headquarters of Duval Teachers United in Jacksonville, Florida, on Sept. 6, carrying away computers and financial documents. A raid is not itself evidence of a crime, but the union’s finances aren’t a complete cipher — and its officer salaries are off the scale. The president earned more than $326,000 and the executive vice president almost $327,000 in 2019-20, a huge hike from previous years and far more than officers in comparable teachers unions are paid. Mike Antonucci takes a look in this week’s Union Report.

I suppose the reason the two connected for me was because The74 sends me a daily message with the education “news” – and while this was the first time I had seen a story about potential union corruption, but it also got me thinking about their coverage of other types of corruption in the education field.

So I did some searching…  During the 2022-23 school year one of the major cyber charter school scandals with Epic Charter School in Oklahoma.  Over a period of  decade it had inflated enrollment figures to steal over 30 million from the state, and its owners had been charged with racketeering, embezzlement, and computer fraud.  And of course, “whichever direction the political debate [went], The 74 [was] there to separate fact from fiction” with the publication of 0 stories.

A ten year scandal resulting in over $30 million of embezzled money by a charter school, complete silence.  But the possibility of impropriety from a union, and the chance to imply corruption by publishing their executive salaries, The74 are all over that!

Does anyone remember when the United States required the media to actually tell the truth?  Seems like so long ago…