California Attorney General Rob Bonta, along with 18 other attorneys general, has submitted an amicus brief to the U.S. Supreme Court, urging them to reject the establishment of a publicly funded religious charter school. The filing is in support of the Attorney General of Oklahoma in the case Oklahoma Statewide Charter School Board v. Drummond. The attorneys general are appealing to the court to uphold a ruling by the Oklahoma Supreme Court, which ruled that the approval of the school violated both state and federal constitutions.
Attorney General Bonta stated, “Charter schools are taxpayer-funded public schools, not private contractors or religious institutions, and must still abide by constitutional rules. This means charter schools must be open to all students, charge no tuition, and stay free of religious instruction. I urge the U.S. Supreme Court to uphold the Oklahoma Supreme Court's decision — the structure and government of public schools should remain with the states, not the federal courts.”
Charter schools, which are publicly funded and tuition-free, operate independently of traditional school districts. They offer flexibility in their curriculum and operations, allowing them to tailor their programs to student needs. In return for this flexibility, they must meet specific performance goals outlined in their charter.
The case revolves around St. Isidore of Seville Catholic Virtual School, which the Statewide Charter School Board in Oklahoma approved to function as a public charter school with a religious mission. The Oklahoma Attorney General challenged this decision, and the Oklahoma Supreme Court agreed that this approval violated the Establishment Clause of the First Amendment and state law. The attorneys general have asked the U.S. Supreme Court to uphold the Oklahoma court's ruling.
In their brief, the attorneys general assert that charter schools, like all public schools, must remain secular under the First Amendment. They argue that the governance and structure of public schools should reside with the states rather than federal courts. Allowing religious charter schools would override existing laws requiring non-religious status, potentially destabilizing their funding and operations.
Attorney General Bonta has filed the brief alongside attorneys general from Colorado, Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, and the District of Columbia.
A copy of the brief is available for public access.