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Is It Unconstitutional to Prohibit Faith-Based Schools from Becoming Charter Schools?

https://doi.org/10.2139/ssrn.2634199
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27/27 checkable references clean · checked 2026-07-25

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The 27 checked references that resolve
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The 97 references without a DOI — listed, not checked
no DOI — not checkedref1
no DOI — not checkedThe "nonsectarian" requirement is contained in Section 47605(d)(1) of the California Education Code. Federal law recognizes that "Charter schools are established according to individual State charter school laws. The enactment of State charter school laws is solely a State prerogative, and the definition of a "charter school" under State law is a matter of State policy
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no DOI — not checkedCharter Schools, the Establishment Clause and the Neo-liberal Turn in Public Education
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no DOI — not checkedNon-public School Aid (1976) and Coons and Sugarman, supra note 3 Chapter 1. See generally, David B. Tyack, The One Best System: A History of American Urban Education
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no DOI — not checkedFor Friedman' s first call for vouchers, see Milton Friedman, The Hole of Government in Education
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no DOI — not checkedKolderie gives Professor Ray Budde credit for the initial idea, see Ted, Kolderie, Ray Budde and the Origins of the Charter Concept (PDF)
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no DOI — not checkedthe Washington Supreme Court invalidated the state's funding of charter schools on the ground that they do not meet the state constitution's definition of
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no DOI — not checkedApproving Charter Schools: The Gatekeeper Function
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no DOI — not checkedUnions forge alliance to fight growth of charter schools in LA
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no DOI — not checkedEducation Reform and Education Quality: Is Reconstitution the Answer?
no DOI — not checkedYet, in many states this formal restriction on private school conversions appears to have no teeth as private schools are able to close down and lease their facilities to a newly created charter school that in many crucial aspects is
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no DOI — not checkedThis lower funding level in turn has forced many charter schools to seek supplemental grantfunding from philanthropic foundations and the like in order to augment their revenues -recalling
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no DOI — not checkedThe Decline in Private School Enrollment
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no DOI — not checkednearly three quarters of Catholic schools charged less than $100 a year, but by 2010 the average tuition in Catholic elementary schools was $4000 and $8000 in Catholic high schools. Carol Ann MacGregor, Why the Decline of Catholic Schools Matters
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no DOI — not checkedDeepening Double Segregation for More Students
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no DOI — not checkedCatholic schools tend to produce graduates who are more civically engaged, more tolerant for diverse views, and more committed to service as adults
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no DOI — not checkedChurch-State Entanglement at Religiously Affiliated Charter Schools
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no DOI — not checkedDecker and Carr, supra note 102 at pp. 90-99, have recently identified and discuss at length seven cases in which charter schools were challenged in court on the ground that they were religious or involved religion in an illegal way; these cases are often disposed of on the basis of a side issue
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no DOI — not checkedThese latter authors assume that charter schools are public schools for federal constitutional law purposes and from that it follows, for them, that charter schools could not be faith-based schools -so that when Catholic schools close down and re-open as charter schools, they simply have to cease being Catholic schools. J. Shelton Baxter, A Constitutional Right to Operate Sectarian Public Charter Schools?
no DOI — not checkedSupreme Court struck down a local ordinance clearly aimed at preventing a religious group from practicing its faith.) Of course a compelling state interest may be to avoid violating the establishment clause -a point addressed in the next section
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no DOI — not checkedThe Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe
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no DOI — not checkedPublic or Private? An Application of the Fourteenth Amendment's State Action Doctrine to These Innovative Schools
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no DOI — not checkedThis is the legal test for First Amendment cases involving aid to religious schools proposed by Jesse H. Choper, a leading scholar on the First Amendment
no DOI — not checkedrecognizing the free speech rights of an after-school religious club for children at which a Bible lesson would be taught and scripture would be learned when other school and community groups were permitted to use school facilities for their activities)
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