Chapter 2: Can Faith-Based Charter Schools Survive Constitutional Challenges?¹

In light of Establishment Clause concerns, it is unlikely that faith-based, or religiously affiliated charter schools, can survive constitutional challenges. Significant state restrictions forbid aid to religious institutions insofar as state laws typically prevent religious entities from operating charter schools. As such, it is improbable that religious charter schools can withstand judicial scrutiny in federal courts, and are likely to be struck down in state courts.

The charter school movement, which began in 1991 in Minnesota, has spread to forty-two jurisdictions plus Puerto Rico and the District of Columbia (Center for Education Reform, n.d.). Charter schools, public schools of choice, typically function as independent districts consisting of single schools operated by private groups. These groups may include parents alone or in conjunction with public institutions such as universities under the auspices of state authorities.