Oklahoma Statewide Virtual Charter School Board v. Drummond

Case Overview

Oklahoma's charter school board approved St. Isidore of Seville Catholic Virtual School, which would have been the first explicitly religious charter school in the country. The state attorney general challenged it, and the Oklahoma Supreme Court agreed the contract was unlawful because state law requires charter schools to be non-religious. The U.S. Supreme Court affirmed 4-4 in May 2025, with Justice Barrett recused, which means the Oklahoma court's ruling stands and St. Isidore won't open, but no national precedent was set because there was no majority. The question of whether states can or must fund religious charter schools remains completely open, waiting for a case the full court can actually decide.

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