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The Tie Goes to School Choice? Public Funding of Parochial Schools after the Drummond Deadlock. Sketching a New Conservative Education Agenda

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Bibliographic Details
Title: The Tie Goes to School Choice? Public Funding of Parochial Schools after the Drummond Deadlock. Sketching a New Conservative Education Agenda
Language: English
Authors: Ilya Shapiro, Tim Rosenberger, American Enterprise Institute (AEI)
Source: American Enterprise Institute. 2025.
Availability: American Enterprise Institute. 1150 Seventeenth Street NW, Washington, DC 20036. Tel: 202-862-5800; Fax: 202-862-7177; Web site: http://www.aei.org
Peer Reviewed: N
Page Count: 4
Publication Date: 2025
Document Type: Reports - Descriptive
Descriptors: School Choice, Public Support, Religious Schools, Charter Schools, Court Litigation, Financial Support, Educational Finance
Geographic Terms: Oklahoma
Abstract: In May 2025, a deadlocked US Supreme Court left in place an Oklahoma Supreme Court ruling barring faith-based schools from eligibility in the state's charter school program. "Oklahoma Statewide Charter School Board v. Drummond" (consolidated with "St. Isidore of Seville Catholic Virtual School v. Drummond") carries no precedential weight because it finished in a 4-4 split after Justice Amy Coney Barrett recused herself, with no opinions published on either side. In other words, religious charter schools are blocked in Oklahoma but remain a legal possibility elsewhere. The "Drummond" nondecision raises broader questions about the future of religious liberty in government-administered education and underscores the urgent need for clarity as charter schools--and school choice more broadly--expand nationwide. We expect to see this issue arise again when a purple state that has not supported universal school choice authorizes religious charter schools and is sued. That case could determine whether religious liberty and educational opportunity are truly available to all families. This brief report provides a sketch of the legal landscape surrounding the public funding of parochial schools.
Abstractor: ERIC
Entry Date: 2026
Accession Number: ED677906
Database: ERIC
Description
Abstract:In May 2025, a deadlocked US Supreme Court left in place an Oklahoma Supreme Court ruling barring faith-based schools from eligibility in the state's charter school program. "Oklahoma Statewide Charter School Board v. Drummond" (consolidated with "St. Isidore of Seville Catholic Virtual School v. Drummond") carries no precedential weight because it finished in a 4-4 split after Justice Amy Coney Barrett recused herself, with no opinions published on either side. In other words, religious charter schools are blocked in Oklahoma but remain a legal possibility elsewhere. The "Drummond" nondecision raises broader questions about the future of religious liberty in government-administered education and underscores the urgent need for clarity as charter schools--and school choice more broadly--expand nationwide. We expect to see this issue arise again when a purple state that has not supported universal school choice authorizes religious charter schools and is sued. That case could determine whether religious liberty and educational opportunity are truly available to all families. This brief report provides a sketch of the legal landscape surrounding the public funding of parochial schools.