Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

Implications for Louisiana Charter Schools

On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision left the Oklahoma Supreme Court’s decision in place, without a written opinion or binding national precedent.

The case centered around St. Isidore of Seville Catholic Virtual School, which in 2023 sought to participate in Oklahoma’s charter school program. The application was granted, but the Oklahoma Attorney General sought to enjoin the approval. He argued that receiving public funds would make St. Isidore an instrument of the state and violate the Establishment Clause. St. Isidore argued that denying them charter status was religious discrimination.

The Oklahoma Supreme Court ruled against the establishment of St. Isidore, holding that such approval would violate the Establishment Clause of the First Amendment, which prohibits government endorsement or funding of religion. Although the U.S. Supreme Court’s split decision does not set a binding precedent, it leaves the Oklahoma ruling in place and reflects a continued judicial reluctance toward public funding for religious charter schools.

There are nearly 150 charter schools in Louisiana, serving tens of thousands of students and providing a significant option for students looking for alternative education options. These schools are considered public schools in Louisiana and operate under the same regulations.

For now, the legal framework remains the same: charter schools authorized and funded by the state must remain secular. Louisiana charter schools should proceed cautiously with any initiative involving religious curriculum, governance, or affiliation. Even indirect connections to religious organizations will likely face heightened legal scrutiny and potential challenges under the Establishment Clause.

While this case does not change existing law in Louisiana, it reinforces the importance of complying with constitutional principles. Charter school boards and administrators should review policies and practices to ensure alignment with the Establishment Clause. The Adams & Reese Education team will continue to monitor any developments related to charter school operations.

About Our Author

Taylor Phuong-Anh Smith is an attorney in the Adams & Reese New Orleans office and a member of the Litigation Practice Group. Taylor represents corporate clients through all stages of the litigation process and advises them on any potential litigious disputes that may impact their business operations moving forward. She is experienced in several practice areas, including complex substantive and procedural matters in support of litigation for education, maritime, insurance, and medical malpractice matters.