Law Commons^™

A Primer On Charter Schools And The Law, Charles J. Russo

Educational Leadership Faculty Publications

The charter school movement began in 1991, when Minnesota enacted the first law authorizing their creation. To date, 41 states plus the District of Columbia and Puerto Rico permit the creation of charter schools, according to the National Charter School Resource Center (n.d.).

Charter schools, public schools of choice, are usually operated as not-for-profit institutions independently or occasionally in conjunction with public organizations, such as colleges and universities. As such, they have generally survived challenges to their constitutionality.

This column provides a primer for education leaders on the legal basics associated with the operations of charter schools. It does not …

Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro

Educational Leadership Faculty Publications

In light of the legal and educational issues surrounding the status of religious charter schools, this article is divided into two parts. The first section reviews key litigation addressing the parameters of public aid to religiously affiliated nonpublic schools because these cases provide the necessary background should judicial challenges arise to faith-based charter schools. This first part of the paper also briefly reviews Supreme Court cases that forbid prayer and/or religious activities in school, an essential part of daily activities in religiously affiliated nonpublic schools that cannot continue in faith-based charter schools. The second part reviews educational and policy considerations …