The Next Big School Fight Is Coming — And Nevada Should Pay Attention
It started in Oklahoma. Now it could reshape education across the country — including right here in Nevada.
A battle is brewing over whether parents should be able to use public charter school funding for faith-based education. Legal experts are already lining up on both sides. And if you believe in parental rights and limited government, this one matters.
What Happened in Oklahoma
In 2023, Oklahoma approved the nation's first religious public charter school — St. Isidore of Seville Catholic Virtual School. It would have operated online, statewide, with a Catholic mission baked into the curriculum.
Opponents sued. The Oklahoma Supreme Court said it was unconstitutional. Then the case went all the way to the U.S. Supreme Court.
Here's where it gets interesting. The Supreme Court deadlocked 4-4, preserving the ban on the school. Justice Amy Coney Barrett recused herself, reportedly because of a close friendship with a Notre Dame law professor who had been a leading advocate for religious charter schools.
Because the Supreme Court did not address the underlying merits of the case, the door remains open to similar challenges in Oklahoma and elsewhere.
In other words — this fight isn't over.
Why It's Already Coming Back
New proposed religious schools are setting up legal challenges that would allow the Supreme Court to weigh in again. New cases that wouldn't prompt Barrett to recuse herself are starting to take shape, with the help of conservative law firms that focus on religious liberty.
Legal experts and advocates on both sides expect the Supreme Court to be interested in revisiting the questions raised by the St. Isidore case. The Becket Fund for Religious Liberty — one of the premier religious freedom law firms in the country — is already involved in a new Jewish charter school application in Oklahoma.
Forty-six states, including Oklahoma, have charter schools that, under federal charter school law and state law, are taxpayer-funded public schools required to be non-sectarian. Nevada is one of them. That's exactly why this matters here.
The Conservative Case for Religious Charter Schools
Think about it this way. If a parent wants their kid in a school grounded in faith, why should the government stand in the way? Public charter schools already offer parents choices that traditional district schools don't. Religious charter schools would simply extend that choice further.
Lawyers representing the school and Oklahoma's charter school board argued the dispute is similar to a series of recent rulings in which the court said that under the Free Exercise Clause, states cannot bar religious groups from government programs that are open to everyone else.
That's a solid argument. If a secular nonprofit can run a charter school, why not a faith-based one?
What Opponents Are Saying
Critics see it differently. Public education advocates are urging states like Nevada to change their charter laws now — before courts force their hand.
Carol Burris, executive director of the Network for Public Education, put it bluntly:
“If you believe in the separation of church and state, then you don't want religious charter schools. If they are allowed, it will open up the door to all kinds of discrimination against students as well as faculty.”
The Nevada State Education Association's deputy director, Alexander Marks, pushed back on the public-versus-private framing.
“They're public when it benefits them, they're something else when it benefits them, and you can't be public when it's time to collect taxpayer funding and private when it's time to avoid public accountability,” Marks said.
Those are fair points to consider. But they also describe a government that wants it both ways — controlling how religious families spend education dollars while calling it “public funding.”
What Comes Next
Religious charter advocates are betting a full Supreme Court will side with their efforts. New efforts to establish religious charter schools are accelerating in several states. Tennessee and Colorado are also setting up potential test cases.
If the Supreme Court eventually rules in favor of religious charters, states will have to decide quickly how they respond. Nevada's legislature won't meet until 2027. That leaves a window where the courts — not elected lawmakers — could set the rules.
What You Can Do
Pay attention to this one. Contact your state legislators now and let them know where you stand on parental choice in education. The Charter School Association of Nevada has been quiet so far. Ask them why.
This is shaping up to be the next big school fight. And if history is any guide, the side that organizes early wins.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
