Authorizers: Proactively Preparing

Dear Authorizers,

On April 30, 2025, the U.S. Supreme Court heard oral arguments in Oklahoma Statewide Charter School Board v. Drummond—a case that challenges how courts have interpreted the constitutional boundaries of public education in recent decades.

At the center is St. Isidore of Seville Catholic Virtual School, approved by the Oklahoma Statewide Charter School Board. The Oklahoma Supreme Court then ruled last year that authorizing a religiously-affiliated charter school violated Oklahoma’s state constitution. The Supreme Court of the United States decided to hear the case and is now considering whether publicly funded charter schools may be religious in character.

This case raises many questions. It also offers an opportunity—for us, as authorizers—to lead and model the way.

Remembering Our North Star

Authorizing has never simply been about oversight and compliance. It is about expanding opportunity, empowering people, and creating the conditions for excellence to thrive—often by challenging the givens and encouraging new and different approaches.

Whatever is decided, authorizers will be on the front lines of implementing the results of that decision. This is our chance to demonstrate that authorizers are more than gatekeepers. We are active stewards of freedom, innovation, quality—and possibility.

Why the ‘State Actor’ Question Matters

One of the core constitutional issues in this case is whether charter schools are considered “state actors”—in other words, legal extensions of the government—or independent operators receiving public funds.

• If charters are determined to be state actors, this could have far-reaching implications for things like governance, staffing, admissions, curriculum, and more.
• If charter schools are determined not to be state actors, then they may be able to be religiously affiliated as long as they meet authorizing and performance standards.

Values: Your Anchor in Uncertainty

Moments like this test more than policy—they test purpose. In times of uncertainty, your organization’s values become more than posters on the wall. They become your compass. Ask yourself:

• Are our values shared and understood by our board, staff, and stakeholders?
• Do they reflect our core mission, not just our regulatory role?
• Are they strong enough to guide decisions under public pressure or legal change?

Clarity of values builds confidence and earns trust. It allows us to lead without apology, even when others see things differently.

Respecting Differences and Staying Student-Centered

This case touches sensitive ground—religion, public funds, and the role of government. We recognize that thoughtful leaders will disagree. That’s not a liability. It’s a strength of our pluralistic democracy. America was founded on the idea that people with differing ideas and values could live together in freedom.

We do our best work when we remain focused on students and families, and honor our shared commitment to making public education work better for our kids and our communities.

What Now? Lead with Intention.

Don’t let schools get caught flat-footed. Now is the time to communicate with the schools you charter—ensuring their boards and leaders are aware of this case and its potential impact.

1. Discuss this issue at your next board or leadership meeting. Use this as a time to anchor your organization in its values, and reflect on how those values will guide your actions. 
2. Review your charter law, charter contracts, and authorizing policies. The ruling may apply differently depending on your jurisdiction.
3. Begin scenario planning. Prepare for how you would respond to a ruling that expands the definition of public charter schools to include religious operators.
4. Communicate with your schools. Don’t let your leaders be blindsided. Brief them now on what the case is, what’s at stake, and what could happen.
5. Access our curated legal and historical resources. We’ve compiled a broad set of free resources through the National Charter Schools Founders Library. You can also review a transcript or recording of the oral arguments.

A decision is expected in the coming weeks, likely before late June. Whatever the Court decides, we will be here to encourage, equip and support you—through this moment and beyond. 

With resolve and gratitude,

Jim Goenner, Ph.D.
President & CEO
National Charter Schools Institute