Religion and Charter Schools

In 2009 the ACLU vs TiZA Lawsuit raised specific first amendment questions about charter schools and religion. As is often the case, the ongoing impact and effects of a particular situation become a legacy which other organizations not party to the situation are left to deal with.

The TiZA Case was no different, which left two legacies.

First, An agreement was reached between the ACLU and MDE, which requires all charter schools and authorizers to annually provide assurances related to the first amendment’s prohibition of the establishment clause related to religion.

Second, The agreement also requires all charter school boards adopt a series of policies that make it clear that the school follows and complies with the first amendment of the U.S. Constitution.

Sample Policies for Charter Schools on First Amendment Issues.

The TiZA case serves as a reminder that charter school boards, administrators, teachers and parents need to be educated on an ongoing basis about the first amendment and how the provisions of the amendment - in particular, religion and free speech - play out in public schools, no matter if they are traditional districts or charter schools.

To assist charter schools in educating all members of their school communities about first amendment issues, we bring to your attention to the  Policy Statement on Public Charter Schools & Religion  originally adopted by the MN Association of Charter Schools Board of Directors' in 2008.

The Statement clearly lays out the Association’s expectations for charter schools relative to the Establishment Clause of the First Amendment.

We urge every charter school board and every school director to put the topic of religion and public schools on the agenda of board meetings and faculty meetings, and utilize the Policy Statement  as the basis of the discussion with your school community.

Finally, it should be noted that the question of the appropriate lines between religion and public schools is one that did not begin with the TiZA case; it has been an issue since the founding of public schools in the 1800s.

While there will continue to be questions about the appropriate lines, every public school – including charters in our political environment – school leadership needs to know and understand the lines between religion and public schools under the constitution and federal and state laws.