Steptoe & Johnson Secures Win Before U.S. Supreme Court on Case Concerning Constitutionality of Religious Charter Schools

WASHINGTON, D.C. – Steptoe & Johnson PLLC recently represented parent organizations and parents of public charter school students before the U.S. Supreme Court (SCOTUS) in a voices amicus brief in the landmark case Oklahoma Statewide Charter School Board v. Drummond, 145 S. Ct. 1381 (2025). Led by Dallas Kratzer and Shaina Richardson, the brief emphasized the critical role public charter schools play in providing safe, inclusive, and specialized learning environments for diverse student populations.

The case centered on whether a religiously affiliated charter school, St. Isidore of Seville Catholic Virtual School, could receive state funding while maintaining its religious identity and instruction. Charter schools are publicly funded but independently operated institutions that differ from traditional K-12 public schools by operating under a charter or contract that provides them flexibility with their curriculum and management while still receiving government funding for tuition-free education for students.

The Attorney General of Oklahoma—joined by amicus including the National Alliance for Public Charter Schools—sought to preserve the autonomy of charter schools while reinforcing the constitutional separation of church and state in the use of public funds. And a 4-4 SCOTUS vote following Justice Amy Coney Barrett’s recusal, upheld the Supreme Court of Oklahoma’s decision that public charter schools are state actors and cannot engage in religious instruction. The decision effectively leaves Oklahoma’s ban on public funding for religious public charter schools in place.

Steptoe & Johnson was selected to work on the case based on its advocacy work for brick-and-mortar charter schools in West Virginia. The firm’s work ensured that the voices of families relying on public charter schools were heard at the highest judicial level, spotlighting the broader national implications for school choice and the constitutional separation of church and state.