Research by UW–Madison’s Suzanne Eckes, the Susan S. Engeleiter Chair in Education Law, Policy, and Practice in the School of Education’s Department of Educational Leadership and Policy Analysis, has been cited in recent media reports on legal challenges surrounding the use of public funds for religious education.
In a New York Times article, headlined “Supreme Court to Hear Oklahoma Religious Charter School Case,” author Troy Closson talks about a case from Oklahoma. The case involves the proposed St. Isidore of Seville Catholic Virtual School, which would be the first religious charter school funded by taxpayer money. Closson points out that the Supreme Court’s conservative majority seems more willing to accept the role of religion in public life. In this context, Suzanne Eckes’ research is cited to highlight potential legal problems that may arise when public funds are used for religious education.
Similarly, in a Forbes article, headlined “A Potential Solution To Charter School Religious First Amendment Problems,” senior contributor Peter Greene discusses the legal uncertainty surrounding the status of charter schools as state entities.
Greene refers to Eckes’ research, which uses a three-part test known as the Lebron test to decide when an organization is considered a state actor. Eckes suggests a plan where states could change their laws to make charter schools operate as government-controlled corporations with the state having the final say in who is appointed to their boards. This approach could help ensure that charter schools follow the same constitutional rules as other public schools, preventing public money from being used for religious teaching.