School Business Insider: Episode Summary
Title: Church, State, and School Choice: Navigating the Legal Crossroads
Host: John Brucato
Guest: Dr. Charles J. Russo
Release Date: May 13, 2025
Introduction and Overview
In this episode of ASBO International's School Business Insider, host John Brucato engages in an in-depth discussion with Dr. Charles J. Russo, a prominent member of the ASBO Education Webinar Task Force and a professor of Law at the University of Dayton. The conversation centers around a landmark Supreme Court case involving the St. Isidore of Sayville Catholic Virtual Charter School in Oklahoma, exploring its potential to reshape the relationship between public education funding and religious institutions.
Background of the St. Isidore Case
Dr. Russo provides a comprehensive background on the St. Isidore case, highlighting its significance as a national legal flashpoint. The virtual charter school, approved by Oklahoma’s virtual Charter School board in June 2023, operates under the auspices of two Roman Catholic dioceses. Its primary aim is to deliver Catholic education to children in rural Oklahoma areas where access to such schooling is limited.
Notable Quote:
Dr. Russo explains, “[...] because they are receiving, or they planned to receive full state funding. Right. And again, that's where, even for me, kind of a loud voice in the education law circles in terms of aid and faith based schools. But that's just going a bit too far.” [03:24]
Despite initial support from the state attorney general, the subsequent administration challenged the school's creation. The Oklahoma Supreme Court ultimately invalidated St. Isidore, citing violations of state statutes, the Oklahoma Constitution, and the Establishment Clause of the U.S. Constitution.
The Rise of Virtual Schools
The conversation shifts to the broader landscape of virtual schooling. Dr. Russo notes that while virtual schools are not widespread in Oklahoma, their prevalence is increasing nationally, influenced by factors such as weather-related closures and the shift toward online education during the pandemic.
Notable Quote:
Dr. Russo shares his personal teaching experience, stating, “I've read an awful lot of things how kids really suffer developmentally being virtual. You know, they don't get to interact with people personally.” [07:21]
John Brucato adds that while virtual education maintains academic continuity, it lacks the essential human connection, referring to it as missing “the piece of communion.”
Legal Framework and Supreme Court Jurisprudence
A significant portion of the episode delves into the evolution of the Supreme Court’s interpretation of the Establishment Clause. Dr. Russo outlines three distinct phases:
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Separationist Phase: Initiated with Everson v. Board of Education (1947), establishing that state-provided benefits (like transportation) to faith-based schools do not violate the Constitution.
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Lemon Test Introduction: Lemon v. Kurtzman (1971) introduced a three-part test to evaluate government aid to religious institutions, focusing on secular purpose, primary effect, and avoidance of excessive entanglement with religion.
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Accommodationist Shift: Starting in the late 1990s and accelerating through recent Supreme Court decisions, the Court has moved towards an accommodationist stance, allowing more government aid to religious entities under specific conditions.
Notable Quote:
Discussing the Lemon Test, Dr. Russo remarks, “It became very subjective. But the court usually passed things on the first part of their test. It said, is there a secular legislative purpose in providing busing? Yes.” [16:02]
Implications for Faith-Based Charter Schools
The crux of the discussion revolves around whether the accommodationist shift sets legal groundwork for cases like St. Isidore. Dr. Russo expresses uncertainty but leans towards the likelihood of the Supreme Court upholding the charter school.
Notable Quote:
Dr. Russo speculates on potential rulings, stating, “I think they're going to uphold St. Isidore. But again, I'm not sure that's such a good thing because it opens the door to questions about aid personnel and the like.” [30:23]
He highlights concerns that accepting state funding could lead to increased government control over curriculum, hiring, and other operational aspects, potentially diluting the religious ethos of institutions.
Impact on School Business Officials (SBOs)
Dr. Russo advises SBOs to closely monitor the case’s developments, emphasizing implications for budgets, legal compliance, and collaborative programs like special education. He underscores the importance of safeguarding funds and ensuring that any partnerships with faith-based schools align with their educational mission and legal obligations.
Notable Quote:
He emphasizes budgetary vigilance, noting, “I agree with all SBOs and public educators to guard your money zealously and to make sure you spend could have an impact.” [42:09]
Employee Rights and Title VII
The discussion also touches on employment issues within faith-based schools, particularly the “ministerial exception” under Title VII of the Civil Rights Act of 1964. This exception allows religious institutions to make employment decisions without state interference when positions are ministerial or integral to promoting the institution's faith.
Notable Quote:
Dr. Russo elaborates, “If somebody works in a faith based institution [...] then employers have the opportunity on the right.” [37:42]
He cites cases where this exception has been upheld, such as the termination of employees whose lifestyles conflicted with religious teachings, emphasizing that contractual obligations often govern these employment terms.
Future Outlook and Broader Implications
Looking ahead, Dr. Russo speculates that a ruling in favor of St. Isidore could catalyze the creation of similar faith-based charter schools across various states. However, he cautions that not all religious institutions may embrace this model, preferring to maintain financial and operational independence rather than accept public funds.
Notable Quote:
He anticipates the impact, stating, “If they [schools] want the money, they are going to cave [...] But even if they cave, maybe they're going to find out it's not so easy.” [35:11]
Conclusion and Key Takeaways
As the episode concludes, Dr. Russo reiterates the multifaceted impact of the St. Isidore case on public education, religious freedom, and school business operations. He urges school business officials to stay informed and proactive in managing potential changes arising from the case.
John Brucato expresses anticipation for future episodes to debrief on the Supreme Court's decision and explore additional relevant cases, underscoring the ongoing nature of legal developments affecting school businesses.
Notable Quote:
Dr. Russo concludes, “Having me. Happy to come back in after they rule. As you may know, there's a couple of other cases going on right now that are going to be pot boilers, too.” [44:17]
This episode provides an insightful exploration of the intersection between law, religion, and education funding, offering valuable perspectives for school business professionals navigating these complex legal landscapes.