U.S. Supreme Court could unravel Delaware charter school law

Editor’s note: The U.S. Supreme Court heard arguments in the St. Isidore of Seville Catholic Virtual School v. Drummond case April 30. As of the Cape Gazette’s deadline May 6, the court has not ruled on the case. 

Families in Delaware know that one size doesn't fit all when it comes to education. It is common for families to enroll their children in different types of public schools – a traditional district school, a charter school, a vocational school or a magnet school – depending on what is best for each student. This is what public school choice looks like in practice – families making thoughtful, informed decisions according to the needs of their children.  

However, a case out of Oklahoma – St. Isidore of Seville Catholic Virtual School v.  Drummond – is before the U.S. Supreme Court, and its outcome threatens parental freedom by challenging the definition of charter schools as public schools. If the court rules in favor of St. Isidore, it could force states like Delaware to severely limit or fully eliminate charter schools, which would end access, equity and innovation for thousands of students across the state. 

When Delaware passed its charter school law in 1995, the goal was perfectly clear: to expand educational opportunity within the public system. Charter schools in Delaware were created to be independent public schools, intended to improve student learning and inform the larger public-school community, that operate with greater flexibility in exchange for more accountability to successfully educate and meet the needs of students, families and their communities. Today, in Delaware, charter schools serve nearly 20,000 students, offering innovative programs including dual language, military, STEM, Montessori and more. Charter schools are an integral part of Delaware’s public education landscape, driving results, demonstrating and sharing best practices, and providing options to reflect the diversity of our state. 

Not only is our charter law clear, but the Delaware Constitution is even more direct, explicitly prohibiting public dollars from supporting religious institutions/instruction. Article 1, Section 1 ensures no person can be compelled to support any religious institution with public money, which means a religious charter school would not be legal or eligible for public school funding here. This disagreement is more than just a policy argument; it’s a constitutional conflict. 

If the court allows a religious charter school to operate, they will have to rule that charter schools are not public schools under the U.S. Constitution. That shift would threaten the financial and operational systems for more than 8,000 schools nationwide.  

A ruling in favor of religious charter schools could unleash chaos. Charter laws would need to be rewritten in every state, state and federal public funding for thousands of schools could be pulled and the legal definition of what makes a public school would be unknown. In Delaware, where families depend on choice and options and where school choice isn’t theoretical but practiced every year, this would hurt the stability that parents rely on. Charter schools, vo-tech schools, magnet schools and district schools are all public. This is the system we have built, and this case could change the 30 years of progress we have made. 

A Supreme Court ruling in favor of St. Isidore could either disallow charter schools from accessing public school funds or force our state to redefine and restrict charter schools so much that they no longer meet the intention of the charter law. Either of these scenarios dramatically reduces education options in our state. For families who have relied on school choice as a pathway to opportunity, especially in historically underserved communities, the change could be profound. 

Today, 13% of the public-school population attend Delaware charter schools, 66% of our charter students are students of color, and a significant portion are low income. Many of our schools show significant impact, higher graduation rates, strong academic growth and targeted support for students. Charter schools deliver on the promise of an excellent public education for all, and their ability to do so should be protected. 

We urge Delawareans, legislators, educators, students and community members to stand in support of public education. Charter schools are a vital part of public education and represent equity, innovation and choice. We must not allow this case to unravel and undermine the progress we’ve made here at home.