Oklahoma Statewide Charter School Board v. Drummond/St. Isadore of Seville Catholic Virtual School v. Drummond
In May 2025, the U.S. Supreme Court couldn’t agree on a big case about whether a religious school in Oklahoma should get public money. Because the justices were split 4 to 4, the lower court’s decision stayed in place. That means the school won’t get state funding.
This case matters for students with disabilities. When public money goes to private or religious schools, those schools don’t always have to follow the same laws that protect students with disabilities. That can take away important rights and supports kids need to learn.
Here’s what you need to know.
What Is This Case About?
The U.S. Supreme Court was asked to weigh in on whether states can use taxpayer money to fund religious charter schools. Under the U.S. Constitution’s First Amendment, there are limits on government involvement with religion—including funding.
What Are the Facts of the Case?
In this case, Oklahoma approved a charter for St. Isidore of Seville Catholic Virtual School, a religious school funded with public dollars. Private charter schools are outside of a traditional public school system, as a public school district contracts with a private entity to create the school. However, many charter schools are funded by public tax dollars, just like a traditional public school. Thus, these public charter schools are public schools under Oklahoma law and must follow federal civil rights laws. They also must not promote any one religion. So, the state of Oklahoma sued to cancel its contract with the school. The Oklahoma Supreme Court agreed and ruled that the religious charter school was unconstitutional. St. Isidore appealed to the U.S. Supreme Court.
What Did the Supreme Court Decide?
In May 2025, the U.S. Supreme Court issued a 4-4 split decision. Because Justice Amy Coney Barrett recused herself and the remaining justices were evenly divided, the lower court’s ruling stood. That means that the Oklahoma Supreme Court’s decision remains in effect: that the religious charter school was unconstitutional and public money cannot be used to fund this religious charter school.
The Arc’s Position
The Arc’s position statement on education states that every student deserves a quality education—and the law is clear that students with disabilities have the right to:
- A free and appropriate public education
- Individualized supports and services
- Inclusion in general education classrooms
- Equal access to academics, extracurriculars, and more
When schools receive public funding—whether traditional, charter, or when a private school enrolls a student with a disability who is publicly placed in that private school—The Arc maintains that they are required to follow federal civil rights laws like the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA).
Traditional private and religious schools that do not receive public funds are largely not required to follow these laws. As explained in an amicus brief on behalf of the National Center for Learning Disabilities, religious charter schools receiving public funding would be required to serve students with disabilities to the same extent as other public schools but would likely be unable to meet their full range of needs The impact would be compounded by the overall inexperience of religious schools in accommodating the needs of students with disabilities. Religious schools may also seek First Amendment exemptions from these requirements.
Because traditional public schools must be open to all, requiring them to share funding with religious charter schools while still educating the majority of students with disabilities would further strain their resources and jeopardize the quality of the education they can provide.
That’s why The Arc strongly opposes the use of public money for schools that may be more likely to deny students with disabilities their rights.
How Does This Case Affect Students With Disabilities?
This decision protects students in Oklahoma—but it also sends a national message. Letting public dollars flow to religious private charter schools without ensuring full civil rights protections and adequate funding would harm students with disabilities.
Families should never have to give up their child’s legal rights just to find a school that works for them. But that’s what can happen when private charter programs don’t guarantee equal access. Money is taken from public schools—where federal protections apply—and given to schools where they often don’t or offer more limited protections. That can mean no individualized education plan, no supports, no recourse.
This case helps stop that from happening in Oklahoma. And it’s a win for the rights of students with disabilities.