Oklahoma SCOTUS Case: A Primer 

Foundations of Chartering Policy

“Charter schools” began as an idea about how to improve public education. Though its origins extend through the decades, the idea came together in the late 1980s as a response to the 1983 report, A Nation at Risk. In general, the original charter idea embraced three principles: 1) parental choice among public schools, 2) site-based management of those schools, and 3) opportunities for teachers and others outside of the traditional district establishment to innovate. Some of the foundational thought pieces that formed the charter idea are presented here.

Budde, Ray. “Education by Charter: Restructuring School Districts. Key to Long-Term Continuing Improvement in American Education.” The Regional Laboratory for Educational Improvement of the Northeast & Islands. Andover, MA. 1988.

For context, see: Kolderie, Ted. “Ray Budde: The Origins of the Charter Concept.” St Paul, MN. July 2, 2005.

Citizens League. “Chartered Schools = Choices for Educators + Quality for All Students” St Paul, MN. November 17, 1988.

Chubb, John and Moe, Terry. “Chapter 6, Better Schools Through New Institutions: Giving Americans Choice.” in Politics, Markets, and America’s Schools. Brookings Institute. Washington, D.C. June 1, 1990.

Kolderie, Ted. “The States Will Have to Withdraw the Exclusive.” Public Service Redesign Project. St. Paul, MN. July 1990.

Kolderie, Ted. “Beyond Choice to New Public Schools: Withdrawing the Exclusive Franchise in Public Education.” Progressive Policy Institute. Washington, D.C. November 1990.

Hill, Paul T. et al. “Reinventing Public Education: How Contracting Can Transform America’s Public Schools.” The University of Chicago Press. Chicago, IL. 1997.  

Loftus, Joe. “Charter Schools: A Potential Solution to the Riddle of Reform.” Center for Child Welfare Strategy. Chicago, IL. March 1989. 

Osborne, David, and Gaebler, Ted. “Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector.” Plume. New York, NY. February 1993.

Shanker, Albert. National Press Club Speech. Washington. D.C. March 31, 1988: https://reuther.wayne.edu/files/64.43.pdf

On Original Intent–Legislators

The charter idea was formed into policy, and first enacted into law in Minnesota in 1991. As it was adopted by subsequent state legislatures—California, Colorado, and Michigan, for example—some aspects of the policy evolved, while other aspects remained the same. Legislative sponsors of each state’s original charter laws are well-positioned to share what each law was trying to accomplish. The Library collects oral histories and materials from these legislators to preserve original intent. Here is a list of the Library’s current holdings.  

Brubaker, Harold. “Interview of Harold J. Brubaker“. Speaker of the North Carolina House of Representatives.   

Hart, Gary. California State Assemblyman.

Kerns, Margaret (Peggy). Colorado State Representative. 

Lubbers, Teresa. Indiana State Senator. Oral history forthcoming.  

Posthumus, Dick. Michigan Senate Majority Leader.  

Reichgott Junge, Ember. Minesota State Senator.  

Reichgott Junge, Ember. “Zero Chance of Passage: The Pioneering Charter School Story.” Beaver’s Pond Press. Edina, MN. 2012.  

On Original Intent—Governors

State governors can and do have an important role in the policymaking process. This makes governors well-positioned to share what they wanted a charter law to accomplish. The Library collects oral histories and materials from governors to preserve original intent. Here is a list of the Library’s current holdings. 

Bush, Jeb. Governor of Florida. 

Engler, John. Governor of Michigan.  

Ige, David. Governor of Hawaii.  

Owens, Bill. Governor of Colorado.  

Pataki, George. Governor of New York.  

On Original Intent—Federal

The federal government does not have a direct role in education. Instead, this policy area is embraced by the states through their constitutions. Federal support has been helpful in the expansion of charter schools across the United States through the Federal Charter School Program grant. The Library has collected an oral history from the original sponsor of this grant program to record what his understanding of a charter school was, and why he believed federal support for their growth was important. This adds to the general understanding of where charter schools are situated in the public school landscape. 

Durenberger, David. United States Senator.  

Oklahoma

The Oklahoma legislature enacted its state’s first charter school law in 1999. Since then, the law has evolved in important ways. One of those ways is to allow for virtual charter schools. In 2023, Oklahoma’s statewide authorizing body authorized St. Isidore of Seville, a statewide virtual Catholic school that is the first religiously affiliated charter school in the nation. The Oklahoma Supreme Court ruled this authorization to be unconstitutional because of its religious affiliation. Now, the United States Supreme Court will consider this case. Its decision could have significant implications. Here are some of the core documents related to Oklahoma’s charter schools law in general, and this issue specifically.