The case of St. Isidore of Seville Catholic Virtual School v. Drummond brought national attention to the question of whether religious institutions could operate publicly funded charter schools. In May 2025, the U.S. Supreme Court issued a 4–4 deadlock in the case, effectively upholding an Oklahoma Supreme Court ruling that blocked the state’s approval of the country’s first religious charter school.
Although the decision did not establish a national precedent, it reaffirmed a longstanding legal boundary: public charter schools, as currently defined, remain secular by law in many states. At the same time, demand for faith-based education is growing. Families across the country are seeking schools that align with their values—particularly as dissatisfaction with traditional public options increases.
Even as the charter question remains unresolved, philanthropy can play a vital role expanding access to religious education through private means. Here are three targeted ways donors can support educational freedom while respecting legal boundaries.
1. Fund Scholarships Through Private School Choice Programs
Religious schools continue to serve millions of families, but access is limited—especially for low-income students. With the legality of religious charter schools in flux, private school choice programs such as Education Savings Accounts (ESAs) and tax credit scholarships remain the most effective mechanisms for expanding access to faith-based education.
Currently, more than 30 states offer some form of private school choice, and these programs are growing rapidly. Donors can help scale these efforts by supporting:
- State and local policy advocacy
- Legal defense of choice programs
- Public awareness and family outreach campaigns
- Direct scholarship funds for eligible families
Investable opportunities:
2. Strengthen Religious School Capacity and Leadership
Many faith-based schools have strong demand but limited capacity. They face challenges with staffing, facilities, governance and academic programming—particularly when trying to serve low- and middle-income families. Philanthropy can help build long-term sustainability by investing in:
- School leadership development and training
- Facilities expansion and modernization
- Network development and operational support
- Innovative school start-ups within religious communities
By building capacity at the organizational level, donors help ensure faith-based schools can grow responsibly, maintain educational quality and meet increased demand.
Investable opportunities:
3. Support Policy and Legal Infrastructure for Educational Pluralism
Even outside the charter framework, the legal and political environment surrounding religious education continues to evolve. Donors can help ensure faith-based schools can participate fully in educational ecosystems by investing in organizations that:
- Defend religious liberty in education
- Promote equitable access to public benefit programs
- Monitor and respond to state-level legislation
- Support coalitions advocating for diverse schooling options
This work is essential to protecting the rights of religious schools to operate freely and ensuring they are not excluded from publicly available benefits.
Investable opportunities:
Looking Ahead
The outcome in St. Isidore v. Drummond did not settle the national debate over religious charter schools. But it did clarify that, for now, legal and constitutional challenges remain in states where public funding cannot be used for religious instruction. In this environment, private religious schools—operating independently of the charter system—remain a vital part of America’s educational landscape.
Philanthropy can help ensure these schools are accessible, sustainable and strong enough to serve the families who choose them. By investing in scholarships, capacity-building and legal support, donors can advance educational freedom while respecting the legal distinctions that currently define the sector.
To learn more about how Philanthropy Roundtable supports K–12 education, please contact Pathways to Opportunity Program Director Stephen Allison here.
