Even before the U.S. Supreme Court handed down its decision in Carson v. Makin this past June, speculation had arisen as to whether a finding in favor of the petitioners might open the door to the advent of religious charter schools. Indeed, the E-Mailer was among those voices, having weighed in with the following in October, 2021:

"Public religious schools? Incongruous as the expression may sound, that's exactly what religiously oriented charters schools would be. And a broadly permissive decision in Carson v. Makin - one that generally prohibits states from withholding funding on the basis of religious use - would open the door to the next generation of test cases."

Such musings were amped up by the High Court's 6-3 ruling, which essentially held that no distinction may be drawn between the religious status of a beneficiary, and the religious use of funds when determining whether a state may exclude religious entities from participation in a neutral benefit program. Even in California, a state whose constitution contains not one, but two so-called Blaine Amendments (provisions prohibiting direct state aid to religious entities), speculation has arisen over the possible creation of religious charter schools, as occasioned by Carson v. Makin.

Last month an opinion tendered by (now former) Oklahoma Attorney General John O'Connor and Solicitor General Zach West moved the question of religious charter schools one step closer to the appearance of a legal test case. Their opinion came in the form of a response to a question submitted by Dr. Rebecca L. Wilkinson, Executive Director of the Statewide Virtual Charter School Board. Noting that under current Oklahoma law a charter school "...must not be 'affiliated with a nonpublic sectarian school or religious institution', and must 'be nonsectarian in its programs, admission policies, employment practices, and all other operations'," Dr. Wilkinson asked whether it remained permissible for the Board to enforce the state's nonsectarian requirements in light of recent U.S. Supreme Court decisions culminating with Carson v. Makin.

Mssrs. O'Connor and West's answer to that question is summarized in a single sentence appearing on page 6 of their opinion: "We believe, based on the first Amendment and the Trinity Lutheran, Espinoza, and Carson line of decisions, that the U.S. Supreme Court would likely hold these restrictions unconstitutional." Thereafter, the opinion provides eight pages of legal exposition leading to the official Opinion of the Attorney General:

"Pursuant to the conclusions of the United States Supreme Court in Trinity Lutheran, Espinoza, and Carson, the non-sectarian and non-religious requirements found in 70 O.S.2021, § 3-136(A)(2) of the Oklahoma Charter Schools Act likely violate the First Amendment to the U.S. Constitution and therefore should not be enforced."

What does the above opinion portend? For one, it is now highly probable that some religious entity will make application to operate an Oklahoma charter school in which religious instruction and practice are to be provided. (According to this article, the Catholic Archdiocese of Oklahoma City is currently in the process of preparing an application seeking a charter to operate what would amount to a religious virtual charter school.)

Should a charter be denied, it will invite legal action by the applicant and its allied interests. Should a charter be granted, it will precipitate a certain legal challenge by an array of opponents including the teachers unions, other public education interest groups, civil rights organizations and entities dedicated to preserving the separation of church and state. It will be of interest to see whether an application to operate a religious charter school is submitted by a 'lone wolf', or by an entity backed by a coalition of interest groups that may include various public policy institutes, advocacy groups, religious institutions, and others.

Of even greater interest are the questions of to what extent and from whom support and/or opposition to the operation of religious charter schools will emerge from within the nation's charter school and private school communities.

Charter schools have long been portrayed as 'private schools in disguise' by their opponents, consisting chiefly of the teachers unions. Ironically, the prospect of religious charter schools may force the unions to do an abrupt about-face on their messaging, given that the constitutionality of public funding for private religious schools has already been established. A legal skirmish over the permissibility of religious charter schools will inevitably remind the public that charters are publicly financed, prohibited from charging tuition, and required to admit all applicants on a first-come, first-served basis. Charter school advocacy groups are likely to press those points home as a retort to what they see as intentional misrepresentations by their foes.

But what of the nation's private school community? A national conversation over the legality of religious charter schools will almost certainly require private school leaders, stakeholders, and advocacy groups to weigh in. To do so, private school interests will need to think anew about the future of pluralism in American education. The key questions consist of whether, to what extent, and under what conditions should the U.S. move in the direction of education systems prevalent in much of Western Europe, certain Canadian provinces, Australia, and elsewhere. In those polities the state provides direct funding to private independent and religious schools, accompanied by varying degrees of additional regulation. In contemplating a similar model, U.S. private school leaders will need to determine how much autonomy private schools would be willing to relinquish in return for public funding. Would, for example, private schools agree to become subject to state testing? Required teacher licensure? Unionization and collective bargaining?

Such questions have, heretofore, seemed like abstract questions arising from purely theoretical possibilities. Now, in light of the unfolding developments in the Sooner State, they are about to become concrete and immediate. For readers seeking a helpful background that's accessible to the lay reader, University of Notre Dame Law Professor Nicole Stelle Garnett's EdNext article, "Supreme Court Opens a Path to Religious Charter Schools," is a must read.

California private school leaders need to be aware of a bill, SB 1383, that was enacted by the State Legislature in 2016 to, among other things, reduce the amount of organic waste that ends up in landfills, in favor of compost. How can schools contribute to the achievement of that end? Essentially, by taking measures to see that organic waste ends up in green trash containers.

If you take a few minutes to examine the text of the bill, focusing your attention on the content appearing under the heading, "CHAPTER 13.1. Short-Lived Climate Pollutants," you'll see that the statute is short on specifics. The 'meat and potatoes' of the law exists in the form of accompanying regulations developed by the California Department of Resources Recycling and Recovery (popularly known as “CalRecycle”), the state agency tasked with enforcing SB 1383’s provisions, in consultation with the State Air Resources Board.

One of the law’s wrinkles is that private schools are regarded as businesses. (See “Schools and Local Education Agencies” in this CalRecycle FAQ.) As a practical matter, however, private schools should follow the “Container, Labelling, and Collection Questions” guidance found in the CalRecycle FAQ intended for public schools.

To comply with the law, private school administrators will want to work together with haulers of waste and various local jurisdictions. In general, haulers are responsible for supplying outdoor green containers. School administrators should communicate with their haulers to ensure familiarity with campus layouts and facilitate placement of trash containers in appropriate outdoor spaces.

It is a school’s responsibility to see that waste containers are provided and placed in all indoor areas where wastes are generated: gray or black containers for landfill, blue for non-organic recyclables, and green for food and other ‘green waste’. Green containers need not be placed in every classroom. However, if a particular classroom is playing host to say, a pizza party, a green container should be present for the occasion. Green containers should be provided in cafeterias, break rooms, and any common areas where food is consumed. Traditional recycling receptacles should be placed in each classroom, copy room, office, break room, cafeteria, etc., where paper, plastics, and other materials are generated.

Haulers and local jurisdictions are required to provide information about compliance with the law. If a private school has yet to receive such notification, administrators should take the initiative to seek appropriate guidance. CalRecycle provides a search utility that can help school identify respective local contacts. (Enter the names of the relevant county and city, or other local jurisdiction, and click the “Search” button. If multiple contacts appear, it is suggested that the “SLCP Designated Contact(s)” be pursued first.) These contacts should be able to answer higher level questions about compliance with the law, and can also help to facilitate receipt of additional information and training. ("SLCP" = short-lived climate pollutant.)

Certain locales and entities have been granted waivers based upon factors such as infrastructure capacity, altitude (locations above 4,500 feet), and population density. School officials should speak with appropriate city contacts (or county contacts if a school is located in an unincorporated area) to ascertain whether their school is included in any such waivers - with the understanding that waivers are of a temporary nature. The search utility can be employed to help identify appropriate city contacts.

If, after reading the FAQ's and related materials, you have questions about how your private school might best comply with the requirements established by SB 1383, Michelle Cevallos, a Senior Environmental Scientist at CalRecycle, is a wonderful resource. She can be reached via email at: [email protected]

CAPSO shout-outs go to Diocese of Fresno Superintendent of Schools Joan Bouchard for reminding us that most portions of the law are now in effect, and to California Catholic Conference Director of Education Samara Palko for facilitating contact with CalRecycle's Michelle Cevallos and helping to organize an informational webinar that took place on December 21.

As readers of the E-Mailer are aware, the newly constituted California Legislature sports a near-record number of rookie law makers. Not only that, but the state (and nation) have just undergone the arduous process of redistricting, a one-in-a-decade phenomenon in which legislative district boundaries are redrawn. As a consequence, your school may not only have a new State Assemblymember, or State Senator representing it, the school may also be located in differently numbered districts.

To help private school leaders and stakeholders quickly identify the state legislative districts in which their schools are located, as well as the members of the California Legislature who will be representing their schools over the course of the coming two years, CAPSO has updated this web page. Readers are invited to visit the page and scroll down to the table, which is searchable on all fields.

Using the text entry box appearing immediately above the State Senator column, begin entering the name of a school and see what happens. (Note: When searching for a school beginning with “Saint___,” most schools are listed as “ST_____” with no period after the ST.) When schools of the same name appear, be sure to check the "City" column to identify your school. Next, try entering a legislative district, for example, “SEN25". The table will display all CAPSO-member affiliated schools located in State Senator Anthony Portantino’s district. (The same result could be obtained by entering “Portantino”.) Please note that only schools currently affiliated with a CAPSO-member organization appear in the table.

Now that you know how to identify your school's State Assemblymember and State Senator, here's how to connect with them. Simply visit this web page, scroll down to the searchable table, and begin typing the name of your school's California Assemblymember or State Senator in the text entry box (immediately above the table's far-right-hand column). Then, click the "Contact_____" link and you'll find yourself on the selected law maker's contact page, from where you can send a message, or get a phone number.

Last month, the National Center for Education Statistics (NCES) released three new reports that provide a first look into the data from the 2020–21 National Teacher and Principal Survey (NTPS). The reports contain data related to private elementary and secondary schools in the United States.

The 2020–21 NTPS is a nationally representative survey of public and private K–12 schools, principals, and teachers in the 50 states and the District of Columbia. NTPS is a redesign of the Schools and Staffing Survey (SASS). NTPS was introduced in the 2015–16 school year and administered again in 2017–18 and 2020–21

NTPS collects data on core topics including teacher and principal preparation, classes taught, school characteristics, and demographics of the teacher and principal labor forces. The survey is developed by NCES of the Institute of Education Sciences (IES) within the U.S. Department of Education, and data are collected by the U.S. Census Bureau. This report presents basic estimates from the Public and Private School Data Files of the 2020–21 NTPS, the third collection of NTPS.

Characteristics of 2020–21 Public and Private K–12 Schools in the United States: Results From the National Teacher and Principal Survey, which provides new information about public and private K–12 schools. The report also provides information on the number of full–time and part–time staff of various types, school start times, the types of school programs, and difficulties in filling teacher vacancies.

Characteristics of 2020–21 Public and Private K–12 School Principals in the United States: Results From the National Teacher and Principal Survey, which provides new information about public and private K–12 school principals. The report also provides information on principals’ race, sex, age, average time spent on different activities, and influence on decisions.

Characteristics of 2020–21 Public and Private K–12 School Teachers in the United States: Results From the National Teacher and Principal Survey, which provides new information about public and private K–12 school teachers. The report also provides information on teachers’ race, sex, age, highest degree earned, average class size, education and preparation, influence over school policies, and autonomy.

The results of the NAEP 2022 grades 4 and 8 mathematics and reading assessments were released on October 24, 2022. Although overall private school participation rates did not meet reporting benchmarks, the participation of private schools contributed to national results. Results for Catholic school students were reportable and compared favorably to that of public school students.

Please join us on Thursday, January 26, 2023 at 3:00 PM eastern time when the NAEP Support and Service Center senior statistician, Jason Nicholas, will share highlights of the mathematics and reading assessment results with a focus on national and Catholic school student performance. Learn more about student scale scores, achievement levels, and more in this informative webinar. Please see the information below about joining the event.

To join the session:

1. Go to https://tinyurl.com/2u79fhxb

The end of the calendar year is a time for list-making. Here are a few that may be of interest to E-Mailer readers:

From Education Next “The Top 20 Education Next Articles of 2022”

From The74: "Big Ideas About America's Schools: Our 18 Most Discussed Essays of 2022"

From EdSource: "California education issues to watch in 2023 — and predictions of what might happen"

From American Enterprise Institute: "The 2023 RHSU Edu-Scholar Public Influence Rankings"

If you're a loyal reader of the E-Mailer you must be interested in education policy. Here, AEI scholar Rick Hess shares his annual who's who of those whose research and writing exerts the greatest influence on U.S. education policy, presented in order of estimated clout. Who are the current heavy hitters? Take a look! To learn more about the methodology behind the rankings, look here.

There was a time, not long ago, when the arrival of new occupants in the house next door, across the street, or down the road would automatically trigger the baking of apple pies, peach cobblers and cherry turnovers. These edible tokens of greeting might be placed on the newcomers' doorsteps with an accompanying note that simply read, "Welcome Neighbor!" Alternatively, a child might be dispatched to make the delivery. More times than not, the baker would show up in person to offer words of welcome and initiate a relationship.

Ours was a more open and less fearful society. Though Americans had long venerated rugged individualism and self-reliance, such virtues were offset by love of family and engagement in community. Neighbors represented a bridge between family and the institutions of civil society, and neighborliness was assumed to promote both individual welfare and the common good.

In predominantly Protestant America, the interpretation of scripture elevated neighborliness to an article of faith. Whereas the Douay-Rheims Bible translated Leviticus 19:18 to read: "Thou shalt love thy friend as thyself," and the Jewish Publication Society interprets the verse as: "Love your fellow as yourself," both the King James Version and the Revised Standard Version of the bible establish one's neighbor as the object of the imperative. (The New American Bible - Revised Edition followed suit in translating the verse to read: "You shall love your neighbor as yourself.")

Until relatively recently (in the greater sweep of history), familiarity with the interior of neighboring homes was commonplace. Neighbors could comfortably be called upon to do more than lend a proverbial cup of sugar. They frequently supervised, fed and babysat each other's children, shared tools and other household implements, car-pooled children to and from school, looked after each other's homes, and tended one another's gardens if one was out of town.

Nowadays, not so much. Sadly, many of us are just as likely to regard our neighbors with suspicion as to love them as ourselves. Perhaps doing so signifies nothing more than our human nature. Were it otherwise, one might argue, there would scarcely have been a need for Leviticus 19:18. When neighbors come to personify the archetypal other, it's but a short step to the belief that "Good fences make good neighbors."

Ambivalence about neighborliness is reliably examined in our popular culture. On the one hand it's easy to find lists such as "The 10 Most Disturbing Movies About Neighbors." Then again, it's not difficult to think of hugely successful hits such as Home Alone, in which a fear-inducing, apparently misanthropic neighbor (rumored to be the 'Snow Shovel Murderer') turns out to be a kindly old man. And there are more complex and nuanced films such as Clint Eastwood's Gran Torino, in which the protagonist's attitude toward his different-than-me neighbors undergoes a transformation. When it's all said and done, neighborliness remains a virtue, as we are reminded by a major insurer that spends many millions of dollars to encourage the public to think of it like a good neighbor.

Virtue that it may be, revolutionary advances in telecommunications and the ubiquity of social media have no doubt contributed to the erosion of neighborliness. Nowadays, hanging out with people who live half way around the world often requires less effort than engaging with our next door neighbors in person. We've become less likely to borrow cups of sugar from one another because the underlying familiarity that allows for such sharing has become marginal, if it exists at all. And I would submit that the diminution of neighborliness does not bode well for a nation that is increasingly riven by political division.

Can our schools promote neighborliness? Virtually every private school teaches some version of the Golden Rule, whether in the form of a universal ethical imperative, a more particularistic interpretation, or something in between. Of equal or greater importance, many of our schools endeavor to model neighborliness on an institutional level, whether by making facilities available to the surrounding community, partnering with other nearby schools and businesses for civic and/or charitable purposes, serving as polling places, building a community service component into the curriculum, or any of numerous other ways.

Our state has just been battered by a series of devastating storms that have taken lives and destroyed property. Tens of counties have been declared disaster areas. In widespread areas of the state a great many schools have, once again, faced disruption and anxiety. As the rain subsides, the threat of flooding and mudslides abates, and a sense of normalcy returns, leaders of schools located in impacted areas might consider reaching out to counterparts in nearby schools, both private and public, to extend greetings, ask how they're doing, and offer words of comfort, solidarity and support.

That would be mighty neighborly!

Ron Reynolds

Note: The commentary and views expressed in this article are those of the author, and do not necessarily represent those of the California Association of Private School Organizations, or its members.

The next edition of the CAPSO Midweek E-Mailer will be published on February 15, 2023.