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Separation of Church and School: Guidance for Public Charter Schools Using Religious Facilities

Abstract

Public charter school leaders and advocates are dedicated to growing the number of high-quality public charter schools available to all families, especially those in communities where there are very few opportunities to attend a high-quality public school. To realize the promise that public charter school expansion can bring, public charter schools need reasonable access to facilities in every community.This is a guidebook to help public charter school leaders -- and the advocates, attorneys, and others who support them -- navigate the increasingly complicated legal landscape surrounding public charter school use of a facility owned or operated by a religious organization. By presenting an analysis of the legal standards that govern application of the Establishment Clause and offering practical advice on how to ensure compliance with the it when a public charter school decides to locate in a religious-owned facility, this guidebook will help charter school leaders protect their access to an important facilities option and foster continued public charter school growth

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