Three California families have challenged a ruling that allows charter schools to deny funding for curriculum containing religious content within independent study programs. The families allege that schools rejected materials not for academic reasons, but because of their Christian perspective, including textbooks from Bob Jones University Press and lessons referencing God.
The case, filed in 2023, argues that such denials violate the First Amendment. However, a divided 9th U.S. Circuit Court of Appeals upheld California’s position, determining that charter independent study programs function as public school programs. As a result, curriculum decisions are considered government speech and not protected by free speech claims.
Several judges dissented. Judge Patrick Bumatay questioned the ruling, writing, “Does anyone really think that parents teaching their own children in their own home, based on a curriculum of their own choosing, somehow transforms them into ‘public school’ teachers?” He warned the decision could expand government authority over education.
Attorneys representing the families indicated plans to appeal to the Supreme Court, citing prior rulings that prohibit excluding religious participants from public benefits.
