Department of Justice Office of Legal Counsel February 18, 2020 (Exclusion of Religiously Affiliated Schools from Charter-School Grant Program)

(Slip Opinion)

Exclusion of Religiously Affiliated Schools from

Charter-School Grant Program

A provision of the Elementary and Secondary Education Act of 1965 that excludes

religiously affiliated charter schools from participating in the Expanding Oppor-

tunity Through Quality Charter Schools Program discriminates on the basis of

religious status in violation of the Free Exercise Clause.