Refereed Publications by Janet Decker
Several urban archdioceses across the U.S. have closed their Catholic schools and subsequently pe... more Several urban archdioceses across the U.S. have closed their Catholic schools and subsequently permitted charter schools to open in their places. This Article describes the possible church-state entanglement issues that arise at schools like these. We reviewed eighty-five relevant cases and found only seven cases involving existing or proposed religiously affiliated charter schools. While generalizations are difficult to draw from this small sample, trends and inferences inform the emerging research. Five of the cases arose when schools were connected with a particular religious organization, such as a church. The lawsuits alleged both explicit and implicit religious entanglement. Our analysis also found that the charter schools affiliated with Christianity typically prevailed; whereas, those affiliated with non-Christian religions were less successful. Additionally, we identified eleven cases that did not involve specific schools, but involved allegations about funding allocated to school choice programs such as charter schools and voucher programs. In each of these cases, courts held that funding did not offend the Establishment Clause. Based on our analysis, we speculate why more cases against religiously affiliated charter schools did not exist, predict that more lawsuits are probable, and provide recommendations to prevent future litigation involving religiously affiliated charter schools.
In the past 50 years, the share of students enrolled in U.S. Catholic schools has declined from a... more In the past 50 years, the share of students enrolled in U.S. Catholic schools has declined from approximately 12% to 3%. In reaction, many urban Catholic schools have closed and subsequently reopened as public charter schools in order to receive governmental funding and to increase enrollment. As public schools, these Catholic-affiliated charter schools now face a complex set of legal and practical challenges. This article presents empirical research on Catholic-affiliated charter schools, and the legal issues facing them as well as the wider category of religiously-affiliated charter schools. The authors conclude by answering a number of questions that Catholic school leaders are likely to pose about this emerging trend in Catholic education.
Employers have dismissed and disciplined teachers and other school employees for posting controve... more Employers have dismissed and disciplined teachers and other school employees for posting controversial material and engaging in inappropriate employeestudent relationships over social networking. In response, schools have enacted policies that greatly restrict educators' social networking. This Article examines whether restrictive social networking policies are necessary. After analyzing the relevant state legislation, statewide guidance, district policies, and case law, this Article argues that restrictive policies are unwarranted and misguided. School districts have prevailed in the vast majority of the cases because they already have the legal authority to discipline employees under existing law. This Article also recommends how policymakers and school leaders could respond to school employees' social networking more effectively.
The charter school movement offers educators greater freedom and flexibility to implement innovat... more The charter school movement offers educators greater freedom and flexibility to implement innovative educational programs. However, this increased flexibility does not give them total freedom from the laws that govern traditional public schools. For example, like traditional public schools, charter schools are not exempt from providing services to students with disabilities, nor may they develop admissions plans that favor a certain race or religion over another. Despite these guidelines, some charter schools have emerged that attract a specific population of students. Charter schools that attract a specific population have come to be known as "niche charter schools." Such schools might incorporate a curriculum that attracts a certain racial or ethnic group or might also attempt to attract students with specific disabilities or offer a program of studies that appeals to gifted and talented students.
Many claim that the Knowledge is Power Program has experienced success in closing the achievement... more Many claim that the Knowledge is Power Program has experienced success in closing the achievement gap in urban and rural communities across America. Studies suggest that KIPP charter schools enroll an overwhelming proportion of poor and minority students and often outperform their district peers. However, the purpose of this study is not to evaluate whether KIPP schools are closing the achievement gap, but instead to assess the strategies KIPP charter schools use to promote student achievement. Describing and evaluating these approaches may offer new insights into the ways we can improve instruction and possibly increase student achievement levels for students in underserved communities.
Books by Janet Decker
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Refereed Publications by Janet Decker
Books by Janet Decker