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7 Colum. J. Race & L. 1 (2016-2017)

handle is hein.journals/cjoral7 and id is 1 raw text is: RACE, CLASS, AND RELIGION: CREAMING AND CROPPING IN RELIGIOUS, ETHNIC, AND CULTURAL CHARTER SCHOOLS Tammy Harel Ben Shahar* This Article is devoted to one of the most fascinating contemporary developments in American public education- the phenomenal rise of religious, ethnic, and cultural charter schools. Religious, ethnic, and cultural charter schools are established by a religious or ethnic community with the aim of providing an education saturated with the respective values and culture of that community. Despite their growing prevalence and the significant legal challenges they pose, they have, thus far, not been given sufficient attention by legal scholars. What little discussion there is focuses solely on religious charter schools' incompatibility with the First Amendment's Establishment Clause. While the Establishment Clause challenge constitutes one central challenge to religious charter schools, another crucial aspect of their operation should be highlighted: their negative impact on the educational opportunities of children from racial minorities and lower socioeconomic classes. The Article argues that because of their unique characteristics, religious, ethnic, and cultural charter schools are especially likely to have negative effects on educational equality, and makes the case for legislative intervention in order to prevent this outcome. First, the Article exposes and explores the central * Assistant Professor at the University of Haifa Faculty of Law. I wish to thank the Fulbright Foundation and the Tikvah Fund at NYU School of Law for their support. For helpful comments, I am grateful to Courtney Bowey, Eve Buckley, Charles Clotfelter, Elizabeth Emens, David Enoch, Moshe Halbertal, Jay Heubert, Barak Medina, Orna Rabinovich- Einy, Yair Sagy, Nadav Shoked, Paul Tractenberg, and the participants of the Education Law Association Conference, the Columbia Law School Visiting Scholar Colloquium, and the Tikvah Center Workshop at NYU School of Law.

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