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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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