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Committee advances bill allowing religiously affiliated institutions to sponsor charters; AG opinion cited
Summary
House Bill 2000 would permit private postsecondary institutions, including religiously affiliated ones, to establish public charter schools if curriculum remains nonsectarian. Legal counsel warned an Attorney General opinion finds current prohibitions vulnerable under recent Supreme Court free-exercise cases; the committee voted to send the bill to Finance (13–3).
Representative Spicke presented HB 2000, a measure to authorize private postsecondary institutions — including those with religious affiliation — to establish public charter schools, while retaining a nonsectarian curriculum requirement. Legal Services attorney Katie Robertson summarized an Attorney General opinion that, based on recent U.S. Supreme Court free-exercise rulings and LeBron analysis, prohibitions on religious entities serving as sponsors for charters could likely be found impermissible. Robertson told the committee the AG "finds... it is likely that current law in Tennessee would violate the free exercise clause" under the cited decisions.
Members voiced constitutional concerns and discussed precedent (Carson v. Makin, Espinoza). Supporters argued the bill aligns practice with the AG opinion and preserves nonsectarian curriculum requirements; opponents cautioned about public funds flowing to religious institutions. The clerk reported 13 ayes and 3 nays; the bill moves to Finance.
