Wilberforce Academy of Knoxville v. Knox County Board of Education, (ED TN, May 22, 2026), is the latest court challenge to state laws that require publicly funded charter schools to be nonsectarian and nonreligious. Plaintiff seeks to open a Christian charter school. However, its letter of intent submitted to the Knox County Board of Education was rejected because the school could not affirm that it was not a "religious or church school". Wilberforce did not proceed to the next step of submitting an application because the application required a similar representation. Instead, it filed suit in federal district court contending that the nonsectarian requirement violates the Free Exercise clause of the 1st Amendment. The defendants moved to dismiss on standing and mootness grounds because Wilberforce had never filed an application to create the school. The court refused to dismiss, saying in part:
... Wilberforce was effectively presented with only two options: either falsely disclaim its religious status or continue submitting materials that KCBOE had already indicated would be deemed incomplete. Under these circumstances, requiring Wilberforce to proceed further in the application process would elevate form over substance....
... Although it is true that KCBOE may lack discretion to approve a religious charter school, it still may be held responsible for an alleged unconstitutional law it enforces....
Wilberforce has demonstrated a concrete interest in being able to apply and to compete on equal footing with secular organizations to become a charter school in Tennessee. Although it is true that it may not be able to open a charter school during the 2027-2028 school year, Wilberforce has alleged and shown that it is “able and ready” to apply to for charter-school status “for the earliest school year it could open.”...
Accordingly, Wilberforce’s claim presents a live case or controversy that is not moot.
