At NACSA, we focus not just on what’s happening in Washington and in your communities, but what it means for authorizers, schools, students, and communities.

Below is a snapshot of the key federal policy issues and national events we’re monitoring closely—and why they matter.

Recommendations for Immigration Enforcement at Schools

We acknowledge the challenges many of you may be facing in light of current immigration enforcement activity, and we want you to know that your experiences are seen, respected, and valued. During times of uncertainty authorizers should start by communicating effectively and listening well. Here are some lessons we shared early in the COVID-19 global pandemic that apply here:

First, effective, efficient communication is crucial. Being a reliable communicator, as well as distilling and sharing what is most important, can be the most important thing in the short term. Authorizers are perfectly positioned to act as conduits of important information for their charter schools but must be cautious that they are not simply speaking to be heard. Communicate efficiently.

Second, authorizers must be good listeners. Every school is going to have different needs and different immediate priorities. Some might already be thinking about how the disruption to instruction will impact accountability decisions, while others have not been able to make that shift yet. Authorizers need to be listening and responding accordingly.

This is an issue that we are closely monitoring to better understand both immediate and long-term impacts on things like absenteeism, assessment, and financial viability. And we will continue to provide updates, recommendations and resources.

Charter Schools Program (CSP) Grants

Last year, the U.S. Department of Education ran competitions across all six CSP programs, awarding six State Entity grants and 12 awards under the revised Model Development & Dissemination program. We were proud to be among the awardees through Authorizing Innovative Models, which focuses on strengthening authorizing practices that support high-quality, innovative schools.

In 2026, the Department is expected to run another full slate of CSP competitions. While timelines and RFPs will likely become clearer later this spring, Texas and Florida are expected to submit record-breaking requests under the State Entity Program.

The FLEX Act, recently introduced in Congress, would modernize CSP by allowing grantees to front-load technical assistance, giving the Department greater flexibility in allocating funds across CSP programs, and providing schools more flexibility in how funds are planned and used. These changes reflect lessons learned from the field and would make CSP a more effective tool for supporting quality.

U.S. Department of Education Restructuring

We continue to monitor efforts by the U.S. Department of Education to reassign functions and offices to other federal agencies.

While proposed bipartisan budget language would restrict further restructuring, those provisions have not yet been enacted. And if they are, the practical impact of such language on administrative actions remains unclear. Given the potential implications for program oversight, funding, and technical assistance, this is an area we’re watching carefully.

Religious Charter School Litigation

Legal activity related to proposed religious charter schools continues to evolve. We are monitoring several cases alongside the National Alliance for Public Charter Schools.

• Tennessee: Knox County Schools has moved for summary judgment in a case brought by Wilberforce Academy after the district denied the school’s letter of intent to open an openly religious charter school.
• Oklahoma: The Statewide Charter School Board has received a letter of intent (LOI) from the Ben Gamla Foundation to open an openly religious virtual charter school. The Board has not yet acted on that LOI.
• California: Following a Ninth Circuit ruling that families in independent study charter school programs cannot use state funds to purchase religious education materials, we are watching to see whether plaintiffs seek an en banc review by the full 9th Circuit court, or appeal to the Supreme Court.

These cases raise significant constitutional and policy questions with long-term implications for the charter sector.

Federal Legislation to Watch

We are monitoring the Labor, Health, and Human Services appropriations bill. As currently expected, it would fund CSP at approximately $440 million and allow the Department to move up to $50 million from other programs into CSP. The bill may also include provisions related to Department restructuring, tying back to the issues noted above.

In addition to the FLEX Act, Congress has introduced legislation aimed at helping charter schools address facilities challenges.

Looking Ahead

We will continue tracking these developments and sharing timely analysis to support quality, accountability, and informed decision-making across the field.