The Oklahoma Statewide Charter School Board denied an application for a Jewish online charter school Monday, falling in line with a ruling set by the Oklahoma Supreme Court that religious schools cannot receive public money.
The board's denial was not enthusiastic, with some members voicing their overall approval of the school and expressing disappointment in having to follow the opinion of the courts.
"I am troubled by the fact that our hands are tied by the state Supreme Court decision," said board member Damon Gardenhire.
In 2024, the Oklahoma Supreme Court struck down an application the board did approve for the St. Isidore of Seville Catholic Virtual School. The decision largely dictated the board's denial.
"We are bound by the Oklahoma State Supreme Court , even if we disagree with that ruling," said board chair Brian Shellem.
Despite the focus of the denial being placed on the courts, there were other concerns about the school's application, such as non-compliance with the Oklahoma Open Meeting Act and some of Ben Gamla's board members living out-of-state, despite Oklahoma law mandating otherwise.
Shellem said he would be "shocked" if there was no lawsuit filed by Friday — a sentiment member David Rutkauskus echoed.
"We are gonna be sued," Rutkauskus said.
The board voted to pursue private legal representation for the expected lawsuit, rather than using the board's current counsel, Thomas Schneider, from the attorney general's office. The board was at odds with Attorney General Gentner Drummond when he brought suit against it for its decision to approve St. Isidore's application.
"I think there are political issues at work here," Shellem said. "Our current attorney general is running for governor, and Mr. Schneider works for our attorney general. And we know that this board was in conflict with our attorney general before. Any attorney that would represent this board would have to defend our decision."
Ben Gamla's application was brought to the board by former U.S. Rep. Peter Deutsch (D-Fla.), who runs a number of Hebrew-English charter schools under the same name in Florida, though the curriculum there is secular.
The Jewish Federation of Tulsa and the Jewish Federation of Greater Oklahoma City said they were not contacted by Deutsch or anyone from Ben Gamla to consult with local Jewish leaders about the school. That fact seemed to concern board member William Pearson.
"I find that very interesting, that the Jewish community – the people that are involved daily in Jewish lifestyle – that they're opposed to this," said Pearson. Pearson, the only remaining board member from when it was the Statewide Virtual Charter School Board, voted against St. Isidore's application in 2023.
Joe Roberts, executive director of Tulsa's Jewish Federation, previously described Jewish education in the city as "vibrant."
The board's decision was lauded by a coalition of civil rights groups that have previously voiced concerns about what would be the nation's first publicly funded religious school.
"The Oklahoma Statewide Charter School Board is protecting Oklahomans' religious freedom, public education and church-state separation," the groups said in a joint statement. "As the Oklahoma Supreme Court recently reaffirmed, charter schools are public schools that must be secular and open to all students."
Asked for comment, an attorney for Ben Gamla pointed the blame at Drummond, who led the charge against St. Isidore, and signaled an upcoming legal battle.
"[Drummond's] actions have hung a no-religious-need-apply sign on the state's charter school program, ignoring years of Supreme Court precedent and leaving religious families out in the cold. We'll soon ask a federal court to protect Ben Gamla's freedom to serve Sooner families, a right that every other qualified charter school enjoys."
