Citing ‘binding’ court precedent, Oklahoma board rejects Jewish charter school bid

The Oklahoma Statewide Charter School Board voted unanimously on Feb. 9 to deny an application from the Ben Gamla Jewish Charter School Foundation to open a virtual Jewish public charter school, citing a “binding legal precedent” established by the Oklahoma Supreme Court.

The decision serves to block what would have been one of the first religiously affiliated, publicly funded charter schools in the state. It followed a 2024 court ruling that determined that faith-based charter schools are unlawful under the Oklahoma Constitution.

That ruling, which stemmed from litigation over a proposed Catholic charter school, was left in place by a 4-4 split at the U.S. Supreme Court last May.

Eric Baxter, an attorney for Ben Gamla and senior counsel at the Becket Fund for Religious Liberty, stated that the actions of Oklahoma Attorney General Gentner Drummond “have hung a no-religious-need-apply sign on the state’s charter school program.”

He said that “we’ll soon ask a federal court to protect Ben Gamla’s freedom” to serve families in the state, which he added “is a right that every other qualified charter school enjoys.”

Ben Gamla, which operates four charter campuses in Florida, had pitched the online K-12 program as a “rigorous, values-based education” combining state academic standards with Jewish learning and open to students of all faiths, according to Becket.

“Parents across the Sooner State deserve more high-quality options for their children’s education, not fewer,” stated Peter Deutsch, founder of the Ben Gamla network. “Yet Attorney General Drummond is robbing them of more choices by cutting schools like Ben Gamla out.”

Brian Shellem, chairman of the board, said the panel faced limited discretion under existing law but welcomed action by the state legislature, Ben Gamla and others seeking to align Oklahoma law with the U.S. Constitution.

“Merit should be the deciding factor if a charter is awarded to an applicant,” he stated. “Families deserve more high-quality, publicly funded schools from which to choose, and our nation’s collective future depends on improving its education system.”

He added that “alienating proven, successful partners runs contrary to us achieving that goal, which is why this deserves resolution at the highest level with the U.S. Supreme Court.”

© JNS