Charter school board taking religious school case to the U.S. Supreme Court

(The Center Square) - The Oklahoma Statewide Charter School Board voted Tuesday to take a religious charter school case to the U.S. Supreme Court.

The Oklahoma Supreme Court ruled in June that the St. Isidore of Seville Virtual Catholic Charter School approved by the Statewide Virtual Charter School Board in 2023 was unconstitutional.

The authority to approve virtual charter schools now rests with the statewide charter school board after the virtual board was disbanded and merged with the charter school board.

Board Chair Brian Shellem said denying the school a charter is "discrimination."

"The contract was to education children and they have the skills to do that," Shellem said.

State Superintendent of Public Instruction Ryan Walters, who sits on the charter school board, backed the decision to send the case to the Supreme Court.

"What we have the ability to do here today is to protect religious liberty and protect options for the families of Oklahoma," Walters said.

Board member Ben Lepak said the issue would likely end up in court even if the board didn't appeal.

"I am concerned the school will file a lawsuit against us to try to seek an answer on a federal constitutional questions," Lepak said. "I think we are going to be in litigation whether we like it or not."

The motion passed with Jared Buswell abstaining and Becky Gooch voting no.

"I believe it's outside the purview of this board," Gooch said.

If the school is approved, it will be the first religious charter school in the country.

Oklahoma Attorney General Gentner Drummond disagrees with the board's decision. He filed a lawsuit in 2023 that said the approval of the school "violates the state’s constitution prohibiting sectarian control of public schools," according to previous reporting by Chalkboard News .

“Every Oklahoman should be outraged by the board’s blatant hostility toward religious liberty," Drummond said in a statement Tuesday. "Rather than acting to protect religious liberty, they are recklessly committed to using our tax dollars to fund radical religious teachings like Sharia law. I will continue to protect the religious liberty of all four million Oklahomans by upholding their constitutional rights.”

Gov. Kevin Stitt said previously he disagreed with Drummond and supported the school's charter application.