Oklahoma City, Okla.— On Tuesday, Attorney General Gentner Drummond and legal representatives for the Oklahoma Statewide Virtual Charter School Board argued at the state Supreme Court. In 2023, the board approved St. Isidore of Seville Catholic Virtual Charter School’s application to become a publicly funded school. If the court decides in favor of St. Isidore, it would be the first religious charter school in the country.
Considered as a type of public school, a charter school receives funding from state dollars. Drummond argues that because charter schools receive public funding they can’t force religious indoctrination.
In a 3-2 vote the Oklahoma Statewide Virtual Charter School Board narrowly approved St. Isidore’s application in October 2023. Following approval, Drummond filed a petition against the board. He argues that allowing one religious public school to operate will open the door for other religions to do the same.
“Today, Oklahomans are being compelled to fund Catholicism. Because of the legal precedent created by the Board’s actions, tomorrow we may be forced to fund radical Muslim teachings like Sharia law,” Drummond said. He reiterated these concerns during Tuesday’s oral arguments.
Additional Litigation
The Oklahoma Parent Legislative Action Committee filed a separate case against St. Isidore in Oklahoma County District Court. OPLAC argues that allowing a religious charter school to receive public funds goes against state law. The outcome of this case will likely fall in line with what the Supreme Court decides.
The ACLU of Oklahoma helped to file the Oklahoma County lawsuit. In a press release from October, they stated, “The plaintiffs are faith leaders, public school parents, and public education advocates who object to their tax dollars funding a public charter school that will discriminate against students and families based on their religion and LGBTQ+ status, fail to adequately serve students with disabilities, and indoctrinate students into one religion.”
History of Oklahoma Charter Schools
In 1999, state lawmakers passed the Oklahoma Charter Schools Act to promote “the use of different and innovative teaching methods.” Now, nearly 30 charter schools are operating across the state.
An aspect that distinguishes charter schools from traditional public schools is that they do not have the same expectations. Typically, state and local school boards place standards on public schools. In contrast, charter schools are responsible for establishing their own performance standards.
St. Isidore is not the only Oklahoma charter school to fall under scrutiny. Currently, there is ongoing litigation against Epic Charter Schools for an embezzlement scheme. Epic was the first virtual charter school to operate in Oklahoma.
Related Stories
In 2022, authorities arrested co-founders Ben Harris, David Chaney, and Josh Brock, bringing a slew of charges against them. Brock chose to testify against his co-founders in exchange for a 15-year probation deal. That left Chaney and Harris to face 15 charges including racketeering, money laundering, and embezzlement.
An audit found that the school was enrolling “ghost students” and inaccurately reporting salaries to collect more state funding. The Oklahoma State Board of Education required Epic to repay $11.2 million to the state.
Separation of Church and State
Drummond reiterated several points that formed the foundation of his case. One is that allowing St. Isidore to be the first religious charter school violates church-state separation.
Section II Article 5 of the Oklahoma Constitution says that religious institutions cannot receive state or federal funding. Vice Chief Justice Dustin Rowe draws a parallel to St. Anthony’s, the state’s oldest hospital that catholic nuns founded in 1894. Like most hospitals, St Anthony’s accepts federal dollars in the form of Medicaid and Medicare. However, because the government didn’t directly fund the hospital, it doesn’t violate the Oklahoma Constitution.
Senior counsel defending St. Isidore and the Virtual Charter School Board is Phil Sechler from Alliance Defending Freedom. According to their website, ADF is, “the world’s largest legal organization committed to protecting religious freedom, free speech, the sanctity of life, marriage and family, and parental rights.”
Sechler says that because the school is privately owned and operated it shouldn’t be reprimanded under the establishment clause of the First Amendment. He also says that even though St. Isidore is a public school it doesn’t make it a state actor.
“All public school means is a free school supported by taxation,” said Sechler during Tuesday’s arguments.
After nearly two hours of oral arguments, the court recessed until the next hearing.
You’ve tackled a complex issue with grace and intelligence.