The Oklahoma Statewide Charter School Board denied the application for the Ben Gamla Jewish Charter School in February and March, saying it was constrained by a previous Oklahoma Supreme Court decision.
In 2024, the Oklahoma Supreme Court struck down an application the board approved for the St. Isidore of Seville Catholic Virtual School. The case went to the U.S. Supreme Court, which, after Justice Amy Coney Barrett’s recusal, tied 4-4, allowing the lower court’s ruling to stand.
After its rejection, the National Ben Gamla Jewish Charter School Foundation sued the board. In March, it filed a motion for a preliminary injunction. It seeks to allow the school to still open for the 2027-28 school year while the lawsuit moves forward.
Similarly to St. Isidore’s arguments, Ben Gamla contends that if established, it would not be a “state actor” — a point Attorney General Gentner Drummond hammered in his lawsuit against St. Isidore.
Drummond argued charter schools are public schools in state statute, which means they are subject to Oklahoma law prescribing public schools to be “free from sectarian control” and prohibiting public funds from going to any system of religion or sectarian institution.
Attorneys for Ben Gamla and the charter school board opposed the idea of charter schools being state actors and said they retain the right to the free exercise of religion.
Peter Deutsch is the founder of the National Ben Gamla Jewish Charter School Foundation. The former U.S. representative from Florida founded several Hebrew schools that also use the name “Ben Gamla.”
“That type of religious discrimination must end,” Deutsch said in a news release. “The court should reject the state’s religious ban and let Ben Gamla compete with other private schools on equal terms.”
What sets this case apart is that the foundation sued the charter school board, but the board is ideologically on Ben Gamla’s side. Oppositional arguments were only heard from a group of Oklahoma families, teachers and clergy who filed as interveners.
Alex Luchenitser represents some of the Oklahomans opposing the school. He argued that Ben Gamla would engage in discriminatory policies against students and employees. He said charter schools are subject to the same regulations as traditional public schools.
“Charter schools were created by statute,” Luchenitser said. “And that statute controls their operations.”
After the hearing, board chair Brian Shellem told reporters that Oklahoma was in an “education crisis,” lamenting the Drummond decision that tied the board’s hands.
“We shouldn’t be turning down people who are very highly qualified to provide excellent education for the students of Oklahoma, but we are forced to do that in compliance with the Oklahoma Supreme Court,” Shellem said.
Judge David L. Russell will decide on the motion. That decision could be appealed to the Tenth Circuit Court of Appeals.
Board attorney Hiram Sasser offered a prediction for the arduous legal road ahead:
“The [judge] will issue a ruling, and then whoever doesn’t like that is going to appeal it to the Tenth Circuit, and so on and so forth,” Sasser said. “Frankly, probably all the way up until we break the 4-4 tie at the Supreme Court.”
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