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Oklahoma Supreme Court Rules Against Catholic Charter School, Statewide Virtual Charter School Board

The Oklahoma Supreme Court has ruled against the state's Virtual Charter School Board which means Oklahoma will not become the first state to have publicly funded religious charter schools.

In June 2023, the Statewide Virtual Charter School Board approved a contract with St. Isidore of Seville Virtual Catholic Charter School. Attorney General Gentner Drummond then sued the State Virtual Charter School Board, and each member in their official capacity, for entering into a contract with St. Isidore.

Drummond argued, that the moment that the virtual charter school board approved St. Isidore's contract, the school became a public entity, therefore crossing the line of church and state.

The Supreme Court's conclusion reads:

Under Oklahoma law, a charter school is a public school. As such, a charter school must be nonsectarian. However, St. Isidore will evangelize the Catholic faith as part of its school curriculum while sponsored by the State. This State's establishment of a religious charter school violates Oklahoma statutes, the Oklahoma Constitution, and the Establishment Clause. St. Isidore cannot justify its creation by invoking Free Exercise rights as a religious entity. St. Isidore came into existence through its charter with the State and will function as a component of the State's public school system. This case turns on the State's contracted-for religious teachings and activities through a new public charter school, not the State's exclusion of a religious entity. The Court grants the extraordinary and declaratory relief sought by the State. The St. Isidore Contract violates state and federal law and is unconstitutional. By writ of mandamus, we direct the Charter School Board to rescind its contract with St. Isidore. Any petition for rehearing regarding this matter shall be filed within ten (10) days of the date of this opinion.

Drummond made the following remarks on Tuesday after the state Supreme Court's ruling;

“This decision is a tremendous victory for religious liberty. The framers of the U.S. Constitution and those who drafted Oklahoma’s Constitution clearly understood how best to protect religious freedom: by preventing the State from sponsoring any religion at all. Now Oklahomans can be assured that our tax dollars will not fund the teachings of Sharia Law or even Satanism. While I understand that the Governor and other politicians are disappointed with this outcome, I hope that the people of Oklahoma can rejoice that they will not be compelled to fund radical religious schools that violate their faith.”

| Read Full The Decision Here |

During the case, the Counsel for the State Virtual Charter School Board, Philip Sechler, pointed out that some religious institutions already get public funding from the state, including some religious hospitals. They said those institutions get public funds to provide public services or benefits, and in St. Isidore’s case, the school is offering the public benefit of education.

Drummond however, argued that the state is legally required to provide education for free, and not at an added cost to the family.

“It is a requirement under our constitution in Oklahoma to provide free public school. That's not a public benefit, that is a requirement of our statute,” said Drummond.

The principal of St. Isidore of Seville Catholic Virtual School released a statement after the ruling on Tuesday saying:

"Today's decision is a setback for Oklahoma K-12 students and to the ideal of free choice and open opportunity in education. I, however, will not give up hope that the Court's error may be corrected and that St. Isidore will help open the path toward a future where the needs of all Oklahoma students and families are fulfilled, regardless of their background, income, or beliefs."

Archbishop Paul Coakley, Archdiocese of Oklahoma City, and Bishop David Konderla, Diocese of Tulsa, released a joint statement saying:

"Today’s ruling is very disappointing for the hundreds of prospective students and their families from across the state of Oklahoma who desired the educational experience and promise of St. Isidore of Seville Catholic Virtual School. We will consider all legal options and remain steadfast in our belief that St. Isidore would have and could still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds."

Oklahoma Governor Kevin Stitt released a statement that says in full:

"I’m concerned we’ve sent a troubling message that religious groups are second-class participants in our education system. Charter schools are incredibly popular in Oklahoma – and all we’re saying is: we can’t choose who gets state dollars based on a private entity’s religious status. Religious freedom is foundational to our values, and today's decision undermines that freedom and restricts the choices available to Oklahomans. I’m disappointed by AG Drummond’s attack on religious liberty and the school choice movement, but I remain hopeful the U.S. Supreme Court will hear the case and grant St. Isidore the right to establish their school. The Oklahoma Statewide Virtual Charter School Board voted in 2023 to approve St. Isidore's application to become the nation's first religious charter school. Governor Stitt has been a vocal supporter of the school and maintains a prohibition on religious charter schools is unconstitutional.”

State Superintendent Ryan Walters also says he’s frustrated.

"This ruling goes against the will of parents of Oklahoma,” said Walters. “The parents of Oklahoma have been very clear, they want more choices in education, they want religious liberty protected."

He believes the ruling limits choice because of the school choice vouchers that went into effect last year.

"If a taxpayer wants to send their kid to a religious school, we should absolutely allow that taxpayer the freedom to send their kid and their tax dollars to a religious school,” said Walters.

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