SCSB Cites State Supreme Court Decision in Rejecting Jewish Charter Proposal

The Oklahoma Statewide Charter School Board (SCSB) today unanimously voted to reject an application submitted by the Ben Gamla Jewish Charter School Foundation during its regular monthly meeting.

The Board’s decision primarily was based on binding legal precedent established by the Oklahoma Supreme Court in 2024, which held that a religious charter school would be unlawful under the state’s Constitution. That ruling arose from litigation involving the then Statewide Virtual Charter School Board (SVCSB) and Oklahoma Attorney General Gentner Drummond, who sued the SVCSB over its 2023 approval of a proposed virtual charter school by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa.

The Oklahoma Supreme Court sided with Drummond. The SCSB appealed to the U.S. Supreme Court, asserting that the state Constitution excluding religious organizations from operating publicly funded charter schools solely because of their religious status raised federal constitutional questions under the Free Exercise Clause.

On May 22, 2025, the U.S. Supreme Court issued a 4–4 split decision with one justice recusing, resulting in the Oklahoma Supreme Court’s ruling being affirmed due to an “equally divided (U.S. Supreme) Court.”

“I believe the Board was placed in a difficult position,” said SCSB Chairman Brian Shellem. “While we value innovation, parental choice, and high-quality educational opportunities for families, we are unfortunately bound by the Oklahoma Supreme Court ruling from 2024, even if we disagree with it.”

Shellem said that he welcomes actions from the Legislature, Ben Gamla, and those who believe the laws in Oklahoma should align with the U.S. Constitution. Ultimately, he added, he hopes the issue makes it back to the U.S. Supreme Court because the lack of judicial consensus demands the need for legal clarity and precedent.

“Merit should be the deciding factor if a charter is awarded to an applicant. 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 said. “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.”