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Oklahoma charter board will challenge court order in Ben Gamla case
The Oklahoma Statewide Charter School Board voted to appeal a federal ruling that lets Ben Gamla Jewish Charter School continue seeking a place in the state’s charter program. The school’s application previously fell one vote short of approval.
The Oklahoma Statewide Charter School Board voted Friday, Oct. 23, to appeal a federal ruling involving the proposed Ben Gamla Jewish Charter School, setting up another legal fight over the school’s effort to join Oklahoma’s charter program.
The board approved filing a notice of appeal with the U.S. Court of Appeals for the Tenth Circuit. The federal ruling had allowed Ben Gamla to pursue approval while its lawsuit continued, and barred the state from excluding the school from the charter program because of its religious character.
Board Chairman Brian T. Shellem said the appeal was the board’s remaining option. “We’ve always been in compliance with the Oklahoma Supreme Court,” he said, adding that the board could not vote based on the attorney general’s opinion.
The vote follows the board’s decision earlier this month not to approve Ben Gamla’s application. The proposal received four votes in favor, one short of the five needed. The school’s founder, Peter Deutsch, had sent the board an open letter threatening legal action after the application was denied.
The dispute has implications beyond one proposed school, as the courts consider whether religious schools can take part in publicly funded charter programs. The board’s next meeting is scheduled for Nov. 5.