Politics
Ben Gamla charter application remains unapproved after Oklahoma board’s 4-3 vote
A split vote left the proposed Jewish public charter school without authorization, despite a federal judge’s order barring the state from excluding schools solely because of their religious character. The foundation is weighing an appeal, while the board’s lawyer warned of possible further litigation.
The Oklahoma Statewide Charter School Board again declined to authorize a proposed Jewish public charter school after a 4-3 vote fell short of the five votes required for approval.
The board considered the Ben Gamla Jewish Charter School Foundation’s application at a meeting in Oklahoma City. One of the board’s nine seats is vacant, and member Amber Wise was absent. The foundation has sought to open the school next year; it would be Oklahoma’s first Jewish public charter school.
The vote followed a September ruling by U.S. District Judge David L. Russell, who said the board could not exclude a school solely because of its religious character. The foundation’s founder, Peter Deutsch, sued after the board rejected the application earlier this year, arguing that state rules could not be used to discriminate against religious applicants.
Board Chairman Brian Shellem said the school would not be authorized under the latest vote, though the foundation could submit another application. “This is dead right now,” he said.
The board’s attorney, A.J. Ferate, said the consequences of the federal court order remain uncertain and that the board could face additional legal action, including a possible contempt motion. Ferate said he expected the foundation might pursue that option, but its next steps have not been announced.
Brett Farley, a foundation board member, said the result was surprising after the court ruling. The foundation is consulting with its attorneys about possible appeals, he said.
The dispute comes amid broader legal uncertainty over whether religious schools can operate as public charter schools. Farley pointed to a separate case involving St. Isidore of Seville Catholic Virtual School that reached the Oklahoma Supreme Court, and said the differing court decisions leave the legal landscape unsettled.
For families and communities considering the proposed school, the board’s vote means there is no authorization to open next year at this time. Whether the foundation resubmits its application or seeks further court action remains unclear.