The board met at the state Capitol less than a month after its vote on the school’s application fell short of the support needed for approval. Rather than take another vote, members authorized an appeal of the federal court’s preliminary injunction.

Board member Jared Buswell moved to direct the board’s lawyers to file a notice of appeal, saying the filing would preserve the board’s options while members discuss how to proceed. The vote was unanimous.

Board attorney A.J. Ferate said a state attorney general opinion issued late Thursday constrained the board from voting again on the application. He said the board faced a choice between appealing the federal order or risking contempt proceedings and discovery in the trial court. Ferate also said Ben Gamla had sent a letter indicating it might pursue legal action.

The attorney general’s office criticized the appeal, arguing that the board had supported Ben Gamla’s request for an injunction in April and that the federal court granted that request in September. The office said a party generally cannot appeal an order it asked the court to issue and received, and said it would not authorize state spending on an appeal it believes the board lacks standing to bring.

The legal dispute stems from the board’s earlier support for the school’s request for court relief after its application did not receive approval. Ferate described the injunction as requiring the board to reconsider and approve the school, while the attorney general’s opinion said the board could not hold another vote.

The timetable for the appeal is unknown. Ferate cautioned that appeals can take years. Board member Shellem said the board would continue its work to improve education in Oklahoma, describing the state as facing an education crisis and calling for “all hands on deck.”

The board’s appeal does not resolve whether Ben Gamla can open as a public charter school. The school had not provided a response to Friday’s decision by the time of publication.