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Updated February 9, 2026

The Oklahoma Statewide Charter School Board voted unanimously against an application Monday for a virtual Jewish charter school, citing聽the state supreme court’s 2024 ruling that public funding for a religious school would violate state law.聽As expected, some board members voiced support for聽Ben Gamla Jewish Charter School Foundation.

“I think our hands are tied,” said Board Member Damon Gardenhire, who said he didn’t see much difference between Ben Gamla’s application and a now-closed Native American charter school that featured a “spiritual component.”聽

In a statement responding to the vote, Brett Farley, a member of the proposed school’s board, said organizers plan to challenge the decision in federal court. “Oklahoma families should have the freedom to choose schools that best meet their children’s needs 鈥� without losing strong options simply because they are faith-based,” he said.

The Oklahoma Statewide Charter School Board is expected to deny an application for a Jewish charter school Monday, but will likely welcome organizers of the school to take them to court.

Peter Deutsch, founder of the Ben Gamla Jewish Charter School Foundation, and a former Democratic congressman, made his pitch for the school in January, saying that he aims to bring 鈥渁 rigorous, values-driven education鈥� to Jewish parents in Oklahoma.

鈥淚 anticipate that our board would like to grant them the application,鈥� Brian Shellem, the board chair, told The 74. 鈥淏ut we can’t snub our nose at the court either.鈥�

He means the Oklahoma Supreme Court, which ruled against the nation鈥檚 first Catholic charter school in 2024. That decision still stands after the U.S. Supreme Court deadlocked over that case last year. The charter board鈥檚 likely denial of Ben Gamla鈥檚 application is expected to spark another lawsuit, pitting against those who say it would violate the Constitution’s prohibition on establishing a religion. With a case over a proposed Christian charter in Tennessee already in federal court and another religious school in Colorado founded to test the same legal question, there鈥檚 little doubt that the nation鈥檚 highest court will eventually settle the debate.

鈥淚t is hard for me to imagine the court doesn鈥檛 take the issue again when it comes to it,鈥� said Derek Black, a constitutional law professor at the University of South Carolina. But after Justice Amy Coney Barrett recused herself in the case over St. Isidore of Seville Catholic Virtual School, resulting in the 4-4 tie, the justices likely in favor of religious charters, he said, 鈥渨ould want a case that was very strong.鈥�

鈥楶ray and hear Scripture鈥�

So far, the only case to watch is in Tennessee. Wilberforce Academy of Knoxville, a nonprofit that wants to open a K-8 Christian charter school, sued the Knox County school board because the district wouldn鈥檛 accept its letter of intent to apply. State law prohibits charter schools from being religious. 

鈥淪tudents will begin to develop biblical literacy in kindergarten and begin taking catechism lessons by third grade,鈥� according to Wilberforce Academy鈥檚 request for a quick ruling in the case. 鈥淎nd they will pray and hear Scripture together in a school assembly every morning.鈥�

As St. Isidore did before them, Wilberforce argues that the nonprofit is a 鈥減rivate actor鈥� and that approving its charter application would not turn it into a government entity.

The Knox County board told the court that it will 鈥渕ost likely鈥� not take a position on the legality of Wilberforce鈥檚 argument. On Thursday, the board rejected asking state education Commissioner Lizzette Reynolds to consider granting Wilberforce Academy a waiver so they can open the Christian school.

The Knox board, however, also said the issue of religious charter schools 鈥渄eserves a thorough examination by the federal courts.鈥� 

Judge Charles Atchley Jr, for the Eastern District of Tennessee, thinks so, too. Last week, he allowed a group of Knox County parents and religious leaders, who oppose Wilberforce鈥檚 application, . 

The case, he wrote, has the 鈥減otential to reshape First Amendment jurisprudence in the educational context鈥� and it wouldn鈥檛 serve the court or parties involved to not have 鈥渧igorous advocacy on both sides.鈥�

Amanda Collins, a retired Knox County school psychologist, is among those who have signed up to fight against Wilberforce Academy. She has two children still in the district and one who graduated in 2024. She grew concerned about Wilberforce Academy when she learned the organization didn鈥檛 have a history of operating charter schools in the state and feels its attorneys are using the district to 鈥渕erely force an issue up the ladder to the Supreme Court.鈥�

鈥淚n Tennessee, we have plenty of things that are underfunded,鈥� she said. 鈥淲e don’t need to be wasting our local Knox County taxpayer money on somebody’s agenda that is not intended to promote the education safety and wellness of our public school students.鈥� 

鈥楾he clear constitutional boundary鈥�

Another school that could spark a lawsuit over public funds for religious schools is Colorado鈥檚 , which advertises that it offers students a 鈥淐hristian foundation.鈥� 

The school operates 鈥減retty much just like a charter school鈥� said Ken Witt, executive director of Education reEnvisioned, the board of cooperative educational services, or BOCES, that contracted with the school. 

As , emails between the attorney for the Pueblo County district, which allowed the school to open within its boundaries, and the Alliance Defending Freedom, a conservative law firm, suggest the school was intentionally founded to test the legal argument over whether public schools can practice religion. 

After threatening to withhold state funds because of the school鈥檚 religious mission, the Colorado Department of Education funded Riverstone鈥檚 31 students. But the state is also conducting a , which could take another year, before deciding whether it can legally provide money to the school. In the meantime, Riverstone had to close its building last week because of health and safety violations. It鈥檚 unclear whether students are learning remotely or in another facility in the meantime.

For now, Colorado Attorney General Phil Weiser, a Democrat running for governor, hasn鈥檛 issued an opinion on Riverstone, but his views on St. Isidore, the Oklahoma school, were clear. Last year, he in opposing state funding for the school.

In , he urged the Supreme Court 鈥渢o preserve the clear constitutional boundary that protects both religious liberty and the integrity of our public education system.鈥�

Oklahoma Attorney General Gentner Drummond, a Republican who is also running for governor, made a similar argument about St. Isidore before both the Oklahoma and U.S. supreme courts. 

But that鈥檚 where both he and Weiser split with the Tennessee Attorney General Jonathan Skrmetti. In his , Skrmetti states that categorically excluding faith-based schools from public charter programs violates parents鈥� rights to freely exercise their religion.

To Ilya Shapiro, director of constitutional studies at the conservative Manhattan Institute, it鈥檚 a matter of equity. Higher-income families can move into wealthier neighborhoods or pay private school tuition, he wrote in a on the Wilberforce case. The state, he added, already funds religious schools through education savings accounts. 

鈥淏ut families who rely on charter schools are told that their options must be secular,鈥� he wrote. 

Black, with the University of South Carolina, said the issue comes down to who authorized the school to begin with. In both Oklahoma and Tennessee, either local or state boards approve charter applications.

鈥淭hat explicit state involvement, to me, makes it clear that state action is involved,鈥� he said, 鈥渁nd thus the Establishment Clause applies.鈥�

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