Jewish charter school falls short of approval from Oklahoma school board

A proposed Jewish virtual charter school fell short of the votes it needed for approval from an Oklahoma board, though its organizers plan to appeal.

Last week, the Oklahoma Statewide Charter School Board voted on whether to approve Ben Gamla Jewish Charter School, which would become the state's first religious charter school.

The board voted 4 to 3 in favor, but the application needed at least five votes to pass.

“It’s unfortunate that one of the members was not present. I would assume that person would have voted yes,” said Brett Farley, a Ben Gamla school board member, according to Oklahoma City-based News 9, which reports that Ben Gamla plans to appeal the outcome.

The possibility remains for the state board to hold another vote on the application.

Oklahoma Attorney General Gentner Drummond, a critic of religious charter schools of any faith, announced Thursday that he is dropping an earlier court action against the board. He dismissed the case without prejudice, which means he can refile it later if he decides it is necessary.

Drummond had alleged that the board deliberately ignored several reasons for rejecting the application that had nothing to do with the school’s religious character. 

“From day one, this case was about making a state agency tell the whole truth about why it rejected a deeply flawed application,” Drummond said in the announcement.

“My office warned this Board in March that the school had no community support and no realistic path to the enrollment it promised. The founder’s own words have now proved that right, so the court no longer needs to step in.”

Ben Gamla submitted its application in December 2025 to launch a Jewish charter school in Oklahoma. The organization behind the proposal already operates six nonreligious charter schools in Florida that are part of the Ben Gamla Jewish Charter School organization.

The Oklahoma Statewide Charter School Board voted in February to reject the application. Ben Gamla founder and former U.S. Rep. Peter Deutsch, D-Fla., vowed to challenge the decision.

A coalition of progressive groups — including Americans United for Separation of Church and State, the American Civil Liberties Union, the Education Law Center, the Freedom From Religion Foundation and the Oklahoma Appleseed Center for Law and Justice — supported the board’s February decision.

Before that vote, the groups sent an open letter urging board members to reject the application on state and federal constitutional grounds.

“By refusing to approve what would have been the nation’s first religious public school, the Oklahoma Statewide Charter School Board is protecting Oklahomans’ religious freedom, public education, and church-state separation,” the groups said in a joint statement.

“We’re proud to be part of a large and diverse group of Oklahomans and people nationwide who are committed to defending America’s secular public education system.”

In March, Ben Gamla filed a complaint against the board and Drummond over the decision, accusing them of religious discrimination.

“The exclusion of Plaintiffs is not narrowly tailored to achieve any government interest,” the lawsuit states. “Plaintiffs have suffered, are suffering, and will suffer irreparable harm and other forms of harm absent relief.”

Last month, U.S. District Judge David Russell of the Western District of Oklahoma issued an order temporarily blocking the board from enforcing a state law that requires charter schools to be nonsectarian, or free of religious affiliation. The preliminary injunction stays in place while the case proceeds.

“Plaintiffs argue that Ben Gamla’s exclusion from the charter school program on the basis of its religious character violates their rights under the Free Exercise Clause of the First Amendment,” Russell wrote. “A long line of Supreme Court precedent supports Plaintiff’s position.”

“Because the nonsectarian provision in the Oklahoma Charter Schools Act expressly discriminates against otherwise eligible recipients solely because of their religious character, it violates the Free Exercise Clause of the First Amendment.”

The Ben Gamla case follows a similar legal battle over the state's earlier approval of St. Isidore of Seville Catholic Virtual School, which would have been the state's first religious charter school before it was struck down in court. Farley also served on the board of directors of the Catholic school.