OKLAHOMA CITY — An Oklahoma County lawsuit challenging a Catholic charter school has been dropped following the school’s failed appeal to the U.S. Supreme Court.

The upheld an Oklahoma Supreme Court decision against permitting the country’s first religious charter school to begin operating in the state with taxpayer funds.

While Catholic leaders, a small state agency and Attorney General Gentner Drummond , a separate lawsuit opposing the religious school . The coalition of local parents, faith leaders and public education advocates who filed the Oklahoma County case announced Monday they have their lawsuit in light of the higher court decisions.

The plaintiffs and their legal counsel — who include attorneys from the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom from Religion Foundation — declared victory while dropping their case.

“We’re pleased that the courts stopped this direct assault on public education and religious freedom,” said Daniel Mach, of the ACLU. “ Public schools must remain secular and welcome all students, regardless of faith.”

The Oklahoma Parent Legislative Advocacy Coalition was the first plaintiff in the lawsuit. Chairperson Misty Bradley said the group is grateful for those who supported their case and for the attorney general’s “successful efforts to uphold Oklahoma’s constitution and protect its taxpayers and public schools.”

Officials from the Archdiocese of Oklahoma City and the Diocese of Tulsa first applied to open St. Isidore of Seville Catholic Virtual School in 2023. Later that year, the Oklahoma Statewide Virtual Charter School Board, a small state agency that oversaw online charter schools, approved the application to open St. Isidore, permitting it to operate with taxpayer funds.

St. Isidore would have offered an online education to students in all parts of the state. Although students of any religion or no faith could have attended the school, St. Isidore would have taught Catholic doctrine and functioned according to church beliefs.

The Oklahoma County lawsuit was the first to be filed against the school, followed by the attorney general’s request that the state Supreme Court intervene. The state Supreme Court that a religious charter school would be unconstitutional.

Both St. Isidore and the Oklahoma Statewide Virtual Charter School Board appealed the decision to the U.S. Supreme Court, which agreed to hear the case in May. 

The eight justices who heard the case deadlocked at 4-4, which allowed the state Supreme Court’s decision to stand.

Catholic leaders, who did not immediately comment on the Oklahoma County case Monday, said they are exploring other options to provide an online Catholic education.

Gov. Kevin Stitt, a supporter of St. Isidore, said the matter of publicly funded religious charter schools is “far from a settled issue” and suggested it would reach the U.S. Supreme Court again.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com.

OKLAHOMA CITY — A contract founding the nation’s first religious charter school is now void, but it could be reestablished if the U.S. Supreme Court were to rule in favor of the school. 

In its fourth time considering the measure, the Oklahoma Statewide Charter School Board finally agreed on Monday to rescind its contract with St. Isidore of Seville Catholic Virtual School, effectively blocking the school from opening as a state-funded entity. St. Isidore, named for the patron saint of the internet, had already agreed not to attempt to open nor accept public funding in the 2024-25 school year.

The on June 25 that the concept of a publicly funded, state-established school that endorses a religion is unlawful and unconstitutional. In doing so, the Court ordered the state board to invalidate St. Isidore’s founding charter contract. 

The Archdiocese of Oklahoma City and the Diocese of Tulsa, which created the school, . Advocates for St. Isidore say denying the school of public funds because it is Catholic violates the right to religious freedom.

The board’s unanimous vote on Monday included a provision to reinstate the contract if the U.S. Supreme Court “reverses, vacates or otherwise nullifies” the state Supreme Court’s ruling. Father Stephen Hamilton, pastor of St. Monica Catholic Church in Edmond, prays before a meeting of the Statewide Charter School Board on Aug. 12 at the Oklahoma History Center in Oklahoma City. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

The Statewide Charter School Board had declined multiple times to void the contract, . The board’s cooperation with Catholic officials was evident again on Monday when it had Father Stephen Hamilton, of St. Monica Catholic Church in Edmond, pray at the beginning of its meeting.

Chairperson Brian Shellem said the board was waiting for an appeals window to close and for further clarification from the Court on the ruling. He said last month that the board intended to follow the Court order but didn’t want to “short circuit” the legal process.

“Our board is always going to be in compliance with a court order,” Shellem said after Monday’s meeting. “Now, there’s those who wanted to rush the process, but there was a process and this board will always respect the process.”

Shellem said an appeal to the U.S. Supreme Court has not yet been filed.

The odds are long that the nation’s highest court will take up the case. The U.S. Supreme Court a year to review cases, of which it agrees to hear about 100 to 150.

Meanwhile, pressure to rescind the contract mounted from Attorney General Gentner Drummond, who sued to strike down the school. Drummond asked the state Supreme Court to threaten a contempt citation against the board members if they again refused to follow the order in their meeting Monday. 

Anyone held in contempt of a court order could face a fine of up to $500 or imprisonment up to six months, or both, according to state law.

“While it is appalling that the board took so long to recognize the authority of the Oklahoma Supreme Court, I am pleased that board members finally fulfilled their duty,” Drummond said in a statement after the meeting. “The proposed state-sponsored religious charter school, funded by our tax dollars, represents a serious threat to the religious liberty of all four million Oklahomans.”

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com. Follow Oklahoma Voice on and .

And while a few charter and school choice leaders are quietly supporting the proposed St. Isidore of Seville Catholic Virtual School, seeing it as a watershed moment for religious freedom, others are saying, in so many words: Be careful not to drown.

While public funding would bring unprecedented growth and financial stability to such programs, it could also create a fraught path to the religious freedom they’re seeking, as the burden of complying with court orders and myriad regulations, which even autonomous charters face, could be overwhelming. 

The school and others like it will almost certainly be tied up in litigation for months or years, said Greg Richmond, of the Archdiocese of Chicago Catholic Schools. And that’ll be bad, since it will take precious autonomy away from what should be independent schools’ sole decision-making power.

Richmond said he looked the other day at the website and counted more than 150 regulations, including meeting agenda formats, residency requirements, Open Records Acts rules and more. 

“It’s odd to try to fit a religious school into that regulated charter framework,” he said. “The accountability that comes with charter schools, I think, would be a shock to many Catholic schools in terms of the quantity of measures — academically, financially, operationally.”

That said, what happens when a Catholic charter school teacher, for instance, takes to Facebook to advocate for abortion rights? Are the teacher’s free speech rights protected, as in a public school? Or can the charter school dismiss her because she’s advocating against the teachings of the church?

For their part, charter proponents fear that while the new school may be a good political fit in deep-red Oklahoma, the legal precedent it sets could both damage and perhaps even decimate the larger charter sector in coming years. “It will give opponents of charter schools yet another reason to claim charter schools are not public schools,” said Richmond, who formerly led the National Association of Charter School Authorizers. “So that does represent a threat to charter schools.”

Aside from betraying charter schools’ implicit vow to welcome and educate all students, they say it could further erode charters’ , especially in blue states. They’ve vowed to fight what could soon be one of their own.

In the most recent development, Oklahoma’s virtual charter school board last month turned down an application from the Archdiocese of Oklahoma City to open the new virtual school, a move that proponents say was largely pro forma. 

But Nina Rees, president and chief executive officer of the , said the board’s hesitation likely stemmed from “the strong probability of breaking state law if the school is approved. Should a charter school be authorized that falls outside the scope of the law, it will certainly be challenged in court, and we will be on the side of those seeking to uphold the law and affirm the public, non-sectarian nature of charter schools.”

Public or private actors?

While the Oklahoma case plays out, both sides say the coming weeks could also set in motion one of the most consequential federal court decisions ever about the future of charter schools: The U.S. Supreme Court will soon decide whether to take up a that could wreak havoc with the bedrock idea that charter schools are public schools, as they’ve maintained since the first one opened more than 30 years ago.

The case, , pits three female students against their “traditional values” school, which has required that they wear skirts. In doing so, they say, the school violated their civil rights — its founder has called female students “fragile vessels” and believes the dress code will preserve chivalry, ensuring that girls are treated “courteously and more gently than boys.”

In court filings, the school argued that even though it enjoys public funding, it is a private entity and not a “state actor,” like district schools. So the Constitution’s 14th Amendment doesn’t apply to it, the school maintained. The 4th U.S. Circuit Court of Appeals in Richmond last year rejected that argument, setting up a possible hearing in Washington, D.C., before a high court that has already struck down states’ so-called Blaine amendments, allowing public funds to flow to religious schools in small communities without sufficient school capacity.

“It’s not a new conversation,” said Rees. “What’s new about it is that we have a more conservative Supreme Court.”

For Rees, who served as a top official in George W. Bush’s Education Department, the truth of the matter seems clear: “As public schools, we can’t teach religion.”

They also must open their doors to anyone, both students and staff, she said. That could potentially bump up against schools that, as private operations, can openly reject candidates that don’t uphold their beliefs.

Rees and others say the path forward for funding these schools would more appropriately — and legally — be found in another recent development taking place in statehouses nationwide: taxpayer-funded education savings accounts, or ESAs, vouchers and tax credits, which in a few states offer as much money to families for private schooling as charter schools get per pupil.

“In some respects, if you wanted to promote religious education,” Rees said, “the ESA route will get you to that end goal faster, without rules and regulations that come if you open a religious charter school.”

In January, the charter school network Great Hearts, which operates classical education schools in four states and online, said it was doing just that: It announced it was opening a pair of Christian academies in the Phoenix area. But the schools, the network said, would be , funded by the state’s ESA program. 

Jay Heiler, Great Hearts’ CEO, said Arizona’s Empowerment Scholarship Accounts are worth about $7,000 per student, not quite enough to fund a successful private school, but enough “when supplemented with some philanthropic effort, which we’re out there pushing to try to make ends meet, partner-to-partner, with churches that have some existing classroom infrastructure.”

But Brett Farley, executive director of the , which represents the church on public policy issues, said that in most states, ESAs don’t typically provide anything near full per-pupil funding, leaving students a dearth of options, especially in rural areas.

While Rees’ group has vowed to oppose schools like St. Isidore and efforts to reframe charters as private actors, others aren’t so sure. 

Heiler said Great Hearts, which has operated charter schools for more than 20 years, “will continue to follow that pathway,” keeping its religious schools private. But it also in the North Carolina case, arguing that the Supreme Court should decide that charter schools “are not presumptive state actors.” Failure to do so, it said, “will wreak havoc” on education systems more broadly and innovative charters specifically. 

Held up in court ‘for a long time’

Farley said the Oklahoma virtual charter board’s rejection last month was largely routine, giving the archdiocese 30 days to revise aspects of the plan that include how they’ll provide rural broadband statewide and special education services to disabled students. He said the board also wanted to know more about how the archdiocese will address the question of whether a religious public school violates state statute.

“We’re confident we’ll be able to answer all three of those questions sufficiently, and then we’ll move on to a vote,” he said. He anticipated that approval would take place in June. 

But in interviews, he whether the new virtual school would admit LGBTQ students or hire such staff members, saying it would follow state regulations while maintaining its right to operate according to religious beliefs. Asked if gay, lesbian or transgender educators are invited to apply for employment at the school, Farley declined to comment. Like other public schools, charters are prohibited from discriminating based on religious belief, gender identity or similar factors.

He has said he believes that charter schools are non-state actors — Oklahoma’s charter framework, he said, is “very loose.”

M. Karega Rausch, president and CEO of the charter authorizers’ group, said even Oklahoma law is clear: It’s unlawful for a public school, including a charter school, to provide a sectarian education.

Whatever happens with the Oklahoma board, Rausch said, the case will be tied up in litigation “for a long time.”

If the Oklahoma board ultimately rejects the St. Isidore application, the archdiocese can appeal the decision to the state board of education.

Gov. Kevin Stitt has for the effort, but new Attorney General Gentner Drummond has slightly complicated the process: In February, he withdrew an opinion from his predecessor that said the state board would be on solid legal ground if it approved a religious charter school. 

His said state law is “currently unsettled” as to whether charter schools are so-called “state actors” or private school operators. Like many in the sector, he’s awaiting the decision in the North Carolina case.

‘Proceed with caution’

Kathleen Porter-Magee, superintendent of , a network of 11 independent Catholic elementary schools in New York City and Cleveland, said high-performing private schools like hers would love the extra per-pupil allotment that comes with being a charter school: It costs her about $11,500 per student to keep the doors open, yet her students bring in just $800 apiece from New York state in the form of reimbursements for such as required assessments, immunizations and attendance reports. 

Were Partnership’s New York schools to become charters, they’d stand to bring in more than $16,000 per pupil, which the city’s charter schools typically receive, and about half of what they’d get if they were district schools. “We wouldn’t know what to do with that much money,” she said. “It would be just absolutely game-changing for us.”

But it would also complicate matters. “How much freedom do those religious organizations have to live out their faith every day if they are technically running public charter schools?” she asked.

Like many in the school choice world, she’s closely watching what happens in Oklahoma. She’s “deeply conflicted” about the case: Denying public funding to non-profits because of their religious status “feels wrong,” she said, so she supports the archdiocese’s application for charter status.

“From a constitutional standpoint, I think it is the right decision. I think it makes sense. But I just think it’s like, ‘Proceed with caution.’ ”