Catholic charter school in Oklahoma vows to ‘fight’ court ruling, but state fails to cancel its contract • Oklahoma Voice
BROKEN ARROW – Leaders of a Catholic charter school in Oklahoma have said they will “continue to fight to keep the school open” after the Oklahoma Supreme Court rejected their attempt to keep the school operating as a state-funded institution.
Meanwhile, a state board in Oklahoma City has failed to comply with the state Supreme Court’s order to nullify the charter of St. Isidore of Seville Catholic Virtual School.
For the contract to be approved, all three incumbent members of the five-member Oklahoma Statewide Virtual Charter School Board had to vote to terminate the contract, but only two members did so. Brian Shellem, the board member appointed by Gov. Kevin Stitt, abstained and did not participate in a vote.
CEO Robert Franklin said the outcome left him with a “heavy feeling” about not implementing the court’s ruling.
“I was hoping we could move this forward today – but that didn’t happen,” Franklin said afterward. “And the legal machinations that will develop from this – I’m honestly not sure where that’s going to lead.”
The Statewide Virtual Charter School Board is poised to transform next month into the Statewide Charter School Board, which will oversee more types of charter schools, virtual and non-virtual. It will have a mostly new set of members appointed by the governor, legislative leaders and the state auditor and inspector.
The issue of the Catholic charter will be passed on to the new board, Franklin said.
“I guess the new board will have to look into it and deal with it when the time comes,” he said. “But I tried to do everything I could.”
The St. Isidore board met Friday at the Tulsa Diocese Chancery office to prepare next steps.
The board announced that it would not accept any state funding for the school until July 1, 2025 at the earliest.
“In light of the Oklahoma Supreme Court’s adverse ruling, the Board confirms that the school will delay its opening to students until at least the 2025-2026 school year pending review by the United States Supreme Court,” said Board Member Harrison Garlick as he read the Board’s resolution aloud.
The state Supreme Court ruled on Tuesday that the opening of a state-funded religious school was unconstitutional. Students at St. Isidore would be taught Catholic doctrine and required to attend mass.
None of the board members, nor Archbishop Paul Coakley of Oklahoma City and Bishop David Konderla of Tulsa, spoke to the media after their meeting Friday, instead referring reporters to a statement posted on the school’s website.
The statement informs families interested in St. Isidore that they will need to enroll elsewhere for the 2024-25 school year. More than 200 students have applied to enroll, Catholic leaders said.
“We will continue to fight this decision and the unconstitutional discrimination against educators and faith families and are currently in discussions with the legal department about our next steps to appeal the decision,” the statement said.
Defenders of St. Isidore argue that although charter schools are publicly funded, they are privately owned and therefore are not subject to the same ban on adopting a religion as public schools.
Six of the nine justices dissented. A majority of the justices found that charter schools meet the same legal definitions as public schools and are therefore subject to the same legal and constitutional obligations as public school districts.
“The Legislature created Oklahoma’s charter schools, and Oklahoma law treats them as public schools and government agencies,” Justice James R. Winchester wrote in the majority opinion. “…They are creatures of state law and may operate only under the authority conferred on them by the state through their charters. St. Isidore will act as a proxy for the state and provide free public education, like any other state-supported charter school.”
St. Isidore’s mission is to be a free online school open to students across the state.
The Statewide Virtual Charter School Board approved the school’s application to become a publicly funded charter school last year by a vote of 3 to 2. The small state board, which oversees all virtual charter schools in Oklahoma, then awarded St. Isidore a charter contract to officially establish the school.
The Oklahoma Supreme Court ordered the state to rescind the contract, effectively preventing the school from opening.
“We believe this decision represents an injustice to the many families who simply want the choice to select the education that is best for their own children,” St. Isidore’s statement said. “And we will continue to work as faithful Catholic educators to expand those choices for all Oklahoma families.”
A separate lawsuit filed by a group of local parents, religious leaders and education activists against St. Isidore and the state is proceeding in Oklahoma County District Court.
But in light of the Supreme Court’s decision, both sides in the case agreed Thursday to stay the trial until Feb. 1. According to court documents, St. Isidore promised not to accept state funding or attempt to open in the 2024-25 academic year.
The plaintiffs are represented by several national legal organizations, including Americans United for Separation of Church and State.
Rachel Laser, president and CEO of Americans United, said the lawsuit raises questions not addressed in the state Supreme Court’s ruling, including whether the school discriminates based on religion, sexual orientation, gender identity and disability.
“We think it is very unlikely that the U.S. Supreme Court would review and overturn the Oklahoma Supreme Court’s decision,” Laser said. “But even if it did, we could still prevent St. Isidore from operating as a public charter school and receiving state funding because our case is more comprehensive than the case before the Oklahoma Supreme Court.”
Editor’s note: This story has been updated to add new developments in the Oklahoma County District Court litigation involving St. Isidore.
Reporter Kennedy Thomason contributed to this report.
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