Board to hire legal counsel ahead of expected fight over Oklahoma religious public charter school

Just two weeks after approving what would be the nation’s first religious public charter school, the Statewide Virtual Charter School Board voted Monday to hire legal counsel for impending court battles.

The 4-1 decision means the board will start looking for legal counsel to handle cases involving St. Isidore of Seville Catholic Virtual School, which the board previously approved in a landmark vote. 

In his motion for the vote Monday, board member Scott Strawn told colleagues it was for what is expected to be “active litigation against the board in this matter."

On June 5, the board voted to approve what would be the country’s first taxpayer-funded religious school, amid threats of lawsuits and growing national interest.

The Archdiocese of Oklahoma City intends to open St. Isidore of Seville Catholic Virtual School in 2024, serving students K-12 in all parts of the state. 

It would be free for all students and funded by the state of Oklahoma.

The decision sparked ongoing debate about whether it is legal for a publicly funded school to be religious. 

Catholic officials contend a charter school isn’t necessarily public at all. 

The matter is still undecided by the U.S. Supreme Court. If the court defines charter schools as private, it could open the door to state-funded religious teaching.

Oklahoma law has long defined charter schools as public schools, specifically because they chiefly rely on funding from the state Legislature.

Still, Catholic officials argue that charter schools, as private schools, should be free to embrace religious doctrine. 

They also point to private schools receiving some public money, as Oklahoma allows with some programs. 

The National Alliance for Public Charter Schools disagreed with that stance.

“All charter schools are public schools, and as such must be non-sectarian,” the organization said in a statement following the vote on St. Isidore. “Charter schools were conceived as, and have always been, innovative public schools that provide an alternative for families who want a public school option other than the one dictated by their ZIP code.”

Attorney General Gentner Drummond acknowledged the law is “currently unsettled” on whether charter schools are state actors or private actors. On Monday, the board also voted to approve a hiring process for legal counsel to handle general matters with St. Isidore.

Staff writer Nuria Martinez-Keel contributed to this report.