By Fox23.com News Staff
OKLAHOMA CITY — The Oklahoma Statewide Charter School Board (SCSB) unanimously rejected an application submitted by the Ben Gamla Jewish Charter School Foundation.
The application was first submitted in January 2026.
According to the SCSB, they made their decision to reject the proposal based on the legal precedent established by the Oklahoma Supreme Court in 2024 when it ruled a religious charter school using state funds for its operation would be illegal under the state’s Constitution in reference to the application made by the St. Isidore of Seville Virtual Catholic Charter School.
“I believe the Board was placed in a difficult position,” stated SCSB Chairman Brian Shellem. “While we value innovation, parental choice and high-quality educational opportunities for families, we are unfortunately bound by the Oklahoma Supreme Court ruling from 2024, even if we disagree with it.”
Previously, following the Oklahoma Supreme Court’s decision to reject St. Isidore’s application, the SCSB appealed the decision to the U.S. Supreme Court.
On May 22, 2025, the U.S. Supreme Court issued a 4-4 split decision in the case. Justice Amy Coney Barrett recused herself due to personal ties to the school.
The split decision caused the case to default back to the decision made by the Oklahoma Supreme Court, meaning St. Isidore’s application remained rejected.
Shellem said he welcomes any further action that may be taken by the Legislature, Ben Gamla or other interested groups that would cause the case to come before the U.S. Supreme Court.
According to Shellem, the lack of judicial consensus in the St. Isidore case highlights a need for legal clarity and precedent in the matter of religious charter schools.
Shellem said, “Merit should be the deciding factor if a charter is awarded to an applicant. Families deserve more high-quality, publicly funded schools from which to choose and our nation’s collective future depends on improving its education system. Alienating proven, successful partners runs contrary to us achieving that goal, which is why this deserves resolution at the highest level with the U.S. Supreme Court.”
