OKLAHOMA CITY, Okla. — Enrollment for the nation’s first religious charter school is underway for the fall 2024-2025 school year despite a lawsuit pending that could pause the entire operation.

Last year, the Oklahoma State Virtual Charter School Board approved in a controversial vote the creation of Saint Isidore of Seville Online Catholic Charter School. It would be the first-ever religious charter school in the U.S. to use taxpayer dollars, specifically Oklahoma public funds.

“The kids that we’re really targeting are kids in rural areas and kids in the special needs category who have far fewer options than the run-of-the-mill student in the metro area,” said Brett Farley with the Catholic Conference of Oklahoma.

Farley said 500 spots are open for all families of all faiths for grades K-12. They are first come, first serve as long as the families signing up their children understand they are enrolling in a Catholic-centered educational program. Enrollees must have their own laptop to connect to the school. The school’s teachings will be very similar to what is offered now at Bishop Kelley in Tulsa and Bishop McGuiness in Oklahoma City. Though the school is trying to target rural families, Farley said it’s open to any family who could use their services.

“One of our first families to enroll is a family of five who travel around on the rodeo circuit, and this virtual way of learning works really well for them,” Farley said.

Farley said there are requirements when it comes to attendance of mass and other in-person lessons in which a student will have to go to a physical Catholic Church for instruction at times, but everything else can be taught on a laptop.

“There is strict Catholic doctrine on virtual mass, and so sometimes there will need to be required in-person attendance for some things,” he said.

Because it is a charter school structure, enrollment does not come with tuition or fees. It will be paid for through state funds.

Farley said parents need to consider what is right for them while the school is facing a legal challenge over its founding.

“Please do not double enroll. That is illegal,” he told FOX23.

Farley said the church is confident it will win at the Oklahoma State Supreme Court.

Last June, the Oklahoma Virtual Charter School Board approved of the state entering into a contract with the Diocese of Tulsa and Oklahoma City who were working together to create the school. Upon signing of the contract, Oklahoma Attorney General Gentner Drummond (R) sued to stop the school saying it violated a provision in the State Constitution that says public funds cannot be used for sectarian purposes.

“Oklahomans are being compelled to fund Catholicism,” Drummond said in a previously released statement. “We have now, as a state, violated the U.S. Constitution, Oklahoma Constitution, Oklahoma statuary law and breached our contract with the Federal Department of Education.”

The case is set for oral arguments on April 2, but it’s unknown when the justices could rule on the future of the school.

Farley said enrollment is proceeding as usual.

“That’s the difficulty with this lawsuit. It’s really throwing a wrench in the system in the launch of a school and the educational services we intend to provide for the kids who need it,” he said.

Some opponents of the school said taxpayers are being forced to fund an institution that teaches children, that their lifestyles are sinful and possibly leads them to eternal damnation.

“Diverting scare public education resources to a religious school that can and will discriminate against children, families and staff is not religious freedom,” said Reverend Doctor Lori Walke at a news conference last year when a lawsuit to stop the school was filed.

Farley said the student population is not all Catholic and pointed to the student populations at Bishop Kelley and Bishop McGuiness as an example that the school is open to all. He said everyone can attend as long as they understand the curriculum is based on Catholic teachings.

“Folks who think our student population is 100 percent Catholic, it’s just not what we’re seeing right now in schools like Bishop Kelley,” he said.