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An Oklahoma school board on Monday approved what would be the nation's first taxpayer-funded religious school despite concerns over the decision’s constitutionality from state officials and advocacy groups.
The Oklahoma Statewide Virtual Charter School Board, which oversees all virtual charter schools in the state, voted 3-2 in favor of the Catholic Archdiocese of Oklahoma establishing St. Isidore of Seville Catholic Virtual School. The online public charter school would open in 2024, serving students in kindergarten through grade 12 across the state.
Oklahoma Attorney General Gentner Drummond had warned the board that the decision was unconstitutional.
"The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers," Drummond said in a statement shortly after the board’s vote. "It’s extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars. In doing so, these members have exposed themselves and the state to potential legal action that could be costly."
Archdiocese officials have been unequivocal that the school will promote the Catholic faith and operate according to church doctrine, including its views on sexual orientation and gender identity, raising questions of whether St. Isidore of Seville would abide by all federal non-discrimination requirements.
Despite Drummond’s opposition, the concept of a religious charter school has gained support from other Republican leaders in Oklahoma, including Republican Gov. Kevin Stitt.
"This is a win for religious liberty and education freedom in our great state, and I am encouraged by these efforts to give parents more options when it comes to their child’s education," Stitt said in a statement.
Approval could create 'slippery slope'
In April, the board rejected an application to create St. Isidore of Seville over concerns with the school's governance structure, its plan for special education students, and its ability to keep private and public funds separate. The archdiocese adjusted and resubmitted the application, prompting Monday's vote.
The board approved the school despite a state law requiring public schools to be free of control from any religious sect. Advocates for St. Isidore of Seville say recent Supreme Court rulings state a private entity can't be excluded from public programs, including a state's education system, on religious grounds.
Drummond warned the school would create a "slippery slope" toward state-funded religion. Drummond withdrew an opinion from his predecessor, John O’Connor, who in his final month in office said recent U.S. Supreme Court rulings compelled the state to accept religiously affiliated public charter schools.
O'Connor cited cases that had "little precedential value" to charter school law, Drummond said.
Despite Drummond’s opposition, the concept of a religious charter school has gained support from other Republican leaders in the state, including Oklahoma Gov. Kevin Stitt and state schools Superintendent Ryan Walters.
Potential legal fight as groups denounce move
The vote kicks off a potential test case for the Supreme Court on the issue of religious public schools.
Church officials are committed to a yearslong legal effort, said Brett Farley, executive director of the Catholic Conference of Oklahoma, which represents both the Archdiocese of Oklahoma City and the Diocese of Tulsa.
"No matter what happens here, our intention is to see this through," Farley said at a previous board meeting. "We're prepared for that long road. This is a major priority to us."
Americans United for Separation of Church and State criticized the board’s approval Monday.
The advocacy group’s president and CEO Rachel Laser said in a statement that the decision violates the religious freedom of Oklahoma taxpayers and public school communities. Laser said the group will work with state and national partners to pursue possible legal action against the decision.
"State and federal law are clear: Charter schools are public schools that must be secular and open to all students," Laser told USA TODAY in a statement. "No public-school family should fear that their child will be required by charter schools to take theology classes or be expelled for failing to conform to religious doctrines."
Contributing: The Associated Press
Reporter Nuria Martinez-Keel covers K-12 and higher education throughout the state of Oklahoma. Have a story idea for Nuria? She can be reached at nmartinez-keel@oklahoman.com or on Twitter at @NuriaMKeel. Support Nuria’s work and that of other Oklahoman journalists by purchasing a digital subscription today at subscribe.oklahoman.com.
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