Oklahoma Attorney General Drummond sues charter board, alleging improper process in Jewish virtual school application denial

Lawsuit targets process after board rejected Ben Gamla proposal

Oklahoma Attorney General Gentner Drummond has filed suit against the Oklahoma Statewide Charter School Board, escalating a dispute over how the board handled an application to establish a Jewish virtual charter school. The filing comes after the board voted in February to reject the application associated with the Ben Gamla Jewish Charter School Foundation, citing binding court precedent that bars religious public charter schools in Oklahoma.

The case is unfolding against the backdrop of Oklahoma’s recent and closely watched litigation over religious charter schools. In 2023, state officials approved a proposed Catholic virtual charter school contract. In 2024, the Oklahoma Supreme Court invalidated that approval. In 2025, the U.S. Supreme Court effectively left the Oklahoma Supreme Court ruling in place after a 4–4 split, ending that attempt without resolving the broader national constitutional questions.

What the board did, and what Drummond is challenging

The statewide charter board rejected the Ben Gamla application during a regular meeting on Feb. 9, 2026, describing the Oklahoma Supreme Court’s 2024 decision as controlling authority. Public discussion around the application also raised non-constitutional issues, including questions about compliance with Oklahoma’s Open Meeting Act and whether certain board members linked to the application met state residency requirements.

Drummond’s lawsuit focuses on how the statewide board carried out its duties in evaluating the application and reaching its decision. The central issue is not whether Oklahoma currently permits a religious charter school—state precedent has been treated as prohibitive—but whether the board’s handling of the application complied with governing procedures and obligations for a state entity making an authorization decision.

Board signals continued legal fight while denying the application

Even as it rejected the Jewish charter proposal, the statewide board has taken steps anticipating further court battles over religious charter schools. In March, the board again rejected a resubmitted Ben Gamla application, while also voting to secure outside legal representation in expectation of additional litigation. Board members publicly discussed the likelihood of being sued, reflecting expectations that the dispute could return to federal court.

Key questions likely to shape the litigation

• Whether the statewide board followed Oklahoma law and internal requirements in processing and voting on the application.
• How state constitutional limits, Oklahoma’s charter framework, and federal religion-clause doctrine intersect after the 2025 U.S. Supreme Court deadlock.
• Whether any procedural defects in handling the application could affect future actions by the board, even when the substantive legal landscape remains unchanged.

The lawsuit adds a new procedural front to Oklahoma’s continuing legal struggle over whether any religious organization can operate a taxpayer-funded charter school within the state’s public education system.

The litigation is expected to clarify not only what the statewide charter board may decide under current precedent, but also how it must document, deliberate, and execute decisions when applications raise constitutional issues with statewide consequences.