Application Approved for Religious Virtual Charter School

theThe Archdiocese of Oklahoma City is on the path to opening the nation’s first religious virtual charter school in the fall of 2024.

"We're overjoyed that we, we were approved. It's been a long and arduous process. So, it culminates a, you know, a lot, a lot of work and it's, you know, rewarding to see that the board actually agreed with what we were trying to do and what we're trying to say,” says Brett Farley, Executive Director of the Oklahoma Catholic Conference 

The Archdiocese's original application was turned down. Farley says it's typical to be asked to make revisions on these types of applications.

“The most substantive changes that we made were just to really dive deeper into the special education component. What does that look like in terms of curriculum and development of the individual student? What are the technology components look like given that this is going to be a virtual charter school,” says Farley. 

In November of 2021, Archbishop Paul Coakley sent a letter to the Oklahoma Statewide Virtual Charter School Board notifying them that the Archdiocese intended to apply for authorization to form a virtual charter school. 

The virtual charter school then requested an official opinion from former Attorney General John O’Connor who advised that the Oklahoma charter school act likely violated first amendment rights.

But in February Attorney General Gentner Drummond withdrew that opinion.

“I withdrew that and then sent an instructive letter to the Statewide Virtual Charter School Board to say the establishment clause in the United States Constitution and in the Oklahoma Constitution prohibits the state funding religious schools with tax dollars,” says AG Drummond.

"Taxpayer dollars are already going to religious institutions. We're just talking about extending it to another sphere, very similar to what we're already doing,” says Farley.

"That's exactly what Thomas Jefferson was worried about when he wrote the Virginia Statute for Religious Freedom, which is the forerunner to our first amendment. And he said it's sinful and tyrannical to force taxpayers to fund a religion that isn't theirs. And that's what Oklahoma is now requiring,” says Rachel Lasser, President and CEO of Americans United for Separation of Church and State

Lasser says the separation of church and state helps protect religious freedoms for all.

“That there are two dynamics that church-state separation protects. One is the religious freedom of all taxpayers. That's super important. But the other is religion. It protects religion from government interference because when the government funds religion, it comes with strings attached,” says Lasser.

We asked the State Department of Education for more information on how charter schools are funded to determine how much a religious charter school might cost taxpayers, but we never received an answer.

According to the Statewide Virtual Charter School Board website virtual charter schools sponsored by the Statewide Virtual Charter School Board are public schools and funded through the Oklahoma State Department of Education based on student enrollment.

Once the charter school contract is signed lawsuits are expected to follow.

"In our contract with charter schools, you are prohibited from teaching religion and from discriminating. But yet the St. Isadora application is, we're going to teach, we're gonna be fully catholic, we reserve the right to discriminate against anybody. Now the state has said, okay, that's great. Take our tax dollars,” says AG Drummond.

"The next step statutorily is we actually have to have a contract with, with the board. So next month we'll go in and negotiate that contract, and then if and when that contract is approved, then we'll move on to the preparation process," says Farley.

Lasser says Americans United for Separation of Church and State is planning to file a lawsuit as well.

“Americans United for Separation of Church and State is preparing litigation as we speak with some of our national partners, and we are waiting to see what happens. As you know, there have been some shenanigans around the replacement of one of the virtual charter board members before it was time,” says Lasser.

Lasser is referring to the last-minute replacement of long-serving board member Barry Beauchamp. He was replaced with Brian Bobek who served on the state board of education.  

At last Monday’s meeting, Board Chairman Robert Franklin asked Bobek to refrain from voting

“It’s noteworthy that today’s vote is being scrutinized by stakeholders and taxpayers throughout the state as well as from interested onlookers throughout the country in an effort to maintain the transparency of today’s weighting board vote and effort to avoid the perception and appearance of political manipulation related specifically to this vote, I respectfully asked that Friday’s newly appointed board member Mr. Bobek abstain from today’s vote," says Franklin.

Bobek's was the deciding vote in a 3-2 decision to grant authorization for the school.

“That should render the vote to be improper and illegal. So, we're waiting to see how that resolves,” says Lasser.

The Archdiocese will continue working toward its goal of classes starting in 2024.

"Well, the actual logistics, online logistics is part of what we'll have to work out. You know, what does the website look like, how do you submit an application, all of that? But in terms of admissions, we're gonna be open to everybody. So, it'll be a first come, first serve situation, just like it is with all of our existing Catholic schools. So, we expect that there will be a line, there are a lot of folks we've seen, in fact, folks inquiring already about the school. We're not even open yet. We've got folks inquiring, you know, when are you gonna open? Can we get in?” says Farley.

Farley says they fully anticipate the challenge of lawsuits but they feel confident going forward.