Oklahoma Board Rejects Jewish Charter School Despite Federal Ruling

Welcome to the rollercoaster ride, Statewide Charter School Board Chairperson Brian Shellem said after a 4-3 vote rejected the Ben Gamla Jewish Charter School on Monday at the Oklahoma History Center in Oklahoma City.

Despite a recent federal court ruling ordering officials not to discriminate based on religion, the Oklahoma Statewide Charter School Board voted down the proposed Ben Gamla Jewish Charter School by a 4-3 margin. The outcome left the school one vote short of the five approvals needed to open, oklahomavoice.com reported.

Monday’s closed-door executive session preceded a public vote where no board members explained their reasoning prior to casting ballots. The nine-person board faced the decision with one member absent and another seat vacant.

Influence of Local Jewish Opposition on Vote

Board member William Pearson stated after the meeting that local Jewish community opposition heavily influenced his vote against Ben Gamla. He contrasted the situation with his 2023 vote against St. Isidore of Seville Catholic Virtual School, noting that St. Isidore had substantial parent backing while Ben Gamla lacked local support.

Oklahoma Jewish faith leaders previously criticized the school as an out-of-state initiative lacking local backing and viability. Peter Deutsch, a Florida charter school leader and former U.S. representative who serves as Ben Gamla’s leading founder, acknowledged expecting only 10 students to enroll during the first year.

Board members Marshall Baker and Courtney Anderson, who serves as state Superintendent Lindel Fields’ proxy, also voted against the school and declined subsequent interview requests. Fields’ office did not immediately respond to requests for comment.

Federal Court Ruling and Legal Conflict

U.S. District Judge David L. Russell ruled in September 2026 that denying a charter school solely because of its religious character violates the First Amendment. That federal decision prompted the Statewide Charter School Board to reconsider Ben Gamla’s application.

Shellem voted in favor of the school, describing its application as strong and thorough. However, he warned that the rejection exposes the board to further legal jeopardy.

We have a preliminary injunction that says we can’t discriminate against them based on their religious character. Obviously, I didn’t poll any of the board members. I don’t know why they voted a certain way.

Brian Shellem

Founders Weigh Legal Appeals

Founders planned to open Ben Gamla in August 2027 as an online school offering both secular subjects and Jewish religious education. Brett Farley, a member of the school’s founding board and the Catholic Conference of Oklahoma, called the board’s decision a setback and described the outcome as a little shocking.

We expected after the court decision that they would approve. So, we’re just taking assessment here of this decision and where we’re going to go from here.

Brett Farley

A.J. Ferate, attorney for the Statewide Charter School Board, indicated that founders could pursue further legal action, including potential contempt proceedings against the board for defying the federal judge’s ruling. Farley stated that founders will evaluate options for appeal either through the board or in court.