Oklahoma Board Denies Proposal for Jewish Charter School, Bracing for Legal Battle

The decision blocks an application from the National Ben Gamla Jewish Charter School Foundation to open a statewide virtual Jewish school, prompting a lawsuit threat from the group's lawyers.

Published on Feb. 11, 2026

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The Oklahoma Statewide Charter School Board unanimously rejected a proposal from the National Ben Gamla Jewish Charter School Foundation to open a statewide virtual Jewish school serving grades K-12 beginning next school year. The board's decision cites a previous state Supreme Court ruling that overturned the approval of a similar Christian virtual school on constitutional grounds. Ben Gamla's legal team, led by the Becket law firm, has announced plans to file a federal lawsuit, arguing the rejection violates the Free Exercise clause.

Why it matters

A victory for Ben Gamla could establish the first publicly funded religious charter school of its kind nationwide, potentially opening the door for taxpayer-funded religious schools across the country. The case highlights the ongoing debate over the separation of church and state in education.

The details

The Ben Gamla proposal called for a blend of daily Jewish religious studies alongside secular coursework. The group's founder, former Florida Democratic Rep. Peter Deutsch, has said he chose Oklahoma as a testing ground for what he views as a viable model of publicly funded religious education. Several board members cited the previous state Supreme Court ruling in explaining their votes against Ben Gamla, noting they were "bound" by the decision.

  • The Oklahoma Statewide Charter School Board rejected the Ben Gamla proposal on February 9, 2026.
  • In 2023, the board approved a similar application by a Christian group to establish St. Isidore of Seville Catholic Virtual School, but the decision was ultimately overturned by the Oklahoma Supreme Court on constitutional grounds.

The players

National Ben Gamla Jewish Charter School Foundation

A Jewish group that applied to open a statewide virtual Jewish school serving grades K-12 in Oklahoma.

Becket

A prominent nonprofit religious liberty law firm representing the National Ben Gamla Jewish Charter School Foundation.

Gentner Drummond

The Oklahoma Attorney General, who has argued that publicly funded religious charter schools are unconstitutional.

Peter Deutsch

The former Florida Democratic Representative who spearheaded the Ben Gamla proposal and has said he chose Oklahoma as a testing ground for publicly funded religious education.

Oklahoma Statewide Charter School Board

The board that unanimously rejected the Ben Gamla proposal, citing a previous state Supreme Court ruling that overturned the approval of a similar Christian virtual school.

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What they’re saying

“Attorney General Drummond's attack on religious schools contradicts the Constitution. His actions have hung a no-religious-need-apply sign on the state's charter school program. We'll soon ask a federal court to protect Ben Gamla's freedom to serve Sooner families, a right that every other qualified charter school enjoys.”

— Eric Baxter, Becket attorney

“Parents across the Sooner State deserve more high-quality options for their children's education, not fewer. Yet Attorney General Drummond is robbing them of more choices by cutting schools like Ben Gamla out. We're confident this exclusionary rule won't stand for long.”

— Peter Deutsch

“My real concern is that I don't see a grassroots effort from the Jewish community in the state of Oklahoma. Now maybe I'm wrong, but I haven't seen it. What I have seen is the synagogues, both from Oklahoma City and Tulsa, come out in opposition to this, and I find that very interesting, that the Jewish community, the people that are involved daily in Jewish lifestyle, that they're opposed to this.”

— William Pearson, Board member

What’s next

The National Ben Gamla Jewish Charter School Foundation's legal team, led by Becket, has announced plans to file a federal lawsuit challenging the Oklahoma Statewide Charter School Board's decision.

The takeaway

This case highlights the ongoing debate over the separation of church and state in education, with the potential to establish the first publicly funded religious charter school of its kind nationwide and open the door for taxpayer-funded religious schools across the country. The opposition from local Jewish leaders in Oklahoma also underscores the complexities involved in such initiatives.