United States Supreme Court Case - Oklahoma Statewide Charter School Board v. Drummond

In June 2023, the Oklahoma Statewide Virtual Charter School Board approved an application from the Archdiocese of Oklahoma City and the Diocese of Tulsa to operate the St. Isidore of Seville Catholic Virtual School as a charter school. However, Attorney General Gentner Drummond filed a lawsuit challenging the Board’s approval of St. Isidore, arguing the Board violated the “nonsectarian” requirement in the Oklahoma Charter Schools Act. Specifically, this provision states that “[a] charter school shall be nonsectarian in its programs , commission policies, employment practices, and all other operations. And, that “[a] sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or religious institutions.”

Now, Plaxico Law and Alliance Defending Freedom are defending the Board and protecting constitutional rights.

The Oklahoma Charter Schools Act’s language violates the First Amendment. The Free Exercise Clause requires that religious entities have the same ability to operate charter schools as non-religious entities. The Board correctly concluded that enforcing the “nonsectarian” requirement for charter schools would be unconstitutional. However, the Oklahoma Supreme Court ruled that the Board’s contract with St. Isidore “violates state and federal law.”

In January 2025, the United States Supreme Court announced that it would hear the case. Oral arguments are scheduled for April 30, 2025. We will keep you posted.

St. Isidore is a charter school that will be open to all students, including students of “different faiths or no faith.”