OKPLAC v. Statewide Virtual Charter School Board

Last modified 2023.07.31

  • Status Ongoing
  • Type Counsel
  • Court State Court
  • Issues Discrimination in Name of Religion, Government-Supported Religion, LGBTQ Rights, Religious Discrimination in Schools, Schools and Learning, Taxpayer Funding of Religion, Teaching Religion in Public Schools, Trans Rights

Case Documents

America’s public schools are required to welcome and serve all students, regardless of a student’s background, beliefs, or abilities. Yet, on June 5, 2023, Oklahoma’s Statewide Virtual Charter School Board voted to approve the nation’s first religious public charter school, despite clear evidence that the school plans to teach a religious curriculum and discriminate against students, families, and employees who do not follow the school’s religious doctrines. Americans United, along with the American Civil Liberties Union, Education Law Center, and Freedom from Religion Foundation, represents Oklahoma parents, faith leaders, and public-school advocates challenging the school’s approval as a blatant violation of the separation of church and state guaranteed by Oklahoma’s constitution, laws, and regulations.

St. Isidore of Seville Catholic Virtual School stated in its application to the Statewide Virtual Charter School Board that it plans to operate “as a Catholic School” that “participates in the evangelizing mission of the Church.” This “Catholic perspective permeates all subjects” St. Isidore plans to teach, including required theology classes. St. Isidore also plans to discriminate in student admissions, student discipline, and employment on the basis of religion, sexual orientation, gender identity, pregnancy outside of marriage, and sexual activity outside or marriage. Additionally, St. Isidore asserts a right to discriminate against students based on disability and has failed to demonstrate that it will adequately serve students with disabilities.

St. Isidore is sponsored and controlled by the Archdiocese of Oklahoma City and the Diocese of Tulsa. Though these dioceses already operate dozens of private Catholic schools, they now seek to establish St. Isidore as a public charter school to discriminate and evangelize with the authority of the state using public tax dollars. This violates numerous provisions of the Oklahoma Constitution, the Oklahoma Charter Schools Act, and the Statewide Virtual Charter School Board’s own regulations, all of which require public schools to be open to all students and prohibit the state from sponsoring religious schooling. Throughout St. Isidore’s application process, Americans United provided detailed legal analysis via letters, memos, and in-person testimony explaining why the board should reject the application.

In approving St. Isidore, the Statewide Virtual Charter School Board abrogated its duty to uphold Oklahoma’s constitution, laws, and regulations. That’s why, on July 31, 2023, Americans United and our partners filed a lawsuit in Oklahoma State District Court on behalf of the Oklahoma Parent Legislative Action Committee (OKPLAC) and nine parents, faith leaders, and public-school advocates who care deeply about the separation of church and state. We requested that the court prohibit the Board from sponsoring or contracting with St. Isidore and prohibit the State from giving any funding to St. Isidore.


We’re suing to stop Christian Nationalists from creating religious public charter schools

Okla. is violating the separation of church and state by creating the nation’s 1st religious charter school. If we don’t stop them, religious public schools like this could appear in states around the country. Join the fight:

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