Monday, May 20, 2024

Oklahoma AG Finds No Legal Justification for State-Sponsored Catholic Charter School

The state’s legal professional normal withdrew a prior opinion that opened the door for non secular constitution faculties and is urging a state board to “use caution” in taking into account a Catholic college software. 

Charter faculties are public faculties which can be privately controlled and, below state legislation, are required to be non-sectarian, that means no longer affiliated with a specific faith. The software into account used to be made through the Archdiocese of Oklahoma City and the Diocese of Tulsa for the St. Isidore of Seville Catholic Virtual Charter School, a web based college that might train curriculum like within the Catholic college device, together with non secular parts.

It will be the first publicly-funded, non secular constitution college and is being watched as a countrywide take a look at case. 

Catholic leaders introduced the varsity proposal to the Statewide Virtual Charter School Board remaining week. They have till past due April to approve or deny the appliance. 

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Former legal professional normal John O’Connor’s Dec. 1 opinion mentioned the appliance will have to continue and recommended the board to omit state and federal bans on non secular constitution faculties in gentle of latest U.S. Supreme Court choices.

But Attorney General Gentner Drummond, in a letter to Statewide Virtual Charter School Board Executive Director Rebecca Wilkinson, mentioned O’Connor’s opinion “misuses the concept of religious liberty by employing it as a means to justify state-funded religion.” 

The Supreme Court circumstances cited through O’Connor contain non-public faculties, no longer constitution faculties, and the legislation is lately unsettled on whether or not constitution faculties are thought to be “state actors,” Drummond wrote. The Supreme Court might rule at the factor in its subsequent time period. 

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Drummond mentioned till then, his workplace isn’t at ease advising the board to violate the state charter’s provision to determine and handle a device of public faculties which can be “free from sectarian control” or the Legislature’s directive within the Oklahoma Charter School Act. 

O’Connor’s opinion did not anything to advance non secular liberty, Drummond wrote, and approval of the appliance would create a “slippery slope.” 

“While many Oklahomans undoubtedly support charter schools sponsored by various Christian faiths, the precedent created by approval…will compel approval of similar applications by all faiths,” Drummond wrote. “I doubt most Oklahomans would want their tax dollars to fund a religious school whose tenets are diametrically opposed to their own faith.”

Drummond additionally famous that Wilkinson’s request for an legal professional normal opinion will have to had been first licensed through the company’s governing board, however wasn’t.

Jennifer Palmer has been a reporter with Oklahoma Watch since 2016 and covers schooling. Contact her at (405) 761-0093 or [email protected]. Follow her on Twitter @jpalmerOKC.

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