Court blocks Oklahoma rule excluding faith-based schools from charter program

For Immediate Release: September 24, 2026

WASHINGTON – A federal court today cleared the path for the National Ben Gamla Jewish Charter School Foundation, Inc. to participate in Oklahoma’s charter program, blocking the state from excluding Ben Gamla because of its religious character. In National Ben Gamla Jewish Charter School Foundation, Inc. v. Shellem, Ben Gamla challenged Oklahoma’s policy of denying charter school opportunities to religious applicants while allowing a wide range of other privately operated charter schools to participate.

The court ruled that Oklahoma cannot continue enforcing that exclusion against Ben Gamla while the lawsuit moves forward. Judge David L. Russell wrote that “Because the nonsectarian provision in the Oklahoma Charter Schools Act expressly discriminates against otherwise eligible recipients solely because of their religious character, it violates the Free Exercise Clause of the First Amendment.”

“This is a victory for educational freedom, religious equality, and families in Oklahoma,” said Peter Deutsch, founder of the National Ben Gamla Jewish Charter School Foundation. “The state cannot single out religious schools for exclusion while welcoming everyone else into the charter school program. We’re eager to open wide the doors of educational opportunity in Oklahoma.”

Nearly two decades ago, Peter Deutsch founded the Ben Gamla Charter School Foundation in Florida. Ben Gamla Florida has provided high-quality education to students of all faiths. With four campuses in Florida, they offer an education focused on Hebrew language, culture, and history. In 2025, Peter Deutsch incorporated the National Ben Gamla Jewish Charter School Foundation in Oklahoma and applied for charter authorization with the Oklahoma Statewide Charter School Board to open Ben Gamla Jewish Charter School as an online option for families statewide.

The Oklahoma Charter School Board praised Ben Gamla’s model but rejected its application after concluding that St. Isidore v. Drummond required Oklahoma to shut faith-based schools out of the charter program. Attorney General Gentner Drummond, who led the case against St. Isidore, was later named “Secularist of the Week” by the Freedom From Religion Foundation for his opposition to Ben Gamla and other religious schools. Ben Gamla then asked the court to stop Oklahoma from enforcing that religious exclusion while the case continues.

“Sooner or later, Oklahoma’s discriminatory bar on religious charter schools was destined to fail,” said Daniel Chen, senior counsel at Becket and attorney for the National Ben Gamla Jewish Charter School Foundation. “The Constitution doesn’t permit the state to welcome every kind of charter school except a religious one. Ben Gamla now gets what it should have had from the start: a fair shot to serve Oklahoma families.”

Recent polling indicates broad public support for entities like Ben Gamla. According to Becket’s 2025 Religious Freedom Index, 76% of Americans believe religious organizations that serve the community should be just as eligible to receive government funding as non-religious organizations that provide the same services.

 

Oklahoma and the Intervenors have 30 days to appeal to the Tenth Circuit.

 

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