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- calendar_today October 19, 2026
Statewide Charter School Board Rejects Ben Gamla Application
On October 12, 2026, the Oklahoma Statewide Charter School Board narrowly rejected the application for the Ben Gamla Jewish online charter school. The board's 4-3 vote in favor of the school was not enough to meet the required five votes needed for approval, leaving Ben Gamla’s future uncertain after a second unsuccessful attempt.
Potential Test Case for Publicly Funded Religious Education Fails
Supporters of Ben Gamla, which aimed to teach Judaism alongside traditional academic subjects, had positioned the charter school as a potential test case for publicly funded religious education. Proponents hoped to challenge existing statutes before the U.S. Supreme Court. However, Monday night's vote closed the door on this opportunity, at least for the time being.
Legal and Statutory Context Around Religious Charter Schools
The Ben Gamla school’s charter application reignited debate over the state’s nonsectarian statute for charter schools. Charter schools in Oklahoma, though publicly funded, must comply with laws requiring them to be nonsectarian. Previous legal battles in the state included issues surrounding a proposed Catholic charter school, St. Isidore of Seville, which was ruled unconstitutional by the Oklahoma Supreme Court. In 2025, a U.S. Supreme Court deadlock allowed that state-level ruling to stand.
Yet a recent federal court order had upended the nonsectarian provision, blocking the state from excluding a charter school solely because of its religious nature. In response, the charter board reconsidered Ben Gamla’s application during their October meeting. Despite this legal context, the board ultimately rejected the school.
Concerns Over Community Support and School Viability
Opposition to the Ben Gamla school extended beyond legal arguments. Critics, including national legal organizations such as Americans United for Separation of Church and State, the ACLU, Education Law Center, the Freedom From Religion Foundation, and Oklahoma Appleseed, cited a lack of community support and questions regarding the school’s viability. In communication with a Tulsa rabbi, Ben Gamla founder Peter Deutsch revealed a first-year enrollment goal of just 10 students, far below the 400-student target listed in the application. These groups raised concerns that such low projected enrollment indicates the school may not be financially or operationally sustainable.
The Jewish Federations in Oklahoma City and Tulsa also opposed the Ben Gamla proposal, noting that fewer than 9,000 Oklahoma residents identify as Jewish—approximately 0.21% of the state's population.
Board Process and Next Steps for Ben Gamla
Chairman Brian Shellem, who presided over the board, remarked on the situation's complexity after the vote: “Welcome to the roller-coaster ride. Unfortunately, that’s where we stand.” The board spent time in executive session with legal counsel before making their decision and did not debate the application in public following their return.
The final 4-3 tally fell short in part because one member was absent and another seat remains vacant. Shellem and the board’s attorney, A.J. Ferate, warned that rejecting Ben Gamla’s application could risk contempt of court based on the recent federal judge's order. Nevertheless, the board moved forward with denial, citing permissible grounds such as insufficient community support.
The board indicated that Ben Gamla may submit a revised application in the future if its organizers choose to address the cited concerns and restart the approval process.
Background on Ben Gamla and Broader Implications
Peter Deutsch, Ben Gamla’s founder and a former Democratic congressman, has established several brick-and-mortar charter schools under the Ben Gamla name in Florida, which focus on Hebrew language instruction but do not include religious education in order to meet Florida law.
Deutsch signaled in an email that Oklahoma’s Ben Gamla project was part of a broader goal to grow free Jewish charter schools across the country: “We envision that the vast majority of these future schools will be traditional brick-and-mortar schools, providing both an outstanding secular education and a serious Jewish education, without charging tuition.” The Ben Gamla school was planned to open in September 2027 if approved.
Legal Actions and Ongoing Challenges
The charter school application process has faced additional scrutiny through litigation. Oklahoma Attorney General Gentner Drummond is also suing Ben Gamla, arguing that the board focused narrowly on religious aspects and overlooked flaws in the application itself. As of now, Ben Gamla’s fate remains unsettled, pending possible further legal and administrative action.
Source: oklahomawatch.org.
