OKPLAC v. Statewide Virtual Charter Board (Okla. City Cnty.)
For over a century, the Archdiocese of Oklahoma City and the Diocese of Tulsa have operated schools that provide an authentically Catholic education, forming students to be engaged, productive, and conscientious members of their community. Today, these educators have embarked on an innovative effort to extend this rich tradition throughout the state by opening a virtual charter school, especially to serve rural areas and underserved communities and families.
St. Isidore of Seville Catholic Virtual School is due to open in the Fall of 2024 and will provide a much-needed opportunity for many Oklahoma children who lack robust educational choices or find traditional schooling difficult due to learning differences.
On July 31, 2023, a lawsuit was filed on behalf of the Oklahoma Parent Legislative Action Committee (OKPLAC) and other individuals by the Freedom From Religion Foundation, among others, seeking to prevent St. Isidore from opening. On January 31, 2024, the plaintiffs filed an Amended and Supplemental Petition.
Notre Dame Law School’s Religious Liberty Clinic assisted in the school’s application process and now defends the school in the lawsuit alongside attorneys from Dechert LLP and Perri Dunn PLLC. On March 25, St. Isidore filed its second motion to dismiss the lawsuit, arguing that the First Amendment prohibits the State of Oklahoma from “enforc[ing] the kind of religious discrimination” that the plaintiffs seek to impose against St. Isidore. The court is expected to hear argument on St. Isidore's motion in June.
Case Documents
- Plaintiffs' Consolidated Opposition to Defendants' Motions to Dismiss First Amended and Supplemental Petition (District Court of Oklahoma County, State of Oklahoma) (April 26, 2024)
- Defendants Oklahoma State Department of Education, State Superintendent of Public Instruction Ryan Walters, Oklahoma State Board of Education, and Members of the Oklahoma State Board of Education's Motion to Dismiss (District Court for Oklahoma County, State of Oklahoma) (March 25, 2024)
- Defendant St. Isidore of Seville Catholic Virtual School's Motion to Dismiss (District Court for Oklahoma County, State of Oklahoma) (March 25, 2024)
- Board Defendants' Motion to Dismiss Plaintiffs' First Amended and Supplemental Petition for Lack of Subject-Matter Jurisdiction and Failure to State Claim (District Court for Oklahoma County, State of Oklahoma) (March 25, 2024)
- Plaintiffs' First Amended and Supplemental Petition (District Court of Oklahoma County, State of Oklahoma) (Jan. 31, 2024)
- Order Granting Plaintiffs' Motion to Disqualify Judge (District Court of Oklahoma County, State of Oklahoma) (Jan. 19, 2024)
- Defendants' Consolidated Opposition to Plaintiffs' Motion to Disqualify Judge (District Court for Oklahoma County, State of Oklahoma) (Dec. 19, 2023)
- Defendant Oklahoma State Department of Education and Defendant State Superintendent of Public Instruction Ryan Walters Reply in Support of Motion to Dismiss (District Court of Oklahoma County, State of Oklahoma) (Dec. 7, 2023)
- The Board Defendants' Reply in Support of Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim (District Court for Oklahoma County, State of Oklahoma) (Dec. 7, 2023)
- Defendant St. Isidore of Seville Catholic Virtual School's Reply Brief in Support of Motion to Dismiss (District Court for Oklahoma County, State of Oklahoma) (Dec. 7, 2023)
- Plaintiffs' Motion to Disqualify Judge (District Court for Oklahoma County, State of Oklahoma) (Dec. 1, 2023)
- Plaintiffs' Consolidated Opposition to Defendants' Motions to Dismiss (District Court for Oklahoma County, State of Oklahoma) (Oct. 23, 2023)
- Defendant Oklahoma Department of Education and Defendant State Superintendent of Public Instruction Ryan Walters' Motion to Dismiss (District Court for Oklahoma County, State of Oklahoma) (Sept. 20, 2023)
- The Board Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim (District Court for Oklahoma County, State of Oklahoma) (Sept. 20, 2023)
- Defendant St. Isidore of Seville Catholic Virtual School's Motion to Dismiss (District Court for Oklahoma County, State of Oklahoma) (Sept. 20, 2023)
- Original Petition (District Court for Oklahoma County, State of Oklahoma) (July 31, 2023)
Press Releases
- "Catholic educators stand against religious discrimination before the Oklahoma Supreme Court" published by Notre Dame Law School (Nov. 7, 2023)
- "Notre Dame Religious Liberty Clinic defends Catholic charter school’s mission to expand educational options for underserved children" published by Notre Dame Law School (Sept. 22, 2023)
- "Notre Dame Law School Religious Liberty Clinic supports Catholic dioceses’ efforts to operate the first faith-based charter school in the U.S." by Anna Bradley, published by Notre Dame Law School (Feb. 14, 2023)
Commentary and Other Media Coverage
- "Can a Charter School Be a Religious School?" by Bruno V. Manno, published by RealClearEducation (May 3, 2024)
- "Oklahoma Supreme Court hears case over publicly funded Catholic charter school" by OSV News, published by The Leaven (April 3, 2024)
- "Oklahoma Supreme Court hears case over publicly funded Catholic charter school" by Kate Scanlon, published by Catholic Review (April 3, 2024)
- "Oklahoma Supreme Court hears case over publicly funded Catholic charter school" by Kate Scanlon, published by Detroit Catholic (April 3, 2024)
- "Oklahoma Supreme Court Weighs ‘Test Case’ Over the Nation’s First Religious Charter School" by Mark Walsh, published by EdWeek (April 2, 2024)
- "Oklahoma Supreme Court Considers Arguments Over Catholic Charter School" by Jennifer Palmer, published by Oklahoma Watch (April 2, 2024)
- "Okla. Supreme Court considers nation's first religious charter school" by Laura Meckler, published by The Washington Post (April 2, 2024)
- "Catholic Educators Fight Against Faith-Based Discrimination in Court" by Madalaine Elhabbal, published by Catholic Vote (Nov. 9, 2023)
- "Oklahoma’s Pluralism Problem" by Professor Nicole Garnett, published by City Journal (Oct. 26, 2023)
- "Notre Dame Law’s Religious Liberty Clinic helps found first religious charter school in Oklahoma" by Liam Kelly, published by The Observer (Sept. 7, 2023)
- "Religious charter schools Are OK in Oklahoma" by Professor Nicole Garnett, published by The Wall Street Journal (June 15, 2023)
- "Oklahoma bishops: Planned Catholic school to provide new options for underserved students" by The Most Rev. Paul S. Coakley and The Most Rev. David A. Konderla, published by The Oklahoman (June 7, 2023)
- "Oklahoma dioceses hoping for green light on first U.S. religious charter school" by Carol Zimmermann, published by The Tablet (March 23, 2023)
- "The future for religious charter schools" by Professor Nicole Garnett and Professor Richard Garnett, published by First Things (Feb. 14, 2023)
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Meet the Team
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Director, Religious Liberty Clinic
Term Teaching Professor -
Staff Attorney, Religious Liberty Clinic
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Associate Dean for External Engagement; John P. Murphy Foundation Professor of Law
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2021-22 Student Fellow
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Student Fellow
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Student Fellow
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2021-22 Student Fellow
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Student Fellow
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2020-21 Student Fellow
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Student Fellow
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2021-22 Student Fellow
2022-23 Student Fellow -
2022-23 Student Fellow
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2021-22 Student Fellow