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Drummond v. Statewide Virtual Charter Board (Okla.)

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 October 20, 2023, the Oklahoma Attorney General Gentner Drummond sued the Statewide Virtual Charter School Board for welcoming this partnership with faith-based educators. Drummond’s lawsuit asks the Oklahoma Supreme Court to deny these critical educational opportunities solely because St. Isidore is faith-based.

On Tuesday, April 2, 2024, the Oklahoma Supreme Court heard oral arguments in the case. Notre Dame alumnus, Michael McGinley of Dechert LLP argued on behalf of St. Isidore. John Meiser, director of Notre Dame’s Religious Liberty Clinic, and University of Notre Dame alumnus Michael Perri of Perri Dunn, also appeared on St. Isidore’s behalf at the hearing.

The Notre Dame Law School Religious Liberty Clinic represents St. Isidore in this lawsuit, along with a team of attorneys from Dechert LLP.

Case Documents

• Petitioner's Reply to Respondents' and Intervenor's Briefs in Response (Supreme Court of Oklahoma) (Dec. 5, 2023)
• Respondent's Brief in Response to Petitioner's Application and Petition (Supreme Court of Oklahoma) (Nov. 21, 2023)
• Intervenor St. Isidore of Seville Catholic Virtual School's Brief in Response to Petitioner's Application and Petition (Supreme Court of Oklahoma) (Nov. 21, 2023)
• St. Isidore of Seville Catholic Virtual School's Motion to Intervene (Supreme Court of Oklahoma) (Nov. 6, 2023)
• Petitioner's Brief in Support of Application to Assume Original Jurisdiction and Petition for Writ of Mandamus and Declaratory Judgment (Supreme Court of Oklahoma) (Oct. 20, 2023)

Press Releases

• "First Catholic Charter School Providing Access for Underserved Students Defended by Notre Dame Religious Liberty Clinic" published by Notre Dame Law School (April 2, 2024)
• "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

• "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)

Related Cases

• OKPLAC v. Statewide Virtual Charter Board (Oklahoma City County)

Meet the Team

1. 

   John Meiser

   Director, Religious Liberty Clinic
   Term Teaching Professor

2. 

   Meredith Holland Kessler

   Staff Attorney, Religious Liberty Clinic

3. 

   Nicole Stelle Garnett

   Associate Dean for External Engagement; John P. Murphy Foundation Professor of Law

4. 

   Andrew “Ross” D’Entremont

   2021-22 Student Fellow

5. 

   Bernadette Shaughnessy

   Student Fellow

6. 

   Charlie Nugent

   Student Fellow

7. 

   Fr. Matthew Kuczora, C.S.C.

   2021-22 Student Fellow

8. 

   Hadiah Mabry

   Student Fellow

9. 

   Hadyn Pettersen

   2020-21 Student Fellow

10. 

    Nicholas Grandpre

    Student Fellow

11. 

    Peter Allevato

    2021-22 Student Fellow
    2022-23 Student Fellow

12. 

    Sarah Stagg

    2022-23 Student Fellow

13. 

    Tim Borgerson

    2021-22 Student Fellow