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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.

Notre Dame Law School’s Religious Liberty Clinic assisted in the school’s application process and will now defend the school in the lawsuit alongside attorneys from Dechert LLP. On September 20, St. Isidore filed a 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.

Case Documents

• 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 Preliminary Statement (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

• "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

• Drummond v. Statewide Virtual Charter Board (Oklahoma Supreme Court)

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