Jewish charter school fights for right to serve Sooner families Following Charter Board denial, Ben Gamla asks court to halt rule excluding faith-based schools

WASHINGTON – The National Ben Gamla Jewish Charter School Foundation, Inc. filed a lawsuit today challenging the Oklahoma Statewide Charter School Board’s denial of its application to the state’s charter school program. In National Ben Gamla Jewish Charter School Foundation, Inc. v. Drummond, Ben Gamla seeks to offer Oklahoma families a rigorous, values-based education that welcomes students of all faiths and integrates academic excellence with religious learning. The Board denied the application earlier this month, arguing that it was forced to do so under the Oklahoma Supreme Court’s ruling in St. Isidore v. Drummond, which prohibits faith-based schools from participating in the state’s charter school program.  

“Ben Gamla wants to open its doors to Sooner families who want an education that combines academic excellence and moral development,” said Peter Deutsch, founder of the National Ben Gamla Jewish Charter School Foundation. “But Attorney General Drummond is keeping our doors locked simply because of our faith-based character. We’re asking the court to end that blatant religious targeting and allow families to choose schools that are best for them.” 

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 December 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.

In 2023, the Oklahoma Statewide Virtual Charter School Board approved the application of another faith-based school, St. Isidore of Seville Catholic Virtual School, to join the other over 30 privately-run charter schools in the state. But soon after, Oklahoma Attorney General Gentner Drummond sued the Charter School Board, arguing that St. Isidore should not be allowed to participate in the charter school program because it is religious. In fact, Attorney General Drummond has been honored as “Secularist of the Week” by anti-religion group Freedom From Religion Foundation for his opposition to Ben Gamla and other religious schools. After the Oklahoma Supreme Court blocked St. Isidore from participating in the program, they took the case to the United States Supreme Court. The Court split 4-4 in St. Isidore, leaving the lower court’s ruling in place and providing no answer on the important constitutional questions.  

While members of the Charter School Board praised Ben Gamla’s model, they concluded that St. Isidore requires Oklahoma to shut faith-based charter schools out of the program. Yet the United States Supreme Court has repeatedly ruled that states cannot deny publicly available funding to religious schools simply because they are religious.  

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.   

“Attorney General Drummond can’t blacklist schools for being religious while welcoming everyone else with open arms,” said Eric Baxter, senior counsel at Becket and attorney for the National Ben Gamla Jewish Charter School Foundation. “That kind of religious hostility is unlawful, unjust, and utterly at odds with decades of Supreme Court precedent. We’re going to court to vindicate Ben Gamla’s right to equal treatment under the law.” 

A hearing in the case is expected later this year.  

For more information or to arrange an interview, contact Ryan Colby at media@becketfund.org or 202-349-7219.