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Drummond v. Oklahoma Statewide Virtual Charter School Board

558 P.3d 1 (2024)

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Drummond v. Oklahoma Statewide Virtual Charter School Board

Oklahoma Supreme Court
558 P.3d 1 (2024)

Facts

Oklahoma included charter schools (i.e., state-funded public schools sponsored by a governmental entity) in the state’s system of free public schools. The Oklahoma Charter Schools Act generally required the state’s charter schools to be nonsectarian (i.e., not related to a particular church or religious faith) in the schools’ programs, admissions policies, and operations. However, in 2023, the state’s Charter School Board (the board) (defendant) approved an application to establish and sponsor St. Isidore of Seville Catholic Virtual School (St. Isidore), a religious virtual charter school. St. Isidore was a private corporation supported by the Archdiocese of Oklahoma City and the Diocese of Tulsa and was admittedly a religious institution that planned to include the Catholic faith in its teaching and other school activities. Oklahoma Attorney General Gentner Drummond (plaintiff) applied to the Oklahoma Supreme Court for a writ of mandamus directing the board to rescind the contract between St. Isidore and the board, asserting that the contract violated state and federal law because St. Isidore was sectarian. Drummond also requested a declaratory judgment that St. Isidore’s contract was unconstitutional.

Rule of Law

Issue

Holding and Reasoning (Winchester, J.)

Dissent (Kuehn, J.)

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