Oklahoma board vote leaves Ben Gamla unapproved; AG drops suit

Oklahoma’s Statewide Charter School Board did not approve Ben Gamla Jewish Charter School in its Oct. 12 vote, which ended 4-3, one vote short of the five required for approval. Three days later, Attorney General Gentner Drummond dismissed his state-court lawsuit over the application without prejudice, Oklahoma Voice reported.

The vote left the proposed school unapproved. One board member was absent and one seat was vacant at the Oct. 12 meeting. The vote came after the board had considered the application twice earlier in the year and amid a separate federal case involving the school.

Board decisions and the state lawsuit i

The board rejected an initial application in February and a revised application on March 9. The state case was filed in Oklahoma County District Court and challenged the March 9 decision by Oklahoma’s Statewide Charter School Board. Drummond’s March action sought a court order concerning the board’s handling of the application.

In announcing that lawsuit, Drummond’s office alleged deficiencies in the board’s process. Those were the attorney general’s claims, not findings by a judge. The October vote was a later vote on the application; it did not reach the threshold needed to approve the school.

The federal case remains separate i

The October vote followed a federal preliminary injunction issued in September that addressed rejection of the school solely because of its religious character. The injunction did not itself approve Ben Gamla. Drummond argued after the October vote that the application could be rejected on nonreligious grounds, which he said undercut the school’s federal case. That was his position, not a court’s finding about the board’s reasons or the federal dispute.

A June 9 federal order granted Drummond’s request to be dismissed as a defendant, finding that he lacked a particular enforcement role over the provision at issue. That order concerned his status in the separate federal case; it was not a ruling on his state lawsuit. The Oct. 15 account did not establish whether the federal preliminary injunction remained in effect after the Oct. 12 vote.

Drummond’s dismissal without prejudice ended his current state-court action without a decision on its merits and leaves open the possibility of refiling. It did not approve Ben Gamla, overturn the board’s vote or resolve the separate federal dispute.

Board counsel A.J. Ferate told Oklahoma Voice the board had received Drummond’s dismissal letter and was considering next steps. As of the outlet’s Oct. 15 report, no subsequent board action had been reported.