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Federal judge greenlights taxpayer-funded religious Oklahoma charter school
A federal judge’s recent ruling on a religious charter school in Oklahoma could make way for a precedent that is a direct contrast to the separation of church and state — and a new wave of taxpayer-funded religious schools.
Per Friendly Atheist, Western District Judge David L. Russell of Oklahoma recently ruled that the state violated the First Amendment after denying the approval of the Ben Gamla Jewish Charter School on the basis of religion.
In his ruling, Russell stated that the court is not expressing “judgment on the wisdom of the State of Oklahoma opening up its coffers to charter schools of disparate philosophical or educational persuasions.”
However, once it does, the court can’t deny a school on account of its “religious character.”
While the ruling, which occurred late last month, doesn’t mean that the charter school is close to opening, it does give way to the school being able to continue the steps of becoming established.
Now, the state Charter School Board has to reconsider Ben Gamla Jewish Charter School’s application when the board next reconvenes.
Attorney General Gentner Drummond previously sued to stop the school from receiving the taxpayer funds, but was ultimately stopped by the Supreme Court.
Additionally, Drummond sued the Charter School board earlier this year due to claims the board “didn’t thoroughly explain all the existing problems with the school’s application,” per the outlet.
Despite the recent ruling by the court to give the taxpayer funds the go-ahead for the school, Drummond’s lawsuit is ongoing.
Following the news of the ruling, many close to the situation voiced their opinions on what it means moving forward.
The ruling “opens the door to a dangerous sea change for our democracy,” the legal team of a [pro-church/state separation] group said via statement. “Forcing taxpayers to fund religious public schools violates state and federal law.”
“Ben Gamla will not only indoctrinate students into a particular religion — it will discriminate against families that don’t share the school’s beliefs. We will continue to fight for all Oklahomans, who deserve public schools that are secular and open to all students,” the attorneys added.
As for Drummond, in a statement on Oct. 1, he addressed the ruling saying, “In 2024, the Oklahoma Supreme Court ruled that a religious charter school violates the Oklahoma Constitution, state law and the U.S. Constitution. The U.S. Supreme Court left that decision in place last year.”
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AP 9 25
oKLAHOMA CITY (AP) — Republican Ryan Walters, Oklahoma’s top public schools official who lauded President Donald Trump, pledged to put a Turning Point USA chapter in every high school to honor Charlie Kirk and end what he called “wokeness” in public schools, is resigning to lead a conservative educators’ group.
Walters, 40, said Wednesday night on Fox News that he is stepping down as state superintendent of public instruction to become the CEO of the Teacher Freedom Alliance, a nonprofit that says it assists educators “in their mission to develop free, moral, and upright American citizens.”
“We’re going to destroy the teachers unions,” Walters said on Fox. “We have seen the teachers unions use money and power to corrupt our schools, to undermine our schools.”
Walters has leaned into culture-war politics and sought to infuse religion into classroom instruction, including a mandate that public schoolteachers incorporate the Bible into lesson plans for children in grades 5 though 12.
He has also tried to require social studies teachers to promote conspiracies about the 2020 election, track the immigration status of children in schools and require applicants for teacher jobs coming from California and New York to pass an exam designed to safeguard what he described as “radical leftist ideology.” Many of his efforts have led to lawsuits against him and the agency, even as Oklahoma’s national ranking in several education metrics has continued to decline.
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Just Tuesday, Walters announced that Oklahoma high schools will have Turning Point USA chapters. He said parents, teachers and students “want their young people to be engaged in a process that understands free speech, open engagement, dialogue about American greatness, a dialogue around American values.”
Kirk founded the organization to mobilize young, Christian conservatives. It has seen a massive surge in interest and support since the activist’s assassination on Sept. 10.
Walters, a former teacher, was elected to the superintendent’s job. He had served as Oklahoma Secretary of Education from September 2020 to April 2023. He was appointed to that position by Gov. Kevin Stitt.
Ever since then, “we have witnessed a stream of never-ending scandal and political drama,” Oklahoma Attorney General Genter Drummond said in a statement.
“It’s time for a State Superintendent of Public Instruction who will actually focus on quality instruction in our public schools,” Drummond, a Republican and candidate for governor in 2026, said.
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OKLAHOMA CITY — Calling the inquiry a “manufactured political drama,” Oklahoma’s attorney general declined state Superintendent Ryan Walters’ request for a legal opinion over whether a presidential order blocks federal education funds from benefiting undocumented students.
Walters had asked the attorney general whether any Oklahoma school programs are affected by President Donald Trump’s Feb. 19 executive order blocking taxpayer-funded benefits from supporting undocumented immigrants. He also asked how his administration at the Oklahoma State Department of Education should comply with Trump’s order if any school programs are affected.
Gov. Kevin Stitt similarly has accused Walters of causing “political drama.” Although Attorney General Gentner Drummond borrowed the governor’s phrasing, he also took aim at Stitt in his response letter to Walters.
“I am very thankful for President Trump’s leadership on this critical issue, and I am very disappointed in Governor Stitt’s failures that have cost Oklahoma taxpayers billions and put our families at risk,” Drummond wrote. “(The executive order) should be a model for Oklahoma and every state to ensure their services are delivered only to those legally eligible to receive them.”
Drummond criticized the governor’s support for resettling 1,800 Afghan refugees, whom the attorney general accused of being poorly vetted, in the state and Stitt’s collaboration with the government of Mexico to establish a Mexican consulate in Oklahoma City, which Drummond said serves undocumented immigrants as well as lawful residents.
He accused Stitt of taking “no substantive action to address illegal immigration here in Oklahoma.” He called Stitt’s Operation Guardian initiative, which aims to deport undocumented immigrants in state prisons, an attempt to “save face.”
The governor has been a vocal supporter of Trump’s immigration policies.
“Sadly, once again, we are just getting noise from people campaigning for their next political promotion,” Stitt said in a statement through his communications office. “Being governor has been one of the greatest honors of my life. I will continue to do everything in my power to protect both Oklahomans and the innocent children in our communities.”
Stitt will be term-limited in 2026 after eight years in office, and Drummond is running to succeed him as governor. Walters hasn’t announced a political campaign for reelection nor for another office, but many consider him a potential candidate in a 2026 race.
The round of comments on Monday deepened the ongoing conflict between Oklahoma’s Republican governor, attorney general and public schools leader.
Drummond declined Walters’ request for an opinion on the impact of Trump’s order because a state attorney general has no jurisdiction to interpret federal law, according to his response letter.
Walters said he is “disappointed but not surprised” at Drummond’s response.
“He has a responsibility to offer opinions on all laws, not just the ones he deems worthy,” Walters said in a statement through a spokesperson. “Once again, he is refusing to support President Trump’s executive order on illegal immigration at a time when we all need to move forward with a unified front to protect Oklahoma families.”
Attorney general opinions interpret state law and sometimes are legally binding. An interpretation of a presidential order is “for the federal executive branch to determine,” Drummond wrote.
“Notwithstanding your rumored aspirations, you are not part of the federal executive branch,” he wrote, hinting at allegations that Walters sought a position in the Trump administration.
Drummond said Trump’s order could direct the actions of the federal Department of Education and the U.S. Department of Agriculture, which provide hundreds of millions of dollars supporting various school services in Oklahoma, including cafeteria lunches, English learner programs and support for impoverished students.
He encouraged Walters to cooperate with federal agencies to “faithfully implement” the executive order.
“In the meantime, I suggest you devote increased energy and focus on improving the test scores and reading proficiency of Oklahoma students,” Drummond wrote. “The people of this state entrusted you with the critical responsibility of administering and managing public education. Fulfilling that responsibility should be your only focus.”
Walters has supported Trump’s executive actions and advanced his own policy to “no longer allow sanctuary schools in the state of Oklahoma.” He proposed a new rule at the state Education Department to require schools to collect students’ immigration status and report the information to the state.
“Taxpayer dollars should be used to support the education of American students, not to subsidize or create a magnet for illegal immigration,” Walters said.
States are required to provide public education to children regardless of their immigration status under a 1982 U.S. Supreme Court ruling.
Many Oklahomans have advocated against the rule, which is now before the state Legislature for consideration, and warned it could drive immigrant students away from public education.
Stitt pledged to block the rule from being enacted and accused Walters of using “kids as political pawns” to launch a campaign for higher office.
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October 2, 2023
Attorney General Bird Leads Letter Opposing Biden Administration Radical Environmental Scheme for Development Projects
DES MOINES- Today, Attorney General Bird led a coalition of 24 states in a letter opposing a proposed Biden Administration rule that will illegally mandate social, environmental, and race-based regulations for infrastructure projects and stop development in its tracks. The Biden Administration’s woke environmental scheme is part of its larger...
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october 2, 2023
Attorney General Bird Leads Letter Opposing Biden Administration Radical Environmental Scheme for Development Projects
DES MOINES- Today, Attorney General Bird led a coalition of 24 states in a letter opposing a proposed Biden Administration rule that will illegally mandate social, environmental, and race-based regulations for infrastructure projects and stop development in its tracks.
The Biden Administration’s woke environmental scheme is part of its larger radical climate change plan. With the new rule in effect, Americans will pay more for energy; face delays for projects such as new housing, power plants, roads, and bridges; and even have to cancel projects due to significant price hikes and delays.
This Biden Administration rule not only eliminates the common-sense Trump-era reforms that made development easier, but it goes even further than before. The new rule imposes expensive red-tape regulations for project developers and sets an illegal double standard. With the new rule in effect, projects that align with the Biden Administration’s radical climate change agenda will be favored, while projects that use traditional energy sources will face stricter regulations.
“The Biden Administration will stop at nothing to force its woke climate agenda on the rest of America,” said Attorney General Bird. “Environmental activists shouldn’t dictate how or when we can build a home or bridge. This rule is nothing more than another illegal power grab. And if left unchecked, the new rule will devastate important, job-creating infrastructure projects.”
A coalition of 17 governors, including Governor Kim Reynolds, also wrote to oppose the rule.
The proposed rule violates the Administrative Procedure Act and federal law requiring that significant legislation go through Congress, rather than unelected bureaucrats. // CHEVRON DERFERENCE DEREGULATION
Iowa led the letter joined by Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
Read the full letter here
ref 18 pp
...tember 29, 2023 Council on Environmental Quality 730 Jackson Place NW Washington, DC 20503 Re: Reconsideration of Council on Environmental Quality National Environmental Policy Act Implementing Regulations Revisions Phase Two (Docket ID CEQ– 2023–0003) The Attorneys General of Iowa and the 23 undersigned States respectfully submit these comments in response to the Council on Environmental Quality’s (CEQ) Revisions of the National Environmental Policy Act’s (NEPA) Implementing Regulations Revisions Phase Two (Proposed Rule).1 C
EQ’s Proposed Rule serves as a dramatic example of federal and administrative overreach. Rather than serve its long-term goals of collecting information about large development projects, the Proposed Rule injects major substantive considerations into the NEPA process. In doing so, the Proposed Rule turns NEPA on its head, and turns it farther away from the effective reform process started in 2020. This radical and illegal climate power grab goes far beyond CEQ’s delegated authority. Congress passed NEPA to achieve laudable goals: to reduce delays and promote better decision-making consistent with national environmental policy.2 Tasked with NEPA’s
...
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other requirements,” by contrast, will leave an agency unsure of when it has considered enough factors in its analysis. That uncertainty will lead to front-end delays and back-end litigation risk. How can a court determine whether an NGO plaintiff is correct that the agency didn’t consider enough of these “other requirements” in its initial planning? And even if a court adjudicated that issue, the guidance is vague enough that other courts in other jurisdictions could come to conflicting outcomes. Such a regulatory patchwork stands to create real harm, particularly given the lack of certainty for the Proposed Rule’s consistent application.
Similarly, references in the Proposed Rule to “meaningful” public engagement and public participation introduce a fuzzy, unpredictable, un-analyzable element into the NEPA process. The 2020 CEQ regulatory revision was largely motivated by a desire to streamline and simplify what had grown over the decades since NEPA’s enactment into a sprawling, byzantine, insiders’ game. Project reviews were taking too long, taking up too many pages, sprawling into subject areas beyond what Congress intended, and slowing down or deterring needed permits and other actions.
Many, if not most, supporters of the NEPA amendments in the recent FRA intended to similarly streamline the process, as evidence by those amendments’ adoption of key aspects of the 2020 rule. But CEQ here is adding or restoring (from the original 1978 regulations) elements that will cause longer, broader-ranging reviews and less legal certainty. The Proposed Rule is therefore in tension not only with the original statute, but also with Congress’s intent in amending NEPA earlier this year.
respectfully submitted,
Brenna Bird
Attorney General of Iowa
Steve Marshall
Attorney General of Alabama
Treg Taylor
Attorney General of Alaska
Tim Griffin
Attorney General of Arkansas
Ashley Moody
Attorney General of Florida
Chris Carr
Attorney General of Georgia
Raúl R. Labrador
Attorney General of Idaho
Theodore E. Rokita
Attorney General of Indiana
Kris Kobach
Attorney General of Kansas
Jeff Landry
Attorney General of Louisiana
Andrew T. Bailey
Attorney General of Missouri
Lynn Fitch
Attorney General of
Mississippi
Austin Knudsen
Attorney General of Montana
Mike Hilgers
Nebraska Attorney General
Drew Wrigley
Attorney General of North
Dakota
Dave Yost
Attorney General of Ohio
Gentner Drummond
Attorney General of Oklahoma
Alan Wilson
Attorney General of South
Carolina
Jonathan Skrmetti
Tennessee Attorney General
Ken Paxton
Attorney General of Texas
Sean D. Reyes
Attorney General of Utah
Jason Miyares
Attorney General of Virginia
Patrick Morrisey
Attorney General of West
Virginia
Bridget Hill
Attorney General of Wyoming