Statewide Virtual Charter School Board denies two charter applications, tables two contracts and authorizes outside counsel for Ben Gamla matter

The Statewide Virtual Charter School Board met Feb. 9 in Oklahoma City and took multiple formal actions on charter applications and contracts. The board voted to deny two initial-authorization applications, tabled two new charter contracts for further review and authorized the chair and executive director to identify outside legal counsel limited to the Ben Gamla matter.

Board action focused on three formal application or contract items. Skyler Lusnia, director of school performance, presented staff reviews and recommended denial for the Visionary Pathways Schools, Inc. application, citing governance and bylaw deficiencies, gaps in graduation and assessment planning, Child Find compliance shortcomings, financial and staffing uncertainty, and the applicant’s pursuit of authorization from another sponsor. Damon Gardenhire moved to deny the application; David Rutkauskas seconded and the motion carried with eight yes votes and one absence.

On the National Ben Gamla Jewish Charter School Foundation, Inc. application, staff identified academic strengths but raised legal and procedural concerns: potential violations of the state’s nonsectarian requirement, uncertainties about board composition and residency, a lack of a formal discipline policy, and unclear special-education provisions. Counsel and staff advised the board that a writ of mandamus limits the board’s discretion in this matter; the board voted to deny the application.

The board also addressed two charter contracts for Tempo Montessori Charter School and Southwest Academy Charter School. Dr. Rebecca Wilkinson, executive director, described the contracts as largely standardized templates and advised additional school-level review. Lindel Fields (Superintendent Fields) moved to table both contracts to allow further review; Jared Buswell seconded and the motion carried.

Recognizing the likelihood of litigation arising from the Ben Gamla decision, the board discussed pursuing independent legal representation under 74 O.S. § 20i. Board Chair Brian Shellem and counsel outlined the statutory approval process and the requirement of Attorney General approval for contracting private counsel. The board authorized the chair and executive director to identify potential attorneys or firms for board approval and accepted an amendment limiting authorization specifically to matters related to Ben Gamla.

Votes at a glance: - Motion to table Tempo Montessori and Southwest Academy charter contracts: moved by Lindel Fields, second by Jared Buswell; outcome: tabled; recorded votes — Yes: Kitty Campbell, Jared Buswell, Bill Pearson, Lindel Fields, Damon Gardenhire, Brian Shellem, Britni Tomcho, David Rutkauskas; Absent: Amber/Anber Hidy. - Motion to deny Visionary Pathways Schools, Inc. initial authorization: moved by Damon Gardenhire, second by David Rutkauskas; outcome: denied; recorded votes — same as above. - Motion to deny National Ben Gamla Jewish Charter School Foundation, Inc. initial authorization: moved by Damon Gardenhire, second by Lindel Fields; outcome: denied; recorded votes — yes votes as above. - Motion to authorize chair and executive director to identify outside counsel limited to Ben Gamla matters (74 O.S. § 20i): moved by Damon Gardenhire, second by David Rutkauskas; outcome: approved; recorded votes — yes votes as above.

What happens next: The two denied applicants may revise and reapply consistent with staff feedback and statutory requirements. Tempo Montessori and Southwest Academy will return with revised contracts or additional documentation for a future board meeting. The board will present proposed outside counsel candidates for approval and seek any required Attorney General approvals under 74 O.S. § 20i before contract execution.