BOISE, Idaho — The Idaho Public Charter School Commission on Nov. 23 reprimanded the publicly funded Nampa Classical Academy over the use of religious texts in the classroom, saying it violates the state constitution.

The agency sent the school a notice of defect — the first step in a lengthy process that could result in closure — after reviewing an academy reading list for high school students that included the Bible.

“They clearly intend on the use of religious texts,” said commissioner Alan Reed. “I do think we have reason to believe this is happening and this is going to happen.”

Several months ago, administrators of what became the third-largest charter school in Idaho this fall said they would use the Bible as a primary source of teaching material, but not to teach religion.

The academy said the Bible likely would be introduced in the ninth grade. The Bible would be taught for its literary and historic qualities, as part of a secular education program, administrators said, citing a nearly 50-year-old U.S. Supreme Court ruling.

The plan prompted Idaho’s charter school commission to review use of religious texts in the classroom and ultimately to decide the academy could not use the Bible.

The academy, which has more than 500 students, is now fighting that decision in federal court with backing from the Alliance Defense Fund. The Arizona-based Christian legal group filed the lawsuit on behalf of the academy in September, saying the state illegally barred used of the Bible in the classroom.

The U.S. Supreme Court banned ceremonial school Bible readings in 1963 in Abington School District v. Schempp, but said “the Bible is worthy of study for its literary and historic qualities” so long as material is “presented objectively as part of a secular program of education.”

Public schools across the country traditionally have avoided Bible courses and the potential controversy, but hundreds do offer voluntary classes to students.

Idaho’s charter school commissioners made their decision based on the state constitution, saying it “expressly” limits use of religious texts.

“It also says no political documents may be used and if that’s the case, then every school in Idaho is breaking the law because they all teach the constitution,” said Nampa Classical Academy board member Eric Makrush.

The case will set precedent, said the Alliance Defense Fund’s senior legal counsel, David Cortman.

“The reason is, we have claimed, prohibiting the use of religious texts in the classroom violates the schools’, the teachers’ and the students’ federal constitutional rights,” Cortman said.

The charter school has since denied the commission’s request for public records and to visit the school’s southwest Idaho campus, citing the lawsuit as a conflict. In response, the commission has identified several areas of noncompliance with state rules for charter schools and sent several notices of defect to Nampa Classical Academy in recent weeks.

The charter school has 30 days to draft a plan to address the missteps outlined in the notices or the commission will be required to issue a notice of its intent to revoke the academy’s charter.