Frustration permeated the room Monday when the Idaho Public Charter School Commission voted to issue two more notices of defect against Nampa Classical Academy because the new school is defying some of its directives.

"It's becoming apparent to me that Nampa Classical Academy and their legal counsel are showing blatant disregard for the laws of the state of Idaho," commission member Brad Corkill said.

NCA board members, in turn, say they're frustrated that the commission is continuing to press an issue that is the subject of a pending lawsuit. And they refute the state's contention that using the Bible or other primary texts of a religion violates the state constitution regardless of whether the class is religious in nature.

"This is a secular program," NCA founder Mike Moffett said after the meeting. "We're not teaching what to believe."

Moffett, acting chairman of the school's board, said Nampa Classical Academy is not using primary religious texts now, but will in the future as called for in its classical curriculum. The Bible, Quran and Book of Mormon are among some 137 books listed in the school's core reading list, and they are included in curricula for history and literature courses. For example, board member Erik Makrush said, the Book of Mormon will help teach students about westward migration.

"I think this will be played out in the courts," Makrush said, referring to a federal lawsuit the Alliance Defense Fund filed on the school's behalf in September.

He said he looks forward to the court clarifying what can and cannot be taught in public schools under the state constitution, which bars the use of any "books, papers, tracts or documents of a political, sectarian or denominational character."

Hearing dates are expected to be set early next month, and it is unknown how long it will take to resolve the lawsuit.

In the meantime, Corkill said, the Charter School Commission is "taking one step right now in what's going to become a much larger journey" toward possible revocation of the NCA's charter.

The panel issued two notices of defect Monday - one contending that the school is violating the state constitution by including religious texts in its curriculum, and the other noting the school's refusal to submit required reports. If, as expected, NCA does not submit a plan for correcting those perceived defects, the commission could move through a series of steps toward charter revocation.

Including appeals, that process could take up to a year, Idaho Charter Schools Program Manager Tamara Baysinger said. The commission, formed in 2005, has granted 23 charters but has not revoked any, she said.

Citing the pending lawsuit and legal advice, school leaders have repeatedly refused to give the commission materials it seeks regarding religious texts.

"We already have responded, saying, 'Please stop asking for these documents,' Makrush said. "That's a response."

The school will, however, provide the requested plan for corrective action to address a 9-item notice of defect the commission issued Nov. 13, he said. That notice did not directly address the use of religious texts.

School leaders believe their secular use of religious documents will be upheld in court and "we don't fear for our charter," Makrush said.

He expressed frustration that the commission is concentrating on the religious-texts issue rather than on the academic successes of NCA students.

And commission member Esther Van Wart said she is discouraged by the tenor of the debate.

"I'm extremely disappointed in the atmosphere between the school and the commission," Van Wart said, "especially when we're both here for the same reason, and that is educating the children."

Kristin Rodine: 377-6447