NAMPA — Nampa Classical Academy's attorney has advised the school to defy an order from the state's Public Charter School Commission and use religious texts in its classrooms.

The move could lead the Charter Commission to effectively close the school by taking away its ability to operate with public funds, the commission's chairman said Friday.

A Wednesday letter to Idaho Public Charter School Commission program manager Tamara Baysinger from the Alliance Defense Fund threatens to sue the state panel if it continues to seek information regarding the school's possible use of the Bible and other religious texts.

The Alliance Defense Fund brought a lawsuit against the Charter Commission and state officials Sept. 1 in federal court on behalf of the charter school arguing for the school's right to use religious texts as part of its curriculum. The Wednesday letter from ADF says the Charter Commission's recent reprimands of the school are in direct "retaliation" for the lawsuit.

But a response from the Idaho Attorney General's Office e-mailed Friday to NCA attorneys said the Charter Commission and Baysinger will not comply with any of the Alliance Defense Fund's demands.

"Filing suit in federal court is not a 'Get Out (of) Jail Free' card that exempts NCA from oversight for expenditure of tax dollars and from conducting its educational mission in accordance with state law," the letter from deputy attorney general Mike Gilmore reads in part.

Nampa Classical Academy acting board chairman Mike Moffett said he did not know if or when the school would begin using religious texts. But Charter Commission chairman Bill Goesling called that statement "smoke."

"If they in fact are using religious texts and continue using religious texts I see no reason why this won't go to revocation of their charter," Goesling said. "If they want to use religious texts they need to be a private school. Public funds are not available for that."

The Charter Commission has called a special meeting at 9 a.m. Monday in Boise to discuss the matter.

Moffett said he didn't know exactly how the school's classes line up so he can't say for sure if the school will begin using religious texts. He referred questions about that to Alliance Defense Fund attorney David Cortland. Cortland could not be reached for comment Friday.

"I don't really have anything to say other than what's in the letter," Moffett said. "I'll just let that speak for the academy."

Last week the Charter Commission issued a nine-part notice of defect to Nampa Classical Academy after meeting with school officials in Boise. Part of the notice of defect applied to the school not providing information about whether there are religious texts at the school.

But the Alliance Defense Fund argues that the school is exempt from providing that information because it is related to the lawsuit.

"Federal law does not permit you (the Charter Commission) to issue public records requests during a lawsuit involving the same facts and issues," the ADF letter states.

The letter asks Baysinger to "cease and desist immediately from taking further retaliatory actions against the Academy." It later states that "failure to do so may result in you being subject to legal liability for First Amendment retaliation," citing Constitutional protections for the right to petition the government for redress of grievances.

Goesling said the Alliance Defense Fund appears more interested in making a name for itself than helping the students at Nampa Classical Academy. He said closing the academy would be a "disaster" for the school's more-than 500 students because they would have to transfer to schools that may not be prepared to provide them with adequate services. The entrance of a third party, the ADF, into issues between the Charter Commission and the school will make it harder for the issues to be resolved, he said.

"The whole charter school group is going to come away with a black eye," Goesling said. "(And) a lot of them are doing well."