OKLAHOMA CITY — Democratic lawmakers say rules recently adopted by the Oklahoma State Department of Education are “null and void” and “unenforceable.”
House and Senate Democrats held a press conference Thursday to address concerns about the way Superintendent Ryan Walters is operating OSDE, particularly the enactment of rules that Democrats say exceed the state superintendent's authority. .
Senate Majority Leader Kay Floyd (D-Oklahoma City) said the attorney general said, “State agencies may only exercise powers expressly given to them by law, and any agency may independently extend its own powers.'' “This is not an option,” he said. That's exactly what the State Board of Education is trying to do with the new rules. ”
OSDE Public Affairs Director Dan Isett responded to Democrats' concerns, saying: “OSDE is endowed with broad constitutional authority, giving it the ability to act in the best interests of Oklahoma students. Additionally, it supports the State Board of Education’s rulemaking process. There is an existing legal authority, and it is being followed according to the letter of the law. Oklahoma parents and Oklahoma voters are demanding improvements in our schools and government institutions, and Superintendent Walters is making that happen. ing.”
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Rep. Melissa Provenzano said state officials have been instructed not to enact new laws during the rulemaking process.
“That responsibility lies with Congress, and we must reject any attempt by government agencies to assume that role,” Provenzano, a Tulsa Democrat, said in a press release. “Many of the regulations proposed by the state Department of Education seem to cross that line, and Congress must block those efforts. Leave it to us to legislate.”
Provenzano said the regulations that are most interesting to her are those that redefine the certification standards created by Congress.
Accreditation is the process by which the State Board of Education determines whether a school meets all of the state's minimum standards and should be licensed or approved by the state for an additional year.
In February, the Oklahoma State Board of Education approved changes to administrative regulations that extend requirements from this year's test results similar to those imposed on Tulsa Public Schools to other school districts and charter schools. That means at least half of all students will be tested in Tulsa Public Schools. If you have a basic level or above in both English and Mathematics or are facing a certification deficit.
The change would require approval from the state Legislature or the governor's office. Had the program gone into effect in the 2023-2024 school year, it would have affected the accreditation status of more than 60 school districts and charter schools across the state.
That list includes four charter schools in the Oklahoma City and Tulsa areas, as well as a mix of dependent and independent, suburban and rural districts across Oklahoma.
For example, an analysis of state report card data shows that five of the 12 school districts that cover at least part of Adair County had at least half of their students tested below the basic level in 2023. I am. In the 6th school district, at the elementary level he was given a score of 49%. Below basic level.
“It is important to understand that stripping a school of accreditation can result in the school closing and having a devastating economic impact on the community. Staff will lose their jobs and children will be transferred to a new school. “You need to find a place to go to school. This is not a decision that should be taken lightly,” Provenzano said.
During the press conference, House and Senate Democrats were asked about the apparent layoffs OSDE is currently experiencing, including the resignation of OSDE General Counsel Brian Cleveland.
Sen. Cari Hicks, D-Oklahoma City, said, “This will give all Oklahomans more visibility into what's going on within the department and whether Ryan Walters is actually doing the job that Oklahomans elected him to do.” I think we should be concerned about this,” he said.
When asked about OSDE and Walters' track record at a news conference Thursday, House Speaker Charles McCall (R-Atoka) said, “If there are schools that say they're not receiving services or other communications from the school, “That's it,” he said. The department said it would be elevated to the level of legislative consideration and scrutiny. ”
When asked to clarify what it would take for the Legislature to investigate or impeach Mr. Walters, Mr. McCall said the law would require lawmakers to take action against elected officials across the state. “It would require a significant level of failure” before it would be considered, he said.
Democratic House Minority Leader Cindy Munson (D-Oklahoma City) issued a statement calling on Congress to hold Walters accountable.
Munson said: “I am not sure what effect his inflammatory language has had on students and teachers, not to mention the ongoing criminal investigation into allegations of financial mismanagement by the state Department of Education under the guidance of the state Superintendent of Education. We've seen firsthand the impact it's having.” “We must come together to hold the state superintendent accountable and for the betterment of our public education system, our students, teachers, staff, and the state of Oklahoma as a whole.”
Staff writer Lenzy Krehbiel-Burton contributed to this story.