Ryan Walters' proposed administrative rules for state schools will get extra scrutiny from lawmakers

Murray Evans, The Oklahoman
·3 min read
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State schools Superintendent Ryan Walters speaks during a past Oklahoma school board meeting at the state Capitol.
State schools Superintendent Ryan Walters speaks during a past Oklahoma school board meeting at the state Capitol.

Controversial new administrative rules proposed by state schools Superintendent Ryan Walters and the Oklahoma State Board of Education will receive an extra layer of scrutiny from members of the state House of Representatives.

In an unexpected twist Monday afternoon, the House Administrative Rules Committee separated its consideration of proposed rules by Walters, the state board and the Oklahoma State Department of Education from those submitted by other agencies. For the rules to become permanent, they must be approved by both the Legislature and the governor.

The committee passed House Joint Resolution 1059, which dealt with proposed rules from six other state agencies, without dissent. Rep. Gerrid Kendrix, R-Altus — the committee’s chairman — said he would be preparing a second resolution concerning the state Education Department’s proposals. He said he hoped to have that done by the end of the week.

“As a caucus and as a Legislature, we’re working on trying to get a consensus to make sure that … whenever we get done with this, it makes it through the process,” Kendrix said.

In considering proposed rules, “I try to determine ... do they have the authority, does it meet the intent of the law and did they follow the proper process,” Kendrix said of state agencies. “I’m kind of a black-and-white guy. I go based on that, but obviously, there’s differences of opinion on things like this and I’m a firm believer in the process. We have a Legislature (in which) legislation passes based on a majority vote and that’s the way this needs to be.”

Kendrix said when it comes to proposed rules the committee cannot make changes, it has to approve or disapprove them in whole or in part.

Rep. Gerrid Kendrix, the chair of the House Administrative Rules Committee, speaks during Monday's meeting. Next to him is the vice chair, Rep. Denise Crosswhite Hader.
Rep. Gerrid Kendrix, the chair of the House Administrative Rules Committee, speaks during Monday's meeting. Next to him is the vice chair, Rep. Denise Crosswhite Hader.

Oklahoma State Department of Education rule changes target DEI training, prayer in schools

In February, the State Board of Education passed a slew of proposed rules regarding school accreditation, prayer in schools, teacher behavior, training of local school board members, and diversity, equity and inclusion (DEI) procedures in Oklahoma schools, among other topics. Those rules, and others adopted by the board since the most recent legislative session, are up for review.

Democrats claim the rules are null and void because of the way they were passed, citing an opinion from Republican Attorney General Gentner Drummond that said Oklahoma law prevents a state board or agency from creating administrative rules without express approval from the Legislature to do so.

Attorneys for Walters, the agency and the board have argued in a court case involving disputed agency rules, brought by Edmond Public Schools against the agency, that Drummond’s opinion “misconstrues relevant statutes and precedents.” Agency spokesman Dan Isett has said, “There is broad constitutional authority vested in OSDE that grants it the ability to act in the best interest of Oklahoma students.”

Rep. Melissa Provenzano, D-Tulsa — one of only two Democrats on the House Administrative Rules Committee — told The Oklahoman it's good the proposed education rules would be considered separately.

“I’m not displeased by it, because now we know how important it is to get the state Department of Education rules correct,” Provenzano said. “I believe even greater attention and greater scrutiny will be given to them before we vote on them.”

During a Monday news conference, Senate Democrats decried the rules proposals, saying one of them — which would tie school accreditation to student performance on standardized tests — would immediately affect the accreditation of about 60 school districts.

“Right now, in the climate that we’re in, it requires bipartisanship to hold powerful people accountable,” said Sen. Mary Boren, D-Norman, a member of the Senate Administrative Rules Committee, which has yet to vote on the state Education Department’s proposed rules. “Here we are again, trying to make sure that the administrative rules are legal and that they reflect legislative authority. If we do hold the state Department of Education (accountable), it’s going to be because of a bipartisan effort.”

This article originally appeared on Oklahoman: Oklahoma House scrutinizing Ryan Walters' proposed education rules