Walters discusses proposed rules for OSDE

May 12—New rules and amendments to the Oklahoma State Department of Education policies have raised concern from the Legislature on both sides of the aisle after the rules were brought before the Oklahoma House Administrative Rules Committee.

The OSDE proposed 19 new rules or amendments in February, but as of May 7, the committee decided to postpone a decision regarding the proposed rules.

The committee amended the state agency resolution, HJR 1059, to exclude the proposed OSDE rules from final approval. The resolution will head to the House floor for a vote from the full chamber.

In an article by Bennett Brinkman of NonDoc, Committee Chairman Gerrid Kendrix, R-Altus, said he felt the questions surrounding OSDE's proposed rules warranted putting them in their own resolution separate from the one that advanced Monday.

"We just decided as a caucus that we're going to split that off and run that as two separate resolutions, and we'll deal with that other one in the near future," Kendrix said. "I hope to have that together very soon."

Some of the proposed rules include giving districts an academic deficiency if their students fail to meet certain academic standards, banning DEI programs, requiring districts to adopt voluntary prayer and minute-of-silence policies, adopting "foundational values" for the Oklahoma public education system (including the acknowledgment of a "Creator" and "moral virtues"), adding the term "independent contractor" to the parental rights code and making changes to statewide testing and student remediations based on that testing.

State Superintendent Ryan Walters spoke with the News Press about the rules, saying that the OSDE has always written the rules following legislation passed by the State. He pointed out that his predecessor, Joy Hofmeister, passed more than 100 rules.

"A lot of them are a new rule or replacing an old rule," Walters said. "... There's nothing we're doing now that our agency, and frankly, most government agencies, aren't doing on a regular basis. ... We have been promulgating rules in accordance with state law, and so we don't see any legal problem."

Walters said the rules are what Oklahomans have told him they want.

"The left and the Democrats have lied about these rules," Walters said. "I would say everybody should look at them and tell me if these are not common sense, Oklahoma values. I'm going to tell you, they are."

Walters said he's had Democrats, Independents and Republicans tell him that the rules make sense.

"But the left tries to demonize these policies," Walters said.

Walters said what he's heard from parents is that they want a focus on academic outcomes.

"We have a rule in there that says every district has to be above 50% Basic for math and reading moving forward, or they get deficiencies, and our agency becomes much more involved with them," Walters said. "We've seen this turnaround with Tulsa Public Schools. It's the same model that we want to apply to all schools across the state."

"I would tell the parents, 'Hey, look at the policies. Look at the successes we've already had at school turnarounds.'"

Regarding prayer in the schools, Walters said that what OSDE is asking for is freedom to express religious beliefs, if students so choose. He said Judeo-Christian values are the history of the country, and that students don't have to believe in God, but that they do need to know their country's history.

"No one's telling your kid they have to come into a school and pray, that's not our position," Walters said "...That's important for some families, their faith, their religion, so we're going to protect that time if they want to do that."

Another area that has Walters concerned is "inappropriate behavior by some coaches and teachers." He said OSDE has a record amount of investigations open on these individuals, and said "it's sick."

"Of course, most teachers are absolutely appalled that ever happens," Walters said. "But we do have people who have used their ability to get in a classroom and become sexual predators targeting our kids. We have a rule in there addressing that, too."

He's also heard that a lot of parents are worried about whether their kids will be ready for jobs and life after school when they graduate. He said his staff has been working hard on the Back to Basics plan and a tutoring program.

"We had a record amount of schools get off the F list," he said.

State agencies create their own rules based on legislation, but final approval of those rules is decided by the legislature or the governor.

House and Senate members will then draft and vote on a joint resolution to approve all agency rules except those with which they do not agree. Any rule not specifically approved or disapproved goes to the governor for a final decision.

"Whatever rules are promulgated by different agencies, the House of Representatives has the right to change them, agree with them, disagree with them, vote against them," said Rep. John Talley, R-Stillwater.

Talley said the State Constitution is supposed to oversee the rules, not just for OSDE, but for other agencies across the State, such as the Department of Transportation or Oklahoma Water Resources Board.

But the Legislature can't handpick which ones they approve.

That can only happen if the rules committee separates the rules — such as 20 instead of 25 rules — and brings those to the floor for a vote. And some agencies can have up to 50 rules to be approved or rejected.

"It's either all 'Yes' or all 'No,' period," Talley said. "That's part of the problem."

Talley said the Legislature asked the committee to separate some of the rules from the list of 19 proposed rules.

"Some of the rules are good, and some of the rules we want to change a little," Talley said.

Talley said he is concerned about the change in the rules — for example, the opportunity for teachers to write their own prayer.

If the rules are changed, other religions have the opportunity to do the same, Talley said, citing a Satanic priest and an atheist who had called him, excited about the opportunity to have a presence in public schools.

"That's what people don't understand — if you pass this, you're opening the door to all these other things," Talley said.

Walters said the OSDE's track record is "pretty clear" and said he believes the department is better off now than before he served as superintendent.

He cited cutting spending in a "very bloated agency," cutting government jobs to redirect those dollars directly to the classroom, getting "more schools off the failing list than ever before," a record teacher recruitment to Oklahoma schools, launching the Oklahoma Teacher Empowerment Program and the "largest tutoring program in state history."

"These are all within our first year in office, and we're just getting started," he said. "But the dramatic difference and efficiency, innovation and dedication to making sure taxpayer dollars are spent efficiently — it is a complete 180 from where it was."