OKLAHOMA CITY — New regulations by the Oklahoma State Department of Education, from “core values” to accreditation penalties, are receiving bipartisan scrutiny in the state Legislature.
Lawmakers from both parties have expressed concern about State Superintendent Ryan Walters' new regulations and whether they could undermine the legal basis.
Democrats are calling for a complete rejection of the rule. They said the Oklahoma Department of Education created the regulations without the Legislature first passing relevant legislation.
“Leave it to us to legislate,” Rep. Melissa Provenzano, D-Tulsa, said in a statement. She added, “As we continue to work towards these rules in the House, I can tell you that right now it looks like there are efforts on both sides of the aisle to get this right.”
The Legislature has the power to approve, veto, or defer to the governor's decisions administrative regulations from state agencies. Administrative regulations have the force of law and are constructed based on laws and regulations enacted by legislators.
Democrats have been the most vocal opponents of Walters' rules, but some lawmakers said there are doubts on both sides.
“I would say that’s the movement I’m seeing right now,” said Sen. Bill Coleman, R-Ponca City. “Certainly there is bipartisan concern.”
Coleman said the proposal to include a school district's state test scores in accreditation is “a little more of a thumbs down.” Walters has proposed lowering the accreditation status of schools where more than 50% of students score below the basic level on state reading and math tests. The state superintendent said the measure promotes a results-oriented approach.
“From what I've heard from educators across the state about this, it doesn't seem like it's really going to be beneficial for Oklahoma students,” Coleman said.
Sen. Mary Bolen (D-Norman) said the rule would be particularly punitive for schools that educate large numbers of students with disabilities and for school districts with high poverty rates.
“These schools would be severely harmed if the state Department of Education stepped outside of its legislative authority and assumed power,” Boren said.
Coleman and Bolen are members of the Senate Administrative Rules Committee, which considered about 20 regulations proposed by the state Department of Education on April 15.
The committee's two Democrats, Bolen and Oklahoma City Sen. Michael Brooks, expressed concern that the agency created the rules without proper authorization from Congress.
Who has the authority?
The Walters administration said it acted within its rights to make the rules.
“Democrats took aim at the Oklahoma Constitution, established precedent, and the clear will of Oklahomans today,” Walters said in a statement after the committee meeting. “Democrats will stop at nothing to take back control of our children's education. On behalf of Oklahoma students, our Oklahoma families will never bow to their demands.”
According to a 2023 opinion written by Attorney General Gentner Drummond, state agencies must first pass legislation before state agencies can enact administrative rules.
The Walters administration cited the Department of Education's general policy on the public school system as reasons for declaring “fundamental values” centered on the Creator and creating new rules, such as applying state test results to accreditation. enumerated authority.
Mr. Drummond's opinion argues that this is insufficient legal basis for rulemaking.
“It doesn't matter whether I agree or disagree with the specific regulations at issue, unless the board has the appropriate authority to issue those regulations,” Drummond said after issuing his opinion last year. said. “The Legislature is vested with policy-making authority. I will not allow any state agency, board, or commission, no matter how well-intentioned, to usurp Congress's legitimate role.”
Sen. Michael Bergstrom (R-Adair), the committee chairman, said the Senate committee would conduct its own review of the Department of Education regulations, keeping the attorney general's position in mind.
“I certainly respect the attorney general,” Bergstrom said. “But as members of the committee, we will assess the situation ourselves. We have that responsibility as members of Congress.”
After the committee meeting, Bergstrom said state officials “provided numerous references to other sources for rulemaking authority beyond the AG's opinion.” He said it was “unfortunate” that there was so little debate about the merits of the rules.
Leaders of both the House and Senate committees on administrative rules said they intend to vote on the agency's proposal.
The House Administrative Rules Committee is scheduled to meet on Monday to discuss any concerns.
“Whenever there's something controversial, we always try to have members look at it from both sides of the aisle so we can get good perspectives from both sides,” said Rep. Gerrid Kendricks, the committee's chairman. Republican Party, Altus) said. .