Oklahoma Common Core Repeal Being Challenged in Court

The Oklahoma  State Board of Education (sans Bill Price and Kathryn Franks) along with some teachers and parents have filed a lawsuit in order to stop the Common Core repeal that Governor Mary Fallin signed earlier this month.  It will be heard before the Oklahoma Supreme Court on July 14th at 10:30am.

Jenni White of Restore Oklahoma Public Education (ROPE) summarized the lawsuit in an email sent out today:

Basically, the lawsuit asserts the role of the Oklahoma legislature in reviewing our new education standards (after creation in two years’ time) is unconstitutional.  Please see my blog as to why this assertion is ludicrous and why this lawsuit could have far reaching ramifications on school choice and pre-K programming.  It could also chill the ability of your voice to be heard on any board, council or rule-making body by silencing the voice of the legislator, thereby promoting legislation via bureaucracy.

White also included an action item for readers.

ROPE has retained two separate attorneys to write Amicus briefs on behalf of all those who worked so hard to stop Common Core in Oklahoma.  We will be contacting you soon to ask for help in financing these actions.  In the meantime, we are asking you to write your own state Senator and Representative and ask them who will represent the state’s interest in this lawsuit.

Currently, the only attorneys of record are those representing the plaintiffs!  Why are there no attorneys representing the respondents; Senate Pro Temps Brian Bingman, Speaker of the House Jeff Hickman, the State of Oklahoma and the Oklahoma State Department of Education – the position that represents OUR interests?  Is this lawsuit to go unchallenged? The way we understand it, Amicus briefs and respondent responses are due in the court by JULY 9th!  We have no time to waste!

Here is a suggested letter:

Dear Senator/Representative,

June 5th, Governor Mary Fallin signed HB3399 – the repeal of the Common Core State Standards in Oklahoma – into law.  Currently, a challenge is being mounted against the bill in the Oklahoma Supreme Court.  With no representation listed for the respondents in the case, who will defend the interests of the state – OUR interests? 

As reflected by the overwhelming votes FOR HB3399 at the end of this session, Oklahomans DO NOT WANT Common Core.  Please ask how Oklahoma will be represented in this lawsuit and let me know.  This lawsuit is about more than Common Core.  If won, far reaching ramifications on school choice and pre-k programs in our state could be seen – as well as removing YOUR voice and the voice of the people – from any number of boards, councils and rule-making bodies.  It must be defended.

Thank you for your time and attention to this matter.


If you would like to address your Senator or Representative based on their vote on HB3399, you can find that here.