School Funding Suit Filed Against State of Oklahoma

Claiming that the State of Oklahoma is violating its own constitution's education article, the Oklahoma Education Association (OEA) and three Oklahoma school districts filed a lawsuit in January against the state and its legislative leaders. Plaintiffs contend that the current level of state funding is inadequate for both instructional and capital needs and that “such inadequacies deprive Oklahoma 's children of the . . . opportunity to receive the public education prescribed by the Oklahoma Constitution.”

Plaintiff Allegations

In their Complaint, plaintiffs allege that Oklahoma has enacted numerous standards-based curricula and accountability measures that schools are required to meet and that the federal NCLB law has added to these requirements. Plaintiffs allege, however, that the state funding system leaves school districts short of the resources they need to provide their students the opportunity to reach the standards, and thus causes students to attend schools with oversized classes, out-of-date and insufficient numbers of books, and limited curriculum and programs. Also, plaintiffs claim the state has hired education finance experts to conduct cost studies which have identified significant under funding, although the state has not released the results.

Plaintiffs ask the court for declaratory and injunctive relief, including an order that directs the state to develop a “system of education funding which is adequate and which affords each child in Oklahoma an equal opportunity for a basic, adequate education . . . .”

Reactions

Many state legislators were displeased with the lawsuit, and some hope to block it by amending the state constitution. As reported in The Oklahoman, Representative Ernest Istook wants to put such an amendment on the November ballot. “Gov. Brad Henry and many others would like to stop the lawsuit,” said Paul Sund, the governor's communications director. “But it's not clear whether after-the-fact legislation would have any real impact on the situation,” The Oklahoman said, and Senator Clark Jolley doesn't want legislators to have any discussions with the plaintiff OEA.

Oklahoma Constitution

The state constitution provides that: “[T]he Legislature shall establish and maintain a system of free public schools wherein all the children of the State may be educated.”

Prepared by Molly A. Hunter, January 31, 2006