OKLAHOMA CITY (KFOR) — State lawmakers say the legal fight over former State Superintendent Ryan Walters’ controversial social studies standards should never have reached the Oklahoma Supreme Court, arguing legislative leaders failed to act even after concerns surfaced across party lines.
The Oklahoma Supreme Court ruled Tuesday the State Board of Education violated the Open Meeting Act in March when it voted to approve new social studies standards quietly changed by then–State Superintendent Ryan Walters.
As News 4 previously reported, Walters added requirements to teach 2020 “stolen election” theories and stories from the Bible to the state’s social studies standards after presenting board members with a different version that did not include those changes.
Walters did not tell board members he added those requirements in the hours leading up to the March board meeting, when the board voted to approve the standards and send them to the state Legislature.
Lawmakers ultimately decide whether standards are adopted or rejected.
“And so you did see an effort from certain state legislatures,” said State Rep. Melissa Provenzano, D-Tulsa. “I know the House and Senate, Senate Democrats filed resolutions saying we need to repeal these standards.”
Provenzano said the opposition was not limited to Democrats.
“I also know Senator Pugh, [R-Edmond], had filed a resolution,” Provenzano said.
Those resolutions could only move forward if House and Senate leadership agreed to hear them.
“None of those got heard in the end,” said State Senate Democratic Leader Sen. Julia Kirt, D-Oklahoma City. “And that’s a choice made by Republican leaders not to hear those bills.”
With no legislative vote to reject the standards, they automatically went into effect.
A lawsuit followed and eventually reached the Oklahoma Supreme Court.
In a 5–4 decision, four dissenting justices argued the Legislature has final authority and, because lawmakers did not object, the standards should remain in place.
The five justices in the majority instead focused on the Open Meeting Act violation, ruling the standards were never valid because changes were added to the meeting agenda less than a day before the vote.
“That it’s a fascinating technicality that saved our bacon on that, isn’t it?” Provenzano said.
Provenzano said the issue should not have had to reach the Supreme Court and argued legislative leaders should have allowed a vote to check the superintendent’s power.
“I think there is in our country there’s a fear of political retribution,” Provenzano said. “And it’s silly to me that here in the state of Oklahoma that we would worry about maintaining power.”
News 4 reached out to Senate President Pro Tem Lonnie Paxton, but his office said he was unavailable to talk.
In a statement, a spokesperson for House Speaker Kyle Hilbert told News 4:
“We respect the Supreme Court decision and will consider new standards when they are sent to us by the State Board of Education for consideration.”