The Oklahoma State Department of Education says it is not dragging its feet when it comes to adopting permanent rules for public schools based on a controversial new law intended to limit instruction on race, gender and history.
Nineteen Republican state House members and nine Republican state senators wrote State Superintendent Joy Hofmeister and issued a press release earlier this month saying that it was “past time” the state agency she runs begins the rulemaking process to replace emergency rules put in place in July.
“Given that we are now halfway through the 2021-22 school year, the members signed below believe it is past time for the permanent rules to be published for the 30-day public comment period, as required by the Oklahoma Administrative Procedures Act,” the lawmakers’ letter states.
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“Given the importance of these rules, members of the Oklahoma legislature will be closely monitoring both the substantive changes the State Department of Education makes to existing emergency rules and the process the Department utilizes to submit permanent rules to the legislature for final approval.”
Asked about the letter, a spokeswoman for the Education department told the Tulsa World that Feb. 15 is the deadline for state agencies to publish their Notice of Rulemaking Intent in order to give enough time to complete a minimum 30-day public comment period, hold a public hearing, adopt the rules and submit them to the Legislature and governor via the online filing system by April 1.
“Our intent is and has always been to publish in December or January,” said the spokeswoman, Carrie Burkhart.
In a written statement to the World, Hofmeister reiterated her commitment to follow through on the adoption of permanent rules.
“First and foremost, I am opposed to critical race theory in schools and the adoption of any radical political agenda as part of K-12 curriculum,” she said. “As for the HB 1775 rules, the Oklahoma State Department of Education plans to follow the rulemaking process, as we always have. This process begins soon, and it will include the very important step of allowing public comment. In the meantime, the emergency rules, which have been approved by the State Board of Education and the governor, will stand.”
House Bill 1775 prohibits teaching that one race or sex is inherently superior to another and that anyone, by virtue of their race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously.
It was co-authored by Rep. Kevin West, R-Moore, and Sen. David Bullard, R-Durant, who both signed November’s letter to the state Department of Education.
As for consequences for a school’s failure to comply with HB 1775, the emergency rules already adopted state that “at a minimum” the state accreditation status of the school be downgraded to “Accredited with Deficiency” and that the school be given one academic year to correct such deficiencies.
Also, the state Department of Education could suspend the license or certificate of any school employee found to have violated HB 1775 or the adopted rules.
HB 1775 is the subject of a federal lawsuit filed last month.
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House Bill 1775 prohibits teaching that one race or sex is inherently superior to another and that anyone, by virtue of their race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously.
