Gov. Kevin Stitt approves controversial education rules backed by Ryan Walters – LLODO BLOG

Stitt’s decision marks a victory for state Superintendent Ryan Walters, who pushed agency rules that will allow the State Board of Education to downgrade the accreditation status of schools whose libraries contain explicit materials or “sexualized content” and allow parents to review and object to sex education materials.

The latter rule will also require school employees to notify parents of any changes to their child’s health, social or psychological development, including gender identity information, such as the pronouns the student uses at school.

Stitt also rejected a hot-button Oklahoma Health Care Authority rule requiring all medical providers to participate in a new statewide health information exchange, saying he believes the proposal was unconstitutional. 

A formal opinion from Attorney General Gentner Drummond limiting the rulemaking power of the superintendent and the State Board of Education could open the door for someone to sue over the new education rules. 

The opinion, requested by a GOP state lawmaker who has clashed with Walters, says the State Board of Education can adopt new agency rules only when directed to do so by the Oklahoma Legislature. Lawmakers did not direct Walters or the State Department of Education to pursue these new rules.

Drummond’s opinion did not specifically address whether the two rules in question are invalid, but said any rules crafted when the Walters-led State Board of Education oversteps its authority are null and void. 

Walters has maintained Drummond’s opinion doesn’t apply to the two rules in question. A spokesman for Drummond previously said the courts will ultimately have to decide if the Board of Education overstepped in approving any specific agency rule. 

When campaigning for office, Walters leaned into culture-war issues and repeatedly vowed to rid school libraries of “pornographic” books. Some lawmakers have pushed back on Walters’ claims that books with obscene content are prevalent in public schools. 

Walters praised Stitt for approving the rules. 

“These two rules that the Governor signed today provide teeth to my administration in our efforts to protect our parents and children from indoctrination by the Left,” Walters said in a statement. 

Under the new rule, districts would be required to have a written policy for reviewing library materials and responding to complaints. Most districts already have such policies.

Once a year, districts will also have to submit to the Department of Education a comprehensive list of all library materials available districtwide.

The State Board of Education could penalize districts who violate the rule.

A majority of the attendees at a March public hearing spoke out against the two rules proposed by Walters. 

Stitt said the education rules give parents a greater say in their children’s schooling and prevents districts from making sexualized content available to students. 

“The Department of Education went through a process to bring those rules to my desk, and I was happy to sign (them),” he said. 

The Oklahoma Legislature in May sent Stitt Senate Joint Resolution 22, which approved or disapproved various administrative rules submitted by state agencies. But the resolution did not approve or disapprove rules submitted by the Department of Education and the health information exchange rule submitted by the Health Care Authority. 

Stitt signed the resolution but was able to decide individually on the proposed Department of Education and Health Care Authority rules. 

Although he has supported a yearslong effort to implement a statewide health information exchange, Stitt rejected the Health Care Authority rule. 

Stitt said a state question passed in 2010 made it unconstitutional to force an individual, employer or health care provider to participate in a health care system. Because the rule implementing a health information exchange would have forced all licensed health care providers to participate, it was likely unconstitutional, Stitt said. 

The Health Care Authority was in a tough situation because the agency was just making rules to carry out a law passed by the Legislature, Stitt said. 

Some health care professionals opposed the blanket mandate and expressed concerns about patient privacy and provider costs to participate in the exchange.

“I told them to go back to the drawing board and make those rules more in line with our constitution, to give certain exemptions and not make it so stringent,” Stitt said. The governor said the rollout of the exchange could be delayed as a result, though he noted some providers are already signing up. 

A spokeswoman for the Health Care Authority is working with the Governor’s Office, lawmakers, the agency’s board and stakeholders on next steps to implement the exchange. The agency remains committed to creating a streamlined and holistic health care approach for Oklahomans, said spokeswoman Emily Long.