Oklahoma Private Schools To Answer To The Feds? New OSDE Rules Appear To Say Just That.

Jenni White

Today I’ve been going through the NUMEROUS new rules that have been uploaded to the Oklahoma State Department of Education website in the last week. 

Midway down the page I found this:

Subchapter 17.  Federal Programs complaint procedures
210:10-17-1. Complaint Procedures [AMENDED]

Text of proposed rule
Rule Impact Statement

This is HUGE. 

You can click on the link above to bring up the changes to the rule. Remember, that rules are like legislation. Sentences that have been stricken with a line through them are going away and new sentences being added to the rule are underlined.

Note that most of the rule changes here appear to be simple ones made to the procedure for filing a complaint based on the Federal Title (rule) structure.  Our OSDE accepts federal funds for things like Title 1 programming that allows children to be fed at school on the public tax dollar – and much more.  I’ve written much about federal education law and how it takes away local control from parents on many fronts, one only has to search our previous blog linked in the right sidebar. 

If a public school parent believes their child is not getting services required by federal funding – such as that required for disabled children – they can file a complaint with the state and with the federal government. This rule above was originally written to make provisions for how to file such complaints.

What is HUGE is this: Under (b) covered programs, all the existing categories are revoked and new ones placed.  NEVER was this listed under covered programs previously, making it an entirely new category – (12) Part F, section 7881 of Title VIII (Participation by Private School Children and Teachers). 

WHAT?  Haven’t we heard Superintendent Walters say numerous times that he wanted to get away from taking federal funds?  In fact, in November of last year, here he is saying that he wouldn’t take federal funds that run counter to “Oklahoma values”. 

So, is it an Oklahoma value for an Oklahoma PRIVATE SCHOOL TO ANSWER TO THE FEDS?

What’s going on?  According to this rule, the OSDE must plan to take and disperse federal funds to private schools.  Why would there be a specific rule added so that private school-associated families can complain about private schools not following federal dictates if that weren’t the case? 

Unfortunately, this could make sense considering the Oklahoma Parental Tax Credit, because state tax dollars are going to pay tuition at private schools.  It’s NOT taxpayers getting their money back (in the vast majority of cases) these are public dollars going to enroll Oklahoma (hopefully) kids in private schools. 

Consequently, if public money is going to the private school, the private school would then fall under Federal education Title jurisdiction like a public school – especially if they choose to ask the OSDE to provide them federal funds.

And what’s great about Private schools getting public funds?  Here’s a screenshot from the Federal Department of Education Title regulations page.

So, while Ryan Walters wants to change OSDE rules to make sure prayer is acceptable in public schools, he apparently also accepts the plan to provide private schools with federal dollars, making them secular, neutral and nonideological in the process. So what is the point of having private (religious) schools then? 

I hope we will hear from the OSDE and Secretary Walters on this issue and somehow I will be proven completely wrong.  Until then, however, I think Oklahomans can only see this as an assault on the independence of our Private schools being allowed by our state through our Oklahoma State Department of Education.

FYI: A public hearing will be held at 10:00 a.m. on Tuesday, February 20, 2024, in Room 1-20 (State Board Room) at the Oliver Hodge Building, 2500 North Lincoln Boulevard, in Oklahoma City for the following rules. Also, you can write rules@sde.ok.gov to let them know what you think of the rule.