Last Updated on February 23, 2024, 11:52 AM | Published: February 23, 2024
Edmond Public Schools (EPS) sends this information as posted below:
Following a special board meeting today, the Edmond Public Schools Board of Education voted unanimously to file a petition asking the Oklahoma Supreme Court to determine if rules adopted and enforced by the State Board of Education, State Department of Education and State Superintendent Ryan Walters are valid under Oklahoma law. This action follows correspondence the district received on January 19th from the State Department of Education ordering EPS to remove books from its high school libraries. If the district does not remove the books from our school libraries, the State Department is threatening to downgrade the district’s accreditation. With today’s filing, EPS is not arguing the merits of any particular book, but is instead asking the Supreme Court to determine if the State Board of Education has the authority to lower a school district’s accreditation based on subjective opinions of high school library books.
At issue is a rule that the State Board of Education enacted regarding materials in school libraries. As the filing outlines, the State Board of Education does not have the power to enact the rule it is attempting to enforce. The Oklahoma Attorney General advised the State Board the rules would be unenforceable before they were enacted, and the legislature did not approve the rules as required under Oklahoma law. Although Governor Stitt administratively approved the rules, his approval does not give an invalid rule the force of law.
Since 1997, Edmond Public Schools has had a clear policy (EPS Policy #3600) for any parent to seek review and possible removal of materials in our libraries. U.S. Supreme Court decisions have also found that local school boards and superintendents may not unilaterally remove materials from public school libraries without following the policy of their district. The district’s legal counsel has advised that following the guidance from the State Department of Education to unilaterally remove the books would violate those rulings and our existing EPS policy, thereby opening the district to potential legal action. In short, the State Department of Education is requiring EPS to do something that is unlawful.
Edmond Public Schools also firmly believes in local control for school boards in Oklahoma and standing up for the laws passed by the State Legislature that guarantee that control. Simply put, this is a case of overreach where the State Department of Education has wrongly prohibited our locally elected school board from implementing and following its own policies regarding education and materials inside of our district. Decisions about the content of public school libraries are best left to the community served by that library, and the Oklahoma legislature has said as much.
This case is not about the content of any particular book in any public school library. Instead, this case is about the ability of the State Board of Education to decide what is or is not appropriate for a public school library without the Oklahoma legislature having given the State Board of Education that authority.
EPS legal counsel F. Andrew Fugitt said ”We do not advise our clients to run to the courthouse every time there is a legal dispute. Litigation is the method of last resort. However, when there is disagreement between the legislative and executive branches of our government, the Oklahoma Supreme Court is an appropriate venue to seek clarification of Oklahoma law. The district’s filing today seeks exactly that.” EPS Superintendent Dr. Angela Grunewald said “we did not ask to be in this position today but the district has little choice. If we remove the books without following long standing policy, we risk being sued and forfeiting local control. If we do not remove the books, we risk the SDE lowering the district’s accreditation. The district will always stand for local control and seek to protect the district’s accreditation for its students and parents. With this action, the district asks the Supreme Court to delay any action based on library books until the court determines if the rules upon which they are based are valid under Oklahoma law.”
About Edmond Public Schools (EPS)
Edmond Public Schools is home to a diverse student population of nearly 26,000 students who speak more than 80 languages. The district has more than 3,200 employees across 30 campuses. It’s the fourth largest public school district in the state and the City of Edmond’s largest employer. The district has a rich history of success including 11 National Blue Ribbon Schools of Excellence, 25 National Merit Semi-Finalists in the 2023-24 school year and more than 100 6A State Championships. EPS also has the longstanding support of the Edmond community highlighted by 62 consecutive bond issues passing over the past 50+ years.
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