Oklahoma

There have been no recent developments in educational opportunity litigation in Oklahoma.

In 1987, in Fair Sch. Fin. Council of Oklahoma v. State the Oklahoma Supreme Court upheld the state system of school finance, holding that, though the constitution guarantees a right to a basic, adequate education, state funds do not have to be allocated on an equal per-pupil basis and the legislature has discretion to decide how to distribute state funds.

In 2007, in Oklahoma Education Association, et al. v. State of Oklahoma, plaintiffs’ challenge to the sufficiency and constitutionality of Oklahoma’s school funding system was dismissed by the Oklahoma Supreme Court, which found the claim was a non-justiciable political question.

“Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control.” Okla. Const. art. 1, § 5.

“The Legislature shall establish and maintain a system of free public schools wherein all the children of the State may be educated.” Okla. Const. art. XIII, § 1.

“The Legislature shall, by appropriate legislation, raise and appropriate funds for the annual support of the common schools of the State to the extent of forty-two ($42.00) dollars per capita based on total state-wide enrollment for the preceding school year. Such moneys shall be allocated to the various school districts in the manner and by a distributing agency to be designated by the Legislature; provided that nothing herein shall be construed as limiting any particular school district to the per capita amount specified herein, but the amount of state funds to which any school district may be entitled shall be determined by the distributing agency upon terms and conditions specified by the Legislature, and provided further that such funds shall be in addition to apportionments from the permanent school fund created by Article XI, Section 2, hereof.” Okla. Const. art. XIII, § 1a.

The Oklahoma Supreme Court stated in Miller v. Childers that the constitutional duty to “‘establish and maintain a system of free public schools wherein all the children of the state may be educated’ implies an efficient and sufficient system, with competent teachers, necessary general facilities, and school terms of such duration as may be necessary to properly implant in the minds of our youth such degree of learning that when the work is done they may be educated young men and women.” The “system” should provide “equal rights and privileges to all its youth to obtain such mental and moral training as will make them useful citizens in our great commonwealth.” 238 P. 204, 206 (1924).

The Oklahoma Supreme Court held in Sch. Dist. No. 25 of Woods County v. Hodge that State Aid was “intended to aid in assuring a minimum educational program for all children of the state” and was designed “to insure uniformity of opportunity to all children of the state to receive at least the degree of instruction embraced by the minimum program . . . .” 183 P.2d 575, 581 (1947).

In Fair Sch. Fin. Council of Oklahoma v. State, the Oklahoma Supreme Court concluded that “the right guaranteed in Article 13 § 1 is a basic, adequate education according to the standards that may be established by the State Board of Education.” 746 P.2d 1135, 1149 (1987).  However, the court concluded that “There is nothing in our previous decisions which suggests that the Legislature must provide equal expenditures per pupil in order to accomplish this objective.” Id. The court also concluded that Article 13 § 1 made it clear that “state funds do not have to be allocated to the districts on an equal per-pupil basis, but may be distributed as the Legislature sees fit.” Id. at 1150.

In Oklahoma Education Association, et al. v. State of Oklahoma, plaintiffs’ challenge to the adequacy of the state’s education funding under the state constitution education provisions was found to present a non-justiciable political question.

In 1998, Oklahoma began offering free, voluntary access to preschool programs for all 4-year-olds, becoming the second state to do so.

Enrollment in the Early Childhood Four-Year-Old program has steadily increased over the years, and the program is currently offered in 98 percent of school districts.  Since the 2003-2004 program year, Oklahoma has ranked first in the nation for serving the highest percentage of 4-year-olds in its state-funded preschool program.

The Oklahoma Early Childhood Four-Year-Old Program is rated an exceptionally high 9 out of 10 on the established quality indicators and served 71% of 4 year-olds in the 2009-2010 school year.

Funding for the Early Childhood Four-Year-Old Program is provided directly to public school districts through the state’s school finance formula.  Districts are reimbursed at the per-pupil rate with specific funding amounts or weights determined by the length of the program day and the age of the child. 

State Aid may also be advanced to school districts to provide startup funds for the implementation of early childhood programs.

Oklahoma also supplements federal Head Start programs. 

In addition, Oklahoma established the Pilot Early Childhood Program in the 2006-2007 school year.  The program is available year-round to at-risk children from birth to age 3.  This program is funded by public and private funds.

According to the National Institute for Early Education Research (NIEER), Oklahoma served 71% of all 4-year-olds in its state preschool program in 2009-2010. 

Quality Standards

The program meets 9 out of the 10 NIEER benchmarks. 

The program does not that teacher assistants have Child Development Associate degree, failing only this NIEER benchmark.

Teachers are required to have a Bachelor’s degree.  The program has a limited class size, an appropriate student to teacher ratio, and screening and referral services.  In addition, there is a monitoring and site visit program. 

There are no requirements for program evaluation. 

Oklahoma Statutes

Oklahoma Administrative Code

Oklahoma Department of Education