Oklahoma

State constitutional guarantees regarding right to education

• Article I, Section 5 of Oklahoma’s constitution provides: “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; and said schools shall always be conducted in English: Provided, that nothing herein shall preclude the teaching of other languages in said public schools.”

• Article XIII of Oklahoma’s constitution is titled “Education” and contains numerous subsections regarding rights to education in the state:

  • Article XIII-1: Requires the legislature to “establish and maintain a system of free public schools wherein all the children of the State may be educated.”

  • Article XIII-1a: Requires the legislature to 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.” It contains additional language regarding how to apportion the funds between school districts.

  • Article XIII-2: Requires the legislature to provide for the establishment and support of institutions for the deaf, mute, and/or blund.

  • Article XIII-3: Repealed

  • Article XIII-4: Requires the legislature to make school attendance by all children in the state between eight and sixteen years old compulsory for at least three months in each year, “unless other means of education are provided.”

  • Article XIII-5: Establishes a Board of Education for Oklahoma’s public schools

  • Article XIII-6: Requires the legislature to create and distribute textbooks

  • Article XIII-7: Requires instruction in agriculture, horticulture, stock feeding, and domestic science

  • Article XIII-8: Establishes the Board of Regents of the University of Oklahoma

Case law and legislative history defining and interpreting the right to education

• Fair School Finance Council of Oklahoma, Inc. v. State, 746 P.2d 1135 (1987): Articles XIII-1 and XIII-1a do not guarantee equal expenditures per student, but only require the legislature to establish and maintain a system of free public schools.

• Independent School District # 52 of Oklahoma County v. Hofmeister, 473 P.3d 475 (2020): Under Article XIII-1a, appropriations exceeding the $42 per capita minimum are discretionary and legislative, not constitutional.

• Oklahoma Educ. Ass'n v. State ex rel. Oklahoma Legislature, 158 P.3d 1058 (2007): Challenges to legislative funding are non-justiciable because the legislature has discretion in determining funding levels for public education (so long as the legislature complies with the minimum spending cap).

• Grimes v. City of Oklahoma City, 49 P.3d 719 (2002): Article XIII does not limit funding sources to only state funds. Municipalities can contribute as well. 

• Drummond ex rel. State v. Oklahoma Statewide Virtual Charter Sch. Bd., 2024 OK 53, ¶ 14, 558 P.3d 1, 9, cert. granted sub nom. Oklahoma Statewide Charter Sch. Bd. v. Drummond, 145 S. Ct. 1134, 220 L. Ed. 2d 428 (2025), and cert. granted sub nom. St. Isidore of Seville Cath. Virtual Sch. v. Drummond ex rel. Oklahoma, 145 S. Ct. 1134, 220 L. Ed. 2d 428 (2025): Article XIII-1 delegates this authority to the legislature, which has the authority to pass legislation defining charter schools as public schools.

• School Dist. No. 25 of Woods County v. Hodge, 199 Okla. 81 (1947): Under Article XIII-5, the Board of Education’s supervisory powers are subject to legislative prescription.

• Western Heights Independent School District No. I-41 of Oklahoma County v. State ex rel. Oklahoma State Department of Education, 518 P.3d 531 (2022): Legislature has plenary power to create, abolish, or change school districts and delegate authority to the State Board of Education under Article XIII-5 to enact rules within prescribed legislative standards.

• Board of Regents for Oklahoma Agr. and Mechanical Colleges for and on Behalf of Murray State College of Agriculture and Applied Science v. Oklahoma State Regents for Higher Ed., 497 P.2d 1062 (1972): No constitutional prohibitions against legislative changes to the functions and governance of state universities and colleges.

• Title 70 of the Oklahoma legislative code is the “Oklahoma School Code” and it contains several thousand subsections, some of which relate to the right to education and/or discrimination. Title 210 of the Oklahoma Administrative Code also governs the State Department of Education and contains similar provisions. For example:

• Oklahoma School Code Section 13-301: Requires school districts to provide special education and related services for children with disabilities.

• Oklahoma School Code Section 24-157: Prohibiting teachers, administrators, and school district employees from requiring or incorporating into courses concepts that promote race or sex stereotyping or bias.

• Oklahoma School Code Section 3-136: Charter schools are also required to comply with federal and state laws relating to the education of children with disabilities.

• Oklahoma Administrative Code 210:10-1-23: Establishes policies prohibiting discrimination based on race or sex in public schools and prohibiting the State Department of Education from providing resources or support to public schools that incorporate discriminatory concepts.

• Oklahoma Administrative Code 340:75-6-50: Education for children with disabilities must be provided in the least restrictive setting possible.

State constitutional protections regarding non-discrimination and equity

• Article II-36A: “A. The state shall not grant preferential treatment to, or discriminate against, any individual or group on the basis of race, color, sex, ethnicity or national origin in the operation of public employment, public education or public contracting.”

• Article II-7: “No person shall be deprived of life, liberty, or property, without due process of law.” 

  • Gladstone v. Bartlesville Independent School Dist. No. 30 (I-30), 66 P.3d 442 (2003): Article II-7 is meant to safeguard against arbitrary discrimination by the Oklahoma government.

  • State ex rel. Oklahoma State Board of Behavioral Health Licensure v. Vanita Matthews-Glover, LPC, 455 P.3d 16 (2019): Strict scrutiny applies to legislative classifications that disadvantage suspect classes, like race, alienage, or ancestry, or that interfere with fundamental rights. Otherwise, rational basis review applies.

• Article V-46 and V-59: When read in conjunction, these sections require that Oklahoma laws operate uniformly on all members of a class. The Oklahoma Supreme Court has interpreted these provisions to mean remedies for discrimination must be applied uniformly across all individuals in a class. EOG Resources Marketing, Inc. v. Oklahoma State Bd. of Equalization, 196 P.3d 511 (2008).

Other relevant state constitutional civil rights protections

• Article II-6: “The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation, and right and justice shall be administered without sale, denial, delay, or prejudice.” This provision ensures equal access to the courts.

• Article II-5: Prohibits the use of public money for the benefit or support of any religious institution.

Article V-46: Prohibits special laws that regulate judicial or evidentiary proceedings in a manner that applies only to specific cases or individuals, ensuring that all litigants are treated equally.

State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)

• Oklahoma does not have a specific statute that mirrors Title VI, Title IX, Section 504, or the Equal Educational Opportunities Act (EEOA)

  • However, there are policies in place to govern the application of the Federal protections guaranteed by Title VI, Title IX, and Section 504.

  •  Section 504 Oklahoma Enforcement

  • Okla. Stat. tit. 70, § 1210.201: prohibits segregation in public schools on the basis of race, creed, color, or national origin 

  • Okla. Admin. Code 210:40-11-1: Oklahoma’s Sex De-Segregation Project intended to assist in compliance with Title IC 

• Notably, although there is an Oklahoma Anti-Discrimination Act (AODA), it focuses on prohibiting discrimination in employment, housing, and public accommodations based on protected characteristics. Okla. Stat. tit. 25, § 1101.

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

• Oklahoma’s protections for students’ civil rights beyond the federal requirements are limited. However, Oklahoma has enacted—or recently attempted to enact--several statutes that may limit the protections for LGBTQ+ students and undocumented students:

•   Okla. Stat. tit. 70, § 24-157(B):

  •  This statute prohibits the teaching of certain concepts pertaining to race, gender, and sexuality in public schools. Specifically, this statute forbids a school to require or make part of the course the following concepts:

1. one race or sex is inherently superior to another race or sex,

2. an individual, by virtue of his or her race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously,

3. an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex,

4. members of one race or sex cannot and should not attempt to treat others without respect to race or sex,

5. an individual's moral character is necessarily determined by his or her race or sex,

6. an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex,

7. any individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race or sex, or

8. meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race.

• This statute has been heavily criticized for its potentially negative impacts (and apparent intent) to prohibit conversations regarding implicit bias, systemic racism, and intersectionality. Federal Court Partially Halts Oklahoma’s Classroom Censorship Law, ACLU (June 16, 2024), https://www.aclu.org/press-releases/federal-court-partially-halts-oklahomas-classroom-censorship-law.

• In a recent case the W.D. Oklahoma preliminarily enjoined the enforcement of several provisions of Oklahoma  Stat. tit. 70, § 24-157, including as to those sections applicable to grades k-12, §§ 24-157(B)(1)(c) & (d). Black Emergency Response Team v. Drummond, 737 F. Supp. 3d 1136, 1157 (W.D. Okla. 2024)

• This statute is reflected in Okla. Admin Code 210:10-1-23 which incorporates the above and further states that: “It shall be the policy of the Oklahoma State Board of Education to prohibit discrimination on the basis of race or sex in the form of bias, stereotyping, scapegoating, classification, or the categorical assignment of traits, morals, values, or characteristics based solely on race or sex. Public schools in this state shall be prohibited from engaging in race or sex-based discriminatory acts by utilizing these methods, which result in treating individuals differently on the basis of race or sex or the creation of a hostile environment.”

• Okla. Stat. tit. 70 § 1-125 (Formerly Known as Oklahoma Senate Bill 615 and colloquially known as Oklahoma’s School Bathroom Bill).

  •  This statute requires public school and public charter schools for grades k-12 to require multiple occupancy bathrooms to be designated as for either (1) the exclusive use of the male sex; or (2) exclusive use of the female sex. The act defines “sex” as the “physical condition of being male or female based on genetics and physiology, as identified on the individual’s original birth certificate” Okla. Stat. tit. 70, § 1-125(A)(1).

  • Under the Act, if a student does not whish to comply with the above, “a reasonable accommodation” will be provided in the form of “access to a single occupancy restroom or changing room.”

  •   In January 2024, the Western District of Oklahoma found that Senate Bill 615 did not violate the Equal Protection Clause of the Fourteenth Amendment or Title IX. Bridge on behalf of Bridge v. Oklahoma State Dep’t of Educ., 711 F. Supp. 3d 1289, 1294 (W.D. Okla. 2024). The court dismissed the plaintiffs’ case for failure to state a claim. Id. at 1299; Bridge on behalf of Bridge v. Indep. Sch. Dist. No. 40 of Cleveland Cnty., Oklahoma, No. CIV-22-00787-JD, 2024 WL 1242491 (W.D. Okla. Mar. 22, 2024). Plaintiffs have filed an appeal with the Tenth Circuit.

  • This law has been widely criticized for hindering the civil rights of transgender students in public schools in Oklahoma. See, e.g., Andy Rose and Paul LeBlanc, Oklahoma GOP governor signs anti-transgender bathroom bill into law,  CNN, https://www.cnn.com/2022/05/25/politics/oklahoma-anti-transgender-bathroom-law-signed-stitt (May 25, 2022).

• “Save Women’s Sports Act” (Okla. Stat. § 27-106 (effective March 30, 2022): This statute prevents those who were not assigned the biological sex of “female” at birth from participating in athletic teams for females, women, or girls in public schools or public charter schools. 

  • Under this statute, parents or guardians must sign an affidavit for a student who competes on an athletic team attesting to the biological sex of the student at birth. If there is any change in the status of the biological sex of the student, the parent/guardian must inform the school within 30 days. 

  • Remedies Provided Under this statute:

    • “Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of paragraph 1 of this subsection shall have a cause of action for injunctive relief, damages and any other relief available permitted by law against the school.” Okla. Stat. § 27-106(E)(2). 

    • “ Any student who is subject to retaliation or other adverse action by a school, school athletic association or intercollegiate association as a result of reporting a violation of paragraph 1 of this subsection to an employee or representative of the school, school athletic association or intercollegiate association or to any state or federal agency with oversight of schools in this state shall have a cause of action for injunctive relief, damages and any other relief available permitted by law against the school, school athletic association or intercollegiate association.” Okla. Stat. § 27-106(E)(3).

    • “Any school that suffers any direct or indirect harm as a result of a violation of paragraph 1 of this subsection shall have a cause of action for injunctive relief, damages and any other relief permitted by law against the State Board of Education, the Oklahoma State Regents for Higher Education, school athletic association or intercollegiate association.” Okla. Stat. § 27-106(F)(2)

    • “Causes of action authorized by this section shall be initiated within two (2) years after the harm occurred. Persons or associations that prevail on a claim brought pursuant to this section shall be entitled to monetary damages including for any psychological, emotional and physical harm suffered, reasonable attorney fees and costs and any other appropriate relief permitted by law.” Okla. Stat. § 27-106(G).

• Failed Citizenship Disclosure Requirement (proposed revision to Okla. Admin Code 210:10-1-5). In January 2025, the Oklahoma Board of Education voted to enact a policy that would require parents to report their immigration and citizenship status when enrolling in public schools. The proposal was ultimately struck down by the Oklahoma House of Representatives. 

  • See Illeana Najarro, What Happened to Oklahoma’s Effort to Count Undocumented Students, EdWeek (May 27, 2025), https://www.edweek.org/policy-politics/what-happened-to-oklahomas-effort-to-count-undocumented-students/2025/05

• A few statutory/regulatory protections include:

• Okla. Stat. Ann. tit. 70, § 24-160 (effective July 1, 2023): “A student enrolled in a public school district, a public charter school, or a technology center school may wear tribal regalia during the school's official graduation ceremonies, whether held at a public or private location.” However, “A school district board of education, a governing board of a charter school, a governing board of a technology center school, or the board of regents of an institution within The Oklahoma State System of Higher Education may adopt a policy pursuant to the provisions of this section, which may specify the characteristics of any garment, jewelry, other adornment, or object that the school or institution finds will endanger the safety of a student or others or interfere with graduation ceremonies if worn by a student.”

• Oklahoma Religious Freedom Act (Okla. Stat. tit. 51, § 253) provides that “no governmental entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability” unless it demonstrates that the application of the burden is “1. Essential to further a compelling governmental interest; and 2. The least restrictive means of furthering that compelling governmental interest.”

  • Under the Oklahoma Religious Freedom Act, “it shall be deemed a substantial burden to exclude any person or entity from participation in or receipt of governmental funds, benefits, programs, or exemptions based solely on the religious character or affiliation of the person or entity.” Okla. Stat. tit. 51, § 253(E).

  •  In 2015, the N.D. Oklahoma denied a preliminary injunction to a Native American student who claimed that the school’s refusal to allow her to attach an eagle feather, given to her by the tribal leader, to her graduation cap violated Okl. Stat. tit. 51 § 256. Griffith v. Caney Valley Pub. Sch., No. 15-CV-273-GKF-FHM, 2015 WL 2451226, at *6 (N.D. Okla. May 21, 2015).

• Oklahoma Admin Code §210-15-35-2: This regulation requires school districts to comply with federal laws and implement procedures for identifying English Language Learner students.

  • Oklahoma is a member of the WIDA Consortium

  •  The calendar for the Office of English Language Proficiency Assessment, as well as other guidance is located here.

• Okla. Stat.. tit. 70, § 13-101: “It shall be the duty of each school district to provide special education and related services for all children with disabilities as herein defined who reside in that school district in accordance with the Individuals with Disabilities Education Act (IDEA).”

  • Parents may raise violations of the IDEA part B with local school districts or the Oklahoma State Education Agency. However, if a parent files a State Complaint and a Due Progress Complaint on the same issue, the State Complaint will be held in abeyance until a hearing on the Due Process Complaint is completed. See Parent Rights: Special Education Services, Oklahoma.gov (Sep. 2024), https://oklahoma.gov/content/dam/ok/en/osde/documents/services/special-education/parents-rights/Parent%20Rights%20-%20September%202024.pdf. 

  • Oklahoma has some State requirements that exceed the requirements imposed by the IDEA. A break down of these differences can be found on the Oklahoma State Department of Education’s Website, or in the Oklahoma State Department of Education, Special Education Services Policies and Procedures (2024), https://oklahoma.gov/content/dam/ok/en/osde/documents/services/special-education/Final%20version%20Policies%20Procedures%20August%202024%20V2.pdf

• Okla. Stat. tit. 70  § 120.171:  “It shall be the right of every child who is deaf or so hard of hearing that he cannot participate in the regular public school program to receive an appropriate education at the expense of the State of Oklahoma.”

• School Safety and Bullying Prevention Act (Okla. Stat. tit. 70  § 24-100.4: Requires each board of education to adopt a policy for discipline of students and investigate bullying. 

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

• Oklahoma has a variety of statutes and law regarding “discipline” and compliance with laws in schools

  • Okla. Stat. tit. 70  § 24-102 (Pupils-Searches): “The superintendent, principal, teacher, or security personnel of any public school in the State of Oklahoma, upon reasonable suspicion, shall have the authority to detain and search or authorize the search, of any pupil or property in the possession of the pupil when the pupil is on any school premises, or while in transit under the authority of the school, or while attending any function sponsored or authorized by the school, for dangerous weapons, controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act,1 alcoholic beverages, as defined in the Oklahoma Alcoholic Beverage Control Act,2 or for missing or stolen property if the property is reasonably suspected to have been taken from a pupil, a school employee or the school during school activities. The search shall be conducted by a person of the same sex as the person being searched and shall be witnessed by at least one other authorized person, said person to be of the same sex if practicable.” Okla. Stat.  tit. 70, § 24-102. 

    • In NO event are strip searches of students allowed. Okla. Stat.  tit. 70, § 24-102 (B). 

    • Students do not have a reasonable expectation of privacy in lockers, desks, or other school property, which may be searched at any time.  Okla. Stat.  tit. 70, § 24-102 (D)

    • Violations may result in out-of-school suspensions pursuant to  Okla. Stat.  tit. 70, § 24-101.3.

  • Reporting of Students Under the Influence (Okla. St. tit. 70,  §  24-138); Public school teachers must file a report when a student appears to be under the influence of alcohol. 

    • No civil liability for school district, board, or teachers for such reports  unless the referral was made in bad faith or with malicious purpose. 

Anti-discrimination protections under state human rights statutes

•  Although there is an Oklahoma Anti-Discrimination Act (AODA), it focuses on prohibiting discrimination in employment, housing, and public accommodations based on protected characteristics. Okla. Stat. tit. 25, § 1101.

Private right of action provisions under state civil rights and human rights statutes

• Oklahoma’s School Bathroom Bills ( Okla. Stat. tit. 70, § 1-125) provides a cause of action to parents, stating that: “A parent or legal guardian of a student enrolled in and physically attending a public school district or public charter school shall have a cause of action against the public school district or public charter school for noncompliance with the provisions of subsections B, c, and D of this section.” Okla. Stat. tit. 70, § 1-125(G).

•  Okla. Stat. tit. 70, § 24-157:  It is unclear this statute creates a private right of action. However, at least one court has expressed doubt, but not clearly decided, that HB 1175 (codified as 70 O.S. § 24-157) creates a private right of action, indicating that it found no “legislative intent, either implied or explicit, in HB 1775 to create a private remedy for violations of said statute.” Stepp v. Talihina Pub. Sch. Dist., No. 6:24-CV-146-JAR, 2025 WL 1238367, at *20 (E.D. Okla. Apr. 29, 2025) (dismissing claim for a 70 O.S. § 24-157 for failure to state a claim).

  • Okla. Admin. Code 210:10-1-23(g): A parent may file a complaint alleging a violation of this provision, or Okla. Stat. tit. 70 § 24-157 with the Public School or directly with the State Department of Education. 

  • Okla. Admin. Code 210:10-1-23(k): “No individual shall be retaliated against for: 1) filing a complaint pursuant to subsections (g)(1) or (h)(2) of this rule; 2) exercising any right or privilege conferred by or referenced within this rule; or 3) exercising any right or privilege secured by a law referenced in this rule. Public Schools shall be prohibited from retaliating against any student, parent, Public School employee or any other individual for filing a complaint of exercising any right conferred by or referenced in this rule. (1) Any school employee who retaliates against a complainant shall be subject to disciplinary action pursuant to subsection (j) of this rule. (2) The State Department of Education shall be authorized to investigate complaints or retaliation filed under subsection (h)(2) of this rule.” 

• Okla. Stat. tit. 70, § 27-106(E): Provides students a cause of action for injunctive relief, damages, or any other relief permitted by law against the school. 

• Tort claims against school personnel may be brought but will be subject to the Georgia Tort Claims Act. “Under the GTCA, only a governmental entity or political subdivision can be liable for a tort committed by an employee while acting within the scope of employment.” Stepp v. Talihina Pub. Sch. Dist., No. 6:24-CV-146-JAR, 2025 WL 1238367, at *17 (E.D. Okla. Apr. 29, 2025)

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?

• Oklahoma’s Anti-Discrimination Act (AODA), which focuses on prohibiting discrimination in employment, housing, and public accommodations based on protected characteristics, is generally understood to allow for claims based on disparate impact. Okla. Stat. tit. 25, § 1101.

Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

• School districts, organizations, and individuals have standing to enforce violations of the constitutional rights to education when they allege an injury in fact to a cognizable legal interest, a causal connection between the injury and complained-of conduct, and redressability. See, e.g., Indep. Sch. Dist. # 52 of Oklahoma Cnty. v. Hofmeister, 2020 OK 56, ¶ 73, 473 P.3d 475, 506.

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

• The authorities above do not specifically mention retaliation, but a retaliation claim can be grounded in a due process claim, see, e.g., Hoerman v. W. Heights Bd. of Educ., 1995 OK CIV APP 130, ¶ 8, 913 P.2d 684, 687 or in a federal Title VII claim. See, e.g., J.W. v. Indep. Sch. Dist. No. 10 of Dewey Cnty., 2021 OK CIV APP 34, ¶ 5, 500 P.3d 649, 655. 

• An aggrieved individual, his or her attorney, or nonprofit organization chartered for the purpose of combatting discrimination can also file a complaint with the Attorney General’s Office of Civil Rights Enforcement (see more below). Okla. Stat. tit. 25, § 1502. 

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

• Constitutional claims against the state are subject to the Oklahoma Government Tort Claims Act, which has a one-year statute of limitations. 51 Okl.St. § 156.

• If filing a complaint with the Attorney General’s Office of Civil Rights Enforcement, the complaint must be filed within 180 days after the alleged discriminatory practice occurs (see more below). See Okla. Stat. tit. 25, § 1502. 

Are there areas where the state laws provide more protections than federal law? What are those areas? 

• Oklahoma has greater constitutional protections for the right to education than the United States government. The federal constitution does not have protections relating to the right to education.