Oklahoma Supreme Court rules in favor of Common Core repeal
The Oklahoma Supreme Court issued a ruling Tuesday supporting the constitutionality of the law repealing Common Core academic standards.
by Rick Green, The Oklahoman
Modified: July 15, 2014 at 3:23 pm • Published: July 15, 2014
The Oklahoma Supreme Court on Tuesday ruled that a law repealing Common Core academic standards is constitutional, rejecting a claim that the Legislature overstepped its authority by giving itself the power to draft new benchmarks.
The ruling came a few hours after the court took oral arguments on a lawsuit contending the new law violated separation of powers provisions in the Oklahoma Constitution.
The state argued that House Bill 3399, which was signed into law in June by Gov. Mary Fallin, was constitutional. An attorney for the state said it fell squarely within the framework of Constitutional provisions giving the Legislature broad power to set rules and to supervise.
With the school year set to begin in a month, teachers, parents and students have a direct stake in the court ruling. This was one of the most controversial bills passed in the 2014 legislative session.
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Oklahoma Supreme Court opinion in Common Core repeal case
Having considered the application to assume original jurisdiction, petition for a writ, and request for declaratory relief along with the response thereto, the associated briefs of the parties, and all amici and other filings in the cause, THE COURT DETERMINES THAT:
1) We have jurisdiction over the parties and the subject matter and the issues are ripe for adjudication. Furthermore, the immediacy with which the school year will commence makes this an appropriate matter for the assumption of original jurisdiction. Oklahoma Farm Bureau v. State Bd. of Educ., 1968 OK 98, 444 P.2d 182.
2) HB 3399 does not violate art. 13, §5 or art. 4, §1 of the Oklahoma Constitution.
3) Having found HB 3399 constitutional, there is no need to address the issue of severability.
Original jurisdiction is assumed; HB 3399 is not unconstitutional under either art. 13, §5 or art. 4, §1 of the Oklahoma Constitution; and it is unnecessary to address the issue of severability.