OK Supreme Court Says Common Core Repeal Law is Constitutional

Sen. Josh Brecheen, Solicitor General Patrick Wyrick and
Rep. Jason Nelson

OKLAHOMA CITY – State Rep. Jason Nelson, R-Oklahoma City, issued the following statement on the State Supreme Court's decision today that House Bill 3399 that repealed Common Core is constitutional. Following a public hearing this morning, the Oklahoma Supreme Court issued a "Memorandum Opinion" this afternoon confirming the constitutionality of HB 3399. In its brief opinion the court stated, "HB 3399 is not unconstitutional under either art. 13, §5 or art. 4, §1 of the Oklahoma Constitution." Nelson was the House co-author of House Bill 3399.

"The Supreme Court made the right decision today. I thought the justices asked great questions hitting all the salient points during the hearing this morning and I felt good about our case after the hearing. The arguments in favor of the constitutionality of the law are strong and left little doubt that the decision would be favorable. 

“I've believed from the beginning that this legal challenge was baseless and have said so since it was filed. The legal arguments against House Bill 3399 were thoroughly researched by the authors and determined to be baseless when the National Association of State School Boards, an out-of-state organization supporting the national implementation of the Common Core State Standards, first raised them in March. 

“I'm grateful to Attorney General Scott Pruitt and his staff, specifically Solicitor General Patrick Wyrick and Assistant Solicitor General Cara Rodriguez, for their outstanding legal defense of this legislative action. I'm also grateful to those individuals and organizations who voluntarily offered their perspectives to the Court by filing legal briefs in defense of the law. 

“The confusion caused by this lawsuit has been unfortunate as educators around the state have been busy preparing for the next school year, which is weeks away. The Court’s opinion today removes any uncertainty. Based on the many educators I know personally, I have no doubt that Oklahoma’s teachers are more than capable of making the necessary adjustments and will be more than ready when children, mine included, begin showing up after the summer break.”

State Sen. Josh Brecheen, R-Coalgate, Senate author of House Bill 3399, issued the following statement:

“The Court’s ruling today upholding the constitutionality of House Bill 3399 is a win for students, parents and teachers.  

“Solicitor General Patrick Wyrick masterfully relayed to the Court that the Board of Education, through Article 13, is given the authority to supervise instruction, emphasizing they may do so ‘as prescribed by law,’ akin to the way a construction project manager supervises an architect’s blueprints.  

“Today, the Court upheld HB 3399 on the grounds that the legislature can send the proposed new standards back with instructions to the board. HB 3399 will allow the board much more input into the education of Oklahoma’s children than the 2010 Common Core legislation did.  

“Further, one of the Justices correctly pointed out, that the authors of Oklahoma’s Constitution were concerned about the potential for abuse by non-elected, unaccountable appointees of the Executive branch, and so ensured the will of the people would be upheld through legislative oversight, which is exactly what HB 3399 will allow concerning education in our state.”

State Sen. Anthony Sykes, R-Moore, issued the following statement:

“I am pleased with today’s opinion in favor of House Bill 3399. The Oklahoma Constitution is abundantly clear in granting the Legislature the authority contained in HB 3399. The lawsuit brought by the plaintiffs is a textbook example of a “frivolous” lawsuit. I look forward to working further with Senator Brecheen, Representative Nelson and other like- minded conservative legislators in returning Oklahoma education to Oklahomans.”

Governor Mary Fallin issued the following statement: 

“Today the Supreme Court ruled that House Bill 3399, which repeals Common Core and directs the state of Oklahoma to develop new academic standards, is constitutional in its entirety. This bill has now been passed with large legislative majorities, signed by the governor, and reviewed by the courts. It is now time for parents, teachers, school administrators and lawmakers to work cooperatively to implement this law. We need all parties working together to ensure that Oklahoma's new standards are rigorous and can be realistically integrated into the classroom. Working together, I know that we can design Oklahoma standards that live up to a level of excellence our parents and students expect and deserve."

Related post: Lawsuit filed challenging Common Core repeal, Nelson responds