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R-Oklahoma City, issued the following statement on the State Supreme Court's decision today that House Bill 3399 that repealed Common Core is constitutional.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

Nelson, Brecheen, Sykes Comment on Gov. Fallin Signing Common Core Repeal, Replacement

The following are statements from Rep. Jason Nelson, Sen. Josh Brecheen, and Sen. Anthony Sykes on the signing of House Bill 3399.

Statement from Rep. Jason Nelson, House coauthor:

“I’m grateful to Governor Fallin for signing House Bill 3399 today. Clearly Governor Fallin gave careful consideration to the concerns of so many Oklahoman’s on both sides of the debate, and made the right decision. Gov. Fallin has been a champion of high academic standards and from her comments after signing the bill she continues to be as dedicated as ever. 

HB3399 repeals Common Core State Standards in Oklahoma and establish a process to develop new, superior standards for English and math. HB3399 has made national news because, while Oklahoma is only one of three states to reject Common Core of the 45 states that adopted it, this measure is the most comprehensive. 

A lot of work went into developing this legislation over the course of this past session. I appreciate the commitment and hard work of principle House author Speaker Jeff Hickman and Sen. Josh Brecheen, the Senate author, and coauthor Sen. Anthony Sykes. Every effort was made to address legitimate concerns raised by Oklahomans on both sides of the debate over Common Core. The Common Core academic standards have become increasingly controversial since they were adopted in Oklahoma in 2010. With the governor’s signature, the law becomes effective immediately. We can now begin the process of developing new, superior standards.”


Statement from Sen. Josh Brecheen, Senate principle author:

In standing firm on the 10th Amendment, Oklahoma is leading with the first true repeal of common core and thereby emboldening other states to follow suit.  In safeguarding our educational system from federal overreach, we are pressing the pause button and guaranteeing that our teachers will be able to teach the same math and English content they taught this year, until new standards are established in 2016. Those new standards will have to be approved by the Legislature thus bringing representative government into the process to ensure they won't be a ‘copy and paste’ version of Common Core under a new name. 


Statement from Sen. Anthony Sykes, Senate coauthor:

"HB 3399 returns Oklahoma education to Oklahomans.  I thank Governor Fallin for signing this historic piece of legislation."

Senate Committee Passes Common Core Replacement 11-0

The Senate Education Committee passed by a vote of 11-0 an amended version of House Bill 3399 this morning. HB 3399 will next be considered by the full Senate.

The measure would replace the Common Core English and Math standards with new, rigorous standards designed by the Oklahoma State Board of Education. It also protects against federal interference or control by prohibiting the state Board of Education from entering into any contract or agreement with any federal agency or private entity that would cede or limit state control.

Speaker Jeff Hickman

House Speaker Jeff Hickman, the author of HB3399, issue the following statement following the Senate Committee vote this morning.

“Our children are our most precious resource,” said Hickman, R-Fairview. “The language adopted today sends a clear message that Oklahomans can and will guide the standards to prepare Oklahoma children for higher education and career success.”

Sen. Josh Brecheen and Sen. Anthony Sykes issued the following statement after Monday’s unanimous vote in favor of HB 3399.  The two lawmakers are Senate co-authors of the measure.

“Again, I want to commend Governor Mary Fallin, Superintendent Janet Barresi, and Senate Education Committee Chairman John Ford who’ve understood the need for higher standards for Oklahoma students.  HB 3399 will enable us to actually exceed Common Core, while making sure that those standards are developed and implemented by Oklahomans.  I think Monday’s vote shows this was very important to the members of the Senate Education Committee as well.”—Sen. Josh Brecheen, R-Coalgate.

“The unanimous vote on House Bill 3399 sends a strong message that the concerns of our citizens have been heard.  This legislation makes sure Oklahomans are developing the standards and assessments we need for our children’s success, while preventing unwanted and unneeded intrusion by the federal government.”—Sen. Anthony Sykes, R-Moore.

Rep. Jason Nelson, R- Oklahoma City, coauthor of HB3399 issued the following statement following the vote in the Senate Education Committee Monday morning.

“The latest version of House Bill 3399, which passed the Senate Education Committee unanimously this morning, is a significant step forward for the academic expectations of school children in the state. 

“The Senate Committee Substitute for House Bill 3399 requires Oklahoma to develop its own independent college- and career-ready standards and assessments and protects the state’s sovereignty over our education system from outside control.

“Some have criticized the legislation as a step back from higher standards and suggested that it puts federal funds in jeopardy. There is no basis in the bill for these concerns.

“The principles that have guided the drafting of HB3399 are protecting the state’s sovereignty over our education system, setting academic standards that exceed all previous standards - including Common Core State Standards, protecting the state’s NCLB waiver, and establishing a process for public comment during the development of new standards including comments from parents, educators, representatives of the business community and many others. 

“The bill is designed to protect Oklahoma’s NCLB waiver which provides greater flexibility in the use of federal Title I funding. NCLB waivers allow for state development of independent standards and assessments. HB3399 allows Oklahoma to take advantage of this option. The suggestion that Oklahoma will lose the NCLB waiver because of HB3399 ignores the fact that Oklahoma is currently not in compliance with the waiver because we have already pulled out of the PARCC testing consortium and TLE won’t be fully implanted on the timeline set in the waiver.


“This legislation will lead to true college and career ready standards. To my knowledge there is no objective proof that Common Core State Standards are college- and career-ready. Documentation of the college- and career-ready nature of the new standards is provided for in the bill through a comparison of the new English and math standards with the Common Core State Standards. The state Department of Education, the Regents for Higher Education and the State Board of Career and Technology Education in Oklahoma - not a national consortium - will evaluate the new standards to ensure they will lead to a reduction in college remediation rates and an increase in the completion rate of post-secondary education.”

Senate President Pro Tempore Brian Bingman issued the following statement after Monday morning’s vote, calling for the adoption of new English and Math standards.

“Our challenge is to ensure Oklahoma students complete their education with the English and math skills they’ll need for college, Career-Tech or to go directly into the workforce. House Bill 3399 ensures Oklahomans will be the ones to create the rigorous academic standards necessary so our children can compete in the 21st century without federal interference. This puts control squarely in the hands of Oklahoma and our local districts, helping make sure our students will receive the education necessary to succeed.”

Governor Mary Fallin also released a statement following today's vote.

“Raising education standards and increasing classroom rigor are essential to ensuring our children are prepared for college or to begin their careers when they graduate from high school,” said Fallin. “As we work to raise the bar in our schools, it is essential that higher academic standards are developed and implemented by and for Oklahomans. We have no interest in relinquishing control over education to the federal government or outside groups.

“I support passing legislation that increases classroom rigor and accountability while guaranteeing that Oklahoma public education is protected from federal interference. While House Bill 3399 is still a work in progress, my hope is that it will accomplish these goals and ultimately be signed into law. I appreciate our legislators working diligently and carefully on this important matter.”

Fallin had already taken action in 2013 to protect Oklahoma schools from federal intrusion, signing an executive order explicitly outlining Oklahoma's independence in implementing higher standards and student assessments (Read More: Governor Mary Fallin Issues Order Barring Feds from State’s Academic Standards).

Senate Ed Committee to hear bill assuring higher standards/complete state control

The Senate Education Committee will consider House Bill 3399 on Monday. The measure provides for the development and adoption of new English and math standards and assessments while prohibiting the State Board of Education from entering into any contract or agreement with any federal agency or private entity that would cede or limit state control.

Sen. Josh Brecheen, R- Coalgate, and Sen. Anthony Sykes, R-Moore, are Senate co-authors of the measure.

"Governor Fallin and Superintendent Barresi are to be commended for their leadership and insistence in higher standards,” Brecheen said. “With the committee substitute to HB 3399 we are ensuring Oklahoma's standards can exceed those of Common Core without surrendering state control through a well-written firewall that safeguards our students.”

Brecheen said the goal is to reduce the need for remedial classes after high school, helping more students successfully complete a college degree or Career-Tech certification.

"I am glad that we are responding to the people and moving forward on this issue. It is time we put Oklahomans back in charge of educating our children,” Sykes said.

Under the committee substitute for HB 3399, the State Board of Education would work with higher education and Career-Tech officials to adopt new English and mathematics standards by August 1, 2015.

House Speaker Jeff Hickman is the principal author of HB 3399.

“It is essential that we create standards that push our children to achieve in the 21st century,” said Hickman, R-Fairview. “This option gives Oklahoma the flexibility to establish quality standards aimed at success and resist any overbearing federal intrusion into decisions that should be made by the states. We have proven Oklahoma can be an economic leader, and we can prove that Oklahoma can also lead the way in student achievement.”

House co-author of the measure is Rep. Jason Nelson.

“This respects local control by placing decision making authority regarding curriculum, textbooks, learning materials, and reading lists with local school districts,” said Nelson, R-Oklahoma City. “We all want high standards which are developed and controlled by Oklahomans and that prepare our students for active citizenship.”

Under the legislation, school districts will have the exclusive right to determine instructional materials, curriculum, reading lists and textbooks.

Jenni White is the president of Restore Oklahoma Public Education.

"We are thankful to the bill's authors for their tireless work on HB 3399, and are truly grateful to House and Senate leadership for soliciting our input,” White said. “It will be a great relief to finally repeal the Common Core State Standards from Oklahoma law."

Carolyn L. McLarty, Republican National Committeewoman for Oklahoma, joined White in her support of the legislation.

"In supporting the Senate committee substitute to HB 3399, I am very pleased that our legislators have found a constructive way to come together, listen to input from the people, follow the intentions of the Governor’s executive order, and act to help protect Oklahoma students, teachers and parents from federal control of education,” McLarty said.

The Senate Education Committee is scheduled to meet at 9 a.m. on Monday, March 24, in room 535 of the state Capitol. The Senate live-streams all floor sessions and committee meetings at www.oksenate.gov.