Attorneys representing a student from Moore Public Schools have filed for summary judgment in a lawsuit against state schools Superintendent Ryan Walters and the Oklahoma State Board of Education. The lawsuit challenges an administrative rule that prohibits the student from changing their pronouns in school records.
In a filing on Friday afternoon, Leslie Briggs, the student’s attorney, argues that the main issue at hand is a legal question. Specifically, whether or not the Defendants have the authority to adopt the Student Records Rule. The Plaintiffs strongly urge the Court to answer this question in the affirmative.
According to Briggs, Walters and the board not only violated the student’s right to procedural due process under the Oklahoma Administrative Procedures Act and the Oklahoma Constitution, but also potentially entitle the student to a summary judgment in the case.
“The Defendants were not authorized to engage in rulemaking in order to restrict students’ ability to change their gender markers in school records,” Briggs stated. “Allowing the Defendants’ Rule to remain in effect would be an inappropriate extension of the Oklahoma State Department of Education’s power and would constitute a violation of Legislative policymaking authority. Oklahoma law is unequivocal: Agencies serve as a means for the Executive to implement the Legislature’s policies. They cannot unilaterally broaden their authority and must adhere to the public’s right to due process.”
Jason Reese, the attorney representing Walters and the board in this case, did not respond to a message seeking comment that was sent via email on Friday afternoon.
A hearing date to consider the motion has not yet been set by District Judge Michael Tupper.
The case includes individual board members Don Burdick, Sarah Lepak, Kendra Wesson, Katie Quebedeaux, and Zachary Archer as defendants. Reese has argued against their inclusion in the case.
The Oklahoma Equality Law Center and the Oklahoma Appleseed Center for Law and Justice filed a lawsuit in Cleveland County District Court on December 21. The lawsuit is on behalf of a student, who is identified in the legal documents as “J. Doe.” Initially, the case was moved to federal court by a former general counsel for the state Education Department. However, after a few weeks, a federal judge decided to send the case back to state court. This decision was made after the lawsuit was amended to include only state-law claims.
The student wishes to modify their pronouns in school records. However, the state Board of Education, led by Walters, implemented an administrative rule last September that prevents school districts and local schools from changing sex or gender designations in previous student records without the board’s authorization. Despite court orders from judges in Cleveland and Payne counties allowing for such changes, the board proceeded to give its final approval to the rule on Jan. 25. Bryan Cleveland, who served as the agency’s general counsel at the time, deemed the orders illegal.
Student was granted a protective order against Walters and state Board of Education
The student’s attorneys argue that Walters and Cleveland have already revealed the identity of the student in a public meeting of the Oklahoma State Board of Education. In response to this, the student filed for a protective order against Walters and the board, which was granted by Tupper.
When asked about the order on July 31, Walters denied that it was issued against him and the board.
Walters denied the claim, stating, “You know that that’s not true. The protective order was not against me. The protective order was against both legal teams to say – and my attorneys tell me this happens all the time – to say, listen, when you’re collecting files on a minor, you’re not to disclose the minor’s name. The judge even said this isn’t a protective order against one particular individual. It’s a protective order in general on how you get the information. So, look, that was a mischaracterization. That’s what we saw in that order.”
During the public meeting, Walters and Cleveland provided information that allowed reporters to identify the student’s family, despite Walters denying that he had identified the student.
“I haven’t spoken the child’s name,” Walters admitted. “However, the focus here is on the files, their whereabouts, and how they’re being handled and disclosed. Maintaining the confidentiality of sensitive information is paramount to us. We are dedicated to ensuring that we handle things in the appropriate manner. When it comes to a child’s desire to keep their information private, I wholeheartedly respect their decision.”
The Oklahoma State Board of Education has been actively involved in creating and approving administrative rules for state agencies. However, their recent rulemaking efforts, led by Walters since January 2023, have raised concerns from various political factions. These concerns have resulted in two lawsuits, one related to the rule on pronouns and another regarding the authority to determine the content of school libraries.
In a recent case, Edmond Public Schools sued the Oklahoma Supreme Court, arguing that the authority to make decisions about local libraries should rest with the local boards rather than the state board. The court ultimately sided with Edmond Public Schools, effectively nullifying the state board’s library rule.
Attorneys representing the student who filed a lawsuit against Ryan Walters regarding the pronouns rule have requested a summary judgment.
