OK judge needs more time to make decision on controversial social studies standards
Last month, News 4 reported former Oklahoma Attorney General Mike Hunter had joined the legal team representing a group of parents and teachers in a petition filed against the Oklahoma State Department of Education and the State Board of Education to stop the standards.
The standards were approved by the State Board of Education in February, and lawmakers could have sent them back for additional review, but decided not to do so.
They include biblical teachings and ask students to examine discrepancies in the 2020 election. The case is tied to the process in which the standards were approved and how they could impact Oklahomans.
Public school parent-led group provides social studies curriculum opt-out form
On Wednesday, Hunter's legal team opened arguments asking for an injunction or temporary restraining order in front of Judge Brent Dishman. Current Putnam City Public Schools educator, plaintiff, and former standards writing committee volunteer, James Welch, PhD, was called to the stand to testify. During his testimony, Welch said that he was brought on as the sole person writing psychology and sociology standards last year.
Welch said last fall, he and 25 other teachers met in a University of Central Oklahoma conference room to review the standards. Welch said State Superintendent Ryan Walters attended and expressed to Welch and other attendees that he believed the committee members would do a good job. Welch said he was provided a set of standards from another state and was told attendees should model their standards based on them. He said he was concerned by blatant religious texts and pro-free enterprise standards, calling them 'extreme.' He also said that other attendees he spoke with were 'alarmed' as well.
Welch noted that when he reviewed a draft copy of the standards in December, he noted that all mentions of the word 'diversity' in his subject areas had been stricken. He said he found that problematic, and that the material pertained to subjects that were vital for an understanding in government. He said seeing the changes created a 'crisis of conscience' for him and that he feared he would be reported, disciplined, or fired if he taught the areas omitted instead of what he described as a 'radical right wing viewpoint.'
Oklahoma State Board of Education attorney, Chad Kutmas, pressed Welch about his experience, of which Welch admitted he had never been a part of standards writing processes prior to his volunteer commitment.
Oklahoma State Department of Education attorney, Michael Beason, pressed Welch about copies of standards handed out at the fall meeting Welch was not supposed to take with him outside of the meeting. Welch admitted to doing so, but when pressed about whether he shared them with media outlets, Welch said he did not. Beason argued that Welch was disgruntled because he didn't agree with the standards contents.
Hunter's legal team argued the process to approve the standard was inconsistent and that there were amendments made 'that nobody had ever seen.' He said the children across Oklahoma and their parents need to have confidence standards were implemented lawfully. Hunter argued the standards didn't come to the legislature lawfully, saying they were 'shoehorned' in and weren't properly deliberated.
'There has to be a recourse by citizens when there's a process like this that is so flawed,' said Hunter.
News 4 has covered reports in which new board members appointed by Governor Kevin Stitt in February say they were not given enough time to review the standards, following the draft of the standards in December, and a 30-day window of public comment. News 4 shared in March that public comments obtained surrounding the altered standards were mostly negative, with only one comment supporting religious texts in schools.
Despite that, attorneys for the board and OSDE argued Wednesday that the process, which isn't legally required, other than public comment and the legislature consideration, was all done by the book. They said there's no legal precedent to move the case forward since the legislature took no action, saying doing so would 'open up a Pandora's Box.'
'Just because you're a lawmaker doesn't mean you don't make mistakes,' said Hunter.
Hunter asked a judge to consider a joint resolution filed this legislative session by Edmond Republican Adam Pugh that would have sent the standards back to the board. Pugh argued the standards would cost taxpayers millions of dollars in updates to textbooks and curriculum. Dishman seemed weary of accepting the quoted over $30 million figure Wednesday, but Hunter noted the board and OSDE hadn't provided any other figures. Hunter also wanted Dishman to review the public comments.
'In this situation, we certainly want the judge to review everything carefully and thoughtfully,' said Hunter.
Attorneys for the board and OSDE, while not providing another estimate, disputed the costs, but they did encourage Dishman to consider a motion to dismiss the case, arguing it's only costing taxpayers more money in legal fees.
'I just don't think that's good government, and I don't think that that's a correct argument, nor do I think the judge is going to buy it,' said Hunter.
Judge Dishman did not say when he expects to make a decision on separate motions for the injunction/restraining order or to dismiss the case. Hunter expects an update in June.
News 4 reached out to a spokesperson for State Superintendent Ryan Walters on Wednesday, but his office declined to comment.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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