Oklahoma Education Department Using Erroneous Interpretation of Open Records Act to Withhold Documents from the Public

American Oversight sent a letter to the Oklahoma State Department of Education demanding the release of multiple sets of public records requested over the past year that the agency has failed to provide, including by erroneously interpreting the Open Records Act to shield itself from handing over records from its highly controversial Library Media Advisory Committee and Executive Review Committee.

The Department of Education claims that both committees do not qualify as public bodies, despite being components of the department, and therefore are not subject to the state’s Open Records Act. American Oversight’s letter refutes this incorrect interpretation and demands that the department respond fully and adequately to the organization’s requests, which seek documents from several of State Superintendent Ryan Walters’ far-right initiatives.

“The outlandish claim that committees tasked with overhauling academic standards and determining what books are available in schools are not public agencies is a grave threat to accountability and the people’s access to information about what their government is doing,” said American Oversight interim Executive Director Chioma Chukwu. 

“This is the second time in less than seven months that American Oversight has had to formally demand the Department of Education release records that belong to the people — including records that could shed light on Superintendent Walters’ efforts to blur the line between church and state,” Chukwu continued. “While the Walters administration’s disdain for transparency remains unchanged, what also remains the same is the right of Oklahomans — including the parents of young children who will be impacted by Walters’ ongoing politicization of education in public schools — to access these records. We demand the Department of Education release the records to which the public is entitled.”

The demand comes as Walters attempts to change administrative rules to remove the requirement that public records requests be fulfilled within a “prompt and reasonable time.”

Among the requested records are documents related to:

• the formation, purpose, and membership of both the Library Media Committee and Executive Review Committee, as well as records detailing the content of committee meetings or calls;
• the Trump Education Advisory Committee;
• the Office of Religious Liberty and Patriotism; and
• Walters’ plans to procure 55,000 Bibles at the cost of millions of taxpayer dollars.

In August, American Oversight demanded the release of Department of Education documents in a letter detailing eight requests to which the department had either failed to respond or had responded in a deficient manner. After sending the letter, American Oversight received responses to its requests. 

Read more about American Oversight’s findings from its investigations of state-level education restrictions in its recent report, “The Far-Right Attack on Education,” which details how curriculum and classroom censorship stifles educators, harms students, and threatens democracy.