Oklahoma Senate Democrat might take legal action against OSBE, Superintendent Walters

OKLAHOMA CITY (KSWO) – An Oklahoma State Senator is saying she might pursue legal action against the Oklahoma State Board of Education as well as the Oklahoma State Superintendent Ryan Walters for denying her access to a June 27 executive session.

The potential lawsuit surrounds the private executive session part of an OSBE meeting. The incident took place at the same meeting where Oklahoma State Superintendent Ryan Walters said Bibles will be in every classroom of the state.

Oklahoma Sen. Mary Boren (D-OKC) is saying she was denied access to the executive session part of the meeting despite having legal authority to attend. By being denied access, the Oklahoma Open Meeting Act could have been violated, according to Boren.

“I am disappointed, but not surprised, that the State Board of Education conveniently interpreted the Open Meetings Act to exclude me in my official capacity as a state senator from their executive session,” Sen. Boren wrote in a statement sent to 7News. “Section 310 of Title 25 of the Oklahoma Statutes provides for attendance of state legislators in executive sessions.”

The section Boren references within the above quote does seem to give specific members of the Oklahoma Legislature the ability to attend meetings.

Any member of the Legislature appointed as a member of a committee of either house of the Legislature or joint committee thereof shall be permitted to attend any executive session authorized by the Oklahoma Open Meeting Act of any state agency, board or commission whenever the jurisdiction of such committee includes the actions of the public body involved.

Boren is a part of the Senate Appropriations Subcommittee, as well as other committees within the same chamber.

“I had anticipated the executive session would involve decisions that will likely incur significant legal costs by misapplying administrative rules and unconstitutionally targeting teachers and rights of students,” Sen. Boren wrote. “All of these issues are within my role as a member of the Senate Appropriations Subcommittee on Education, the Administrative Rules Committee and the Judiciary Committee.”

Superintendent Walters pushed back on the idea that the statute gives Boren the ability to enter the executive session she attempted to enter.

“Senator Boren is as disingenuous as she is ignorant of Oklahoma law,” Walters said in a statement. “The statute she cited does not grant her access to State Board proceedings in executive session which are specifically for the adjudication of individual licensure revocation matters. It is absurd that she has claimed constitutional infirmities in these Board processes. Adequate and proper notice and due process was afforded each individual in each case. She has blocked additional accountability measures from the Senate floor and now wants to interfere with the agency tasked with keeping sexual predators out of the classroom.”

Anyone who is found to have violated the Oklahoma Open Meetings Act could face fines up to $500 or jail time for no longer than a year.

You can count on your 7News team to provide an update when information becomes available.

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