Judge defers OKC private school's lawsuit against Ryan Walters, Board of Education
An Oklahoma County judge deferred a decision Thursday in a lawsuit filed by a private school arguing that the state Board of Education didn't have the authority to revoke its accreditation.
The state attorney general’s office, which is representing the Board of Education and state schools Superintendent Ryan Walters in the case, had asked District Judge Don Andrews to dismiss the case outright. However, Andrews told Jim Johnson, an attorney for Infinity Generation Generals Preparatory School to file an amended petition within the next 30 days. The judge indicated that he would be inclined to treat the Infinity school as he might a public school for purposes of the lawsuit.
“We’re going to come back and try it again,” Johnson said after the hearing.
Infinity, located in northeast Oklahoma City, currently has 28 students, head of school Gina Darby said Thursday. The school did not operate during the spring 2023 semester because of concerns stemming from the accreditation issue, she said.
What to know about Infinity Generation Generals' lawsuit against the Oklahoma State Board of Education, Ryan Walters
Infinity’s lawsuit claimed the Board of Education, which oversees public education in Oklahoma, has no authority under state law to revoke a private school’s accreditation. It said the board first would have to go through a statutory rule-making process to do so. Johnson said the Oklahoma State Department of Education is using rules that specifically mention governance of public schools to deal with a private-school matter.
“We’re here because a state agency failed and they don’t want to be exposed as having failed to the public,” Johnson said during the hearing. “They’re afraid to admit that.”
More: Oklahoma City private school's accreditation sparks fiery state school board debate
Private schools do have the option to seek accreditation from the state Board of Education, and Infinity, which opened in 2014, did so in 2021. The Board of Education granted accreditation and now argues that because Infinity voluntarily sought the accreditation, the school “elected to comply with the performance and reporting responsibilities required of a public school,” according to a court filing asking Andrews to dismiss the case.
Why was Infinity's accreditation revoked?
Accreditation is important for a private school in Oklahoma, because such recognition is necessary to receive taxpayer funds from the Lindsey Nicole Henry Scholarship Program for students with disabilities and other governmental funding.
The state board, led by then-Superintendent Joy Hofmeister, downgraded Infinity’s status for 2022-23 after a contentious meeting in July 2022. The state Education Department said Infinity had failed to verify its total enrollment after applying for a federally funded program.
At that time, state Education Department staff recommended Infinity be placed on probation, but instead, the Board of Education lowered Infinity’s status to the less-serious ”accreditation with warning,” which still brings extra state oversight and indicates a school has a deficiency that seriously detracts from its educational program.
More accreditation drama occurred this July, with the board under Walters’ leadership. State Education Department staff recommended the state no longer recognize Infinity, noting the school had temporarily closed in January. Darby told the board then she and her attorney had little communication from the state agency before the meeting and asked for a one-month delay, to which the board agreed.
At the board’s next meeting in August, the board revoked Infinity’s accreditation at the recommendation of the state Education Department’s general counsel, Bryan Cleveland. Johnson, who spoke in support of Infinity during that meeting, also claimed in the lawsuit that a 10-minute time limitation to speak placed upon him for that meeting was a violation of the Oklahoma Open Meeting Act. Andrews did not rule on that on Thursday.
Johnson said the accreditation law applicable in the case “refers only and solely to public schools.”
Assistant Attorney General Erin Moore countered by saying the board treats private schools that seek state Education Department accreditation “like a public school.” Andrews seemed to agree with that notion, which drew Johnson’s ire following the hearing.
“I disagree with the judge’s decision that private schools are public schools,” Johnson said. “The (state) Administrative Procedures Act requires rulemaking that affects the public. Just because somebody operates a private school doesn’t make them a public entity. You don’t volunteer to give up your constitutional rights because you operate a school.”
The attorney general’s office declined comment after the hearing.
This article originally appeared on Oklahoman: Infinity Generation Preparatory lawsuit needs amending, judge says
