Questions Submitted by: The Honorable Melissa Provenzano, Oklahoma House of Representatives, District 79

Summary

This is an official Oklahoma Attorney General Opinion addressing whether the State Superintendent of Public Instruction may unilaterally require out-of-state teachers to pass an additional competency examination for certification or employment. The opinion concludes that Oklahoma law does not grant the State Superintendent that authority and that certification powers are assigned to the State Board of Education, the Commission for Educational Quality and Accountability, and local school district boards as applicable.

Holdings

1. The Superintendent of Public Instruction lacks legal authority under Oklahoma law to unilaterally require out-of-state teachers to pass an additional examination as a condition of teacher certification.
2. The Superintendent may not interpret an existing State Board rule as authorizing a competency examination that applies only to out-of-state candidates.

Questions Presented

1. Whether the Superintendent of Public Instruction has statutory or constitutional authority to require only out-of-state teachers to pass an additional competency examination as a condition of Oklahoma certification or employment.
2. Whether such a testing requirement would conflict with Oklahoma law governing teacher certification, licensure, reciprocity, or employment practices.

Disposition

other