Question Submitted by: The Honorable Mike Osburn, Oklahoma House of Representatives, District 81

2026 OK AG 9 · Office of the Oklahoma Attorney General · June 16, 2026

Summary

This is Oklahoma Attorney General Opinion 2026 OK AG 9, issued June 16, 2026, in response to questions from Representative Mike Osburn. The opinion concludes that a CareerTech may lawfully operate a licensed driver education program, which must be licensed by Service Oklahoma as a commercial driver training school. It further concludes that a CareerTech operating its own program is not required, solely for that reason, to allow private commercial driver education schools to use its facilities.

Court
Office of the Oklahoma Attorney General
Decision date
June 16, 2026
Procedural posture
The Oklahoma Attorney General issued an advisory opinion in response to questions submitted by the Speaker's designee, concerning the authority of CareerTech school districts to operate licensed driver education programs and the applicability of facility-access requirements to those programs.
Precedential value
Published Oklahoma Attorney General opinion; advisory and persuasive rather than a judicial precedent.
Disposition
other

Topics

administrative lawstatutory interpretationplain meaning ruleconstitutional law

Practice areas

administrative laweducation lawstatutory interpretationconstitutional law

Questions Presented

  1. Whether a CareerTech school district may lawfully operate a licensed driver education program.
  2. If so, whether the program must be licensed by Service Oklahoma as a commercial driver training school.
  3. Whether a CareerTech operating its own licensed driver education program must allow private commercial driver education schools to use its facilities on an equal and nondiscriminatory basis.

Holdings

  1. A CareerTech may lawfully operate and charge students a fee for a licensed driver education program because it is a corporate entity with statutory authority to provide services for public purposes, and driver education promotes roadway safety.
  2. A CareerTech-operated driver education program qualifies as a commercial driver education school and must be licensed by Service Oklahoma as a commercial driver training school.
  3. A CareerTech that operates its own licensed driver education program need not, merely because of that program or license, allow private commercial driver education schools to use CareerTech facilities.

Key quotations

Under Title 70 of the Oklahoma Statutes, a CareerTech is "a body corporate" that possesses "the usual powers of a corporation for public purposes." (¶ 1)
nothing in Hennessey or in Service Oklahoma rules requires the CareerTech to make its facilities available to private commercial driving schools for that reason alone. (¶ 14)

Factual background

At least two Oklahoma CareerTech locations reportedly operate driver education programs on their campuses and hold licenses from Service Oklahoma. Private commercial driving schools challenged those programs, arguing that CareerTechs could not lawfully operate licensed commercial driver training schools or, alternatively, that CareerTech facilities had to be made available to competing private schools on an equal and nondiscriminatory basis. The Attorney General considered the statutory and administrative framework governing driver education, CareerTech authority, and commercial driver training school licensing.

Procedural history

The Attorney General received a request from Representative Mike Osburn asking three questions regarding CareerTech-operated driver education programs. The opinion answers each question and states the Attorney General's official conclusions.

Court Document

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