Confusion

Yesterday I posted about the request my colleagues and I have made for an official Attorney General’s opinion on the Governor’s allocation of GEER funds. The Associated Press picked up the story and includes this from our Governor’s spokesman.

Stitt spokesman Charlie Hannema said guidance from the U.S. Department of Education specifically empowers governors to spend the funds to meet the needs of all Oklahoma students, including those who attend charter or non-public schools, and that the allegations by House Democrats “have no merit whatsoever.”

Source: “Oklahoma Democrats seek legal opinion on using federal funds”

I’m not an attorney and I don’t know if Mr. Hannema is one either. But our opinions are less important in this than the opinion of our Attorney General, the Hon. Mike Hunter. It’s his job to help our state sort through the legal intricacies involved and that’s why we requested his opinion.

I do think it’s important to note the actual language of HR 748, better known as the "CARES Act.” Page 288 of the CARES Act spells out exactly how that assistance is to be allocated for non-public schools in the section appropriately named, “ASSISTANCE TO NON-PUBLIC SCHOOLS.”

For those who don’t know, the “ESEA of 1965” refers to the Elementary and Secondary Education Act of 1965. This is the act that created Title 1 funding for impoverished kids.

Here’s what the ESEA of 1965 says on page 80 in section 1117.

This is why we asked our Attorney General for his official opinion on the matter. As two separate federal judges noted, it’s spelled out pretty clearly exactly how Congress and the President intended the monies to be allocated.

Bottom line: It seems very clear our request has merit.