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OEA v. STATE EX REL. OKLAHOMA LEGISLATURE

No. 103,702.

158 P.3d 1058 (2007)

2007 OK 30

OKLAHOMA EDUCATION ASSOCIATION; Independent School District No. I-07 of Rogers County, Oklahoma, a/k/a Foyil Public Schools; Independent School District No. I-41 of Oklahoma County, Oklahoma, a/k/a Western Heights Public Schools; and Independent School District No. I-05 of Tulsa County, Oklahoma, a/k/a Jenks Public Schools, Plaintiffs/Appellants, v. STATE of Oklahoma, ex rel. The OKLAHOMA LEGISLATURE; Senator Mike Morgan, In His Official Capacity as President Pro Tempore of the Oklahoma State Senate; and Representative Todd Hiett, In His Official Capacity as Speaker of the House of Representatives of the Oklahoma Legislature, Defendants/Appellees.

Supreme Court of Oklahoma.

May 8, 2007.

Attorney(s) appearing for the Case

Joe E. White, Jr., White & Weddle, P.C., and Richard Bryan Wilkinson, Oklahoma Education Association, Oklahoma City, OK, for the appellants.

Neal Leader, Senior Assistant Attorney General, and Martha R. Kulmacz, Assistant Attorney General, Office of the Oklahoma Attorney General, Oklahoma City, OK, for the appellee the Oklahoma Legislature.

Cheryl Purvis, Oklahoma State Senate, and Lee Slater, Oklahoma City, OK, for the appellee Senator Mike Morgan, President Pro Tempore of the Oklahoma Senate.

Amy Alden and Jennifer J. Butts, Oklahoma House of Representatives, Oklahoma City, OK, for appellee Representative Todd Hiett, Speaker of the Oklahoma House of Representatives.

TAYLOR, J.

I. ISSUES

¶ 1 The questions before this Court are (1) have the plaintiffs alleged sufficient facts to show that they have standing to assert violations of the rights of Oklahoma students based on the Oklahoma Constitution, (2) do the plaintiffs have a constitutional and statutory duty to provide Oklahoma's students with a basic, adequate education, and (3) do the substantive issues before for this Court present a non-justiciable, separation...

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