INDEPENDENT SCH. DIST. # 52 v. HOFMEISTER

No. 117,081.

473 P.3d 475 (2020)

2020 OK 56

INDEPENDENT SCHOOL DISTRICT # 52 OF OKLAHOMA COUNTY (Midwest City-Del City); Independent School District #57 of Garfield County (Enid); Independent School District #71 of Kay County (Ponca City); and Independent School District #89 of Oklahoma County (Oklahoma City), Plaintiffs/Appellants, v. Joy HOFMEISTER, Superintendent of Oklahoma State Department of Education; Oklahoma Tax Commission; and Ken Miller, Oklahoma State Treasurer, Defendants/Appellees, and Tulsa Public School District, I-1 of Tulsa County; Sand Springs Public School District, I-2 of Tulsa County; Broken Arrow Public School District, I-3 of Tulsa County; Bixby Public School System, I-4 of Tulsa County; Jenks Public School District, I-5 of Tulsa County; Union Public School District, I-9 of Tulsa County and Owasso Public School District, I-11 of Tulsa County and Oklahoma Public Charter School Association, Intervenor Defendants/Appellees, and Western Heights Independent School District No. 1-41 of Oklahoma County, Plaintiff, v. The State of Oklahoma ex rel., Oklahoma State Department of Education; Oklahoma State Board of Education; Joy Hofmeister, State Superintendent of Public Instruction for The State of Oklahoma; Oklahoma Tax Commission; and Ken Miller, Oklahoma State Treasurer, Defendants/Appellees.

Supreme Court of Oklahoma.

As Corrected: July 1, 2020.

Petition for Rehearing Denied: September 14, 2020.


Attorney(s) appearing for the Case

Joe E. Edwards , Clyde A. Muchmore , and Mary H. Tolbert , Crowe & Dunlevy, Oklahoma City, Oklahoma, for Plaintiffs/Appellants, Independent School District No. 52 of Oklahoma County (Midwest City-Del City), Independent School District No. 57 of Garfield County (Enid), Independent School District No. 71 of Kay County (Ponca City), and Independent School District No. 89 of Oklahoma County (Oklahoma City).

A. Scott McDaniel , Stacy L. Acord , McDaniel Acord, PLLC, Tulsa, Oklahoma, for Intervenor Defendants/Appellees, for Tulsa Public School District I-1 of Tulsa County, Sand Springs Public School District I-2 of Tulsa County, Broken Arrow Public School District I-3 of Tulsa County, Bixby Public School System I-4 of Tulsa County, Jenks Public School District I-5 of Tulsa County, Union Public School District I-9 of Tulsa County, and Owasso Public School District I-11 of Tulsa County.

Melissa Oxford , Tulsa, Oklahoma, for Intervenor Defendants/Appellees, for Tulsa Public School District I-1 of Tulsa County, Sand Springs Public School District I-2 of Tulsa County, Broken Arrow Public School District I-3 of Tulsa County, Bixby Public School System I-4 of Tulsa County, Jenks Public School District I-5 of Tulsa County, Union Public School District I-9 of Tulsa County, and Owasso Public School District I-11 of Tulsa County.

Mithun Mansinghani , Solicitor General, and Michael Velchik , Asst. Solicitor General, Office of the Oklahoma Attorney General, Oklahoma City, Oklahoma, for Defendants/Appellees.

William H. Hickman , Hickman Law Group, PLLC, Norman, Oklahoma, for Intervenor/Appellee, Oklahoma Public Charter School Association.


¶1 This case involves the procedure specified in 70 O.S. § 18-118. This statute is used when the State Board of Education requires a school district to return to the Board an excessive payment of State Aid funds. Plaintiffs are allegedly owed State Aid funds and they seek to compel the State Board of Education to audit other...

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