Judge rules in favor of Oklahoma private schools in sports dispute

An Oklahoma County judge has ruled against a controversial athletic rule targeting private schools.

Oklahoma County District Judge Richard Ogden granted summary judgment Friday in favor of five private high schools that challenged the Oklahoma Secondary School Activities Association Rule 14, declaring it unconstitutional.

Rule 14 requires private schools to move up in athletic classification based on competitive success, regardless of student enrollment. Public schools are classified primarily by enrollment numbers. As a result, private schools that met certain success benchmarks had to compete in a higher class, even if their student population was much smaller.

Bishop McGuinness, Mount St. Mary, Heritage Hall, Crossings Christian and Oklahoma Christian School filed the lawsuit. Four of the schools are in Oklahoma City. Oklahoma Christian School is in Edmond. 

The judge’s decision blocks the enforcement of the rule once he issues a written order. An attorney representing the schools said Rule 14 “will no longer be enforceable” after the judge finalizes the verbal ruling in writing.

In some sports that include both boys and girls teams, the OSSAA rule forced both teams to move up if only one met the performance threshold.

OSSAA defended the rule as an effort to create balance between public and private schools. The organization said it designed Rule 14 to promote “competitive balance between public and private schools in athletics.”

The five schools filed suit in December 2023, arguing the rule is “unconstitutional” and asked the court to abolish it.

Private schools have been part of the OSSAA since the 1967-68 school year. Over time, tensions have surfaced over the treatment of those schools in postseason play and classification decisions.

Supporters of the lawsuit argued that Rule 14 singled out private schools for different treatment simply because of their religious or independent status. Rather than applying a uniform standard based on enrollment, the association imposed additional hurdles on schools that often operate with fewer students and tighter budgets.

The ruling marks a significant setback for the OSSAA and a major win for the private schools that challenged the policy. The association has not publicly indicated whether it will appeal.