FILED 1N Ul?l?jw OKLAHOMA COUNTY THE DISTRICT COURT OF OKLAHOMA 2020 STATE OF OKLAHOMA . RICK WARREN COMMUNITY STRATEGIES, INC., d/b/a 48 COURT CLERK EPIC CHARTER SCHOOLS, an independent) Public School District of Oklahoma, Plaintiff, . Case No. CJ-2019-6881 Judge Cindy H. Truong i i Hearing RON SHARP, an individual, 2020 at 0 gm. before the Honorable Cindy H. Truong Defendant. MOTION TO DISMISS Defendant Ron Sharp, through his undersigned counsel, moves the Court to dismiss Plaintiff?s claims in their entirety pursuant to OKLA. STAT. tit. 12, or, in the alternative, pursuant to OKLA. STAT. tit. 12, 1430 et seq. (the ?Oklahoma Citizens Participation Act?). In support of this Motion to Dismiss, Defendant states as follows: INTRODUCTION Defendant Ron Sharp (?Defendant? or ?Senator Sharp?) is an Oklahoma State Senator and member of the Oklahoma Senate Appropriations Subcommittee on Education. (Ex. A, 11 Plaintiff Community Strategies, Inc., d/b/a Epic Charter Schools (?Plaintiff? or ?Epic?) is the largest virtual charter school system in the State of Oklahoma. (Ex. A, 1} 9). Plaintiff ?led this lawsuit in an apparent attempt to silence Senator Sharp?s legislative Section 1435 of the OCPA allows for consideration of supporting and opposing affidavits in connection with a motion to dismiss pursuant to that statute. OKLA. STAT. tit. 12, (?In determining whether a legal action shall be dismissed under the Oklahoma Citizens Participation Act, the court shall consider the pleadings and supporting and opposing af?davits stating the facts on which the liability or defense is based?). Senator Sharp therefore offers the af?davit in Exhibit A for the Court?s consideration in connection with his arguments in favor of dismissal under the OCPA in Section II. speech regarding enrollment practices at Epic and intimidate any other public of?cial who speaks out?or seeks to enact legislation?on the matter.2 Plaintiff alleges one cause of action for libel in this matter. Speci?cally, Plaintiff alleges that a Press Release issued by Senator Ron Sharp on August 26, 2019 (the ?Press Release?) contains false statements about Plaintiff. Plaintiff also alleges other comments made by Senator Sharp are defamatory, but they are insuf?ciently plead3, so the focus of this Motion to Dismiss is on the allegedly libelous statements in the Press Release. A true and correct copy of the Press Release is attached to the Af?davit of Ron Sharp as Exhibit A.5. Senator Sharp has a special interest in education issues because, in addition to his service as a State Senator, he was a public school teacher in his community for thirty-eight (38) years. (Ex. A, 1111 6-7). Pursuant to his role as a Senator and member of the Oklahoma Senate Appropriations Subcommittee on Education, the funding of Epic Charter Schools and the enrollment practices of the Epic system came to Senator Sharp?s attention. (Ex. A, 11 8). In furtherance of his legislative duties, and to better understand Epic?s enrollment practices, Senator Sharp reached out to the Oklahoma Statewide Virtual Charter School Board or ?Virtual School Board?) to seek an explanation of how students enrolled in Epic?s schools are counted for enrollment purposes. (Ex. A, 11 12); (Ex. A.2). On August 26, 2019, soon after receiving a response from the Executive Director, Senator Sharp issued the Press Release on the Oklahoma State Senate website 2 Other members of the Oklahoma Legislature have interpreted Epic?s conduct as a ?an attempt to silence constituents whose concerns legislators are sworn to represent and an attempt to intimidate other lawmakers just before their first deadline to ?le bills for the upcoming 2020 session? and as ?a threat.? (Ex. A6). 3 Plaintiff alleges that Senator Sharp ?has continued to publish false statements about Plaintiff in the Shawnee News Star and other publications? and ?has also published similar false statements about Epic via email or other forms of communication to representatives of various state agencies? (Pet. 111] 19-20); however, the Petition does not state the content of the alleged defamatory statements or when they were made. stating his View that Epic had been violating Oklahoma law governing charter schools with respect to its enrollment practices. (Ex. A, 11 24). The Press Release is, as of ?ling, still available on the Senate?s public website. Id. The concerns re?ected in the Press Release are not unique to Senator Sharp: Funding of and enrollment practices at Epic Charter Schools have been the subject of signi?cant recent media coverage. (Exhibit Moreover, Epic reportedly has been or is under investigation by Oklahoma and federal authorities for myriad alleged improprieties. Id. It has also been reported that some of these investigations are connected to allegations of dual-enrollment of students. 1d. But rather than addressing these issues through public discussion and debate, Epic chose to ?le suit against a member of the State Senate for voicing questions and concerns similar to those raised by the media and federal and state agencies. In short, Epic is not seeking to redress an actual injury, but rather to intimidate duly-elected public servants into thinking twice about making public comments on important public issues. Plaintiff should not be permitted to use the judiciary?and waste this Court?s time, effort, and resources?to silence its legislative critics. Speci?cally, Senator Sharp enjoys statutory governmental immunity under the Oklahoma Governmental Tort Claims Act, and any statements he makes in the proper discharge of his of?cial duties are protected by statutory privilege. Further, even if this Court determines that Senator Sharp is not immune from liability, the Oklahoma Citizens Participation Act requires dismissal of this lawsuit. This Court should therefore summarily dismiss Plaintiff?s Petition with prejudice and award Senator Sharp costs, fees, and other relief as this Court deems appropriate, and as authorized by statute. ARGUMENT Senator Sharp enjoys statutory immunity and statutory privilege with respect to the speech that he makes in his role as a State Legislator. Because Senator Sharp?s speech falls within the scope of his legislative duties, he is statutorily immune from liability under the Oklahoma Governmental Tort Claims Act OKLA. STAT. tit. 51, 151 et seq. Further, any communications he makes in the proper discharge of his of?cial duties are subject to statutory privilege. OKLA. STAT. tit. 12, 1443.1. This lawsuit should therefore be dismissed because Senator Sharp cannot be liable to Plaintiff based on the facts alleged in the Petition as a matter of law in light of the statutory immunity and statutory privilege afforded to him as a State Senator. But even if the speech at issue had been made by Senator Sharp in his individual capacity (which it clearly was not) and governmental immunity and statutory privilege did not apply (which they do), Senator Sharp?s speech would still be entitled to the statutory protection extended to all citizens of the State of Oklahoma through the Oklahoma Citizens Participation Act Therefore, in the alternative, if this Court determines that Senator Sharp is not immune from liability under the GTCA and that his statements are not subject to statutory privilege, the Court should dismiss this lawsuit pursuant to the OCPA, as discussed further below. I. THIS LAWSUIT MUST BE DISMISSED BECAUSE SENATOR SHARP ENJOYS STATUTORY IMMUNITY AND STATUTORY PRIVILEGE. Pursuant to OKLA. STAT. tit. 12, a Petition may be dismissed when ?the allegations indicate beyond any doubt that the litigant can prove no set of facts which would entitle him to relief.? Fanning v. Brown, 2004 OK 7, 11 4, 85 P.3d 841, 844 (citation omitted) (emphasis in original). Dismissal for failure to state a claim is appropriate when immunity or statutory privilege precludes a plaintiff from recovering on the claims asserted against a defendant as a matter of law. See, Edelen v. Bd. of Comm ?rs of Bryan Cty., 2011 OK CIV APP 116, 11 13, 266 P.3d 660, 667?68; Samson Inv. Co. v. Chevaillier, 1999 OK 19, 1115, 988 P.2d 327, 331-32. A. Senator Sharp is Statutorily Immune Under the GTCA. The GTCA codi?es the doctrine of governmental immunity and provides that ?[t]he state, its political subdivisions, and all of their employees acting within the scope of their employment . . . shall be immune from liability for torts.? OKLA. STAT. tit. 51, 152.1. The GTCA provides a limited statutory waiver of that immunity for certain torts and acts as ?the exclusive remedy for an injured plaintiff to recover against a governmental entity in tort.? Tu?ji?s, Inc. v. City of Oklahoma City, 2009 OK 4, 1] 7, 212 P.3d 1158, 1163. Thus, the state government and governmental of?cials retain immunity for any torts falling within the limitations and exceptions. Id. With respect to any claims for which immunity is waived by the GTCA, a plaintiff is required to comply with speci?c presentment and notice requirements set forth in the Act, which Plaintiff has not done here. OKLA. STAT. tit. 51, 156. The GTCA applies to all employees of the state and its political subdivisions. OKLA. STAT. tit. 51 152.1. The Act de?nes ?employee? to include ?all elected or appointed of?cers, members of governing bodies and other persons designated to act for an agency or political subdivision.? Id. 152(7)(a)( 1). ?Scope of employment? is de?ned for purposes of the GTCA as ?performance by an employee acting in good faith within the duties of the employee?s of?ce or employment or of tasks lawfully assigned by a competent authority.? Id. 152(12). Further, the GTCA explicitly states that ?[t]he state or a political subdivision shall not be liable if a loss or claim results from: . . . Legislative functions; [or] . . . [m]isrepresentation, if unintentional . . . Id. 155(1), 155(17). As such, torts involving legislative functions or misrepresentations fall squarely within exemptions from liability under the GTCA. Notably, the misrepresentation exemption of the GTCA has been construed to apply in libel actions like this one. See, e. White v. City of Del City, 2012 OK CIV APP 5, 1111 21-22, 270 P.3d 205, 214, (abrogated on other grounds by City ofJenks v. Stone, 2014 OK 11, 321 P.3d 179) (reasoning that when a public ?gure is involved, in addition to the traditional elements for defamation, a plaintiff must make a ?showing of actual malice? which requires ?the publisher of the statement have ?entertained serious doubts? as to the truth of the statement?) (citations omitted) . Senator Sharp was clearly acting within the scope of his role as a legislator when he issued the Press Release. While Epic sued Senator Sharp in his individual capacity4? presumably to avoid certain defeat under legislative and governmental immunity doctrines?it is dif?cult to conceive of how an of?cial press release by a State Senator and published on the Senate?s website could ever be issued in a member?s personal capacity. See Tu?y?s, Inc, 2009 OK 4 at 11 8, 212 P.3d at 1163 (observing that when ?only one reasonable conclusion can be drawn,? the issue of whether an employee acted in the scope of employment is a question of law). Further, overseeing the appropriation of state funds and issuing press releases on matters related to the appropriation of state funds are unquestionably legislative functions 4 Plaintiff appears to justify suing Senator Sharp in his individual capacity by stating that ?making false accusations is beyond the scope of any duty of any public official.? (Pet. 11 7). Notwithstanding the fact that the statements at issue are not false, Plaintiff misstates the law. False statements made by public of?cials do not fall outside the scope of of?cial duties unless the publisher of the statement ??entertained serious doubts?? as to its truth. White, 2012 OK CIV APP 5,11 22, 270 P.3d at 214 (citing Hart v. Blalock, 1997 OK 8, 11 9, 932 P.2d 1124, 126). In fact, the GTCA implicitly recognizes that unintentional misrepresentations can be made within the scope of of?cial duty by exempting them from liability under the GTCA. OKLA. STAT. tit. 51 155(17). under section 155(1) of the GTCA. As a result, the Press Release falls within the legislative function exemption from liability under the GTCA. OKLA. STAT. tit. 51, 155(1). Additionally, even if statements made by Senator Sharp later prove to be inaccurate, such statements are, at most, unintentional misrepresentations and, as such, fall within the exemption from liability set forth in section 155(17) of the GTCA. Id. 155(17). This case should, therefore, be dismissed because Senator Sharp is immune from liability under the GTCA. See, e. g, Edelen v. Bd. of Comm ?rs of Bryan CW, 2011 OK CIV APP 116, 11 13, 266 P.3d 660, 667?68 (upholding district court?s dismissal for failure to state a claim with respect to claims exempted under section 155 of the GTCA). B. Plaintiff Failed to Comply with the Procedural Regmirements of the GTCA. Moreover, even if Senator Sharp were not immune under the GTCA, Epic?s claim would still be subject to dismissal for failure to comply with the Act?s notice and presentment requirements. The GTCA provides, in relevant part: A. Any person having a claim against the state or a political subdivision within the scope of Section 151 et seq. of this title shall present a claim to the state or political subdivision for any appropriate relief including the award of money damages. B. Except as provided in subsection of this section, and not withstanding any other provision of law, claims against the state or a political subdivision are to be presented within one (1) year of the date the loss occurs. A claim against the state or a political subdivision shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs. OKLA. STAT. tit. 51, (B). Further, person may not initiate a suit against the state or a political subdivision unless the claim has been denied in whole or in part,? and action for any cause arising under [the shall be maintained unless valid notice has been given and the action is commenced within one hundred eighty (180) days after denial of the claim.? Id. (B). Dismissal is required when a plaintiff fails to exhaust a libel claim under the GTCA. Bright v. University of Okla. Bd. of Regents, 705 Fed. Appx. 768, 770 (10th Cir. 2017) (mem. Epic has not alleged compliance with the notice and presentment requirements. Therefore, even if Senator Sharp were not immune under the GTCA, this lawsuit would still be subject to dismissal. Schauf v. The GEO Grp., 2018 OK CIV APP 74, 1111, 439 P.3d 442, 445 (upholding dismissal of lawsuit because ?[c]ompliance with the written notice of claim and denial of claim provisions in 156 and 157 [of the Oklahoma Governmental Tort Claims Act] are prerequisites to the state?s consent to be sued and to the exercise of judicial power?). C. Senator Sharp?s Statements Are Subieet to Statutory Privilegg A communication is privileged and exempted from an action for libel under Oklahoma law when it is made the proper discharge of an of?cial duty . . . OKLA. STAT. tit. 12, 1443.1. Statements falling under 1443.1 are not civilly actionable for defamation or otherwise. Id. Here, Senator Sharp?s Press Release was clearly made in his of?cial capacity as a Senator. In fact, the Oklahoma Court of Civil Appeals previously held in connection with a claim for defamation that a voluntarily-issued press release by a police chief regarding an of?cer?s ?ring was made the proper discharge of an of?cial duty? and was therefore privileged under section 1443.1. Wilson v. City of Tulsa, 2004 OK CIV APP 44,11 24, 91 P.3d 673, 680-81. Accordingly, this Court should dismiss this lawsuit for failure to state a claim upon which relief may be granted in light of the statutory privilege set forth in section 1443.1. See, Springer v. Richardson Law Firm, 2010 OK CIV APP 72, 5, 11, 239 P.3d 473, 475, 476 (af?rming district court?s dismissal brought under OKLA. STAT. tit. 12, 2012(b)(6) and pursuant to OKLA. STAT. tit. 12, 1443.1). II. THIS LAWSUIT ALSO MUST BE DISMISSED UNDER THE OCPA. The Oklahoma Citizens Participation Act is an (Strategic Lawsuit Against Public Participation) law, ?the purpose of which is to curb ?lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.? Krimbill v. Talarico, 2018 OK CIV APP 37, 11 7, 417, P.3d 1240, 1245 (citation omitted). The OCPA was enacted ?to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely and otherwise participate in government to the maximum extent permitted by law . . . OKLA. STAT. tit. 12, see also Anagnost v. Tomceck, 2017 OK 7, 11 8, 390 P.3d 707, 710 (reasoning that the purpose of the OCPA is to stop lawsuits ?aimed at deterring public participation in decision-making forums?). laws like the OCPA are ?the result of an increasing tendency by parties with substantial resources to file meritless lawsuits against legitimate critics, with the intent to silence those critics by burdening them with the time, stress, and cost of a legal action.? Krimbill 2018 417 P.3d at 1245. Oklahoma has enacted a broad version of legislation ?directed at protecting a wide spectrum of First Amendment speech.? Id at 11 8, 417 P.3d at 1245. The OCPA and two leading Oklahoma Court of Civil Appeals opinions interpreting the statute establish a clear three-step, burden-shifting analysis to determine whether dismissal is required. First, ?the initial burden is on the defendant seeking dismissal to show that the plaintiff?s claim ?is based on, relates to, or is in response to the [defendant?s] exercise of the right of free speech, the right to petition, or the right of association? Id. at 11 9, 417 P.3d 1240, 1245 (citation omitted); see also OKLA. STAT. tit. 12, (?If a legal action is based on, relates to or is in response to a party?s exercise of the right of free speech, right to petition or right of association, that party may file a motion to dismiss the legal action?). Second, if the defendant meets its initial burden, ?[t]he burden then shifts to the plaintiff to show ?by clear and specific evidence a prima facie case for each essential element of the claim in question.?? Krimbill. 2018 417 P.3d at 1245 (quotation omitted); see also OKLA. STAT. tit. 12, (providing that plaintiffs must establish their prima facie case by ?clear and speci?c evidence?). Third, if the plaintiff establishes a prima facie case, the burden shifts back to the defendant to show ?a defense by a preponderance of the evidence.? Krimbill, 2018 417 P.3d at 1245. ?If the plaintiff? prima facie case fails, or the defendant shows a defense by a preponderance of the evidence, the suit is dismissed.? Id. Here, there can be no dispute that Senator Sharp?s Press Release on an important matter of public concern relates to his exercise of the right of free speech. Plaintiff has not and cannot establish a prima facie case and, even if it could, Senator Sharp can demonstrate multiple defenses by a preponderance of the evidence. Therefore, if this Court does not dismiss this lawsuit on the basis of legislative or governmental immunity or statutory privilege, it should dismiss the suit under the OCPA, as outlined further below. A. This Suit Arises from Claims Related to Senator Sharp?s Right of Free Speech and Right to Petition. As noted above, the OCPA provides a mechanism for dismissal of a lawsuit that is ?based on, relates to or is in response to the party?s exercise of the right of free speech; right to petition; or right to association.? OKLA. STAT. tit. 12, The OCPA 10 de?nes ?Exercise of the right of free speech? and ?Exercise of the right to petition? as follows: 3. ?Exercise of the right of free speech? means a communication made in connection with a matter of public concern; . . . 4. ?Exercise of the right to petition? means . . . a communication that is reasonably likely to encourage consideration or review of an issue by a legislative, executive, judicial or other governmental body or in another governmental or of?cial proceeding . . . OKLA. STAT. tit. 12, 1431(3), A ?matter of public concern? includes an issue 9, (6 related to ?environmental, economic or community well-being, the government,? ?a public of?cial or public ?gure,? or ?a good, product or service in the marketplace . . . Id. 1431(7). Accordingly, the Press Release and related statements by Senator Sharp clearly fall within the OCPA as an exercise of both Senator Sharp?s free speech and petition rights. First, the topics addressed in the Press Release relate to economic and community well-being, the government, a public ?gure, and a service in the marketplace. For example, the Press Release references: 0 Senator Sharp?s ?concerns of further illegal enrollment practices by Epic Charter Schools in order to receive additional state funding?; 0 The application of state regulations to Epic Blended Charter School; 0 Senator Sharp?s belief that ?this is further evidence of [Epic?s] unethical, and possibly illegal, activities?; and The fact that Senator Sharp ?was disappointed the State Board of Education approved Epic?s accreditation given they are providing inaccurate enrollment numbers to receive state funding.? (Ex. A.5). It is hard to imagine a topic of greater public concern than the funding and regulation of public schools and alleged misuse of public funds. Certainly, these issues 11 concern the well?being of our community, the state?s economy, state government, and the educational services offered to Oklahoma citizens. In fact, this matter is of such interest to the public that the issues discussed in the Press Release are the subject of multiple media articles and government investigations. (Ex. Al). The Press Release therefore undoubtedly quali?es as ?an exercise of the right of free speech? for purposes of the OCPA. Second, the Press Release was an exercise of Senator Sharp?s exercise of the right of petition because the statement was part of the Senator?s efforts to encourage consideration or review of Epic?s funding and enrollment practices. (Ex. A, 1i 28). For the same reasons, all other statements which Plaintiff alleges are defamatory are covered by the OCPA. B. Plaintiff Cannot Satisfy its Burden of Proof for Each Element of its Libel Claim. Plaintiff?s only claim is for libel. 5 In Oklahoma, libel is statutorily de?ned as: a false or malicious unprivileged publication by writing, printing, picture, or ef?gy or other ?xed representation to the eye, which exposes any person to public hatred, contempt, ridicule or obloquy, or which tends to deprive him of public con?dence, or to injure him in his occupation . . . . OKLA. STAT. tit. 12, 1441. When allegedly libelous speech involves a public ?gure or a matter of public concern, a plaintiff must establish that the defendant ?either knew the statement was false or had serious doubt whether the statement was true or false.? Okla. Uniform Jury Instructions No. 28.2; see also, Krimbill, 2018 OK CIV APP 37 at 56, 57, 417 P.3d at 1253 (noting that when ?public ?gure? status applies, ?the actual malice standard requires proof that a defendant acted with knowledge that a publication was false ?or with reckless disregard of whether it was false or not??) (citing Martin v. Grif?n 5 While the Petition includes the heading OF ACTION Libel/Slander,? all of the statements Plaintiff alleges are defamatory were written statements or communications. (Pet. 23?29). Defendant will therefore analyze Plaintiff?s cause of action as one for libel, not slander. l2 Television, Inc, 1976 OK 13, 11 28, 549 P.2d 85). Further, ?[s]omething more fact-intensive than general allegations that the required elements exist should be necessary to Show a prima facie case pursuant to the Sw. Orthopaedic Specialists, P.L.L. C. v. Allison, 2018 OK CIV APP 69, 1] 19, 439 P.3d 430, 436. That being said, ?actual malice? is a question of law for the court to determine. Herbert v. Oklahoma Christian Coalition, 1999 OK 90, 11 18, 992 P.2d 322, 328 (citing Bose Corp. v. Consumers union of United States, Inc, 466 US. 485, 510-11 (1984)). Here, because Epic cannot prove that Senator Sharp acted with actual malice, it cannot establish a prima facie case for libel. The only allegedly defamatory statements described in the Petition with any speci?city are those contained within the Press Release attached to the Petition as Exhibit A. The statements contained within the Press Release re?ect Senator Sharp?s opinion as to whether Epic was violating Oklahoma attendance reporting regulations, and statements of opinion are protected by the First Amendment. Milkovich v. Lorain Journal C0., 497 US. 1, 18 (1990) statement of opinion relating to matters of public concern which does not contain a provably false factual connotation will receive full constitutional protection?). Further, any factual statements contained within the Press Release were based on information that Senator Sharp obtained from legislative staff and an August 12, 2019 email from Executive Director Rebecca Wilkinson. (Ex. A.2). For example, Wilkinson stated in her email that ?Because the does not authorize Epic Blended Charter School, the Oklahoma 777 Administrative Rules would not be applicable,? and that a student enrolled full-time in virtual charter school sponsored by the cannot be counted in the enrollment of a charter school not sponsored by the because ?it 13 would create an illegal dual enrollment situation in two public schools.? (Ex. A2). Senator Sharp therefore wrote in the Press Release: Being that the board does not sponsor the blended school, the board?s Title 777 of the Oklahoma Administrative Code (OAC) is not applicable to it. . . . Subsequently, Epic Blended Charter School cannot use the virtual attendance policy of OAC 777 contrary to Epic?s July statements. And that: Dr. Wilkinson ?arther veri?ed that for a student enrolled full-time in a virtual charter school sponsored by the OSVCB to be counted in the enrollment and attendance of a charter school not sponsored by the would ?create an illegal dual enrollment situation.? (Ex. A.5). These statements directly convey?and even quote?information provided by Wilkinson, a knowledgeable and presumptively reliable source for this information. As such, Plaintiff cannot establish that Senator Sharp?s statements were made with knowledge of falsity or reckless disregard for truth. Plaintiff also claims that Senator Sharp intentionally falsely stated in the Press Release that ?the State Department of Education (SDE) clari?ed that by law the BLCs are subject to the same attendance requirements as traditional charter schools, not virtual charter schools.? (Pet, 11 12) (citing the Press Release). However, this statement in the Press Release was made because Senator Sharp relied on an article in the Tulsa World reporting that Brad Clark, the Oklahoma State Department of Education?s general counsel, said that BLCs are subject to the same attendance requirements as traditional charter schools. (Ex. A, ll 19). Because Senator Sharp reasonably relied on the Tulsa World?s report, it cannot be said that he acted with knowledge of falsity or reckless disregard for truth with respect to this statement. 14 Further, Epic has failed to establish that Senator Sharp?s statement?s exposed it to ?public hatred, contempt, ridicule or obloquy? or deprived it of public con?dence. OKLA. STAT. tit. 12, 1441. Plaintiff states, in conclusory fashion, that ?Sharp?s statements have exposed Plaintiff, its staff, teachers, parents and students, to public hatred, contempt, and ridicule,? (Pet. 11 25), but provides no speci?c facts to support this statement. See Sw. Orthopaedic Specialists, P.L.L.C., 2018 OK CIV APP 69, {1 23, 439 P.3d at 437-48 (holding that plaintiff?s ?entirely generic? statements regarding an element of its claim failed to establish a primafacie case under the OCPA and citing with approval Texas case law holding that plaintiff must provide enough detail to show the factual basis for its claim,? including how the ?defendants damaged the plaintiff??) (citation omitted). Epic?s Petition therefore fails to establish a primafacie case for libel according to the heightened standard required by the OCPA. C. Defendant Can Establish Valid Defenses by a Preponderance of the Evidence. Even if Epic was, assuming arguendo, able to establish a prima facie case of libel, this lawsuit must nonetheless be dismissed because Senator Sharp can establish multiple legal defenses by a preponderance of the evidence. Proving something by a preponderance of the evidence requires a party to simply show something is more likely true than it is not. See, e. Henderson v. State, 1977 OK CR 238, 11 4, 568 P.2d 297, 298 preponderance of the evidence has been de?ned by this Court to mean simply the greater weight of evidence?) (citation omitted). Defendant can establish by a preponderance of the evidence at least four legal defenses to Epic?s libel 15 claim which do not raise questions of fact:6 1) The First Amendment of the United States Constitution, 2) Article 2, Section 22 of the Oklahoma Constitution, 3) the GTCA, and 4) statutory privilege. The question of whether a statement is protected by a person?s free speech rights is a question of law. Gaylord Entm ?t Co. v. Thompson, 1998 OK 30, 11 19, 958 P.2d 128, 142 (citing Winters v. Morgan, 1978 OK 24, 567 P.2d 1152; Harte-Hanks Communications, Inc. 491 US. 657 (1989)). Here, the First Amendment of the United States Constitution protects statements of opinion like those made by Senator Sharp in the Press Release on matters of public concern against defamation suits. See Milkovich v. Lorain Journal C0., 497 US. 1, 18 (1990); see also Rodney A. Smolla, Law of Defamation 6:21 (2d ed. Nov. 2019 update) (stating ?that as a matter of constitutional law, defamation actions (at least those involving issues of public concern and media defendants) must be based on ?statements [sic] provable as false.??) (emphasis in original) (citation omitted). Any statements made by Senator Sharp expressing his opinion about the legality of Epic?s enrollment practices are therefore protected First Amendment speech. Additionally, the Oklahoma Constitution provides separate, and even broader, free speech protection. It states: Every person may freely speak, write, or publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libel, the truth of the matter alleged to be libelous may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous be true, and was written or published with good motives and for justi?able ends, the party shall be acquitted. 6 Defendant reserves the right to raise additional defenses?including, specifically, the truth of his allegedly defamatory statements?in the event that his Motion to Dismiss is denied. 16 OKLA. CONST. art. 2, 22. Oklahoma law also takes special care to protect ?political speech,? de?ned as ?any expression concerning the ideas and art of governing.? Gaylord Entm C0., 1998 OK 30, 11 14, 958 P.2d at 139 (emphasis omitted). The Oklahoma Supreme Court has gone as far as to say that allow a defamation action to continue once it has been determined that the speech concerned protected political ideas and did not incite lawless action is in itself a violation of the constitution.? Id. at '11 18, 958 P.2d at 141 (emphasis and citation omitted). Application of Article 2, Section 22 is a question of law. Id. at 11 19, 958 P.2d 142. As Senator Sharp?s speech was certainly political in nature, his statements are protected by the Oklahoma Constitution. Finally, Senator Sharp can establish defenses under the GTCA and OKLA. STAT. tit 12, 1443.1 as discussed above. The applicability of each of those defenses is a question oflaw for the Court. See, Krimbill, 2018 OK CIV APP 37, 62, 417 P.3d 1240, 1254 (?Whether a communication is privileged is initially a question of law to be determined by the court?); Collins v. Paci?care of Oklahoma, Inc, 2006 OK CIV APP 100, 1] 8, 142 P.3d 1001, 1003 (observing that a trial court?s determination of whether a defendant enjoys immunity from suit is a question of law). Because 1) this lawsuit is a response to Senator Sharp?s exercise of the right of free speech and right of petition; 2) Epic has failed to establish a primafacie case of libel; and 3) Senator Sharp has demonstrated beyond a preponderance of the evidence that he has multiple legal defenses to Plaintiff?s defamation claim, this Court is statutorily compelled to dismiss the case under the OCPA. 17 REQUEST FOR HEARING AND RULING For motions to dismiss made pursuant to the OCPA, the statute sets forth various procedural requirements. A hearing on the motion to dismiss ?shall be set no later than sixty (60) days after the date of service of the motion . . . OKLA. STAT. tit. 12, This motion was served on Plaintiff on January 6, 2020. Additionally, ?[t]he court shall rule on a motion ?led pursuant to Section 3 of the Oklahoma Citizens Participation Act no later than thirty (30) days following the date of the hearing.? Id. Therefore, Defendant respectfully requests that this Court set a hearing date as soon as practicable. DAMAGES AND COSTS The OCPA also provides that ?the court shall award to the moving party: 1. Court costs, reasonable attorney fees and other expenses incurred in defending against the legal action as justice and equity may require; and 2. Sanctions against the party who brought the legal action as the court determines suf?cient to deter the party who brought the legal action from bringing similar actions described in the Oklahoma citizens Participation Act.? Id. 143 Substantial attorney fees, costs, and expenses have been incurred to defend this action. Accordingly, Senator Sharp requests that the Court order Plaintiff to pay his fees, costs, and expenses, and to award an appropriate sanction against Plaintiff as a deterrent to other similar lawsuits. CONCLUSION AND PRAYER FOR RELIEF For the reasons stated above, Defendant Ron Sharp requests that this action be dismissed with prejudice in its entirety and that Defendant be awarded his fees, costs, expenses, and all other relief to which he is entitled. l8 Sam R. Fulkerson, OK 43 70 Lori F. Winland, OK #32159 Collin N. McCarthy, OK #33964 OGLETREE, DEAKINS, NASH, SMOAK STEWART, PC. The Heritage Building 621 N. Robinson Ave., Suite 400 Oklahoma City, Oklahoma 73102 Telephone: 405-546-3774 Facsimile: 405-546-3775 sam.fulkerson@ogletree.com lori.winland@ogletree.com collin.mccarthy@ogletree.com Attorneys for Defendant Senator Ron Sharp 19 CERTIFICATE OF MAILING I hereby certify that on this 6th day of January 2020, I caused a true and correct copy of the foregoing to be served Via electronic mail on counsel for Plaintiff, by agreement of counsel: William H. Hickman HICKMAN LAW GROUP 330 W. Gray Street, Suite 170 Norman, Oklahoma 73069 Telephone: (405) 605-2375 Facsimile: (405) 605-2374 hickman@hickmanlawgroup.com Attorneys for Plaintiff Sam R. Fulkerson 41319721.1 20 EXHIBIT A IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA COMMUNITY STRATEGIES, INC, d/b/a EPIC CHARTER SCHOOLS, an independent Public School district of Oklahoma, Plaintiff, V. Case No. Judge Cindy H. Truong RON SHARP, an individual, Defendants. AFFIDAVIT OF RON SHARP STATE OF OKLAHOMA COUNTY OF OKLAHOMA SS. 1, Ron Sharp, being of lawful age and after being duly sworn upon oath, hereby state and declare as follows: 1. My name is Ron Sharp. 2. I have personal knowledge of the facts set out in this af?davit. 3. I submit this af?davit in support of the Motion to Dismiss ?led in this action on January 6, 2020. 4. I currently serve as an Oklahoma State Senator for Senate District 17. 5. In the Oklahoma Senate, I previously served as the Vice Chair of the Senate Education Committee, and I currently sit on the Senate Appropriations Subcommittee for Education. 6. I taught in Shawnee Public Schools for thirty-eight (38) years. 7. As a former educator who serves in the Oklahoma State Senate, I am interested in how state funding is allocated to charter schools. 8. As a part of my of?cial duties as a State Senator, I have sought to better understand the enrollment and student classi?cation practices of Epic Charter Schools 9. It is my understanding that Epic is the largest virtual charter school system in Oklahoma. 10. As a State Senator, I believe that Epic?s enrollment practices and the allocation of state funds to Epic are signi?cant issues involving the provision of educational services to children in the State of Oklahoma and the ?nancial well-being of the State and are therefore matters of public concern. 11. It is my understanding that Epic is currently or has been under investigation by the Oklahoma State Bureau of Investigation, the Oklahoma Attorney General?s Of?ce, the Federal Bureau of Investigation, and the United States Department of Education. According to media reports on these state and federal authorities? investigations of Epic, the investigations involve allegations of embezzlement and fraud. A true and accurate copy of a news article on this topic has been attached as an exhibit to this Affidavit as Exhibit A. 1. 12. As a part of my of?cial duties and to better understand the legality of Epic?s enrollment practices, I, my Senate staff, and/or my Executive Assistant have contacted the Oklahoma Statewide Virtual Charter School Board by phone and by email a number of times to request information and ask questions related to Epic and the regulation and operation of virtual charter schools in Oklahoma. 13. In one such communication, on August 12, 2019, my Executive Assistant Cindy Sullivan emailed Rebecca Wilkson, the Executive Director of the to request a response to a list of fourteen questions concerning Epic Blended Charter School and the laws and regulations governing virtual charter schools. 14. On August 12, 2019, Executive Director of the Rebecca Wilkinson, responded to my questions via email. A true and accurate copy of Cindy Sullivan?s email to Rebecca Wilkinson and Rebecca Wilkinson?s response is attached to this Af?davit as Exhibit A2. 15. In her response, Rebecca Wilkinson stated that the ?does not authorize/sponsor Epic Blended Charter School,? that ?Epic Blended Charter School is not considered a full-time virtual charter school,? and that a student cannot be enrolled full time in a virtual charter school which is sponsored by the while also being enrolled in a school not sponsored by the Oklahoma Charter School Board. Rebecca Wilkinson stated this is because that ?would create an illegal dual enrollment situation in two public schools.? Rebecca Wilkinson also stated that Epic Blended Charter School is ?authorized by Rose State,? not the 16. In addition to Rebecca Wilkinson?s statements, I became aware of a statement made on behalf of Epic by Emily Lang with Price Lang Consulting which stated that all Epic students are classi?ed as virtual charter school students. A true and correct copy of the statement I received is attached as an exhibit to this Af?davit as Exhibit A.3. 17. Taking this information together, with additional communications with Senate staff, I believed that Epic was non-compliant with Oklahoma laws and/or regulations regarding attendance reporting requirements because they were claiming to classify students as only virtual charter school students while Epic Blended Charter School was being sponsored by Rose State? an entity which I believe cannot legally sponsor virtual charter school students. I believe this to be true because, as stated by Rebecca Wilkinson in her August 12, 2019 email, the Oklahoma law governing the attendance policy for Virtual charter schools sponsored by the ?would not be applicable to other sponsors.? Exhibit A2. 18. Following Rebecca Wilkinson?s responses to my questions, I began to prepare an of?cial press release (the ?Press Release?) related to my understanding of the legality of Epic?s enrollment practices. 19. I understand that Plaintiff claims I stated in the Press Release that the State Department of Education ?clari?ed that by law the BLCs are subject to the same attendance requirements as traditional charter schools, not virtual charter schools? with knowing falsity. However, I believed this statement to be true because I relied on an article in the Tulsa World reporting that Brad Clark, the Oklahoma State Department of Education?s general counsel, said that BLCs are subject to the same attendance requirements as traditional charter schools. A true and correct copy of the Tulsa World article is attached to this Af?davit as Exhibit A.4. 20. In the Oklahoma State Senate, each Senator is paired with a Media Specialist. 21. Before the Press Release was published, I sent it to my assigned Media Specialist as part of the normal, of?cial process for issuing press releases through the Senate. 22. My understanding is that after press releases are sent to a Media Specialist, the Media Specialist sends those press releases to other Senate staff for review. It is also my understanding that after a Senator like myself sends a press release to a Media Specialist, it is in some instances forwarded to Senate legal counsel for review before publication. 23. It is my understanding that the Press Release was subject to the normal pre- publication review procedures after I sent it to the Media Specialist. 24. The Press Release was published on the Senate website on August 26, 2019. As of the date on which I signed this statement, the Press Release still resides on the Senate website. A true and accurate copy of the Press Release is attached to this Af?davit as A5. 25. The Press Release was published by me acting in my of?cial capacity as an elected member of the Oklahoma State Senate. 26. Before the Press Release was published, I made a good?faith effort to ensure the veracity of its contents. 27. I based my statements in the Press Release on the statements of Rebecca Wilkinson in her August 12, 2019 email, a statement made on behalf of Epic, and other information I believed to be true at the time the Press Release was published. 28. Publication of the Press Release was made in part to encourage the consideration or review of Epic?s funding and enrollment practices. 29. I have also made a good-faith effort to ensure the veracity of all other comments I have made with respect to Epic. 30. I understand that Plaintiff claims that the letter from Brad Clark, General Counsel of the State Department of Education, dated August 13, 2019 (cited in Paragraphs 17 and 18 of Plaintiff 5 Petition as Exhibit E) proves the falsity of the Press Release. However, I understand the contents of this letter to be a legal interpretation which I simply disagreed with in the Press Release. 31. I believe that Plaintiff ?led this lawsuit in an attempt to intimidate me and to silence my speech regarding the enrollment practices at Epic. According a December 14, 2019 article in the Tulsa World, other members of the Oklahoma Legislature have interpreted Epic?s conduct as an attempt to silence and intimidate lawmakers. A true and correct copy of the December 14, 2019 Tulsa World article is attached as Exhibit A6 to this Af?davit. FURTHER AFFIANT SAYETH NAUGHT ?9*an RonuliS arp SUBSCRIBED AND SWORN to before me, a notary public, this (a_"day of January 2020. 1? :02017501: 3 391w. 10/21/223; 9 a. NOTARY PUBLIC My Commission eXpires: e/Jl/a 2 413084632 EXHIBIT A.1 TO THE AFFIDAVIT 113/2020 Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators Education tulsaworidcom Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators Jul 18, 2019 By Andrea Eger Tulsa World The Federal Bureau of Investigation and the U.S. Department of Education?s law enforcement arm have also been probing Epic Charter Schools' student enrollment practices and ?nances, public records obtained by the Tulsa World show. Emails with of?cials at the Oklahoma State Department of Education and Statewide Virtual Charter School Board reveal that federal investigators were at work behind the scenes in the years after the Oklahoma State Bureau of Investigation's initial inquiry into allegations of fraud at Epic resulted in no charges. It is unknown whether there has been any coordination between state and federal investigators, who have all declined comment, but Epic?s most recent revenue reports show the ?nancial stakes of any fraudulent practices would be much higher for the state of Oklahoma than the federal government. latest investigation involves allegations of embezzlement, obtaining money by false pretenses and racketeering at the state?s fastest-growing online school system. And federal investigators' paper trail, obtained by request under the Oklahoma Open Records Act, shows a clear overlap in the subject matter now the focus of renewed probe. Agents with the federal Department of Education?s Of?ce of Inspector General, or OIG, and the FBI arranged meetings about "dual enrollment? of students, requested Epic?s banking information, student rolls by year, administrative cost reports, and federal funding amounts for special education students. and inquired about whether Oklahoma maintains a database of homeschooled students, which it does not. After the World's records request, state education of?cials ?rst submitted the public records for redaction of information deemed sensitive by OIG and FBI lawyers. Ultimately released were a host ofwritten communications between federal investigators and state education of?cials from throughout 2016 and 2017. Stef?e Corcoran, a spokeswoman for the state Department of Education, con?rmed that the federal investigators have continued to be in contact with the state agency about Epic through 2018 and 2019. A separate, but identical request to the Statewide Virtual Charter School Boa rd, which sponsors one of Epic's two school choices, produced a few, uncensored communications between OIG and the virtual board?s executive director. Examples of documents released include one from March 2016, when an OIG agent emailed David Kinney, then the in-house attorney for the state Department of Education, for assistance to the agent and an employee of OlG's Technology Crimes Division in obtaining data in a certain format for an subpoena.? In November 2016, an OIG agent emailed Nancy Hughes, the director of?nance at the education department, and copied Kinney and an FBI agent in asking the amount of money Epic received for special education that year. A few months later, OI wrote Kinney to say: "Our of?ce needs to obtain the direct deposit information used by OSDE (state Department of Education) to electronically transfer state and federal funds to Epic One on One Charter School.? In spring and summer 2017, Kinney shared information with the OIG and FBI agents about two big moves Epic was making. First, a new partnership to convert a small, struggling school near McAlester called Panola into a charter with all its students enrolled in Epic was announced. Then, Epic sought and received the sponsorship of Rose State College to open a second school model it calls Epic Blended Learning Centers. Email communications in late 2017 included the transfer of Epic's own submitted reports to the state's ?nancial accounting system for all public schools, called the Oklahoma Cost Accounting System, and arrangements for a meeting about the issue of dual enrollment between OIG, FBI and state education of?cials. Investigation began during Epic's start-up phase Back in 2013, then-Gov. Mary Fallin requested an OSBI investigation into allegations of fraud at Epic, which was then only two years old and a much smaller operation. About a year later, OSBI turned over its ?ndings to the Attorney General?s Of?ce, but no charges were ?led against anyone at Epic and no further announcement was ever made. In late February, the Tulsa World was the ?rst to report that Epic Charter Schools was once again under active investigation by OSBI, and also that authorities from the federal education department?s Of?ce of Inspector General were involved. Beth Green, an assistant special agent in charge at the OSBI, con?rmed their renewed investigation. And public records the World obtained at the time indicated widely circulating public accounts that some Epic Charter Schools students are dually enrolled in private schools appeared to be at least one line of inquiry by OIG during the summer of 2018. Epic denied all reports about the investigations for months, saying, "Epic has not been contacted by investigators and no federal agency has con?rmed a probe of Epic is ongoing." Then earlier this week, OSBI ?led public court documents revealing new allegations that Epic has wrongly obtained millions of taxpayer dollars by leaving students on its rolls long after they stopped attending and enrolling students from home schools and private schools who . .. 1/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators I Education tulsawondcom received little or no instruction by Epic. That reportedly included the so-called ?dual enrollment" of many students in both a private school and Epic, without the knowledge or consent of their parents. A search warrant was executed at the Oklahoma City home of one Epic teacher, but no one has been arrested or charged, and an OSBI spokeswoman said their investigation is still ongoing. Asked about the status of the federal investigation revealed in the newly-obtained records, Andrea Anderson, public information of?cer for the Oklahoma City Division of the FBI, told the Tulsa World, "The FBI does not con?rm or deny the existence of an investigation.? And an OIG spokeswoman said that of?ce does not con?rm or deny active investigations but issues public reports after their completion. No such report has been issued. Asked again whether Epic had been contacted by federal investigators, Shelly Hickman, an assistant superintendent and spokeswoman, responded: "The school has neither been of?cially contacted nor has it received any subpoenas. A teacher was interviewed by a federal agency approximately a year ago and in the presence of Epic school attorney Chuck Richardson. However, nothing fu rther resulted from that interview and Epic is not aware of further outreach by any federal entities since that time." What is Epic and how much money is at stake? Epic Charter Schools opened in 2011, founded by two Oklahoma City men, Ben Harris and David Chaney, under a nonpro?t corporation by the name of Community Strategies. But Harris and Chaney, who until a month ago was also Epic?s superintendent, are both owners of Epic Youth Services LLC, a separate, for- pro?t company with which the school contracts for its operation. That contract indicates an annual cost of $125,000 for "development services" plus a 10 percent share ofthe school's collected revenues as an "indirect cost allocation." To put that 10 percent into context, Epic Charter Schools was allocated $112.9 million in state aid funding alone for ?scal year 2019. State funding sources accounted for 94.5 percent of all of Epic?s revenue, compared to 5.4 percent in federal funding in ?scal year 2018, the most recent year for which ?nal revenue ?gures are available. In court records, OSBI said it reviewed bank statements that showed Harris and Chaney had split pro?ts of at least $10 million between 2013 and 2018. Epic serves students in pre-kindergarten all the way through 12th grade. It began with a statewide virtual charter school called Epic One- on-One. Then, in 2017, it sought and received the sponsorship of Rose State College to open a second school model it calls Epic Blended Learning Centers. Since then, Epic?s overall student count has grown exponentially, from 13,200 in October 2017, to more than 23,000 by the close of 2018- 19. Epic Blended Learning, which offers students a blend of online and in-person instruction at three centers located in Tulsa and Oklahoma City, is set to open a fourth center come fall in Midwest City. What it took to get these public records On April 3, the World sent identical requests to the Oklahoma State Department of Education and Statewide Virtual Charter School Board for all records from recent years involving representatives of the US. Department of Education Of?ce of Inspector General and the Federal Bureau of Investigation. The Statewide Virtual Charter School Board responded with its records less than three weeks later with no information censored, or what is commonly referred to as redaction. At the state Department of Education, two document searches by the Of?ce of Management and Enterprise Services were required to produce records deemed responsive to the World?s request. Department of?cials also asked that the World agree to narrow the scope of its request, so it could weed out records concerning other matters. Then, the release of the records was delayed by several weeks because Brad Clark, who now serves as general counsel at the state Department of Education, submitted the records for review by attorneys at OIG and FBI. Nearly three months after the request was?led, state education of?cials released hundreds of pages of records which had whole pages blacked out by the feds, along with every individual?s name and contact information. The World objected and state education of?cials agreed to uncensor their own state employee names and the portion of the federal agents' email addresses which would reveal which agency they are with from a select number of pages at the World's own choosing. A day later, 39 pages were provided to the World. Clark formerly represented Epic in its legal battle to become an established online charter school against the very same state agency where he now works. His wife, Tiffany Clark, is currently Epic?s contract school board clerk. Asked whether Clark serves as the point of contact for federal investigators as his predecessor, David Kinney, did before him, the department's spokeswoman said that Assistant General Counsel Lori Murphy was asked to step in since she had been privy to the earlier communications. Asked whether that was the result of any con?ict of interest, Corcoran responded by saying Clark's "pre?existing relationships had been shared with the aforementioned entities early on." She added, "state and federal entities work with whomever they need to, including Brad.? Related: Epic Charter Schools under investigation: 10 key_points you need to know Governor requests state audit of Epic Charter Schools; school's sponsor already in touch with state auditor The Tulsa World submitted a open record request looking for correspondence between federal investigators and state education of?cials. Here are ?ve examples of what was discussed. Epic Charter Schools investigation: Email dated March 15, 2016 . .. 2/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators Education tulsaworid.oom From: David Kinney Sent: 5 2016 3:20 Cc: Jenni er Foster Subject: RE: Please have-contact: Jennifer Foster 405 522-0205. le David L. Kinney General Counsel Oklahoma State Department of Education Office of Legal Services 2500 N. Lincoln Blvd., Room 117 Oklahoma City, OK 73105 (405) 521-4352 Sent: Friday, Mar 2 6 2:03 We,? Subject: EPIC David, I have Included-on this email-is with our Technology Crimes Division TCD) and will be working on the EPIC subpoena with me. When we talk next week, we need to make sure and haveifor the conversation, because-will know more about how to obtain the data in a format that can be used. Thanks! Epic Charter Schools investigation: Email dated Nov. 30, 2016 . .. 3/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators Education tulsaworldcom From: mm Sent: Wec To: Nan Cc: Subject: pic Importance: High Nancy, Can you give me the amount of money epic has received for IDEA this year? Epic Charter Schools investigatior a2-5bdb-a64a?dee . .. OX 4/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators Education 1 tulsawondcom From: _@ed.gov> Sent: Monday, January 30, 2017 9:37 AM To: David Kinney Subject: RE: Epic David, The second one says the partner name OVB, then to Eplc? From-:11 David Kinney 7 I 1 Sent: irliail 27, 2017 8:24 AM 3 To: Cc: Nancy Hughes Subject: RE: Eplc Per your request. David L. Kinney General Counsel Oklahoma State Department of Education i Office of Legal Services 3 2500 N. Lincoln Blvd., Room 117 Oklahoma City, OK 73105 1 (405) 521-4352 i From: Sent: Thursday, January 26, 2017 2:54 PM To: Davld Kinney Cc: Nancy Hughes Subject: Eplc David, Our of?ce needs to obtain the direct deposit information used by OSDE to electronically transfer state and federal funds to Epic One on One Charter School. Thank you, Epic Charter Schools investigation: Email dated June 14,2017 5/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators Education tulsaworldcom From: @fbi.gov> Sent: Wednesday, June 14, 2017 7:28 PM To: David Kinney,* Subject: RE: Epic and Rose State Co ege Thank you, sir.Fwill be up here on Friday and we may head your way if (when) we have follow up questions about IS. nu. Original message From: David Kinney Date: 06/14/2017 1:30 PM - edem? Subject: FW: Epic and Rose State College FYI From: Lori Murphy Sent: Wednesday, June 14, 2017 12:36 PM To: David Kinney Subject: FW: Epic and Rose State College Importance: High brought down a copy of the contract and chatter application for Epic?s new an?angcment with Rose State. The heading is ?Contract for Epic Blended Charter School Rose State College?. I have the hard cepy in my of?ce. Lori Murphy Assistant General Counsel Oklahoma State Depaitment of Education .com/news/Iocal/ed a2-5bdb-a643-d ee .. 6/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools. along with federal education investigators Education tulsaworldcom Epic Charter Schools investigation: Email dated Dec. 6, 2017 From: David Kinney Sent: WeinesdaiI December 06, 2017 4:42 PM To: Subject: FW: Epic FY17 OCAS Data Attachments: Epic FY17 Administrative Cost From: Katherlne Black Sent: Friday, December 01, 2017 2:46 PM To: David Kinney Subject: Epic FY17 OCAS Data Epic has ceiti?ed their FY17 OCAS data and their Administrative Cost appears to be at 3.28%. I have attached a copy of the report for your information and review. Thanks Katherine Black Executive Director Financial Accounting/OCAS/Audits Oklahoma State Department of Education Financial Accounting?OCAS 2500 North Lincoln Blvd., Suite 420 Oklahoma City, 0k 73105 Phone: (405) 522?0275 Fax: (405) 522?3271 Email: Katherine.Black@sdc.ok.gov Related content Tulsa lawmaker presses Hofmeister on Charter oversight amid Epic allegations 'because $10 million is deeply concerning' Epic Charter Schools under investigation: 10 key points you need to know . .. 7/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools, along with federal education investigators Education tulsaworld.com Journalism worth your time and money If we don?t tell the story, WHO Award-winning journalism you can?t find anywhere else. Subscribe to TULSAWORLD today for 99?. MEDIA COMPANY Subscribe to get unlimited digital access for 99 cents the ?rst month and $5.95 after that. tulsaworld.com subscribe. Oklahoma virtual school under investigation Oklahoma virtual school under investigation . .. 8/9 1/3/2020 Records show FBI has also been looking into Epic Charter Schools. along with federal education investigators Education tulsawortd.com More information Tulsa lawmaker presses Hofmeister on charter oversight amid Epic allegations ?because $10 million is deeply concerning' - Swink school district facing forced consolidation says Epic leader offered a rescue: 'I'm in pretty good with my 9/9 EXHIBIT A.2 TO THE AFFIDAVIT From: Rebecca Wilkinson Sent: Monday, August 12, 2019 2:55 PM To: Cindy Sullivan Cc: MARIE . . OK . GOV Subject: RE: REQUEST FROM SENATOR RON SHARP Senator Ron Sharp requests the following information from Dr. Rebecca Wilkinson/Oklahoma CharterSchool Board: 1) Does Epic Blended Charter School have a Contractwith the Statewide Virtual Charter Board to operate a virtual charter school with the Statewide Virtual Charter Board as its sponsor? a) if yes, please provide a copy of the Contract b) if no, please specify that in writing c) Which Board is the sole entity authorized by Oklahoma 70 08 3-1 45.1 and 777 Oklahoma Administrative Rules received such authorization to operate a statewide virtual charter school? b) No, The Statewide Virtual Charter School Board does not authorize/sponsor Epic Blended Charter School. 2) Is Epic Blended Charter School operating underthe 70 OS 3-145.1? a) if yes, please provide an explanation b) if no, please provide an explanation b) No, Epic Blended Charter School is not considered a full-time virtual charter school and is authorized by Rose State. 3) Is Epic Blended Charter School operating underthe Oklahoma 777 Administrative Rules? a) if yes, please provide an explanation b) if no, please provide an explanation b) Becausethe does not authorize Epic Blended Charter School, the Okla homa 777 Administrative Rules would not be applicable. 4) Does the State-vvide Virtual Charter School Board or its Executive Director have any Title 70 3- 145.3 statutory compliance oversight over Epic Blended Charter School? a) if yes, please provide an explanation b) if no, please provide an explanation b) No, the nor its Executive Director, does not have any oversight over Epic Blended Charter School. 5) Has Epic Blended Charter School submitted to the Statewide Virtual Charter Board a performance review as required in compliance to 777 Oklahoma Administrative Rules? No, any such report would be provided to the school?s authorizer, Rose State. 6) Can a student enrolled full time in a virtual charter school which is sponsored by the Oklahoma Statewide Virtual Charter Board be counted in the enrollmentand subsequent attendance of a charterschool not sponsored by the Oklahoma Charter School Board? a) if yes, please provide an explanation b) if no, please provide an explanation b) No, it would create an illegal dual enrollment situation in two public schools. i 7) Can a student enrolled in a virtual charter school sponsored by the Oklahoma Statewide Virtual harter Board be dually enrolled in any ofthe following: a) traditional public school? No b) private school? No c) home school? No d) another virtual charter school charter school sponsored by the Oklahoma Statewide Virtual Charter Board No e) another charter school sponsored by one of the sponsors listed in 70 OS 3-132? No 8) Does the 70 OS 3-145.8 attendance policy for virtual charterschools sponsored by the Statewide Virtual Charter Board apply to any charter school not sponsored by the State-wide Virtual Charter Board? a) if yes, please provide an explanation b) if no, please provide an explanation b) No, as stated in Section A, 70 OS 3-145.8 would not be applicable to other sponsors. 9) Is there a 70 OS provision that specifies the enrollment attendance policy for a charter school that is not sponsored by the Oklahoma Statewide Virtual Charter Board? a) please provide that 70 OS I am not aware of other enrollment attendance policies for other charter schools. 10) Is Epic One on One Virtual Charter School sponsored by the Oklahoma Statewide Virtual Charter Board? Yes. 11) Can the Oklahoma State-wide Virtual Charter School provide any written documentation or correspondence directed to Community Strategies Inc [operating as Epic One on ne Virtual Charter School] that it is not in compliance requirements to 70 OS 3-145.1? a) If yes, please provide an explanation b) if no, please provide an explanation b) No such documentation is available. 12) Epic spokespersons stated in the Oklahoman on July 12, 2019, of its students in Tulsa and Oklahoma County are counted under blended center enrollment, regardless of whether those students had access to a blended center". a) Is this an accurate statement by the Epic spokeswoman? No b) please provide an explanation Initially, the was told this statement was true. However, after requesting written documentation, it was discovered that 1,552 students in Tulsa and Oklahoma County are enrolled in Epic One on One Charter School. 13) As quoted in the Oklahoman July 12,2019 edition [page "All Epic students, even those at the blended center, are considered virtual charter school students in accordance with state law", a) Is this July 12,2019 statement by Epic spokeswoman statutorily in compliance with the 70 OS 3?145.1 70 OS 3-145.3, 70 OS 3-145.8, and 777 Oklahoma Administrative Rules? Ido not believe this is an accurate statement. 14) Please forward to my office all Community Strategies Inc communication the Oklahoma Statewide Virtual Charter Board forwards and receives as of August 12,2019. The is unable to provide this information by 4 pm today, but will begin work on compliance with this open records request. I want this information by 4 pm Monday, August 12, 2019 from Dr. Wilkerson. RON SHARP, SENATOR DISTRICT 17 MEMBER, APPROPRIATIONS SUB-COMMITTEE ON EDUCATION From: Cindy Sullivan Sent: Monday, August 12, 2019 7:35 AM To: Rebecca Wilkinson CC: Subject: REQUEST FROM SENATOR RON SHARP Senator Ron Sharp requests the following information from Dr. Rebecca Wilkinson/ Oklahoma Charter School Board: 1) Does Epic Blended Charter School have a Contract with the Statewide Virtual Charter Board to operate a virtual charter school with the Statewide Virtual Charter Board as its sponsor? a) if yes, please provide a copy of the Contract b) if no, please specify that in writing c) Which Board is the sole entity authorized by Oklahoma 70 OS 3445.1 and 777 Oklahoma Administrative Rules received such authorization to operate a statewide virtual charter school? 2) Is Epic Blended Charter School operating underthe 70 OS 3-145.1? a) if yes, please provide an explanation b) if no, please provide an explanation 3) Is Epic Blended Charter School operating underthe Oklahoma 777 Administrative Rules? a) if yes, please provide an explanation b) if no, please provide an explanation 4) Does the State-wide Virtual Charter School Board or its Executive Director have any Title 70 3- 145.3 statutory compliance oversight over Epic Blended Charter School? a) if yes, please provide an explanation b) if no, please provide an explanation 5) Has Epic Blended Charter School submitted to the Statewide Virtual Charter Board a performance reviewas required in compliance to 777 Oklahoma Administrative Rules? 6) Can a student enrolled full time in a virtual charter school which is sponsored bythe Oklahoma Statewide Virtual Charter Board be counted in the enrollmentand subsequent attendance of a charter school not sponsored by the Oklahoma Charter School Board? a) if yes, please provide an explanation b) if no, please provide an explanation 7) Can a student enrolled in a virtual charter school sponsored by the Oklahoma Statewide Virtual Charte Board be dually enrolled in any ofthe following: a) traditional public school? b) private school? c) home school? d) another virtual charter school charter school sponsored by the Oklahoma Statewide Virtual Charter Board e) another charter school sponsored by one of the sponsors listed in 70 OS 3-132? 8) Does the 70 OS 3-145.8 attendance policy for virtual charterschools sponsored by the Statewide Virtual Charter Board apply to any charter school not sponsored by the State?wide Virtual Charter Board? a) if yes, please provide an explanation b) if no, please provide an explanation 9) Is there a 70 OS provision that specifies the enrollment attendance policy for a charter school that is not sponsored by the Oklahoma Statewide Virtual Charter Board? 8) please provide that 70 OS 10) Is Epic One on One Virtual Charter School sponsored by the Oklahoma Statewide Virtual Charter Board? 11) Can the Oklahoma State-wide Virtual Charter School provide any written documentation or correspondence directed to Community Strategies Inc [operating as Epic One on One Virtual Charter School] that it is not in compliance requirements to 70 OS 3445.1? a) if yes, please provide an explanation b) if no, please provide an explanation 12) Epic spokespersons stated in the Oklahoman on July 12, 2019, of its students in Tulsa and Oklahoma County are counted under blended center enrollment, regardless ofwhether those students had access to a blended center". a) Is this an accurate statementby the Epic spokeswoman? b) please provide an explanation 13) As quoted in the Oklahoman July 12, 2019 edition [page "All Epic students, even those at the blended center, are considered virtual charter school students in accordance with state law", a) Is this July 12,2019 statement by Epic spokeswoman statutorily in compliance with the 70 OS 3-145.1; 70 OS 3?145.3, 70 08 3-1 45.8, and 777 Oklahoma Administrative Rules? 14) Please forward to my of?ce all Community Strategies Inc communication the Oklahoma Statewide Virtual Charter Board forwards and receives as ofAugust 12,2019. I want this information by 4 pm Monday, August 12, 2019 from Dr. Wilkerson. RON SHARP, SENATOR DISTRICT 17 MEMBER, APPROPRIATIONS SUB-COMMITTEE ON EDUCATION EXHIBIT A.3 TO THE AFFIDAVIT 3.20;: Eoic Charter isenanorsharp?gmail.corn) net Monday, July 15, 2019 08:13 PM CDT Original message From: "Martinez-Keel. Nuria? Date: 7/15/19 2:23 PM To: senatorsharp (:senatorsharpfcagmallcone> Subject; Fwd: Epic Charter This is the statenieni Lane provided to me c-n behalf of Epic Forwarded message "mm- From; Emiiy Lang Date. Thu. Jul 1.1. 2019 at 4:47 PM Subieci: 1e: Epic Charter To i-fiartinez-Keei. Nirria Statement here: ?All EPIC students are reported in accordance with state law as virtual charter school students. Attendance for virtual students, whether or not they choose to access a blended learning center, is basically a function of whether or not students are completing their assignments. There is not a separate statute governing attendance reporting for virtual students whe choose to utilize a physicai building. Those buildings are meant to serve as a tooi for students and teachers, but their use is not required, At the outset of partnership with Rose State Coliege, Senator Sharp was invited to a meeting, Which he declined to attend.That invitation remains Open.? LANG m: ADS 7.431333 I?rr a: bum it rain tweet. Him. mi Eurnoiu 73012 w: e: ienargizpricelang.oarn On in; 'l 231?. a: 3.247? PM Nuria *4 wrote izmiiy. EXHIBIT A.4 TO THE AFFIDAVIT 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education By Andrea Eger Tulsa World Jul 12, 2019 1/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education 3 1? l_l f. ?f i Sharp Matt Barnard Related content State education of?cials deny clearing Epic Charter Schools in investigation, despite school's new claims Investigation into Epic Charter Schools: Seven key points you need to know A state senator is raising new questions about Epic Charter Schools, the operator of Oklahoma?s largest statewide Virtual charter school and centers that blend online and in- person instruction in Tulsa and Oklahoma counties. Sen. Ron Sharp, R-Shawnee, said he has tried in vain for nearly three months to ?nd out how Epic could have received millions of dollars in state funding the last two years for 3,000-4,000 students in middle and high school when the school?s own website and assistant superintendent have said the Blended Learning Centers they are enrolled in can only be attended by students in early education and elementary school grades. .comlnews/local/ed 2/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education Sharp, a member of the Senate Appropriations Subcommittee on Education, said the Oklahoma State Department of Education assured him for months that they were working on a request he submitted for public records on the matter. Then in June, the education department?s legal counsel reportedly told him he would have to pay an $850 labor fee for those records. ?The legislature should have access to any and all ?nancial information from the state agencies we?re entrusted to fund and oversee. The public expects us to be good stewards of their money and we must hold our state agencies, including the State Department of Education, accountable for their spending,? said Sharp in a Thursday news release. Asked to respond, Stef?e Corcoran, a spokeswoman for the education department, said: ?We will be following up on the new information received today. They (Epic) have testing information for students in grades 7?12, enrollment data and a signed af?davit from the school principal approving what is the (state accreditation) compliance report.? And Brad Clark, the department?s legal counsel, said after Sen. Sharp objected, the agency offered to ?absorb the cost? of processing the request, which Clark said was for 12 years? worth of correspondence between Epic and the state agency. ?It?s not common that we receive a request of this magnitude in both time and scope. So when we receive a request like that, it does cause an excessive disruption to this agency,? he said. ?Each of those records have to be reviewed for (federal student privacy law) compliance.? 3/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education Epic One-on?One is a statewide virtual charter school sponsored by the Oklahoma Statewide Virtual Charter School Board. Two years ago, Epic added Blended Learning Centers, or BLCs, sponsored by Rose State College in Midwest City, that offer students a blend of online and in?person instruction in buildings located in Tulsa and Oklahoma City. Sharp said he is questioning how Epic could have received millions of state dollars for BLC students in grades 6?12 in FY18 and grades 7-12 in FY19 when Epic?s website states that during its ?rst year, ?it only accommodated pre-K through ?fth grade and pre-k through sixth grade during the 2018-19 school year.? Epic is opening a new BLC in Midwest City for the 2019-20 academic year. As of Thursday, Epic?s website still states ?Students attending these sites must be residents of either Oklahoma or Tulsa County, respectively, and must be in grades pre- K-6 with the exception of Midwest City, which serves students in grades 7?12 only.? Sharp attached to his press release an email from Shelly Hickman, assistant superintendent at Epic, answering a question about the matter from state senate staff on June 24. 00:18 00:30 ODOT to start bridge repair work Monday on I-44 at US. 169junction READ MORE 4/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education ?In 17-18, we served PK-S in two BLC sites (one in OKC and one in Tulsa). In 18-19, we served PK-6 in three BLC sites (two in OKC and one in Tulsa),? Hickman wrote. Sharp cited state education records he said show Epic BLC had 3,078 students enrolled in grades six through 12 the ?rst year and 3,995 students enrolled in grades seven through 12 last school year. ?I?m just confused why they turned in enrollment numbers for grades that their website and an administrator said they didn?t provide,? Sharp said in his news release. ?Perhaps this is a clerical error or an oversight but as legislators we must be good stewards of the people?s tax dollars, especially when it comes to our education system.? Sharp alone authored nine bills earlier this year seeking new restrictions or greater accountability for the public dollars ?owing to virtual charter schools, but was dismayed that many didn?t even receive a hearing before the Senate Education Committee. He told the Tulsa World he issued a news release Thursday because he believes his question about Epic student attendance calls into question the use of millions of taxpayer dollarsaddressed. ?This is a totally different examination of what?s going on from the state investigation into Epic, based on what I?ve been told,? said Sharp, referring to the Oklahoma State Bureau of Investigation?s most recent investigation into Epic Charter Schools, last . .. 5/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education 1 Education described as ?active? in February by Beth Green, an OSBI assistant special agent in charge. Asked what the state?s requirements are for BLC student attendance, Brad Clark, the state department of education?s attorney, said by law, the BLCs are subject to the same attendance requirements as traditional charter schools not virtual charter schools. ?The statute is very clear that statewide virtual charter schools have a specific methodology for how they are to adopt their policy for reporting and calculating attendance and that is different than what is required for a brick and mortar school,? Clark said. But asked to respond, Emily Lang, with Epic?s contract public relations ?rm Price Lang Consulting, said that statement was wrong because all Epic students ?are reported in accordance with state law as virtual charter school students.? ?Attendance for virtual students, Whether or not they choose to access a blended learning center, is basically a function of whether or not students are completing their assignments,? Lang told the Tulsa World. ?There is not a separate statute governing attendance reporting for virtual students who choose to utilize a physical building. Those buildings are meant to serve as a tool for students and teachers, but their use is not required. At the outset of Epic?s partnership with Rose State College, Senator Sharp was invited to a meeting, which he declined to attend. That invitation remains open.? Oklahoma virtual school under investigation .. 6/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education Andrea Eger 918-581?8470 wor/dcom Twitter: @AndreaEger Email from Epic on student attendance Jul 11,2019 7/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education ?Epic's reported student enrollment 2018? 19 Andrea Eger Jul 11,2019 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education Epic?s reported student enrollment 2017?18 Andrea Eger Jul 11,2019 Epic Charter Schools under investigation: 10 key points you need to know Jul 18, 2019 Andrea Eger StaffWriter Andrea is 3 projects reporter, examining key education topics and other local issues. Since joining the Tulsa World in 1999, she has been a three?time winner of Oklahoma?s top award for investigative reporting by an individual. Phone: 918-581-8470 rte r-schools-and/a rticle_78e11 223?64ec-57d e-8 . . . 9/10 1/4/2020 State senator raises new questions about Epic Charter Schools and oversight by Oklahoma State Department of Education Education .com/news/Iocal/ed .. 10/1 0 EXHIBIT A.5 TO THE AFFIDAVIT 1/3/2020 OKLAHOLVIA STATE EN ATE WW5 DMSION - STATE CAPITOL Oklahoma City. Oklahoma Immediate Release: August 26, 2019 Virtual Charter School Board veri?es Epic is not following law regarding enrollment reporting Sen. Ron Sharp_, a member of the Senate Appropriation Subcommittee on Education, said Monday his recent correspondence with the Oklahoma Statewide Virtual Charter School Board veri?es his concerns of further illegal enrollment practices by Epic Charter Schools in order to receive additional state funding. The state?s largest virtual charter school is currently under investigation for fraud and embezzlement. Last month, Sen. Ron Sharp questioned Epic after they publicly admitted reporting all their Oklahoma and Tulsa County students under their brick and mortar Epic Blended Learning Centers (BLCs) whether they attended the physical locations or not. An Epic spokesperson responded to the media at the time that they report all their students as virtual charter school students in accordance with state law and that there is no separate statute governing the reporting of attendance for those students who use physical buildings (BLCs). However, the State Department of Education (SDE) clari?ed that by law the BLCs are subject to the same attendance requirements as traditional charter schools, not virtual charter schools. Executive Director Dr. Rebecca Wilkinson agreed with the SDE concerning the attendance policy in email correspondence with Sharp on August 12, 2019. She veri?ed that Rose State College authorizes/sponsors Epic Blended Charter School and it is not considered a full-time virtual charter school. Being that the board does not sponsor the blended school, the board?s Title 777 of the Oklahoma Administrative Code (OAC) is not applicable to it. Other charter schools, like the BLCs, fall under Title 210 of the OAC. Subsequently, Epic Blended Charter School cannot use the virtual attendance policy of OAC 777 contrary to Epic?s July statements. Sharp also pointed out that the brick and mortar charter school cannot be in compliance with the OAC 777 virtual attendance policy, which prohibits a student from receiving more than nine hours per week of face to face instruction. The blended charter school is also violating the 180 days of instruction or 1,080 instructional hours attendance policy. Dr. Wilkinson further veri?ed that for a student enrolled full-time in a virtual charter school sponsored by the OSVCB to be counted in the enrollment and attendance of a charter school not sponsored by the would ?create an illegal dual enrollment situation?. Sharp believes this is further evidence of their unethical, and possibly illegal, activities. The legislator was disappointed the State Board of Education approved Epic?s accreditation given they are providing inaccurate enrollment numbers to receive state funding. ?This is a blatant misrepresentation of enrollment numbers. During the enrollment process, parents choose for their kids to either utilize the virtual learning option or the blended learning one but then Epic is listing all Oklahoma and Tulsa County students under the Blended Learning Charter School, which has different statutory requirements. The State Board 1/2 1/3/2020 of Education needs to clarify the law for Epic and request accurate enrollment numbers for the Blending Learning Centers before proceeding on with their state funding,? said Sharp. ?Why the State School Board didn?t see this as a de?ciency or question the enrollment numbers is troubling. We must hold all of our schools, regardless of whether they are virtual or brick and mortar, ?nancially accountable. The law is clear, and schools need to follow it.? Virtual charters and brick and mortar charters are considered different entities under state law. They have different attendance and sponsorship requirements and, therefore, are funded differently based on those requirements. Under Oklahoma statute, students can only be considered as "virtual" if they attend a virtual charter school sponsored by the Epic One on One Virtual Charter School is sponsored by the The "Contract" with its sponsor determines its statutory compliance requirements. The BLCs are sponsored by Rose State College and under their contract they are listed as traditional brick and mortar public charter schools, which fall under the oversight of the State Board of Education. Email with Dr ilkin For more information, contact: Sen. Ron Sharp, 405-521-5539 2/2 EXHIBIT A.6 TO THE AFFIDAVIT 1/3/2020 Lawmakers accuse Epic Charter Schools of trying to intimidate them, setting 'dangerous? precedent with defamation lawsuit against state Lawmakers accuse Epic Charter Schools of trying to intimidate them, setting 'dangerous' precedent with defamation lawsuit against state senator i By Andrea Eger Tulsa World Dec 14, 2019 1 /7 1/3/2020 Lawmakers accuse Epic Charter Schools of trying to intimidate them, setting 'dangerous' precedent with defamation lawsuit against state State Rep. Sheila Dills (right) answers questions with Rep. Carol Bush (center) and Rep. Denise Brewer during the 28th Annual Legislative Luncheon in Jenks on Friday. STEPHEN World STEPHEN PINGRY Related content _E_pic Charter Schools sues state senator who questioned student attendance and funding, accusing him of slander Tulsa-area lawmakers blasted Epic Charter Schools on Friday for suing a state senator for slander and libel over statements he reportedly made while questioning the school?s student attendance practices. 2/7 1/3/2020 Lawmakers accuse Epic Charter Schools of trying to intimidate them, setting 'dangerous' precedent with defamation lawsuit against state Rep. Sheila Dills, R-Tulsa, called the lawsuit ?led Tuesday against Sen. Ron Sharp, R- Shawnee, an attempt to silence constituents whose concerns legislators are sworn to represent and an attempt to intimidate other lawmakers just before their ?rst deadline to ?le bills for the upcoming 2020 session. ?The rami?cations of that lawsuit are far greater than the lawsuit itself,? Dills said. ?It?s not ironic that lawsuit was made public four days before our ?rst bill ?ling. ?No public entity receiving taxpayer dollars is above the highest degree of scrutiny we could possibly give. That means asking tough questions; that means investigating. No one no one is above that. That is called good governance.? In mid?July, Sharp issued the ?rst in a series of news releases questioning how Epic could have received millions of dollars in state funding the previous two years for 3,000 to 4,000 students in middle and high school when the Epic Blended Learning Centers in which they were enrolled could be attended only by students in early education and elementary school grades. Epic warned Sharp in a ?cease and desist? letter in September that he faced ?immediate legal action? if he didn?t comply with the school?s demand for a published retraction of his previous statements. On Tuesday, Epic accused Sharp of libel and slander in a lawsuit ?led in Oklahoma County District Court. 3/7 1/3/2020 Lawmakers accuse Epic Charter Schools of trying to intimidate them. setting 'dangerous' precedent with defamation lawsuit against state In a press release issued Tuesday evening, Epic said its governing board ?has been left with no other option than to move forward with legal proceedings to protect the school.? The comments about the Epic lawsuit by several local lawmakers came at a public forum hosted Friday afternoon by enks Public Schools. The Epic defamation suit was the topic of a question submitted by a member of the public in attendance. Rep. Denise Brewer, D-Tulsa, commented: ?It?s dirty; it?s ugly; and we won?t stand for it.? She added: ?It?s reprehensible, and it?s a threat. If any one of us ?led legislation, it?s simply a threat of, ?Look at what is waiting for you, so you?d better watch yourself because you?re going to have a lawsuit waiting for you, and you don?t know how else we are going to make your life miserable.?? Rep. Jeff Boatman, R-Tulsa, called on people to send Sharp a supportive email or card ?if you agree with the stand he took.? ?It?s our job to ask the tough questions,? Boatman said. ?That?s not something as legislators we are going to back down from. We represent you. That?s our job.? After the public forum, the Tulsa World asked two more lawmakers present to share their thoughts on the subject. Senator Joe Newhouse, R?Tulsa, called it a ?very dangerous precedent.? He said he ?illy supports Sharp because lawmakers ?should be free to ask the hard questions and broadcast what we?ve learned.? Then he added: think this is going to backfire on this particular charter school that initiated this. I think it?s a bad PR move that is going to hurt them more than it helps them.? Former enks Mayor Lonnie Sims, a Republican who now serves in the House of Representatives for a district that encompasses enks, Glenpool, west Tulsa and Berryhill, said, ?As elected of?cials, you are in the public and subject to that.? .. 4/7 1/3/2020 Lawmakers accuse Epic Charter Schools of trying to intimidate them, setting 'dangerous' precedent with defamation lawsuit against state As for Epic, Sims said, ?In this case, I think it?s absolutely wrong what they?re doing. I don?t think it?s good politics for them, either, and I?m not sure they?ll get a lot of public support for what they?re doing, but it?s their decision.? Dills said during the public forum that if Epic were to prevail in the lawsuit, which seeks an undisclosed amount of damages in excess of $75,000, the case would set a precedent for ?every issue of government.? ?We might as well go home and let the special interest groups run our government totally,? she said. ?There would be no need for us if that were to happen, so that should be concerning for all 4 million citizens of this state.? Dills, then in her freshman term as a lawmaker, authored one of the only successful pieces of legislation during the 2019 session targeting virtual schools with new ?nancial transparency reporting requirements and prohibitions on employee con?icts of interest. Her House Bill 1395 resulted in Epic?s co-founder, David Chaney, stepping down from his role as superintendent because of his ownership stake in the for?profit company that manages the public charter school. It also put in place new accounting requirements for all public schools aimed at capturing more detailed spending information from online charter schools. On Friday, Dills said she is filing several new bills to clamp down on virtual charter schools, including one concerning their use of millions of taxpayer dollars for advertising and marketing. .. 5/7 1/3/2020 Lawmakers accuse Epic Charter Schools of trying to intimidate them, setting 'dangerous? precedent with defamation lawsuit against state ?We don?t want public dollars being Spent on malls and amusement parks,? Dills said. The Oklahoma State Bureau of Investigation has an ongoing probe into allegations of embezzlement, obtaining money by false pretenses, racketeering and forgery at Epic. And as the Tulsa World previously reported, the Federal Bureau of Investigation and the US. Department of Education?s law enforcement arm also have been investigating Epic Charter Schools? student enrollment practices and ?nances for the past several years. In response to the law enforcement investigations, Gov. Kevin Stitt requested an investigative audit of. Epic Charter Schools and its related entities by the state auditor, which is ongoing. Featured video Watch as 41 people in Tulsa take the oath of citizenship 6/7 1/3/2020 Lawmakers accuse Epic Charter Schools of trying to intimidate them, setting 'dangerous' precedent with defamation lawsuit against state Andrea Eger 918-581-8470 andrea.eger@tulsaworld.com Twitter: @AndreaEger And rea Eger Staff Writer Andrea is 3 projects reporter, examining key education topics and other local issues. Since joining the Tulsa World in 1999, she has been a three-time winner of Oklahoma?s top award for investigative reporting by an individual. Phone: 918-581-8470 1 01 367?743c?5964?a6e3-545a37. .. 7/7