Can an Oklahoma CareerTech school district run its own licensed driver's ed program?

Plain-English summary

Attorney General Gentner Drummond concluded that a CareerTech (a technology center school district overseen by the State Board of Career and Technology Education) can lawfully run its own licensed driver education program. Because state law makes a CareerTech "a body corporate" with "the usual powers of a corporation for public purposes," and driver education serves the public purpose of roadway safety, a CareerTech can operate a driver's ed program the same way a commercial business would.

The opinion also answers two follow-up questions the request raised. First, because a CareerTech is not a public or nonpublic secondary school for Service Oklahoma's purposes, its driver education program has to be licensed by Service Oklahoma as a "commercial driver training school," the same license private driving schools use. Second, running that licensed program does not force the CareerTech to open its classrooms to competing private commercial driving schools; the equal-access rule that requires a public school to share its facilities with all commercial schools once it lets in one applies to public secondary schools, not to a CareerTech operating its own in-house program.

What this means for you

CareerTech administrators considering a driver's ed program

The opinion holds that your CareerTech's general corporate powers under 70 O.S. § 14-108(B) are enough authority to operate a licensed driver education program and charge tuition for it, so long as the program is licensed by Service Oklahoma as a commercial driver training school.

Private commercial driving school operators

The opinion holds that a CareerTech running its own driver education program does not have to let outside commercial driving schools use its facilities on the "equal and non-discriminatory" terms that apply when a public secondary school lets an outside driving school use its buildings. The Hennessey equal-access rule applies to public schools that open their doors to some outside driving schools, not to a CareerTech's own in-house program.

State legislators and CareerTech board members

The opinion confirms the Board's broad statutory authority to determine what courses and services CareerTechs may offer, and clarifies that this 2026 opinion overturns 1997 OK AG 8 to the extent that older opinion is inconsistent with this conclusion.

Common questions

Q: Does a CareerTech need special legislative permission to run a driver's ed program?
A: No. The opinion concludes the existing statutory grant of "usual powers of a corporation for public purposes" already covers it, since driver education serves the public purpose of roadway safety.

Q: Who licenses a CareerTech's driver education program?
A: Service Oklahoma, under the same "commercial driver training school" license used by private driving schools, because a CareerTech is not a public or nonpublic secondary school for these purposes.

Q: If a CareerTech runs its own driver's ed program, does it have to let private driving schools use its classrooms too?
A: No. The opinion holds the equal-access requirement in Service Oklahoma's rules applies when a public school opens its facilities to an outside commercial driving school, not to a CareerTech operating its own program.

Q: Does this let a CareerTech act as a "stockholder" in a private business in violation of the Oklahoma Constitution?
A: No. The opinion says that constitutional limit is aimed at redirecting public funds to private entities by gift or investment, and does not stop a CareerTech from running its own driver education business.

Background and statutory framework

Oklahoma's CareerTech system traces to a 1966 constitutional amendment (Article X, Section 9B) authorizing technology center school districts, with details on formation, powers, and Board oversight filled in by statute. CareerTechs serve both secondary students and adults seeking career and technical training.

Separately, Oklahoma law allows five paths for a minor to qualify for a driver's learner permit: public secondary school courses overseen by the State Department of Education, courses at nonpublic secondary schools certified by Service Oklahoma, licensed commercial driver training schools, certified parent-taught courses, and courses certified by another state. Because a CareerTech does not fit the "public secondary school" or "nonpublic secondary school" categories, its driver's ed program falls into the commercial driver training school category and must be licensed accordingly.

Citations and references

Statutes:
- 70 O.S.Supp.2024, § 14-108(B), CareerTech corporate powers for public purposes
- 70 O.S.2021, § 14-103, Board's powers and duties over CareerTech curriculum
- 47 O.S.Supp.2024, § 6-105(C), the five qualifying paths to a driver's learner permit
- 47 O.S.Supp.2024, § 801, definition of "commercial driver training school"
- OKLA. ADMIN. CODE § 670:15-37-13(a)(6), equal and non-discriminatory facility access requirement
- OKLA. CONST. art. X, § 9B, constitutional authorization for technology center school districts
- OKLA. CONST. art. II, § 31, state's right to engage in business for public purposes

Cases:
- Hennessey v. Independent School District No. 4, Lincoln County, 1976 OK 101, 552 P.2d 1141, equal-access rule for public school facilities
- Marley v. Cannon, 1980 OK 147, 618 P.2d 401, statutory entities possess only express and necessarily implied powers
- In re Initiative Petition No. 319, State Question No. 563, 1984 OK 23, 682 P.2d 222, broad definition of "public purpose"
- Grand Hydro v. Grand River Dam Auth., 1943 OK 158, 139 P.2d 798, state business ventures serving a public purpose

Source

• Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2026/9.html
• Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2026/A.G. Opinion 2026-9.pdf

Original opinion text

GENTNER DRUMMOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2026-9
The Honorable Mike Osburn
Oklahoma House of Representatives, District 81
2300 N. Lincoln Boulevard, Room 246
Oklahoma City, OK 73105

June 16, 2026

Dear Representative Osburn:
This office has received your request for an Attorney General Opinion in which you ask, in effect,
the following questions:
1. May a technology center school district ("CareerTech") overseen by the State
Board of Career and Technology Education ("Board") lawfully operate a
licensed driver education program?
2. If the answer to Question 1 is "yes," what is the proper licensing body for a
CareerTech-operated driver education program?
3. If the answer to Question 1 is "yes," must the CareerTech at which the driver
education program is offered allow private commercial driver education
schools to utilize CareerTech facilities to hold their classes?
I.
SUMMARY
Under Title 70 of the Oklahoma Statutes, a CareerTech is "a body corporate" that possesses "the
usual powers of a corporation for public purposes." 70 O.S.Supp.2024, § 14-108(B). This statutory
authority is sufficient to enable a CareerTech to operate a driver education program. Such a
program must be licensed by Service Oklahoma as a "commercial driver training school." Service
Oklahoma rules require a "public school" that allows one commercial driver training school to use
its facilities to also allow others to do the same on an "equal and non-discriminatory basis." OKLA.
ADMIN. CODE § 670:15-37-13(a)(6). However, this requirement does not apply to a CareerTech
that operates its own licensed driver education program.

II.

BACKGROUND
Among other benefits, participation in driver education courses enables minors in Oklahoma to
obtain a learner permit to operate a Class D motor vehicle at 15 years old. 47 O.S.Supp.2024, § 6105(C). By statute, there are five options for qualifying driver education courses:
(1)
(2)
(3)
(4)
(5)

courses offered through public secondary schools, as established and overseen by the
State Department of Education ("SDE"), pursuant to title 70, sections 19-113 – 19121 of the Oklahoma Statutes,
courses certified by Service Oklahoma that are offered through parochial, private, or
other nonpublic secondary schools,
courses offered by commercial driver training schools licensed by Service Oklahoma
pursuant to title 47, sections 801 – 808 of the Oklahoma Statutes,
parent-taught courses certified by Service Oklahoma, and
courses certified by another state.

See id.
According to your request, at least two CareerTech locations operate driver education programs
on their campuses and are licensed by Service Oklahoma. Competing private commercial driving
schools have argued that (i) a CareerTech cannot lawfully operate this type of licensed
"commercial driver training school," or (ii) if CareerTechs may lawfully do so, then the
CareerTech facilities must be made available to private commercial driving schools on "an equal
and non-discriminatory basis," as purportedly required by Service Oklahoma rules and Hennessey
v. Independent School District No. 4, Lincoln County, 1976 OK 101, 552 P.2d 1141.
III.

DISCUSSION
Oklahoma's modern CareerTech system was established by article X, section 9B of the Oklahoma
Constitution, adopted in 1966 through State Question 434. See 2008 OK AG 32, ¶ 1. Specifically,
section 9B authorizes (i) the establishment of "technology center school districts," in accordance
with procedures prescribed by the Board, (ii) a process for ad valorem assessments to support a
district's technology center, and (iii) supervision and governance by the Board. OKLA. CONST. art.
X, § 9B. Unlike most constitutional provisions, section 9B authorizes its own amendment by the
Legislature, which the Legislature has done on several occasions since the section's enactment. Id.
§ 9B(H); see also 2008 OK AG 32, ¶¶ 1–3.
The Legislature has provided further detail in statute regarding the establishment of CareerTechs,
their powers and duties, and the Board's oversight of the CareerTech system. See 70 O.S.2021, §
14-103 (Board's powers and duties), 70 O.S.Supp.2024, § 14-108 (establishment of CareerTechs).
With regard to the Board, the Legislature has charged it not only with developing instructional
models and curricula for Oklahoma's vocational students but also cooperating with secondary
schools and institutions of higher education to further vocational and technical training in the State.
See 70 O.S.2021, § 14-103(4), (5), (7)-(9). Consistent with this broad charge, enrollment in
CareerTech programs ranges from secondary school students to adults seeking industry-specific
training or career development. See Oklahoma CareerTech, 2026 Media Kit, available at
https://oklahoma.gov/careertech/media-center/communications-and-marketing.html (last visited
June 16, 2026).
A.

A CareerTech may lawfully operate a licensed driver education program.

As noted above, while the Oklahoma Constitution authorizes the creation of CareerTechs, the
details of their formation and operation are left to statute. See 70 O.S.Supp.2024, § 14-108. As
creatures of statute, CareerTechs possess only those powers expressly granted by statute and those
implied powers that are necessary for the due and efficient exercise of their express powers. Marley
v. Cannon, 1980 OK 147, ¶ 10, 618 P.2d 401, 405.
By statute, the Legislature largely delegated to the Board the power to determine what courses and
services are offered at CareerTechs. See 70 O.S.Supp.2024, § 14-108(A) (CareerTechs "shall be
operated in accordance with rules of the [Board], except as otherwise provided in [Title 70 of the
Oklahoma Statutes]."); see also 70 O.S.2021, § 14-103 (granting Board authority over CareerTech
curriculum). However, the Legislature also provided specifically that a CareerTech, once formed,
is "a body corporate" that possesses "the usual powers of a corporation for public purposes,"
including the power to enter into contracts and hold property. 70 O.S.Supp.2024, § 14-108(B); see
also OKLA. ADMIN. CODE § 780:15-3-1 (Board rule adopting the same language). Based on this
broad grant of authority, it is clear that a CareerTech may operate, and charge students a fee to
participate in, a driver education program just as a commercial entity would, so long as driver
education is considered a "public purpose."
While the term "public purpose" has not been interpreted with respect to CareerTechs, its meaning
has been addressed repeatedly in the context of the State's constitutional authority to engage in
any business for a public purpose. See OKLA. CONST. art. II, § 31 ("The right of the State to engage
in any occupation or business for public purposes shall not be denied nor prohibited[.]"). In short,
the Oklahoma Supreme Court in "determining what constitutes a 'public purpose' . . . has approved
a broad rather than a restrictive definition." In re Initiative Petition No. 319, State Question No.
563, 1984 OK 23, ¶ 14, 682 P.2d 222, 224. For example, the court has held that State-run
businesses ranging from supplying hydroelectric power to shirt manufacturing serve public
purposes. See Grand Hydro v. Grand River Dam Auth., 1943 OK 158, ¶ 30, 139 P.2d 798, 80203; Rice v. State, 1924 OK 1112, ¶ 3, 232 P. 807, 810.
The reasoning in these cases suggests that providing driver education courses also serves a public
purpose. Indeed, the Legislature itself has described the "aims and purposes" of driver education
programs as largely revolving around roadway safety. See 70 O.S.2021, § 19-113. Moreover,
Oklahoma's public schools are statutorily authorized to "establish and maintain automobile driver
education for students that attend secondary public schools in that district." Id. § 19-114. Given
that driver education is provided to foster safety on public roads, a quintessential public
purpose, and is even authorized to be provided by public schools, this office concludes that a
CareerTech may lawfully operate a licensed driver education program through its status as a
corporation serving a public purpose.

In your request, you also ask whether a CareerTech-operated driver education program would violate the
provision of the Oklahoma Constitution that prohibits the State from being "an owner or stockholder in…any
company, association, or corporation." See OKLA. CONST. art. X, § 15(A). This concern is misplaced. The purpose of
article X, section 15 is "to limit only the ability to redirect public funds to private entities by way of gift or direct
investment." 2025 OK AG 18, ¶ 9 (emphasis in original). It does not prohibit a CareerTech from engaging in the
business of operating a driver education program made available to the public.

B.

A CareerTech-operated driver education program must be licensed as a commercial
driver training school by Service Oklahoma.

As mentioned at the outset, in order for a driver education program to qualify a 15-year-old to
obtain a learner permit, the program must be licensed by Service Oklahoma if offered by a
commercial driving school; certified by Service Oklahoma if offered by a "parochial, private, or
other nonpublic secondary school"; or overseen by SDE if offered by a public secondary school
pursuant to title 70, sections 19-113 – 19-121. See 47 O.S.Supp.2024, § 6-105(C). Because a
CareerTech is not a public or nonpublic secondary school for the purposes of Service Oklahoma
administrative rules, its driver education program must be licensed as a "commercial driver
training school" by Service Oklahoma.
A "commercial driver training school" is defined, in relevant part, as "a business enterprise
conducted by an individual, association, partnership, or corporation, for the education and training
of persons … to operate or drive motor vehicles and/or to prepare an applicant for an examination
given by the state for a driver license…and charging a consideration or tuition for such services[.]"
47 O.S.Supp.2024, § 801. As explained in Section II.A, a CareerTech is "a body corporate" that
possesses "the usual powers of a corporation for public purposes," which includes the authority to
engage in a business enterprise. 70 O.S.Supp.2024, § 14-108(B); see also 18 O.S.2021, §§ 1015 –
1016 (listing powers of a corporation). Accordingly, a CareerTech-operated driver education
program that charges students tuition or other consideration fits the definition of "commercial
driver training school." As such, the program must be licensed by Service Oklahoma.

In 1997, this office opined that a "State educational institution," when operating as an educational
institution, cannot be licensed as a "commercial driver training school" because such an institution "is not per se a
business enterprise conducted by an individual, association, partnership or corporation." 1997 OK AG 8, ¶ 2 (emphasis
in original). However, that opinion specifically left open the question of "[w]hether a State educational institution
might conduct, in some manner, a business enterprise which would fall within the definition of a commercial driver
training school[.]" Id. ¶ 3. This Opinion answers that question as to CareerTechs. To the extent Attorney General
Opinion 1997-8 is inconsistent with this Opinion, it is overturned.

C.

A CareerTech that operates a licensed driver education program need not allow a
private commercial driver education school to utilize CareerTech facilities to hold
that school's driver education classes.

In its administrative rules, Service Oklahoma sets forth the requirements to obtain a "commercial
driver training school" license, including minimum requirements for classroom facilities. See
OKLA. ADMIN. CODE § 670:15-37-13. Of particular relevance here, one such rule provides that "if
a commercial driver education school is located in a public school, [it] shall present to Service
Oklahoma…a current contract with the school district signed by the superintendent of the district."
Id. § 670:15-37-13(a)(6) (emphasis added). Among other things, the contract must provide that
"any public school in the school district…is available on an equal and non-discriminatory basis to
any other commercial driver education school desiring to conduct business on public school
property in the school district on the same terms and at the same time as the commercial driver
education school named in the contract as required by Hennessey v. ISD No. 4, 552 P.2d 1141
(Okla. 1976)[.]" Id. (emphasis added). Based on this provision, and the conclusion that a
CareerTech may operate a licensed "commercial driver education school," your final question is
whether the CareerTech facilities at which a CareerTech driving education program is offered must
be made available to other commercial driver education schools.
The term "public school" is not defined in Service Oklahoma rules. As a result, it must be given
"its ordinary meaning[], considering both the specific context in which [it] is used and the broader
context of [the rules] as a whole." In re Taylor, 899 F.3d 1126, 1129 (10th Cir. 2018) (internal
quotations omitted). Looking at the Service Oklahoma rules as a whole, in every instance in which
the term "public school" is used, it is in reference to public secondary schools whose driver
education programs are overseen by SDE. See OKLA. ADMIN. CODE §§ 670:15-37-3(b)(1)
(application for instructors provided by SDE); 670:15-37-4(b) (instructor qualifications
determined by SDE); 670:15-37-8(b) (course material determined by SDE); 670:15-37-10
(specifications for instructional vehicles set by SDE); 670:15-37-12 (reporting forms furnished by
SDE). But CareerTechs are overseen by the Board, not SDE. Given this context, a reasonable
reading of the above requirement is that a public secondary school that allows an outside
commercial driver education school to use the public school's facilities for driver education
courses must offer all other commercial schools "equal and non-discriminatory" access. This
reading is consistent with the holding in Hennessey, which addressed a school district that allowed
certain outside organizations to use its facilities but denied access to others. 1976 OK 101, 552
P.2d 1141. The court held that:
A state is under no duty to make school buildings available for public gatherings
and a school board is not prevented from barring its use for unlawful purposes. But
where a school district allows a number of organizations to use its facilities for nonacademic purposes, a board must not unconstitutionally discriminate against any
comparable applicant in deciding who will and who will not be permitted its use.
Id. ¶ 15, 552 P.2d at 1145 (citations omitted).
In the situation presented in this Opinion, the CareerTech is not opening its facilities to an outside
commercial driver education school. The CareerTech is operating its own driver education
program. While that program might hold the same Service Oklahoma-issued license as a private
commercial driving school, nothing in Hennessey or in Service Oklahoma rules requires the
CareerTech to make its facilities available to private commercial driving schools for that reason
alone.

Indeed, the fact that the Service Oklahoma rule specifically references the requirements of Hennessey
suggests that the rule is intended to level the playing field among private commercial driving schools that wish to use
public school facilities, and to assure that any public school that agrees to such use operates in an even-handed manner
consistent with constitutional requirements. That situation is factually and legally distinguishable from the scenario
presented here. To be sure, a CareerTech is a state agency so if it opens its facilities to outside organizations, Hennessey
forbids it from unconstitutionally discriminating against comparable organizations. But a CareerTech's own driver
education program is not an "outside organization."

It is, therefore, the official Opinion of the Attorney General that:
1. A CareerTech may lawfully operate a licensed driver education program.
2. A CareerTech-operated driver education program qualifies as a "commercial
driver education school" that must be licensed by Service Oklahoma.
3. A CareerTech that operates a licensed driver education program need not—
for that reason alone—allow private commercial driver education schools to
utilize CareerTech facilities to hold that school's driver education classes.

GENTNER DRUMMOND
ATTORNEY GENERAL OF OKLAHOMA

JUSTIN WOLF
DEPUTY ATTORNEY GENERAL