‘They Messed Up:' How An Oklahoma Teacher’s State-Issued Bonus Caused Her To Sue OSDE

A teacher shared why she's suing the State Department of Education and the State Superintendent.

Kay Bojorquez is a special education teacher at Epic Charter Schools. She says she doesn’t understand why she owes the state $50,000, money she received through a teacher bonus program she thought she qualified for last year. “Looked like I met everything; all the qualifications,” Bojorquez said. “Definitely life-changing. There’s no way I can pay this money back.” 

State Superintendent Ryan Walters sent a letter to lawmakers saying, “OSDE discovered that several teachers misrepresented their experience and qualifications.” In the letter, Walters blamed the media for what he calls “misinformation” about OSDE’s teacher bonus program.   

Oklahoma Watch and State Impact first reported the magnitude of OSDE's overpayments to some bonus recipients. News 9 obtained emails from Edmond and Moore Public Schools revealing initial worries over the rollout of the state's teacher incentive program. “That’s not the teachers’ fault,” said Mark Hammons, an attorney representing Bojorquez. “That’s Ryan Walter’s fault.” 

Walters shifted blame toward these teachers at last week’s board meeting. “What you saw was our accountability system work,” said Walters, taking questions during a Jan. 25 OSDE board meeting. “If any individual lied about the process ... we have been very clear we will claw back those dollars.” “For him to call my character into question is not okay,” Bojorquez said. 

It’s why Bojorquez filed a lawsuit against OSDE and Walters. Hammons said the contract allows OSDE to claw back money if a teacher fails to complete five school years. “The state approved the contract,” Hammons said. “There is no clawback for a mistake made by the state department of education.” 

Bojorquez didn’t receive $50,000 because $21,000 went to taxes. “They want her to pay back all of the money, including the money that the government has,” Hammons said. 

The money she received she spent taking care of her disabled sister, who has cerebral palsy, and paying for her son’s college education. “I don’t even know if I’m gonna be able to provide for my family after this,” Bojorquez said. 

If the requirements of this contract were clear, Hammons said Bojorquez should not need to worry, but Bojorquez fears she’ll have to file bankruptcy if she’s forced to pay this money back. Hammons said when the state issues money to people without verifying their eligibility, the public is left with 50,000 reasons to wonder if this program is working. “That’s their fault,” Hammons said. “What they’re saying is, ‘We changed our mind.’” 

Hammons said the clawback letter that they sent doesn’t even claim Bojorquez made a mistake on her application. “They messed up,” Bojorquez said. 

News 9 was told Ryan Walters was all booked up on Tuesday. Wednesday he will meet with journalists at 10 a.m. at the Capitol.