Higher Education
OU must answer allegations of racial discrimination in financial aid
Jonathan Small | October 12, 2026
In 2024, three students filed a class-action lawsuit against the University of Oklahoma, alleging the school has illegally based financial aid decisions on students’ race.
OU sought to have the lawsuit dismissed on procedural grounds. University officials argued that the students lacked standing to sue and that the university is legally protected from lawsuits since it is an “arm of the State.”
But on Sept. 25, U.S. District Judge Patrick Wyrick rejected OU’s motion. The ruling does not establish that OU discriminated. It means the plaintiffs’ allegations are sufficient for the case to proceed, allowing OU to present evidence and defend its financial-aid practices.
That’s how it should be. Questions this important should not go unanswered.
In their complaint, the plaintiffs alleged that “racial preferences continue to exist at the University of Oklahoma” despite prior court rulings, including a 2023 U.S. Supreme Court ruling that outlawed the use of race in college admissions.
As evidence of the alleged illegal racial discrimination, the plaintiffs’ complaint cited a statistical analysis of publicly available data that, according to the plaintiffs, “indicates that the University of Oklahoma considers race when awarding financial aid to its students.”
The plaintiffs say the analysis found that black students were given greater amounts of scholarship aid than similarly situated non-black students, meaning two students from similar economic and social backgrounds received different scholarships based solely on race.
“Based on the University of Oklahoma’s published enrollment data and the financial-aid data that it reported to the Department of Education from 2009 to 2022, statistical analysis shows that black students receive more institutional grant aid from the University of Oklahoma than other students, even when controlling to the extent possible for factors such as family income,” the complaint stated.
Furthermore, the complaint noted that an official from the University of Oklahoma’s Office of Admissions told one plaintiff “that financial aid was generally not available to students like her, but would have been if she were African American.”
The basic principle driving this lawsuit is simple: If two students come from similar economic backgrounds and have similar academic records, and the only real difference between the two is racial background, then the two students should receive similar levels of financial aid.
OCPA general counsel Ryan Haynie is local counsel for the lawsuit, so the organization I lead clearly believes this case deserves a fair hearing. Oklahomans who care about preserving a color-blind society can be glad we will get one.
Jonathan Small
President
Jonathan Small, C.P.A., serves as President and joined the staff in December of 2010. Previously, Jonathan served as a budget analyst for the Oklahoma Office of State Finance, as a fiscal policy analyst and research analyst for the Oklahoma House of Representatives, and as director of government affairs for the Oklahoma Insurance Department. Small’s work includes co-authoring “Economics 101” with Dr. Arthur Laffer and Dr. Wayne Winegarden, and his policy expertise has been referenced by The Oklahoman, the Tulsa World, National Review, the L.A. Times, The Hill, the Wall Street Journal and the Huffington Post. His weekly column “Free Market Friday” is published by the Journal Record and syndicated in 27 markets. A recipient of the American Legislative Exchange Council’s prestigious Private Sector Member of the Year award, Small is nationally recognized for his work to promote free markets, limited government and innovative public policy reforms. Jonathan holds a B.A. in Accounting from the University of Central Oklahoma and is a Certified Public Accountant.