Democratic members of the Oklahoma State Assembly on Thursday urged Republican lawmakers to help them veto administrative regulations enacted by the Oklahoma State Board of Education in recent months, saying they have no legal basis. I called out.
Meanwhile, legislative leaders also reported Thursday in The Oklahoman that more than 130 Oklahoma Department of Education employees have left the agency since State Schools Superintendent Ryan Walters took over in January 2023. They also responded.
Democrats said Oklahoma law prohibits state commissions and agencies from making administrative regulations without the express approval of the state Legislature. In making that argument, they cited an opinion from state Attorney General Gentner Drummond that was sought by Rep. Mark McBride (R-Moore) last year.
“Let me be clear: these rules are invalid,” said Senate Minority Leader Kay Floyd, D-Oklahoma City. “They are unenforceable, and any action taken by the state Department of Education regarding these regulations is null and void and unenforceable. We caucus as Democrats and advocate across the aisle on this issue. We will work together to resolve the issue.”
In February, the State Board of Education passed a number of regulations for Oklahoma schools, including school accreditation, school prayer, teacher conduct and diversity, and equity and inclusion (DEI) procedures. After approval by the Board, these rules must be approved by both the Legislature and the Governor before they can take effect.
Sen. Cari Hicks, D-Oklahoma City, pointed to Monday's scheduled meeting of the Senate Administrative Rules Committee as an important meeting.
“We are trying to sound the alarm and take a proactive approach by saying these are outside the board's purview,” Hicks said.
The state board's rule-making authority is at the center of a lawsuit filed by Edmond Public Schools against Walters, the board and the Department of Education. The Edmond School District argues that the district, not the state agency, has the right to choose what books go into school libraries. Walters' lawyers, the agency and the board argue that Drummond's opinion “misinterprets relevant statutes and case law.”
State attorneys said in legal filings that part of the Oklahoma Administrative Procedure Act provides that the Board of Education can “adopt policies and establish regulations relating to the operation of the public school system within the state.” , alleges it gives the state commission the authority to create new rules that are not required. by the legislature.
“OSDE has broad constitutional authority to act in the best interests of Oklahoma students,” said agency spokesman Dan Isett. “Additionally, there is existing legal authority that supports the State Board of Education’s rulemaking process, which is followed according to the letter of the law. That’s what we’re looking for, and Superintendent Walters is delivering on that.”
Newspaper reports about retirements at government agencies receive comments from members of Congress.
Aside from the rules issue, lawmakers also expressed concern about The Oklahoman's reporting on the large number of departures from the department in recent months. Since July, 65 people have resigned, retired or been fired.
X, formerly known as Twitter, Walters posted a video He criticized The Oklahoman's reporting, using the paper's derogatory name, saying: …But that's who they are. those are fake news. They will continue to lie to Oklahomans and try to undermine the work we are doing here. ” Mr Walters acknowledged the reduction in staff numbers and said it was saving taxpayers money.
Legislative Democrats have called for Mr. Walter's impeachment or investigation three times so far. On Thursday, state Rep. John Waldron (D-Tulsa), a member of the House Appropriations and Budget Education Subcommittee, expressed concern about the state education agency's ability to perform its basic mission.
“We have to staff those (educational) buildings to take care of 540-odd school districts and 700,000 children,” Waldron said. “The work is huge. It requires grant writing, school support, oversight, curriculum creation, professional development, reaching out to all schools, but if we don't have experts in place, our schools cannot receive service.”
He continued, “There is a level of dysfunction that is probably completely unprecedented in the state Department of Education. must be fulfilled.”
Waldron said many Republicans would only reach such a view “when they are too embarrassed” or when their supermajorities in both chambers of Congress could be threatened as a result.
House Speaker Charles McCaul (R-Atoka) didn't seem ready to open an investigation because Walters is a statewide elected official. He said accountability for Walters “ultimately lies with the people of Oklahoma.”
“I think the superintendent probably needs to answer questions about why there is so much turnover,” McCall said. “Has he replaced all of those people? Can he effectively and efficiently run an agency (of) government at that level? That's a question every agency administrator has to answer. I don’t think it should happen.”
McCall said the number of dropouts “seems like a significant number, and if we hear from a school that they're not receiving services, that could potentially rise to the level of some kind of legal review.” Admitted. But…coming back to this issue, will the Legislature take action against the Superintendent, who is an elected official…It would take a significant level of failure before the vote can be overturned. ”
