Democrats call education board's rules 'void' and say AG Gentner Drummond is on their side

Democrats in the Oklahoma Legislature called Thursday for their Republican counterparts to join them in rejecting administrative rules created in recent months by the Oklahoma State Board of Education, claiming the creation of those rules had no legal basis.

Meanwhile, legislative leaders also reacted to The Oklahoman’s report on Thursday that more than 130 employees of the Oklahoma State Department of Education have left the agency since state schools Superintendent Ryan Walters took office in January 2023.

Democrats said Oklahoma law prevents a state board or agency from creating administrative rules without express approval from the Legislature to do so. They cited an opinion from state Attorney General Gentner Drummond – sought last year by Rep. Mark McBride, R-Moore – in making that claim.

“Let us be clear – these rules are void,” said Senate Minority Leader Kay Floyd, D-Oklahoma City. “They are unenforceable, and any action taken by the State Department of Education regarding these rules will also be void and unenforceable. We stand as Democrats in the caucus … to work across the aisle to resolve this.”

The state Board of Education in February passed a slew of rules regarding school accreditation, prayer in schools, teacher behavior and diversity, equity and inclusion (DEI) procedures in Oklahoma schools and other topics. After board approval, those rules must be approved by both the Legislature and the governor before taking effect.

Sen. Carri Hicks, D-Oklahoma City, pointed to a meeting of the Senate Administrative Rules Committee scheduled for Monday as a key one.

“We are trying to be proactive in our approach in raising an alarm and saying these are outside of the board’s authority,” Hicks said.

The state board’s rulemaking authority is at the center of a lawsuit filed by Edmond Public Schools against Walters, the board and the education department. The Edmond district says it -- not the state agency -- has the right to choose which books are carried in school libraries. Attorneys for Walters, the agency and the board argue that Drummond’s opinion “misconstrues relevant statutes and precedents.”

The state attorneys argue in their legal filings that a portion of Oklahoma's Administrative Procedures Act that says the board can “adopt policies and make rules for the operation of the public school system in the state” giving the state board authority to create new rules not requested by the Legislature.

“There is broad constitutional authority vested in OSDE that grants it the ability to act in the best interest of Oklahoma students,” agency spokesman Dan Isett said. “Additionally, there is existing statutory authority underpinning the State Board of Education's rulemaking process, and that has been followed to the letter of the law. Oklahoma parents and Oklahoma voters have demanded better of our schools and of the agency, and that is what Superintendent Walters is delivering.“

Newspaper report into agency departures also draws comment from legislators

Separately from the rules issue, legislators also expressed concern about The Oklahoman’s report about the many departures from the agency in recent months. Just since July, 65 people have left the agency through either resignation, retirement or termination.

On X, formerly known as Twitter, Walters posted a video lambasting The Oklahoman’s report, using a derogatory name for the newspaper and saying, “It’s such a joke. … But that’s what they are. They’re fake news. They’re going to continue to try to lie to Oklahomans to undermine the work we’re doing here.” Walters did acknowledge the reduced staffing numbers, saying it was saving taxpayers money.

Legislative Democrats, on three occasions, have called for Walters to be impeached or investigated. 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 duties.

“We have to staff that (education) building to take care of 540-odd school districts and 700,000 children,” Waldron said. “The job is massive. It requires grant writing, school support, oversight, curriculum work, professional development, communication to all those schools – without professionals to staff it, our schools are not being served."

He added: “We’re seeing a level of dysfunction that’s maybe completely unprecedented at the State Department of Education. At some point, we have to exercise our public duty of oversight to make sure that students and their families are being served.”

Waldron said he thought many Republicans would only come to that point of view “when it’s too embarrassing” or when their supermajority in both chambers of the Legislature might be threatened as a result.

House Speaker Charles McCall, R-Atoka, didn’t sound ready to begin an investigation, citing Walters’ status as a statewide elected official. He said accountability for Walters “is ultimately with the people of the state of Oklahoma.”

“I’m sure the superintendent, he probably needs to field questions as to why there’s been so many departures,” McCall said. “Has he replaced all those people? Can he run the administration (at) the agency effectively and efficiently at those levels? I think that’s what every agency administrator has to answer."

McCall acknowledged that the number of departures "seems like a high number and that can be, if we have schools out there saying they’re not receiving services and whatnot, communication from the department, that would rise to the level of some legislative consideration and scrutiny. But … going back to this question of, would the Legislature take adverse action against the superintendent, who is an elected official … it’s going to have to be a high level of failure before we’re going to overturn a vote.”

This article originally appeared on Oklahoman: Education department rules, agency departures questioned by Democrats