Here's What Led Up To AG Drummond's Formal Opinion On State Board Of Education

A formal opinion has been handed down from the Attorney General regarding the State Board of Education’s authority. 

Related: AG Drummond Issues Opinion On State Board Of Education

Oklahoma Attorney General Gentner Drummond said the board overstepped their authority when voting on a set of rules that weren’t requested by the legislature at their March meeting. 

The State Board of Education unanimously approved a set of rules last month that would lower the accreditation of school districts if they have library books that are deemed pornographic or sexualized.

On Tuesday, Drummond said the board can’t make these rules without direction from the state legislature. The opinion indicates the rules are invalid and should be null and void, but they still exist, and were still sent on to the legislature for consideration.

Drummond said in his formal opinion, “Whether I agree or disagree with any particular rule in question is irrelevant if the Board does not have the proper authority to issue those rules.” 

Drummond went on to say, “I will not allow any state agency, board or commission to usurp the Legislature’s rightful role, even if they have the best of intentions.”

Representative Mark McBride requested this opinion from Drummond. 

Rep. McBride said Tuesday, “It's like we said all along, the authority lies within the legislature and not with a state agency.”

McBride has also been asking Superintendent Ryan Walters to meet with the house education committee- something Walters has refused to do.

“In my 10 years as a legislator we have never had an agency head refuse to come before a committee and we find that problematic,” Rep. McBride said.

Instead of showing up to the committee meeting, Walters sent legislators a 56-page packet of books that led him to create this rule. 

Related: State Supt. Delivers ‘Inappropriate Materials In Schools’ Letter To Legislature

The contents included a cover letter from Superintendent Walters to each member of the House and Senate that had timelines of when and where the alleged “sexual content” was found in Oklahoma schools.

The packet also included a list of books that Walters called “book in the marketplace to monitor” and included the full list of “2023 Rainbow Book List” with 190 books said to represent “an array of diverse stories and identities representing the LGBTQIA+ youth experience in books published from July 1, 2021 to December 31, 2022.”

The package also showed explicit photographs Walters claims were found in these books that were presented to the education board in March.

McBride said the packet did not answer the questions his committee has in full, and he’s still hopeful that Walters will sit down with them.

“We have legitimate education questions that we want answered,” Rep. McBride said.

The legislature technically has the power to subpoena Walters if he continues to refuse to show up; it's still unclear whether house leadership will take that next step.

Walters told News 9 in a statement, “Unfortunately, I disagree with the Attorney General’s opinion. We must keep pornographic material out of schools.”