House Republicans Call For An Investigation Into State Superintendent Ryan Walters, OSDE

Republican lawmakers are calling for an investigation into State Superintendent Ryan Walters and the State Department of Education. At least 22 house Republicans have signed onto a letter written by Representative Mark McBride, formally requesting an investigation. 

“I wish he would say I'm done; I want to do the job that I was elected to do,” said Rep. Mark McBride, (R-Moore) House Education A&B Chair. “It's finally time that Republicans say: we've been looking into this long enough, maybe it's time we do have an investigation.” 

In a three-page letter to House Speaker Charles McCall, Representative McBride lays out his concerns with the state superintendent, saying “Since Superintendent Walters took office 18 months ago, I have grown increasingly concerned about the budget performance, spending priorities, and transparency surrounding the Department.” 

“I'm asking that we do this because we're at that point that we have some meat on the bone that we need to look at,” said Rep. McBride. 

The letter lays out six actions from the Superintendent and State Board of Education that McBride says he finds “alarming.” 

The full letter can be read below:

“It just keeps piling on,” said Rep. McBride. 

The list includes: 

1. Denying entry to executive session of the board of education to members of McBride’s committee, and the companion committee in the senate. 
2. Refusal or significant delays in answering inquiries from the Committee and from Senator Pugh, who chairs the companion Committee in the Senate. 
3. Failure to comply with legislative budgetary directives as set forth in the policy and in the General Appropriations Bill regarding the administration of School Security Dollars. 
4. Failure to turn over complete information surrounding the expenditure of state funds for travel. 
5. Failure to fill in a timely manner numerous records as required by the Open Records Act, resulted in the Attorney General threatening civil and criminal action for such failure. 
6. Defied the Legislature’s appropriations authority by refusing to execute required funding for critical asthma inhalers. 

McBride says these are just issues that have surfaced since Sine Die on May 31st, adding to his previous list of concerns regarding the “application and distribution of federal grant money, violations of the Administrative Procedures Act by promulgating administrative rules absent explicit statutory authority.” 

“We have to start investigating - is there an impeachable offense or not?,” said Rep. McBride. 

“The bigger picture is it shows a breach in people's patience with all of these things happening at OSDE. That is probably the biggest takeaway for me,” said Scott Mitchell, News9’s political analyst. 

News9’s legal analyst Scott Mitchell explains why this call for an investigation is different from the five previous calls from house democrats. 

“Not to denigrate what the democrats have been doing, but the fact it: this is a red state, a republican state, he got elected by a very healthy margin, and now people in his own party are saying you gotta go,” said Mitchell. 

House Minority Leader Cyndi Munson released this statement today: 

“I’m glad members of the Republican Supermajority are joining our calls for action against State Superintendent Ryan Walters,” Leader Munson said. “House Democrats have made five public attempts to investigate the State Superintendent. After a long history of allegations of misuse of federal tax dollars, inciting bomb threats and deadly violence in Oklahoma schools, and routinely ignoring the Oklahoma Constitution, it is time for Republicans to take action. Republicans hold power in both legislative chambers and the Governor’s mansion—it is time for them to use their power to hold the State Superintendent accountable to the people of Oklahoma. We have all waited long enough.” 

The list of House Republicans joining the letter is growing by the hour. 

“If I were the superintendent right now, I would be worried,” said Mitchell. 

It is important to remember that this is not an impeachment request, it is a request for an investigation. 

In Oklahoma, the impeachment process would begin in the House, with at least 51 members signing on before the proceedings could start. Republicans in the state have told News9 that impeachment is not tangible unless a felony has been committed. 

"People have to understand that number one: the wheels of justice move extremely slow and number two, you can't just impeach," said Rep. McBride. 

"I would just imagine it's going to get very difficult to get 51 names and get that sort of hearing get an impeachment, get to the senate, I think that's very uphill,” said Mitchell. 

House Speaker Charles McCall sent a message to the house republican caucus this afternoon: 

"Members, 

 I have seen the letter signed by 17 republicans which is being circulated to request an investigation into the State Superintendent. Please know that I am not aware of nor have I received any communication from the Senate requesting that we take it up or agreeing to go along with any such action. 

 Additionally, many of the areas requested to be investigated as articulated by the letter are best addressed in the Committee hearings which are conducted by the Legislature presession when we ask the agency to account for the dollars appropriated and the agency’s plan going forward. 

 Regarding the possible criminal violation, the Legislature does not conduct criminal investigations. Criminal investigations are under the exclusive purview of the Executive Branch, more specifically the Attorney General. If there has been a violation of the Open Meetings Act then the Attorney General is charged to investigate. From the documentation attached to the request, it appears that the Attorney General is aware of the potential violation. Investigations by the Legislature are limited to the use of appropriated dollars and internal discipline, unless the AG finds a criminal violation did occur, and the State Superintendent is charged and convicted with a crime. In that case, the House would likely have something to consider. 

 I take elections very seriously, and anyone who was duly elected by the people of this state should not be removed from that office, given to them by the people, unless absolutely required by the constitution. Unless and until 51 or more Republicans sign the letter and request the investigative committee be formed, I will not consider the request." 

 State Superintendent Ryan Walters responded to the investigation call in a statement: 

“I am confident in the work that the State Department of Education is doing on behalf of Oklahoma students and families. We are working to undo years of political activism and indoctrination in our public schools and it’s no surprise that those pleased with the status quo enforced by teacher union control of the classroom are threatened and upset by our reforms. Just as they have against President Trump, liberal Republicans have joined the far-left Democrats to try to thwart the will of Oklahoma voters. Their calls are baseless and have no merit. They reek of political desperation from those who are failing in their misguided attempts to stop the positive education reforms that parents and voters have demanded from their elected leaders.”