AG Drummond Criticizes OSDE's Delay In Using Funds For Emergency Asthma Inhalers In Schools

Oklahoma Attorney General Gentner Drummond issued a letter of counsel to the Oklahoma State Department of Education (OSDE) addressing its year-long delay in using $250,000 in state funds appropriated for emergency asthma inhalers for public schools, according to a release from the Attorney General’s Office.

Despite receiving the funds on July 1, 2023, the OSDE did not act for more than seven months, the release said.

Several legislators expressed frustration over the delay, with two describing the department’s inaction as government “roadblocks,” according to the Attorney General's statement.

In an August 12 letter to Drummond, state Superintendent of Public Instruction Ryan Walters requested an opinion on procurement options for using the $250,000, whether the funds could be awarded to the McLarty Foundation as a sole-source supplier, and the timing of payment for the inhalers, the release noted.

Drummond responded with a letter of counsel rather than an opinion, stating that legal principles surrounding the procurement process were clear. The release also noted that, days after requesting the opinion, the OSDE shifted its approach, requiring school districts to purchase inhalers themselves and then seek reimbursement from the department.

“If the Department desires to change course again and directly procure the inhalers as the Legislature directs, it should follow the guidance provided in this letter,” Drummond wrote in his counsel, as stated in the release. The Attorney General emphasized that the OSDE must consult with the Oklahoma Office of Management and Enterprise Services on how to procure emergency inhalers.

“But regardless of the method, speed is of the essence,” Drummond wrote, criticizing the delay as irresponsible. He added that the department’s failure to act reflected “a lack of understanding of basic purchasing procedures,” the release explained.

In August, Drummond issued a separate formal opinion directing the OSDE to send overdue school security funds to districts, the release stated.