UPDATE: State Superintendent Ryan Walters is blaming the press for linking AG Drummond's decision to his proposed rules on school libraries and sexual education.
"The press is seeking to stir controversy between myself and the Attorney General regarding rules, but I do not believe there is any controversy between us," Walters said in a letter to President Pro Tempore Greg Treat and Speaker Charles McCall. "They have suggested that he was commenting on the Board's pending rules regarding parental rights and regarding pornography in school libraries. The lack of effort from the press is clear from any reading of the Attorney General's opinion because he says nothing about parental rights statues."
His full response:
After careful review of the AG’s opinion I’ve sent the following letter back to the interested parties. pic.twitter.com/49TxKOq7dP
— Superintendent Ryan Walters (@RyanWaltersSupt) April 6, 2023
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Attorney General Gentner Drummond ruled Oklahoma does not give the State Board of Education the ability to make administrative rules without being directed by the State Legislature Tuesday.
“It is well settled that an agency may only exercise the powers expressly given by statute,” the opinion states. “An agency cannot expand those powers by its own authority.”
The opinion comes after some argued State Superintendent Ryan Walters overstepped by putting restrictions on school libraries and sexual education.
“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,” he said. “The Legislature is vested with policymaking authority. 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.”
The opinion states any rules enacted by the Board exceeding its authority are void and cannot be enforced by either the Oklahoma State Department of Education or the SBE.
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