AG Drummond Issues Opinion On State Board Of Education

Oklahoma Attorney General Gentner Drummond has issued a ruling on the State Board of Education.

In Drummond's formal opinion issued on Tuesday, he stated that Oklahoma law does not give the State Board of Education the ability to make administrative rules without proper direction from the state Legislature.

“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.” 

“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 also noted that any rules enacted by the SBOE that exceeds their authority are voided, will not be put into effect and cannot be enforced by either the State Department of Education or the SBOE.