State Board Of Education Delays Action Due To New Legal Representation

The Oklahoma State Board of Education met Thursday but postponed most of its agenda, citing discomfort with new legal representation. The board said the sudden change in counsel, which came less than a day before the meeting, prevented them from moving forward on key items.

The change in representation occurred after Attorney General Gentner Drummond denied the board’s request to retain Cara Nicklas as its legal advisor. In her place, Brad Clark, a former attorney for the Oklahoma State Department of Education who now works for the Attorney General's office, was assigned to advise the board.

“It’s my understanding that discussions have been ongoing, indicating that the request would be denied. This wasn’t the first indication it would be denied,” Clark said.

Board members expressed concerns about the shift in legal counsel. Sarah Lepak, a board member, voiced apprehension about past interactions with the Attorney General’s office, saying that at times, the board felt as though the office was taking a prosecutorial stance against them, specifically regarding the Open Meetings Act.

“We’ve had instances this year where the Attorney General’s office took a position that made some of us feel concerned we might be violating the Open Meetings Act. We don’t think we are,” Lepak said.

Despite reassurances from Clark that he was there solely to advise the board, State Superintendent Ryan Walters urged the board to table agenda items or take no action if they were uncomfortable proceeding without further legal consultation.

One item on the agenda involved a decision on Shawnee Superintendent Aaron Espolt, who faces allegations of sexual misconduct. The board could have gone into executive session to discuss his teaching certificate but ultimately chose to delay the discussion.

Clark emphasized the urgency of certain matters, noting that individuals under scrutiny could potentially continue teaching in other states if action isn’t taken promptly.

“I understand that one or more individuals under immediate action may no longer be in an Oklahoma school, but there are certainly occasions where such individuals could leave the state and enter classrooms elsewhere,” Clark said.

Board member Katie Quebedeaux also expressed a desire for more time to consult with current legal counsel before making decisions, saying, "I still think I would feel more comfortable having time to communicate with the legal counsel representing us currently rather than in the past."

The board will reconvene at a later date to address the tabled items.