SHARE
Ryan Walters investigation
House Speaker Charles McCall (R-Atoka) speaks to media an hour prior to the final adjournment of the 59th Oklahoma Legislature on Thursday, May 30, 2024. (Tres Savage)

Following possibly the most vocal and public call to date for a legislative investigation into State Superintendent of Public Instruction Ryan Walters from nearly two dozen Oklahoma House Republicans, Speaker Charles McCall sent a message to legislators rejecting their request this afternoon.

“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,” McCall (R-Atoka) wrote in a message to the House Republicans Caucus. “Unless and until 51 or more Republicans sign the letter and request the investigative committee be formed, I will not consider the request.”

The term-limited McCall was responding to a letter from his colleagues requesting a special House investigation into Walters because Oklahomans are “pleading for this body to take action.” On the heels of McCall’s awkward attempt to strong-arm fellow Republicans into supporting a judicial reform measure that failed badly in the House, his remarks Tuesday further highlight growing strife in the GOP Caucus, which is preparing to be led by a new speaker for the first time in eight years.

While he did not sign the letter himself, Speaker Pro Tempore Kyle Hilbert, who was designated in March to succeed McCall for the 60th Oklahoma Legislature in 2025, took a markedly different tone in a statement about whether Walters deserves to be investigated.

“The rhetoric towards educators has to not only be toned down, but reversed,” Hilbert said. “This past week my daughter started kindergarten in a public school where I know she is loved and supported by phenomenal teachers and support staff. School districts across the state are back to school but instead of talking about the excitement of a new year, we are discussing these issues due to the statements being put out by [the State Department of Education].”

Hilbert said Walters’ agency must improve communication with the Legislature, a repeated criticism that has led lawmakers to subpoena Walters twice, including for an appearance in front of a House committee in 2023.

“Legislators are charged by the constitution with oversight of the expenditure of public funds. Without adequate and timely response, my colleagues cannot do the job that they’re elected to do,” said Hilbert (R-Bristow). “The same is to be said about allowing legislators access to meetings which they are clearly authorized by statute to observe.”

The correspondence and caucus conversation comes as Walters has faced increased scrutiny over his apparent denial to disburse appropriated funds meant for school security and emergency inhalers in schools. Walters has also drawn the attention of Attorney General Gentner Drummond, whose office has received complaints and allegations that the controversial state superintendent has violated Oklahoma’s Open Records Act and Open Meeting Act.

In a letter dated Tuesday and signed by more than 20 other House Republicans, Appropriations and Budget Subcommittee on Education Chairman Mark McBride asked McCall to establish a special investigative committee to:

… investigate to the fullest the internal and external failures of the superintendent and State Board of Education to follow the law, to address budgetary concerns of the Constitutionally established appropriators, and to make recommendations to the Legislature for the upcoming session regarding safeguards, reforms, and additionally, investigate any possible willful neglect of duty or incompetency on the part of Superintendent Walters as described in Article 8 Section 1 of the Oklahoma Constitution.

McBride (R-Moore) and McCall are both term limited this year. Walters has lambasted McBride as “a Democrat” pushing power for teacher unions, which he called “a terrorist organization” during his 2023 House committee testimony.

McCall and Walters are both rumored as potential Republican candidates for governor in 2026.

McBride’s letter (embedded below) was initially signed by 16 other House Republicans, but that number has topped 20 in the hours since it was released to media.

“From what I hear, the phones are ringing off the wall to members asking, ‘Why haven’t you signed this?'” McBride said late Tuesday afternoon. “We keep adding signatures.”

Signors of the letter include:

  • Rep. Rhonda Baker (R-Yukon), chairwoman of the Common Education Committee who chose not to seek reelection this year;
  • Rep. Mark Vancuren (R-Owasso), vice chairman of the Common Education Committee;
  • Rep. Ronny Johns (R-Ada), a member of the Appropriations and Budget Subcommittee on Education;
  • Rep. Tammy West (R-OKC), a member of the Common Education Committee;
  • Rep. Danny Sterling (R-Tecumseh), a member of the Common Education Committee;
  • Rep. Brad Boles (R-Marlow), a member of the Common Education Committee;
  • Rep. Jeff Boatman (R-Tulsa), a member of the Appropriations and Budget Subcommittee on Education who is exiting the Legislature after losing a State Senate bid in June;
  • Rep. Mike Osburn (R-Edmond), a member of the Appropriations and Budget Subcommittee on Education;
  • Rep. Daniel Pae (R-Lawton);
  • Rep. John Talley (R-Stillwater), who lost his reelection bid in June;
  • Rep. Marcus McEntire (R-Duncan), who chose not to seek reelection;
  • Rep. Ty Burns (R-Pawnee);
  • Rep. Eddy Dempsey (R-Valliant);
  • Rep. Nick Archer (R-Elk City);
  • Rep. John George (R-Newalla);
  • Rep. Preston Stinson (R-Edmond);
  • Rep. T.J. Marti (R-Broken Arrow);
  • Rep. Josh West (R-Grove);
  • Rep. Ross Ford (R-Broken Arrow); and
  • Rep. Robert Manger (R-OKC).

Early Tuesday, amid reports of the letter seeking an investigation into his actions, Walters appeared on KOCO‘s morning show and criticized those supporting an inquiry.

“If they decide to move forward with that, it would be the most unprecedented move in state history to undermine the will of the Oklahoman voters,” Walters said. “Oklahoma voters elected me wildly into office — it was over 10 percent of the vote that they put me into office. What we’ve seen are a group of moderate Republicans that have partnered with Democrats — these are folks that want pornography in your kid’s school, these are folks that don’t want the Bible in school, they have been attacking Christianity — these are folks that do whatever the teachers unions tell them to and they want to bring back an era of the teachers union controlling our schools. We’re not going to allow that.”

As Walters anticipated, House Democrats applauded the Republicans’ letter in a statement Tuesday.

“I’m glad members of the Republican Supermajority are joining our calls for action against State Superintendent Ryan Walters,” said Minority Leader Cyndi Munson (R-OKC). “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.”

Letter reflects concerns about appropriations, transparency laws

Republican leaders of the Oklahoma House of Representatives participate in a meeting of the Joint Committee on Appropriations and Budget on Monday, May 27, 2024. (Tres Savage)

Tuesday’s letter is the latest example of some Republican lawmakers’ growing frustration with Walters, whose tenure has drawn scrutiny owing to OSDE staff turnover, his pursuit of national media interviews, questions about funding mechanisms and confrontations about sexualized library books and “drag queens in schools.”

Walters and McBride have clashed repeatedly over the past two years.

“It saddens me that I must make such a request of you,” McBride wrote in his letter to McCall. “However, I believe that all other remedies have been exhausted. I hear daily from constituents from my district and taxpayers from across the state pleading for this body to take action and hold the superintendent and the State Board of Education accountable for their rogue behavior.”

But with other issues surfacing — such as Walters and his staff blocking legislators from exercising their statutory authority to attend executive sessions of OSDE’s governing body — additional Republican House members have begun speaking out.

“I think some of these things are real deterrents for places like [Edmond Public Schools] and every other school district in Oklahoma who are experiencing the teacher shortage and who are continually looking for good people to come teach,” Osburn said July 31 after being denied from attending the State Board of Education’s full executive session. “What we need is a champion to explain how working with and teaching in Oklahoma public schools is a destination — is a place you want to be. And it doesn’t seem like some of the rhetoric is designed to do that, and in fact maybe sometimes quite the opposite.”

But McCall cited the attorney general’s awareness of Walters’ potential violation of the state’s transparency laws as a reason for declining to form the requested investigative committee.

“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,” McCall wrote. “If there has been a violation of the Open Meeting 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.”

Since McCall has been Speaker, the House has convened two special investigative committees: once in 2018 to investigate financial issues at the State Department of Health and once in 2022 to investigate the Oklahoma Tourism and Recreation Department’s contracts with Swadley’s Foggy Bottom Kitchen.

Although McCall denied the request, he also admitted that investigations of legislative appropriations would fall to the House’s branch of government.

“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,” McCall wrote.

In their letter, legislators referenced recent reporting about how OSDE has handled funds.

Last week, KFOR‘s Spencer Humphrey reported that OSDE is no longer allowing unspent funds disbursed to school districts as part of a three-year pilot program for school safety to rollover to the next year, a direct contradiction to its earlier guidance.

On Monday, The Oklahoman‘s M. Scott Carter reported that OSDE is declining to disburse funds to a nonprofit for the purpose of providing schools with emergency inhalers for asthmatic students. According to the report, agency attorneys believe that doing so would violate other state laws related to competitive bidding.

McCall said he felt those concerns could be best addressed in committee hearings conducted before the 2025 legislative session begins Monday, Feb. 3.

(Update: This article was updated at 6:40 p.m. Tuesday, Aug. 13 to include additional information.)

Read Speaker Charles McCall’s statement to House Republicans

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 pre-session 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.

Read Republican lawmakers’ request for an investigation

Loader Loading...
EAD Logo Taking too long?
Reload Reload document
| Open Open in new tab