OSBE questions AG opinion surrounding letting legislators into executive session

OKLAHOMA CITY (KFOR) - Oklahoma State Superintendent Ryan Walters led a board meeting Thursday where he and the board questioned the law surrounding Executive Sessions.

It was earlier in the week that Attorney General Gentner Drummond released an opinion that legislators must be allowed in but the counsel for the board Cara Nikolas questioned the law Thursday. The board members did as well.

"Yesterday, the AG withdrew the former AG 1978 opinion that was relied upon," said OSBE Counsel Cara Nikolas. "The law required that this board keep the advice of only a formal AG opinion and not any informal email you may have received from the Attorney General's office. So until yesterday, your reliance needed to be on a 1978 opinion that has been in existence since then and relied upon."

Counsel pointed to the 1978 opinion that specifically pointed to local school boards and not state school boards, according to the Attorney General's Office.

The State Board of Education may not like the law, but its members must still follow it. This provision has been in effect for more than 45 years, and I am not aware of a single other state entity that has a problem allowing legislators to executive session.

Oklahoma Attorney General Getner Drummond

"There's not been a single no vote in this board since February 2023," said Senator Adam Pugh (R-Edmond).

Several Oklahoma State Senators and Representatives showed up to Thursday's meeting.

Senator Pugh has been outspoken on Walters for the past couple of weeks and did not agree with the board questioning the Attorney General's opinion.

"What that opinion said (the 1978 opinion mentioned by counsel) was that the legislature has no jurisdiction over local school boards. It said nothing about this board or any other state board for that matter," said Representative Mike Osburn.

It's unknown for how long the board will not have an executive session. They have decided to wait and see what the higher courts will have to say.

"I think the board wants more time. They want to look at it," said Walters.