Skip to main content

Want to Improve Public Education? Put the Governor at the Top of the Executive Branch.


Whatever your gripe about the state of public education in Oklahoma, don’t tell it to Kevin Stitt. He can do very little about it. That’s not because he doesn’t want to or because he doesn’t have good ideas about how to improve our schools. It’s because our governor lacks the most basic authority needed to shape state education policy: the power to oversee and direct the State Department of Education.

Ditto for a host of other executive branch functions, including law enforcement (Attorney General), regulation of the state’s largest industry (Corporation Commission), scrutiny of agency expenditures (Auditor), management of the public purse (Treasurer), oversight of insurance (Insurance Commissioner) and regulation of labor and employment issues (Labor Commissioner). Each of these executive branch agencies are siloed under separate elected officials who do not answer to the Governor. 

Most organization charts display a neat hierarchy of accountable offices forming a chain of command. Our state org chart more closely resembles the dot-connecting of a ranting conspiracy theorist.

Don’t tell it to your legislator, either. The Oklahoma Legislature can, and does, pass bill after bill attempting to set education policy for the state. But what happens after those laws are enacted? All too often they float into the ether, ignored by the education bureaucracy as they march forward with their own priorities.

Oklahoma has a dysfunctional government. I don’t mean that we have gridlock, or that we have reprobates in important public positions, or that our government doesn’t do things. I mean that our state government—particularly our executive branch—is not designed to function coherently.

Constitutional law professor Andy Spiropoulos has waxed eloquently about Oklahoma’s feeble executive branch for years, quoting Alexander Hamilton about the need for “energy” in the executive, which is greatly undermined by Oklahoma’s division of executive branch responsibilities. He has made a persuasive case for a unitary executive, and apparently twenty years of banging his head against the wall has finally begun to bear fruit. Last year the Legislature granted the Governor the power to hire and fire the leaders of the largest state agencies, and just this week the Governor called for the elected Superintendent of Public Instruction to become an appointed position under the Governor’s authority. This is long overdue.

To illustrate the problem, consider just one example. 1889 Institute has pointed out that many Oklahoma public schools cling to a discredited method of teaching reading despite more than enough information and resources available to fix the problem. In a functioning government, the Governor would learn of this inexcusable failure and pick up the phone to his employee who runs the State Department of Education to order an immediate change. The agency head would get to work developing and implementing a plan to correct the situation, and if she didn’t, she would need to start updating her resume.

In Oklahoma, the Governor can call the State Superintendent of Public Instruction (or more likely, give a quote to a newspaper reporter and hope she sees it the next day), and politely ask her to stop the schools under her administration from allowing another generation of students to fall behind. And the Superintendent can tell him to kick rocks.

In a functional government, a Governor failing to deal with such a serious, yet easily solvable problem would be held to account by the Legislature and the public. It would go something like this: when the Governor submitted his proposed budget, the Legislature would hold hearings for each of the agencies. They would call in agency heads (in our hypothetical government, the Governor’s cabinet members), put them under oath, and start grilling them about the money they are asking the people of the state to fork over. If the legislative committee was worth its salt, it would do some kind of analysis of past performance of the agency and inquire as to future plans. Policy experts might testify, the public would have an opportunity to weigh in, and legislators could have confidence that they had all the information they needed to evaluate the performance and needs of the executive branch agencies they are funding. They could set policy in the form of laws, and trust that these policies would be implemented. If they are not, there would be one person to hold accountable.

Ultimately, what I am describing is coherence in policymaking. A Governor, as the unitary head of the executive branch of government, would create a vision, set priorities, and execute. The agencies under his direction would reflect his administration’s priorities, not work at cross-purposes, competing with one another to the point that they hire their own lobbyists.  The Legislature would set policy and have some confidence that the executive branch will actually execute those policies. And the people would hold all of these officials accountable on election day.

This is the American System. Our state founding fathers departed from it when they drew up our Prairie Populist state constitution, and the resulting ineffective state government has been around for so long that it has inculcated a culture that accepts poor performance as “just the way things are”. Despite this depressing history, we are now inching, ever slowly, in the right direction.

The Governor wants a constitutional amendment to give him the ability to implement state education policy set by the Legislature. Will the Legislature recognize that it enhances its own power by strengthening the Governor’s?

Struggling readers in our public schools await its answer.

Benjamin Lepak is Legal Fellow at the 1889 Institute. He can be reached at blepak@1889institute.org.

The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.

Popular posts from this blog

School Choice: I Have Erred

I should point out, before the reader gets into this piece, that these are my personal thoughts. Right around last Labor Day, I suddenly had a thought. I quickly made a calculation and realized that, as of the day after Labor Day, I’ve worked full-time in public policy for 25 years – a quarter of a century. While there really is nothing fundamentally more special about a 25 th anniversary than a 24 th or 26 th one, it is a widely-recognized demarcation point. Therefore, it seems worthwhile to take time and write down reflections on my career. My work has touched on several policy areas, but I’ve been thinking a lot about public education lately. That’s the area I practically swam in when I started my career, so here are my thoughts. On the day after Labor Day in 1994 I started work for a member of the Texas House of Representatives. He was the member who always carried a voucher bill, an issue for which I was thrilled to work. By that time, my wife had homeschooled our dau...

Be Careful What You Wish For

The state of Oklahoma has California in its sight s . People and businesses seeking greater opportunity are fleeing California, and justifiably so. The most humane thing for Oklahoma to do is open our borders and offer economic asylum to the oppressed refugees of the People’s Republic of California. However, I urge caution. In an age dominated by masked faces and super-sensitivity to the spread of viral conditions, I suggest the California Condition (condition) should be met with great trepidation.   What is the condition? It is the virulent spread of tyranny and oppression. Common symptoms include limited freedom and mobility accompanied by exorbitant costs of living, energy, doing business, and pretty much everything else. Those suffering under the condition often experience a diminished capacity for reason. Uncommon symptoms may include fever and fits of rage. The condition is progressive. It tends to worsen as reason diminishes and illogic consumes the mind. Many that experienc...

What if Legislators Were Licensed? Well, Just to Make a Point...

1889 Institute, as a general matter, objects to occupational licensing. We have written about it more than any other subject. The scant benefits simply do not outweigh the enormous costs to consumers and entrepreneurs, and  the  burdens that disproportionately impact the poor.   It must be noted that the remainder of this post is a work of satire. This should be obvious to anyone who has read even one of our papers, but each of the proposals below has an analogous provision in Oklahoma licensing laws. To those supportive of government-created cartels, these proposals might sound almost reasonable.  A material threat to the public safety and welfare has for too long gone entirely unregulated, unrestrained and unchecked. This menace has the power to corrode not only mere industries, but to corrupt the entire state economy. It’s no overstatement to say that the practitioners of this perilous profession hold the power to destroy democracy as we know it. After a...

Filling the Truth Vacuum Regarding COVID-19

With COVID-19 heating up again, and the resumption of societal shutdowns in other states, a pandemic strategy never seen in modern times, it seems appropriate to post facts with appropriate recommendations for action independent of politicized governmental institutions. Providing this information, along with relevant context, is the purpose of the new “ COVID-19 ” webpage on the 1889 Institute’s website .   With the recent widely-reported surge in COVID-19 cases and hospitalizations, the impression created is that the pandemic has spiraled out of control. Therefore, our first factual installment is the following figure, which shows the number of daily new cases and the number of daily new deaths from COVID-19 in Oklahoma. Seven-day moving averages are also illustrated in order to show trends.   Source: The Covid Tracking Project ( https://covidtracking.com/data/state/oklahoma ), which assembles data daily from the Oklahoma Department of Health (OKDOH). OKDOH does not provide l...