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

OKC Public Schools Elevating a Privileged Elite over Oklahoma Taxpayers

The hypocrisy of the Soviet Union’s pretense of egalitarianism was well known enough to be the subject of mockery and parody. Ronald Reagan never tired of the jokes . Soviet communism espoused equality, but the reality is that party apparatchiks and government officials enjoyed special perks that no one else had access to. This special class wasn’t officially paid much more than the average skilled worker, but enjoyed privileges like dachas on the coast or countryside, special stores with imported goods and without the endless lines that were commonplace everywhere else, and more advanced medical treatment. For all their talk about eliminating class distinctions, the Soviet nomenklatura —those “doing the people’s work”—could feather their nest with the best of ‘em. Apparently, a similar attitude reigns in our government schools. Our friends at OCPA report that Oklahoma City Public Schools (OKCPS) will not offer in-person instruction to students for the first nine weeks of school this ...

Abuse of Office: Cindy Byrd Demonstrates She Doesn’t Understand Charter Schools

A principle I have learned over the years is that when accusations mainly founded in suspicions are made, the accusers are very often guilty of the very perfidy that they allege. Of this, I have no doubt when it comes to the accusations against Epic Charter Schools, a charter school that has quite simply gotten too big and successful for the public school establishment and its enablers to ignore. Unfortunately, State Auditor Cindy Byrd has demonstrated a ready willingness to be a champion enabler, joining in a witch hunt and ignoring the basic philosophy behind charter school laws as well as the purpose of state audits in her recent hit piece masquerading as an audit. Perhaps the single most absurd point made in the State Auditor’s report on Epic Charter Schools was on page 93 in the “Final Thoughts” chapter where there were ruminations about prohibiting any for-profit organization from obtaining a charter and prohibiting charter schools from contracting with for-profit entities for ...

Measure Government Success by Effectiveness and Efficiency, not Effort

If Oklahoma wants to be a top 10 state , it is critical that its goals be clearly defined. Metrics used to measure that status must be selected carefully, and reasonably calculated to measure those things that actually make a state a good place to live. A state might pride itself on being first in the nation in hummingbirds per capita, but that is unlikely to appeal to any but the most avid birdwatchers. It is also important for a government to focus on those things it can control. The waterfalls of Yosemite, the majesty of the Grand Canyon, and the sands of Daytona Beach all make their home states attractive, but the governments of those states have nothing to do with the appeal, other than making them accessible. The methods used must also be appropriate to the ends sought. Even being the healthiest state in the country would be unattractive, if it were accomplished through a rigid be-healthy-or-be-jailed regime.   Oklahoma should strive to maximize economic opportunity,...

An Immodest Proposal to Improve Term Limits

No person elected to any office in the executive or legislative branch of any state, county, or local government shall be eligible to run for the same office in the election immediately succeeding their elected term of office.   In 1990 Oklahomans voted , by a two-to-one margin, to enact term limits for state legislators. Certainly, voters must have believed they needed to be saved from themselves (or each other). After all, every legislature in the country has term limits: they’re called elections. But now, three decades later, the question must be asked: have term limits returned power to the people?   In my observation, they have not. Rather than directing power back to the people, term limits have transferred power from the people’s representatives to… just about everywhere else. The courts have taken power for themselves time and time again. The Oklahoma Supreme Court is currently considering whether to uphold the opioid suit’s legislation from the bench. If they do,...