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

I Abstain: Why I Refuse to Vote in Judicial Retention Elections

Over a million Oklahomans voted in the recent November 3rd election. For most, the presidential race between Joe Biden and Donald Trump is what drove them to the polls. However, some were likely confused when they reached the bottom portion of their ballot marked “Judicial Retention Elections.” What are judicial retention elections? Every two years, certain judges are placed on the ballot for a simple yes/no retention vote. These elections stem from Oklahoma’s   judicial selection method , and ask voters whether they want to keep, or retain, certain judges. Elections are staggered so judges only face retention every six years. Many claim that the merit selection method is a more sophisticated, apolitical judicial selection method than the federal model or the partisan election model, but in reality it is   much worse   than either of the two. In essence, the retention vote was a patronizing attempt to make “merit” selection more palatable to   voters back in the...

What’s So Bad About Occupational Licensing?

Why does accepting payment for a service make an otherwise-benign activity suddenly illegal? Accepting money is what distinguishes cutting a friend’s hair for free from a criminal mastermind who takes money for illegally performing cosmetology or barbering without a license. Have you ever paid for a bad haircut? Did the cosmetology license prevent it?  Have you ever had a bad meal in a restaurant (which is, by law, highly regulated)? Have you ever had an outstanding home cooked meal prepared by someone without a license? So how much do licensing and regulation do to ensure high standards?  Occupational licensing is something of a pet peeve for us here at the 1889 Institute. We devote a whole section of our website to it. Why do we care so much?  The Institute for Justice estimates that occupational licensing costs consumes an average of $203 billion per year nationally.  Licensing undeniably hurts the economy through deadweight loss - when the labor market...

Hey Minnesotans: Come To Oklahoma; Police Disbanders: Get Serious

I’d like to take this opportunity to invite anyone from Minnesota, especially those from Minneapolis, to come to Oklahoma. Here's the thing: you’d better come fast. Once your police force is dismantled , and unless it is immediately replaced by another suitable law enforcement organization, how long do you think will it be before your city will quickly resemble a third world country, a dystopian hellscape, or perhaps the mythical old west? It’s not difficult to imagine, in a city with no police force, a scene from The Dark Knight Rises becoming a reality.   Oklahoma is far from perfect. Our police are far from perfect, just like our citizens. We’re trying to be a top ten state. We haven’t met that goal in all areas yet. But we are also not in danger of declaring the rule of law dead and buried. We realize that lawlessness and anarchy are not better for society than even an imperfect police force, especially one constrained by law and disciplined by courts. Our police have made mi...

About Those Roads in Texas

A s Sooner fans head south for the OU-Texas game next week, they will encounter a phenomenon most of us are familiar with: as you cruise across the Red River suddenly the road gets noticeably smoother. The painted lane stripes get a little brighter and the roadside “Welcome to Texas” visitors’ center gleams in the sunlight, a modern and well-maintained reminder of how much more money the Lonestar State spends on public infrastructure than little old Oklahoma. Or does it? Why are the roads so much, well… better in Texas? Turns out, it isn’t the amount of money spent, at least not when compared to the overall size of the state’s economy and personal income of its inhabitants. Research conducted by 1889 Institute’s Byron Schlomach reveals that Oklahoma actually spends significantly more on roads than Texas as a percentage of both state GDP and personal income . And that was data from 2016, before Oklahoma’s tax and spending increases of recent years. The gap is likely gr...