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

1889 Institute's Statement Regarding School Closures

The 1889 Institute, an Oklahoma think tank, has released the following statement regarding Joy Hofmeister’s proposal to keep schools closed for the remainder of the school year. We at the 1889 Institute consider Joy Hofmeister’s proposal to close Oklahoma’s schools for the rest of the school year a gross overreaction to the coronavirus situation. Even in the best of times and circumstances, suddenly shifting every student in the state from traditional classrooms to online distance learning will have negative educational consequences. This in addition to the economic burden on two-earner families forced to completely reorder their lives with schools closed. We believe many of our leaders have overreacted to worst-case scenarios presented by well-intended health experts with no training or sense of proportion in weighing the collateral damage of shutting down our economy versus targeting resources to protect the truly vulnerable. We say reopen the schools and stop the madness. ...

Can Government Force You to Close Your Business?

1889 Institute takes no position on whether any or all of these measures are warranted or necessary, or whether their economic fallout would inflict more human suffering than they prevent. We are simply evaluating whether they are legal.   With the unprecedented (in the last 100 years at least) reaction surrounding the outbreak of Covid-19, questions that few living legal scholars have considered are suddenly relevant.   Can a quarantine be ordered?   Can a mass quarantine, lockdown, or “cordon sanitaire” be ordered? Can businesses be ordered to change their behavior?   Can businesses be ordered to close? Can state governments order these measures? Can local governments order these measures? My legal brief addresses these issues from a statutory point of view; it is clear that state law gives the governor and mayors broad authority in a state of emergency. They must, of course, do so in a neutral way that they reasonably believe will help preve...

Past Performance Is Not Indicative of Future Results, Unless Government Props You Up

One January, a farmer decided to invest in the stock market. He’d had a bumper crop, and he wanted to shore up his financial future, planning for the time when providence would not be so kind. Knowing he wouldn’t have time to watch the market during the growing season, he did some research and invested heavily in a nice safe company: one that had a growth trend and had been named Fortune’s “Most Innovative Company” for six years.   That same January, a day trader wanted to make some long-term investments that he could keep on the back burner. He knew the experts were all abuzz regarding an industry-changing technology with huge growth potential. He invested in several up-and-coming companies based around this technology, certain he’d have a nice nest egg, should he ever fall on hard times.   Finally, a seasoned investor decided to divide his portfolio among dozens of strong companies. Wanting to keep his portfolio diverse, he also bought stocks in several small and str...

Present Reforms to Keep the Ghost of State Questions Past from Creating Future Headaches

Oklahoma, like many western states, allows its citizens to directly participate in the democratic process through citizen initiatives and referendums. In a referendum, the legislature directs a question to the people — usually to modify the state constitution, since the legislature can change statutes itself. An initiative requires no legislative involvement, but is initiated by the people via signature gathering, and can be used to modify statute or amend the constitution. Collectively, the initiatives and referendums that make it onto the ballot are known as State Questions.   Recently, there have been calls to make it more difficult to amend the constitution. At least two proposals are being discussed. One would diversify the signature requirement by demanding that a proportional amount of signatures come from each region of the state. The other would require a sixty percent majority to adopt a constitutional amendment rather than the fifty percent plus one currently in place. ...