Attorney General Gentner Drummond has issued a letter of counsel to the Oklahoma State Department of Education (OSDE) regarding its delay in utilizing state funds for purchasing emergency asthma inhalers for public schools. The legislature had appropriated $250,000 on July 1, 2023, specifically for this purpose.
The OSDE did not take action until more than seven months after the appropriation. Several legislators have expressed their frustration over the department's lack of initiative, with two describing it as government "roadblocks."
Superintendent Walters sought an opinion from Attorney General Drummond on procurement options related to the legislative appropriation. Walters inquired about whether OSDE could award the funds to the McLarty Foundation as a sole supplier and if payments should be made before or after receiving goods or services.
Attorney General Drummond responded that a formal opinion was unnecessary since legal principles are clear. He noted that OSDE decided school districts should purchase inhalers themselves and seek reimbursement rather than procuring them directly at a potential bulk rate.
Drummond emphasized that "speed is of the essence" and criticized OSDE's delay and changing procurement methods as neither "speedy nor responsible." He stated that failing to follow legislative directives compromises access to potentially life-saving medicines for children.
In August, Drummond had issued another formal opinion instructing OSDE to distribute overdue security funds to school districts.