Drummond issues letter of counsel regarding State Department of Education delay buying emergency inhalers for public schools

OKLAHOMA CITY (Oct. 2, 2024) – Attorney General Gentner Drummond today issued a letter of counsel addressing the Oklahoma State Department of Education’s (OSDE) year-long delay in using state funds that the Legislature had appropriated for the purchase emergency asthma inhalers for public schools. 

Despite a legislative appropriation of $250,000 on July 1, 2023, for purchasing in inhalers for schools, the OSDE delayed acting, waiting more than seven months to initiate any steps in the procurement process. Several legislators expressed frustration, two even describing the department’s inaction as government “roadblocks” 

In an Aug. 12 letter to the Attorney General, Walters requested an opinion on the following questions:

• What procurement options exist to satisfy the 2023 legislative line-item appropriation of $250,000.00 for “inhalers for all schools?” 
• May the OSDE award the $250,000 to the McLarty Foundation as a sole source supplier for the purchase of the inhalers?
• Must the OSDE pay for emergency inhalers before or after the goods or services have been received?

Although Superintendent Walters requested an Attorney General opinion, Drummond determined that a letter of counsel is sufficient because the relevant legal principles are clear. Additionally, days after requesting the opinion, the OSDE announced that instead of directly procuring the inhalers – presumably at a bulk rate for the state – it requires school districts to purchase the inhalers and then seek reimbursement from the department. 

“If the Department desires to change course again and directly procure the inhalers as the Legislature directs, it should follow the guidance provided in this letter,” Drummond wrote, adding that the OSDE must determine, in consultation with the Oklahoma Office of Management and Enterprise Services, how to procure the emergency inhalers.

“But regardless of the method, speed is of the essence,” wrote the Attorney General. “Waiting more than a year to ask for guidance, changing procurement methods multiple times, and now requiring school districts to individually procure emergency inhalers is neither speedy nor responsible. Candidly, failing to implement legislative directives and installing roadblocks to potentially life-saving medicines at the expense of kids reflects a lack of understanding of basic purchasing procedures, at a minimum, and perhaps a disingenuous unwillingness to act.”

In August, Drummond issued a separate formal opinion that directed the OSDE to send school districts long-overdue security funds.  

Read the full letter of counsel.