Investigation into state Education Department to continue despite leading lawmaker’s election loss

Rep. Kevin Wallace, R-Wellston, front, lost his reelection bid in an Aug. 27 primary runoff, but an investigation he convened into the Oklahoma State Department of Education will continue despite his election results. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

OKLAHOMA CITY — An investigation into the Oklahoma State Department of Education will proceed despite the House lawmaker overseeing it losing his reelection bid .

The Legislative Office of Fiscal Transparency already started its review of Education Department funds and intends to continue the inquiry, the agency’s interim director, Regina Birchum, said. LOFT is a small state agency that examines Oklahoma’s spending of taxpayer funds and management of public programs, and it makes budget recommendations to the Legislature.

“I can confirm that the evaluation has begun and we are proceeding with the expectation we will complete the work,” Birchum told Oklahoma Voice.

Rep. Kevin Wallace, R-Wellston, convened the investigation last month after Republican lawmakers raised numerous concerns and disagreements with the Education Department’s handling of school funds. Among their objections are complaints that the agency failed to properly distribute money to districts for asthma inhalers and school security.

Wallace’s loss in an Aug. 27 primary runoff election will not impact LOFT’s investigation, House spokesperson Tori Garrett said.

“Chairman Wallace hopes to see the investigation concluded as soon as possible,” Garrett said.

Wallace’s term will end in November. He leads the influential House Appropriations and Budget Committee and is the co-chairperson of a panel of lawmakers overseeing LOFT.

The LOFT Oversight Committee might provide additional information about the Education Department probe at its next meeting Wednesday, Birchum said. The committee is scheduled to hear a LOFT report on the Oklahoma Healthcare Authority that day, according to a meeting notice.

That committee will have significant turnover in the coming months. A combination of primary election losses, term limits and voluntary departures from public office mean half of the committee won’t be back for the 2025 Legislative Session.

Returning committee member Sen. Julia Kirt, D-Oklahoma City, said she expects the investigation to continue despite the committee turnover and hopes LOFT can provide answers to whether Oklahoma schools are receiving all the funds they are owed.

“I wish it had started earlier, but I think better now than never, especially when you’re talking about following the money,” Kirt said. “I mean, the sooner the better on getting things transparent and held accountable.”

However, Senate President Pro Tem Greg Treat, R-Oklahoma City, has said the senators on the committee should recuse from any meetings about the LOFT investigation to avoid a conflict of interest “if we have to act on the findings.”

If the investigation reveals grounds for impeachment against the Education Department’s head, state Superintendent Ryan Walters, the Senate would act as a court of impeachment that decides whether removal from office is justified. The House first would have to draw up articles of impeachment and prepare a case to argue before the Senate.

House lawmakers will oversee the LOFT investigation while the Senate “will stand ready to respond to any of the findings,” Treat said after the inquiry was announced.

Echoing other legislative Democrats, Kirk said she would prefer to start impeachment proceedings right away to get to the bottom of lawmakers’ concerns and to establish a formal legal finding. Some House Republicans also voiced support for investigating whether Walters has committed impeachable offenses .

House Speaker Charles McCall, R-Atoka, quickly nixed the impeachment idea and instead authorized Wallace to call a LOFT investigation.

Walters himself dared House lawmakers to convene impeachment hearings against him , accusing his GOP critics of spreading lies about him for political gain. He said he has “no issues” working with LOFT again.

The watchdog agency recently reviewed the Education Department’s grant funds — an inquiry that found Walters’ administration left $1.4 million in unused money on the table when it chose to end two competitive grant programs early.

“We had a great working relationship with (LOFT),” Walters said in an Aug. 16 news conference. “We were very open.”

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