Oklahoma AG Drummond addresses OSDE's delay in emergency inhaler procurement for schools

OKLAHOMA CITY (KOKH) — Attorney General Gentner Drummond issued a letter of counsel on Wednesday addressing theOklahoma State Department of Education’s (OSDE) delay in buying emergency inhalers for public schools.

Drummond's letter said despite $250,000 being appropriated for inhalers on July 1, 2023, the OSDE waited more than seven months to move forward.

In a letter to Drummond on Aug. 12, State Superintendent Ryan Walters requested an opinion on several 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?

The letter noted that although Walters requested an Attorney General opinion, Drummond determined a letter of counsel was sufficient because the relevant legal principles were clear.

Days after requesting the opinion, the letter said OSDE announced that instead of procuring the inhalers, it would require districts to purchase them, 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.”

An OSDE spokesman shared the following statement with FOX 25:

OSDE has been distributing funds for inhalers for the past two years and is currently reviewing the Attorney General’s letter.

Read the full letter of counsel concerning the inhalers below.