Education Chair Dismisses SDE Mandate as “Empty Threat”

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Education Chair Rep. Dick Lowe

Oklahoma House Education Committee Chair Rep. Dick Lowe, R-Amber, reacted to the Monday announcement by State Superintendent Ryan Walters that he would require all school districts in the state to provide free lunches to all students at the cost of employee salaries. The Superintendent does not have the Constitutional or legal authority to direct how individual school districts allocate their budgets.

“This attempt to overstep the authority of Walters’ office is a threat to the independent decision-making power of Oklahoma’s school districts. Regardless, it is nothing more than an empty threat,” said Lowe, a former ag teacher. “Addressing student hunger and streamlining administrative costs are both worthwhile endeavors, but these changes must be implemented legislatively, not through an unfunded mandate. State law clearly outlines what districts are required to fund, including minimum teacher salaries and limits on administrative spending, but it does not require free meals universally. That decision rightly belongs to locally elected school boards, who know their communities best and are entrusted with setting district budgets according to local needs. Districts that choose to use discretionary funds to cover meal costs for all students do so voluntarily, not because of any mandate from the state. As such, there is no legal basis for the State Department of Education to retaliate through special sanctions over budget decisions that are entirely within districts’ rights. If Walters has legislative goals, I encourage him to be communicative with lawmakers year-round, not after session has adjourned and it’s too late for the Legislature to consider any of his proposals.”

The House has previously considered bills to expand availability of free school meals, including House Bill 1376 in 2023.

Walters’ announcement also referred to a potential SDE emergency rule regarding child nutrition standards. Any emergency rule must be approved by the State Board of Education before it can be considered by the governor. If the agency wishes to continue the emergency rule, the rule must be submitted as a proposed permanent rule during the next legislative session. The next regular SBE meeting is scheduled for July 24.