After grilling interim state school superintendent Patrick Ogden for more than a half hour Tuesday, legislative leaders voted to conduct an audit of the state Office of Education.

The leaders are angry that the State School Board and the state office seem to care little for "legislative intent" — written instructions lawmakers sometimes add to bills and almost always add to appropriations — that instruct state agencies and the governor on how to spend taxpayer money.

Rep. Ron Bigelow, R-West Valley, is co-chair of the powerful Executive Appropriations Committee, which is made up of leaders of both parties from both the House and Senate. He said his motion to conduct a legislative audit of the state office is not directly related to funding for the Jean Massieu School.

But the motion came after Ogden was closely questioned — and criticized time and again — over how the state office plans to provide the private charter school, which teaches American sign language to hearing impaired youngsters, with $350,000 this coming year after GOP Gov. Olene Walker vetoed a budget line item that provided the funding.

Ogden found a way to provide the funds the Legislature wants. But, ironically, when he explained his reasoning — that the state office could move funds around as needed under the admittedly broad definition of a general budget line item — some legislators jumped down his throat.

Time and again, Ogden was asked how he could justify doing that, and whether he was purposely ignoring "legislative intent" language that historically ties individual budget line items to specific programs or education goals.

Senate President Al Mansell, R-Sandy, asked Ogden about how the state office allocated special textbook funds several years ago. A legislative audit revealed, recalled Mansell, that even though the Legislature specifically said the money should go to school districts and schools that needed new textbooks, the state office actually allocated the funds based on the number of students in each school.

"You want to go there?" said Ogden, meaning why drag up an old issue.

"That's right," said a visibly upset Mansell.

At one point, Sen. Leonard Blackham, R-Moroni, co-chair of the committee, said the sticking point seemed to be that legislators didn't like where Ogden was getting the $350,000 to help the school — even though legislators appreciated that Ogden was restoring money the Legislature wanted, but that Walker vetoed.

"Can you find $350,000 somewhere else?" asked Blackham, R-Moroni.

"Yes," said Ogden. And then under his breath, while legislators continued to talk among themselves, he responded: "And I won't tell you where I got it so I won't get in trouble."

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