1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1840 By: Kerbs |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to agriculture; designating the |
| Oklahoma Department of Agriculture, Food, and |
8| Forestry as the state educational agency referenced |
| by the National School Lunch Act; providing that the |
9| Oklahoma Department of Agriculture, Food, and |
| Forestry may secure and administer the benefits of |
10| the National School Lunch Act; directing the Oklahoma |
| Department of Agriculture, Food, and Forestry to |
11| provide general supervision of the school lunch |
| program; creating the School Lunch Workshop Revolving |
12| Fund; providing for the allocation of funds for the |
| school lunch program; amending 70 O.S. 2021, Section |
13| 3-104, which relates to the State Board of |
| Education's powers and duties; removing the State |
14| Board of Education from overseeing and administering |
| school lunch program under the National School Lunch |
15| Act; repealing 70 O.S. 2021, Section 3-119, which |
| relates to the school lunch program; providing for |
16| codification; and providing an effective date. |
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17| |
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18| |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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20| SECTION 1. NEW LAW A new section of law to be codified |
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21|in the Oklahoma Statutes as Section 3041 of Title 2, unless there is |
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22|created a duplication in numbering, reads as follows: |
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23| The Oklahoma Department of Agriculture, Food, and Forestry |
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24|shall: |
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1| 1. Be and is hereby designated as the "State Educational |
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2|Agency" referred to in Public Law 396 of the 79th Congress of the |
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3|United States, which law states that said act may be cited as the |
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4|"National School Lunch Act", and said Oklahoma Department of |
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5|Agriculture, Food, and Forestry is hereby authorized and directed to |
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6|accept the terms and provisions of said act and to enter into such |
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7|agreements, not in conflict with the Constitution of Oklahoma or the |
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8|Constitution and statutes of the United States, as may be necessary |
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9|or appropriate to secure for the State of Oklahoma the benefits of |
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10|the school lunch program established and referred to in said act; |
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11| 2. Have authority to secure and administer the benefits of the |
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12|National School Lunch Act, Public Law 396 of the 79th Congress of |
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13|the United States, in the State of Oklahoma and is hereby authorized |
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14|to employ or appoint and fix the compensation of such additional |
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15|officers or employees and to incur such expenses as may be necessary |
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16|for the accomplishment of the above purpose, administer the |
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17|distribution of any state funds appropriated by the Legislature |
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18|required as federal matching to reimburse on children's meals; and |
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19| 3. Have general supervision of the school lunch program. The |
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20|Oklahoma Department of Agriculture, Food, and Forestry may sponsor |
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21|workshops for personnel and participants in the school lunch program |
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22|and may develop, print, and distribute free of charge or sell any |
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23|materials, books, and bulletins to be used in such school lunch |
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24|programs. There is hereby created in the State Treasury a revolving |
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Req. No. 5149 Page 2
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1|fund for the Oklahoma Department of Agriculture, Food, and Forestry, |
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2|to be designated the "School Lunch Workshop Revolving Fund". The |
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3|fund shall consist of all fees derived from or on behalf of any |
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4|participant in any such workshop sponsored by the Oklahoma |
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5|Department of Agriculture, Food, and Forestry, or from the sale of |
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6|any materials, books, and bulletins, and such funds shall be |
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7|disbursed for expenses of such workshops and for developing, |
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8|printing, and distributing such materials, books, and bulletins |
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9|related to the school lunch program. The fund shall be administered |
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10|in accordance with Section 155 of Title 62 of the Oklahoma Statutes. |
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11| SECTION 2. NEW LAW A new section of law to be codified |
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12|in the Oklahoma Statutes as Section 3042 of Title 2, unless there is |
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13|created a duplication in numbering, reads as follows: |
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14| Funds appropriated to the Oklahoma Department of Agriculture, |
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15|Food, and Forestry for school lunch matching and the school lunch |
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16|program shall be apportioned by the Oklahoma Department of |
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17|Agriculture, Food, and Forestry to each school district for the |
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18|purpose of providing meals for children in compliance with the |
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19|National School Lunch Act and the Child Nutrition Act of 1966 and |
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20|Public Law 91-248, as they may hereafter be amended or supplemented. |
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21| SECTION 3. AMENDATORY 70 O.S. 2021, Section 3-104, is |
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22|amended to read as follows: |
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23| |
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24| |
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1| A. The supervision of the public school system of Oklahoma |
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2|shall be vested in the State Board of Education and, subject to |
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3|limitations otherwise provided by law, the State Board of Education |
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4|shall: |
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5| 1. Adopt policies and make rules for the operation of the |
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6|public school system of the state; |
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7| 2. Appoint, prescribe the duties and fix the compensation of a |
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8|secretary, an attorney and all other personnel necessary for the |
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9|proper performance of the functions of the State Board of Education. |
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10| The secretary shall not be a member of the Board; |
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11| 3. Submit to the Governor a departmental budget based upon |
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12|major functions of the Department as prepared by the State |
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13|Superintendent of Public Instruction and supported by detailed data |
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14|on needs and proposed operations as partially determined by the |
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15|budgetary needs of local school districts filed with the State Board |
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16|of Education for the ensuing fiscal year. Appropriations therefor |
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17|shall be made in lump-sum form for each major item in the budget as |
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18|follows: |
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19| a. State Aid to schools, |
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20| b. the supervision of all other functions of general and |
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21| special education including general control, free |
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22| textbooks, school lunch, Indian education and all |
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23| other functions of the Board and an amount sufficient |
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24| to adequately staff and administer these services, and |
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1| c. the Board shall determine the details by which the |
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2| budget and the appropriations are administered. |
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3| Annually, the Board shall make preparations to |
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4| consolidate all of the functions of the Department in |
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5| such a way that the budget can be based on two items, |
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6| administration and aid to schools. A maximum amount |
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7| for administration shall be designated as a part of |
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8| the total appropriation; |
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9| 4. On the first day of December preceding each regular session |
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10|of the Legislature, prepare and deliver to the Governor and the |
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11|Legislature a report for the year ending June 30 immediately |
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12|preceding the regular session of the Legislature. The report shall |
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13|contain: |
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14| a. detailed statistics and other information concerning |
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15| enrollment, attendance, expenditures including State |
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16| Aid, and other pertinent data for all public schools |
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17| in this state, |
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18| b. reports from each and every division within the State |
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19| Department of Education as submitted by the State |
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20| Superintendent of Public Instruction and any other |
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21| division, department, institution or other agency |
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22| under the supervision of the Board, |
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23| c. recommendations for the improvement of the public |
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24| school system of the state, |
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1| d. a statement of the receipts and expenditures of the |
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2| State Board of Education for the past year, and |
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3| e. a statement of plans and recommendations for the |
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4| management and improvement of public schools and such |
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5| other information relating to the educational |
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6| interests of the state as may be deemed necessary and |
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7| desirable; |
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8| 5. Provide for the formulation and adoption of curricula, |
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9|courses of study and other instructional aids necessary for the |
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10|adequate instruction of pupils in the public schools; |
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11| 6. Have authority in matters pertaining to the licensure and |
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12|certification of persons for instructional, supervisory and |
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13|administrative positions and services in the public schools of the |
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14|state subject to the provisions of Section 6-184 of this title, and |
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15|shall formulate rules governing the issuance and revocation of |
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16|certificates for superintendents of schools, principals, |
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17|supervisors, librarians, clerical employees, school nurses, school |
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18|bus drivers, visiting teachers, classroom teachers and for other |
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19|personnel performing instructional, administrative and supervisory |
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20|services, but not including members of boards of education and other |
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21|employees who do not work directly with pupils, and may charge and |
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22|collect reasonable fees for the issuance of such certificates: |
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23| a. the State Department of Education shall not issue a |
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24| certificate to and shall revoke the certificate of any |
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1| person who has been convicted, whether upon a verdict |
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2| or plea of guilty or upon a plea of nolo contendere, |
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3| or received a suspended sentence or any probationary |
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4| term for a crime or an attempt to commit a crime |
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5| provided for in Section 843.5 of Title 21 of the |
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6| Oklahoma Statutes if the offense involved sexual abuse |
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7| or sexual exploitation as those terms are defined in |
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8| Section 1-1-105 of Title 10A of the Oklahoma Statutes, |
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9| Section 741, 843.1, if the offense included sexual |
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10| abuse or sexual exploitation, 865 et seq., 885, 888, |
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11| 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, |
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12| 1111.1, 1114 or 1123 of Title 21 of the Oklahoma |
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13| Statutes or who enters this state and who has been |
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14| convicted, received a suspended sentence or received a |
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15| deferred judgment for a crime or attempted crime |
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16| which, if committed or attempted in this state, would |
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17| be a crime or an attempt to commit a crime provided |
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18| for in any of said laws, and |
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19| b. all funds collected by the State Department of |
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20| Education for the issuance of certificates to |
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21| instructional, supervisory and administrative |
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22| personnel in the public schools of the state shall be |
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23| deposited in the "Teachers' Certificate Fund" in the |
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24| State Treasury and may be expended by the State Board |
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1| of Education to finance the activities of the State |
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2| Department of Education necessary to administer the |
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3| program, for consultative services, publication costs, |
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4| actual and necessary travel expenses as provided in |
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5| the State Travel Reimbursement Act incurred by persons |
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6| performing research work, and other expenses found |
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7| necessary by the State Board of Education for the |
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8| improvement of the preparation and certification of |
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9| teachers in Oklahoma. Provided, any unobligated |
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10| balance in the Teachers' Certificate Fund in excess of |
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11| Ten Thousand Dollars ($10,000.00) on June 30 of any |
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12| fiscal year shall be transferred to the General |
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13| Revenue Fund of the State of Oklahoma. Until July 1, |
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14| 1997, the State Board of Education shall have |
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15| authority for approval of teacher education programs. |
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16| The State Board of Education shall also have authority |
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17| for the administration of teacher residency and |
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18| professional development, subject to the provisions of |
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19| the Oklahoma Teacher Preparation Act; |
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20| 7. Promulgate rules governing the classification, inspection, |
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21|supervision and accrediting of all public nursery, kindergarten, |
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22|elementary and secondary schools and on-site educational services |
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23|provided by public school districts or state-accredited private |
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24|schools in partial hospitalization programs, day treatment programs, |
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1|and day hospital programs as defined in this act for persons between |
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2|the ages of three (3) and twenty-one (21) years of age in the state. |
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3| However, no school shall be denied accreditation solely on the |
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4|basis of average daily attendance. |
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5| Any school district which maintains an elementary school and |
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6|faces the necessity of relocating its school facilities because of |
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7|construction of a lake, either by state or federal authority, which |
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8|will inundate the school facilities, shall be entitled to receive |
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9|probationary accreditation from the State Board of Education for a |
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10|period of five (5) years after the effective date of this act and |
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11|any school district, otherwise qualified, shall be entitled to |
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12|receive probationary accreditation from the State Board of Education |
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13|for a period of two (2) consecutive years to attain the minimum |
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14|average daily attendance. The Head Start and public nurseries or |
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15|kindergartens operated from Community Action Program funds shall not |
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16|be subjected to the accrediting rules of the State Board of |
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17|Education. Neither will the State Board of Education make rules |
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18|affecting the operation of the public nurseries and kindergartens |
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19|operated from federal funds secured through Community Action |
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20|Programs even though they may be operating in the public schools of |
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21|the state. However, any of the Head Start or public nurseries or |
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22|kindergartens operated under federal regulations may make |
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23|application for accrediting from the State Board of Education but |
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24|will be accredited only if application for the approval of the |
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1|programs is made. The status of no school district shall be changed |
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2|which will reduce it to a lower classification until due notice has |
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3|been given to the proper authorities thereof and an opportunity |
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4|given to correct the conditions which otherwise would be the cause |
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5|of such reduction. |
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6| Private and parochial schools may be accredited and classified |
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7|in like manner as public schools or, if an accrediting association |
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8|is approved by the State Board of Education, by procedures |
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9|established by the State Board of Education to accept accreditation |
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10|by such accrediting association, if application is made to the State |
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11|Board of Education for such accrediting; |
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12| 8. Be the legal agent of the State of Oklahoma to accept, in |
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13|its discretion, the provisions of any Act of Congress appropriating |
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14|or apportioning funds which are now, or may hereafter be, provided |
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15|for use in connection with any phase of the system of public |
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16|education in Oklahoma. It shall prescribe such rules as it finds |
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17|necessary to provide for the proper distribution of such funds in |
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18|accordance with the state and federal laws; |
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19| 9. Be and is specifically hereby designated as the agency of |
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20|this state to cooperate and deal with any officer, board or |
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21|authority of the United States Government under any law of the |
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22|United States which may require or recommend cooperation with any |
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23|state board having charge of the administration of public schools |
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24|unless otherwise provided by law; |
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1| 10. Be and is hereby designated as the "State Educational |
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2|Agency" referred to in Public Law 396 of the 79th Congress of the |
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3|United States, which law states that said act may be cited as the |
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4|"National School Lunch Act", and said State Board of Education is |
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5|hereby authorized and directed to accept the terms and provisions of |
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6|said act and to enter into such agreements, not in conflict with the |
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7|Constitution of Oklahoma or the Constitution and Statutes of the |
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8|United States, as may be necessary or appropriate to secure for the |
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9|State of Oklahoma the benefits of the school lunch program |
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10|established and referred to in said act; |
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11| 11. Have authority to secure and administer the benefits of the |
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12|National School Lunch Act, Public Law 396 of the 79th Congress of |
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13|the United States, in the State of Oklahoma and is hereby authorized |
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14|to employ or appoint and fix the compensation of such additional |
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15|officers or employees and to incur such expenses as may be necessary |
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16|for the accomplishment of the above purpose, administer the |
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17|distribution of any state funds appropriated by the Legislature |
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18|required as federal matching to reimburse on children's meals; |
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19| 12. Accept and provide for the administration of any land, |
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20|money, buildings, gifts, donation or other things of value which may |
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21|be offered or bequeathed to the schools under the supervision or |
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22|control of said Board; |
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23| 13. 11. Have authority to require persons having administrative |
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24|control of all school districts in Oklahoma to make such regular and |
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1|special reports regarding the activities of the schools in said |
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2|districts as the Board may deem needful for the proper exercise of |
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3|its duties and functions. Such authority shall include the right of |
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4|the State Board of Education to withhold all state funds under its |
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5|control, to withhold official recognition, including accrediting, |
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6|until such required reports have been filed and accepted in the |
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7|office of said Board and to revoke the certificates of persons |
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8|failing or refusing to make such reports; |
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9| 14. Have general supervision of the school lunch program. The |
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10|State Board of Education may sponsor workshops for personnel and |
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11|participants in the school lunch program and may develop, print and |
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12|distribute free of charge or sell any materials, books and bulletins |
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13|to be used in such school lunch programs. There is hereby created |
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14|in the State Treasury a revolving fund for the Board, to be |
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15|designated the School Lunch Workshop Revolving Fund. The fund shall |
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16|consist of all fees derived from or on behalf of any participant in |
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17|any such workshop sponsored by the State Board of Education, or from |
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18|the sale of any materials, books and bulletins, and such funds shall |
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19|be disbursed for expenses of such workshops and for developing, |
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20|printing and distributing of such materials, books and bulletins |
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21|relating to the school lunch program. The fund shall be |
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22|administered in accordance with Section 155 of Title 62 of the |
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23|Oklahoma Statutes; |
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24| |
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1| 15. 12. Prescribe all forms for school district and county |
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2|officers to report to the State Board of Education where required. |
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3|The State Board of Education shall also prescribe a list of |
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4|appropriation accounts by which the funds of school districts shall |
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5|be budgeted, accounted for and expended; and it shall be the duty of |
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6|the State Auditor and Inspector in prescribing all budgeting, |
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7|accounting and reporting forms for school funds to conform to such |
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8|lists; |
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9| 16. 13. Provide for the establishment of a uniform system of |
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10|pupil and personnel accounting, records and reports; |
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11| 17. 14. Have authority to provide for the health and safety of |
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12|school children and school personnel while under the jurisdiction of |
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13|school authorities; |
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14| 18. 15. Provide for the supervision of the transportation of |
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15|pupils; |
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16| 19. 16. Have authority, upon request of the local school board, |
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17|to act in behalf of the public schools of the state in the purchase |
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18|of transportation equipment; |
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19| 20. 17. Have authority and is hereby required to perform all |
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20|duties necessary to the administration of the public school system |
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21|in Oklahoma as specified in the Oklahoma School Code; and, in |
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22|addition thereto, those duties not specifically mentioned herein if |
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23|not delegated by law to any other agency or official; |
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24| |
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1| 21. 18. Administer the State Public Common School Building |
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2|Equalization Fund established by Section 32 of Article X of the |
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3|Oklahoma Constitution. Any monies as may be appropriated or |
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4|designated by the Legislature, other than ad valorem taxes, any |
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5|other funds identified by the State Department of Education, which |
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6|may include, but not be limited to, grants-in-aid from the federal |
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7|government for building purposes, the proceeds of all property that |
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8|shall fall to the state by escheat, penalties for unlawful holding |
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9|of real estate by corporations, and capital gains on assets of the |
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10|permanent school funds, shall be deposited in the State Public |
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11|Common School Building Equalization Fund. The fund shall be used to |
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12|aid school districts and charter schools in acquiring buildings, |
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13|subject to the limitations fixed by Section 32 of Article X of the |
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14|Oklahoma Constitution. It is hereby declared that the term |
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15|"acquiring buildings" as used in Section 32 of Article X of the |
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16|Oklahoma Constitution shall mean acquiring or improving school |
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17|sites, constructing, repairing, remodeling or equipping buildings, |
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18|or acquiring school furniture, fixtures, or equipment. It is hereby |
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19|declared that the term "school districts" as used in Section 32 of |
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20|Article X of the Oklahoma Constitution shall mean school districts |
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21|and eligible charter schools as defined in subsection B of this |
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22|section. The State Board of Education shall disburse redbud school |
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23|grants annually from the State Public Common School Building |
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24|Equalization Fund to public schools and eligible charter schools |
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1|pursuant to subsection B of this section. The Board shall |
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2|promulgate rules for the implementation of disbursing redbud school |
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3|grants pursuant to this section. The State Board of Education shall |
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4|prescribe rules for making grants of aid from, and for otherwise |
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5|administering, the fund pursuant to the provisions of this |
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6|paragraph, and may employ and fix the duties and compensation of |
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7|technicians, aides, clerks, stenographers, attorneys and other |
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8|personnel deemed necessary to carry out the provisions of this |
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9|paragraph. The cost of administering the fund shall be paid from |
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10|monies appropriated to the State Board of Education for the |
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11|operation of the State Department of Education. From monies |
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12|apportioned to the fund, the State Department of Education may |
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13|reserve not more than one-half of one percent (1/2 of 1%) for |
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14|purposes of administering the fund; |
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15| 22. 19. Recognize that the Director of the Oklahoma Department |
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16|of Corrections shall be the administrative authority for the schools |
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17|which are maintained in the state reformatories and shall appoint |
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18|the principals and teachers in such schools. Provided, that rules |
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19|of the State Board of Education for the classification, inspection |
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20|and accreditation of public schools shall be applicable to such |
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21|schools; and such schools shall comply with standards set by the |
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22|State Board of Education; and |
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23| 23. 20. Have authority to administer a revolving fund which is |
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24|hereby created in the State Treasury, to be designated the |
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1|Statistical Services Revolving Fund. The fund shall consist of all |
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2|monies received from the various school districts of the state, the |
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3|United States Government, and other sources for the purpose of |
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4|furnishing or financing statistical services and for any other |
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5|purpose as designated by the Legislature. The State Board of |
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6|Education is hereby authorized to enter into agreements with school |
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7|districts, municipalities, the United States Government, foundations |
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8|and other agencies or individuals for services, programs or research |
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9|projects. The Statistical Services Revolving Fund shall be |
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10|administered in accordance with Section 155 of Title 62 of the |
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11|Oklahoma Statutes. |
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12| B. 1. The redbud school grants shall be determined by the |
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13|State Department of Education as follows: |
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14| a. divide the county four-mill levy revenue by four to |
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15| determine the nonchargeable county four-mill revenue |
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16| for each school district, |
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17| b. determine the amount of new revenue generated by the |
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18| five-mill building fund levy as authorized by Section |
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19| 10 of Article X of the Oklahoma Constitution for each |
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20| school district as reported in the Oklahoma Cost |
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21| Accounting System for the preceding fiscal year, |
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22| c. add the amounts calculated in subparagraphs a and b |
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23| of this paragraph to determine the nonchargeable |
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24| millage for each school district, |
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1| d. add the nonchargeable millage in each district |
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2| statewide as calculated in subparagraph c of this |
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3| paragraph and divide the total by the average daily |
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4| membership in public schools statewide based on the |
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5| preceding school year's average daily membership, |
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6| according to the provisions of Section 18-107 of this |
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7| title. This amount is the statewide nonchargeable |
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8| millage per student, known as the baseline local |
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9| funding per student, |
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10| e. all eligible charter schools shall be included in |
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11| these calculations as unique school districts, |
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12| separate from the school district that may sponsor the |
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13| eligible charter school, and the total number of |
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14| districts shall be used to determine the statewide |
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15| average baseline local funding per student, |
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16| f. for each school district or eligible charter school |
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17| which is below the baseline local funding per student, |
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18| the Department shall subtract the baseline local |
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19| funding per student from the average nonchargeable |
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20| millage per student of the school district or eligible |
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21| charter school to determine the nonchargeable millage |
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22| per student shortfall for each district, and |
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23| g. the nonchargeable millage per student shortfall for a |
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24| school district or eligible charter school shall be |
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Req. No. 5149 Page 17
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1| multiplied by the average daily membership of the |
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2| preceding school year of the eligible school district |
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3| or eligible charter school. This amount shall be the |
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4| redbud school grant amount for the school district or |
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5| eligible charter school. |
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6| 2. For fiscal year 2022, monies for the redbud school grants |
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7|shall be expended from the funds apportioned pursuant to Section 2 |
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8|426 of this act Title 63 of the Oklahoma Statutes. For fiscal year |
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9|2023 and each subsequent fiscal year, monies for the redbud school |
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10|grants shall be appropriated pursuant to Section 2 426 of this act |
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11|Title 63 of the Oklahoma Statutes, not to exceed three-fourths (3/4) |
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12|of the tax collected in the preceding fiscal year pursuant to |
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13|Section 426 of Title 63 of the Oklahoma Statutes as determined by |
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14|the Oklahoma Tax Commission. For fiscal year 2023 and each |
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15|subsequent fiscal year, if such appropriated funds are insufficient |
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16|to fund the redbud school grants, then an additional apportionment |
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17|of funds shall be made from sales tax collections as provided by |
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18|subsection D of Section 3 1353 of this act Title 68 of the Oklahoma |
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19|Statutes. If both funds are insufficient, the Department shall |
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20|promulgate rules to permit a decrease to the baseline local funding |
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21|per student to the highest amount allowed with the funding |
| |
22|available. |
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23| 3. As used in this section, "eligible charter school" shall |
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24|mean a charter school which is sponsored pursuant to the provisions |
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Req. No. 5149 Page 18
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1|of the Oklahoma Charter School Act. Provided, however, "eligible |
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2|charter school" shall not include a charter school sponsored by the |
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3|Statewide Virtual Charter School Board but shall only include those |
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4|which provide in-person or blended instruction, as provided by |
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5|Section 1-111 of this title, to not less than two-thirds (2/3) of |
| |
6|students as the primary means of instructional service delivery. |
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7| 4. The Department shall develop a program to acknowledge the |
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8|redbud school grant recipients and shall include elected members of |
| |
9|the Oklahoma House of Representatives and Oklahoma State Senate who |
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10|represent the school districts and eligible charter schools. |
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11| 5. The Department shall create a dedicated page on its website |
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12|listing annual redbud school grant recipients, amount awarded to |
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13|each recipient and other pertinent information about the Redbud |
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14|School Funding Act. |
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15| 6. The Department shall provide the Chair of the House |
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16|Appropriations and Budget Committee and the Chair of the Senate |
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17|Appropriations Committee no later than February 1 of each year with |
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18|an estimate of the upcoming year's redbud school grant allocation as |
| |
19|prescribed by this section. |
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20| SECTION 4. REPEALER 70 O.S. 2021, Section 3-119, is |
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21|hereby repealed. |
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22| SECTION 5. This act shall become effective November 1, 2023. |
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23| |
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24| 59-1-5149 CMA 11/28/22 |
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Req. No. 5149 Page 19
