1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1903 By: Fugate |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 3-101, which relates to the State Board of |
8| Education; modifying membership of the Board; |
| requiring five-year terms for certain Board members; |
9| providing an exception; mandating Senate confirmation |
| for certain appointments; deleting provision that |
10| members serve at the pleasure of the Governor; |
| prohibiting removal of members except for cause; |
11| directing vacancies to be filled by the appointing |
| authority; providing for initial appointments within |
12| specified time; specifying term limits for initial |
| appointments; and providing an effective date. |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-101, is |
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18|amended to read as follows: |
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19| Section 3-101. A. The State Board of Education shall consist |
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20|of seven (7) fifteen (15) members. The State Superintendent of |
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21|Public Instruction shall be a member and the chairperson of the |
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22|Board. The remaining six fourteen (14) members shall be appointed |
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23|by the Governor by and with the advice and consent of the Senate. |
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24|Except as otherwise provided for in subsection B of this section, |
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Req. No. 6768 Page 1
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1|upon assuming office each Governor shall appoint one member from |
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2|each congressional district and one member from the state at large. |
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3|as follows: |
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4| 1. Six (6) members appointed by the Governor. No more than |
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5|three (3) of the members appointed by the Governor shall be |
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6|registered members of the same political party. At least one member |
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7|appointed by the Governor shall represent private schools, at least |
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8|one member shall represent home schools, and at least one member |
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9|shall represent charter schools; |
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10| 2. Three (3) members who all have school-aged children in the |
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11|home, one appointed by the Speaker of the Oklahoma House of |
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12|Representatives, one appointed by the President Pro Tempore of the |
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13|Oklahoma State Senate, and one appointed by the other members of the |
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14|Board; |
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15| 3. Five (5) members who are certified teachers, two selected by |
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16|the largest teacher association in the state, one which shall |
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17|represent urban school districts with an enrollment of ten thousand |
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18|(10,000) or more students, and one which shall represent rural |
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19|school districts located outside of the Oklahoma City and Tulsa |
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20|Metropolitan Statistical Areas, one selected by the second-largest |
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21|teacher association in the state, one selected by the largest |
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22|retired teacher association in the state, and one appointed by the |
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23|Oklahoma State Regents for Higher Education to represent the |
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24|colleges of education at higher education institutions in the state. |
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1|Each appointment shall be made to take effect on April 2. The term |
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2|of each appointed member shall be four (4) five (5) years, except |
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3|for members appointed by the Speaker and President Pro Tempore, who |
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4|shall serve for two-year terms. All appointments other than the |
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5|members appointed by the Speaker and President Pro Tempore shall be |
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6|subject to confirmation by the Senate at the next session of the |
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7|Legislature. Appointed members shall serve until a successor is |
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8|appointed. Appointed members shall serve at the pleasure of the |
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9|Governor only be removed by their appointing authority for cause. |
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10|Upon the occurrence of a vacancy the same shall be filled by the |
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11|Governor appointing authority, subject to confirmation by the Senate |
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12|at the next session of the Legislature. The appointment to fill a |
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13|vacancy shall be made for the unexpired term. |
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14| B. On the effective date of this act November 1, 2023, all |
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15|appointed positions of the current State Board of Education shall be |
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16|deemed vacant and the terms of persons serving on the Board shall be |
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17|deemed terminated. The Governor appointing authorities shall make |
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18|initial appointments pursuant to the provisions of this subsection |
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19|within thirty (30) days of the effective date of this act, with one |
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20|member appointed from each congressional district and one member |
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21|appointed from the state at large. The All initial appointments |
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22|other than the members appointed by the Speaker and President Pro |
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23|Tempore shall be subject to confirmation by the Senate at the next |
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24|session of the Legislature. The initial terms for members appointed |
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1|pursuant to this subsection shall terminate on April 2, 2015 be as |
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2|follows: |
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3| 1. Two (2) members appointed by the Governor shall serve an |
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4|initial term of one (1) year; |
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5| 2. One (1) member appointed by the Governor shall serve an |
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6|initial term of two (2) years; |
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7| 3. One (1) member appointed by the Governor shall serve an |
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8|initial term of three (3) years; |
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9| 4. One (1) member appointed by the Governor shall serve an |
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10|initial term of four (4) years; |
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11| 5. One (1) member appointed by the Governor shall serve an |
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12|initial term of five (5) years; |
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13| 6. One (1) member appointed by other members of the Board shall |
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14|serve an initial term of five (5) years; |
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15| 7. One (1) member appointed by the largest teacher association |
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16|in the state shall serve an initial term of one (1) year; |
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17| 8. One (1) member appointed by the largest teacher association |
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18|in the state shall serve an initial term of five (5) years; |
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19| 9. One (1) member appointed by the second-largest teacher |
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20|association in the state shall serve an initial term of two (2) |
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21|years; |
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22| 10. One (1) member appointed by the largest retired teacher |
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23|association in the state shall serve an initial term of three (3) |
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24|years; and |
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1| 11. One (1) member appointed by the Oklahoma State Regents for |
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2|Higher Education shall serve an initial term of four (4) years. |
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3| Thereafter Following completion of their initial term, members |
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4|shall be appointed as provided for in subsection A of this section. |
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5| C. No person shall be eligible to be appointed to serve on the |
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6|State Board unless the person has been awarded a high school diploma |
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7|or certificate of high school equivalency. Any member appointed to |
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8|the State Board shall complete the workshop requirements of a new |
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9|school board member pursuant to Section 5-110 of this title within |
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10|thirteen (13) months following or preceding the appointment of the |
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11|member. Notwithstanding any provision of law to the contrary, the |
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12|State Department of Education shall not charge any member of the |
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13|State Board of Education a fee for any workshop provided by the |
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14|Department for board members pursuant to Section 5-110 of this title |
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15|and shall not pay a fee to any organization or institution of higher |
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16|education on behalf of a member of the State Board of Education, or |
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17|reimburse any member of the Board for a fee paid to any organization |
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18|or institution of higher education, for attendance at a workshop or |
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19|courses to satisfy the requirements of Section 5-110 of this title. |
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20| D. Members of the Board shall receive necessary traveling |
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21|expenses while in the performance of their duties in accordance with |
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22|the State Travel Reimbursement Act. |
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23| SECTION 2. This act shall become effective November 1, 2023. |
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1| 59-1-6768 EK 01/17/23 |
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Req. No. 6768 Page 6
