ENROLLED HOUSE
BILL NO. 4465 By: Wallace and Martinez of the House
and
Thompson
and Hall of the Senate
An Act relating to education; specifying apportionment of
certain appropriated funds; providing for the budgeting of funds in certain
categories and amounts; requiring development of certain performance measures;
requiring transfers of certain funds; limiting authority to reduce certain
apportionments; requiring certain funds to be expended for certain purposes;
stating purposes for allocated funds; requiring certain transfer of funds;
stating legislative intent regarding expenditures for direct costs; prohibiting
the State Department of Education from contracting for certain administrative
costs in certain program; providing for duties and compensation of employees of
the State Department of Education; requiring the reduction or withholding of
State Aid funds for certain purposes; authorizing the State Board of Education to
request transfer of certain funds; authorizing the request of early allocations
for certain funds; requiring proportional reductions of allocations under
certain conditions; authorizing exemption from budgetary limits for
unanticipated federal funds; providing procedures; requiring approval of
exemption request under certain conditions; requiring budgeting of certain
funds in certain years; providing lapse dates; requiring certain budgeting
procedures; and prohibiting certain budgeting procedures.
SUBJECT:
Education
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
For the fiscal year ending June 30, 2023, the support of public school
activities by the State Board of Education payable from monies appropriated and
authorized by Enrolled Senate Bill No. 1040 of the 2nd Session of the 58th
Oklahoma Legislature shall be apportioned as follows:
1. Funds appropriated and
authorized by Sections 1 through 7 of Enrolled Senate Bill No. 1040 of the 2nd
Session of the 58th Oklahoma Legislature:
Local and State-supported Financial
Support of Public Schools $2,437,246,699.00
SUBTOTAL, PARAGRAPH 1 $2,437,246,699.00
2. Funds appropriated by
Sections 8 through 12 of Enrolled Senate Bill No. 1040 of the 2nd Session of
the 58th Oklahoma Legislature:
Certified Employee Health Benefit
Allowance $359,193,470.00
Support Employee Health Benefit
Allowance $194,211,359.00
Teachers' Retirement Credit $35,000,000.00
Purchase of Textbooks and
Instructional Materials $45,190,000.00
Alternative and High Challenge
Education $14,000,000.00
Education Leadership Oklahoma $4,300,000.00
Advanced Placement Incentives $1,500,000.00
Reading Sufficiency Act $13,000,000.00
Required Assessments $9,205,685.00
Teach for America $2,000,000.00
Street School $180,000.00
Ag in the Classroom $38,000.00
Imagine Math $1,000,000.00
Imagine Reading $1,000,000.00
Oklahoma Arts Institute $320,000.00
Early Intervention $16,225,341.00
Secure Schools Program $2,350,000.00
Great Expectations $500,000.00
Child ID $500,000.00
Academic Standards Implementation $300,000.00
Teacher and Leader Effectiveness $250,000.00
Student Information Security $500,000.00
ACT Work Keys $250,000.00
Early Childhood Initiative $12,000,000.00
School Lunch Matching $3,500,000.00
SUBTOTAL, PARAGRAPH 2 $716,513,855.00
3. Funds appropriated by
Section 12 of Enrolled Senate Bill No. 1040 of the 2nd Session of the 58th
Oklahoma Legislature:
Administrative and Support Functions
of the State Department of Education $19,145,366.00
SUBTOTAL, PARAGRAPH 3 $19,145,366.00
TOTAL State School Aid and Programs $3,172,905,920.00
SECTION 2.
For the fiscal year ending June 30, 2023, the State Board of Education
shall budget all funds in the following categories and amounts:
Category Total
Payroll, Salaries or Wages, $21,532,290.00
Including Tax-sheltered Deferment Contracts and Longevity Payments
Authorized by State Statutes
Professional and Personal Services
Contracts $27,083,585.00
Other Operating Funds $3,215,841,664.00
Expenditure of Federal Funds $1,878,011,533.00
TOTAL $5,142,469,072.00
The agency shall develop outcome-based performance measures for
each budget category.
SECTION 3.
The funds appropriated in Sections 13 and 14 of Enrolled Senate Bill No.
1040 of the 2nd Session of the 58th Oklahoma Legislature in the amount of Four
Million Two Hundred Twenty-six Thousand Seven Hundred Ninety-nine Dollars
($4,226,799.00) shall be transferred to the School Consolidation Assistance
Fund.
SECTION 4.
The funds appropriated in Sections 15 and 16 of Enrolled Senate Bill No.
1040 of the 2nd Session of the 58th Oklahoma Legislature in the amount of Four
Million Two Hundred Twenty-six Thousand Seven Hundred Ninety-nine Dollars
($4,226,799.00) shall be transferred to the Teachers' Retirement System
Dedicated Revenue Revolving Fund, and further transferred as authorized in
Section 17 of Enrolled Senate Bill No. 1040 of the 2nd Session of the 58th
Oklahoma Legislature.
SECTION 5.
The funds allocated in Section 1 of this act specifically for the
purpose of funding the Teachers' Retirement Credit shall be transferred to the
Teachers' Retirement System of Oklahoma.
SECTION 6. If the funds allocated in Section 1 of this
act specifically for the purpose of funding the Teachers' Retirement Credit are
insufficient to fully fund the employee contribution credits provided for in
Section 17-108.2 of Title 70 of the Oklahoma Statutes as invoiced by the
Teachers' Retirement System of Oklahoma, the Department may reduce in equal
proportions funds allocated in Section 1 of this act to Education Leadership
Oklahoma, Advanced Placement Incentives, Reading Sufficiency Act, Teacher and
Leader Effectiveness, Alternative and High Challenge Education, Required
Assessments, Ag in the Classroom, Imagine Math, Imagine Reading, ACT Work Keys,
Child ID, and Oklahoma Arts Institute.
The total amount of funds reduced shall not
exceed the additional amount required to fully fund the employee contribution
credits.
SECTION
7. The funds
allocated in Section 1 of this act for the purpose of funding Education
Leadership Oklahoma shall be expended as follows:
1. One Million Dollars ($1,000,000.00) shall be
transferred to the Oklahoma National Board Certification Revolving Fund created
in Section 6-204.4 of Title 70 of the Oklahoma Statutes for the purpose of
awarding annual bonuses as directed; and
2. Three Million Three Hundred Thousand Dollars
($3,300,000.00) shall be transferred to the Oklahoma School Psychologist,
Speech-Language Pathologist, and Audiologist National Certification Revolving
Fund created in Section 6-206.1 of Title 70 of the Oklahoma Statutes for the
purpose of awarding annual bonuses as directed.
SECTION
8. The funds
allocated in Section 1 of this act for Advanced Placement Incentives shall be
expended for the purpose of providing assistance for students in financial
need, grants to districts wanting to start new AP programs and expanding
professional development, pursuant to the provisions of Section 1210.703 of
Title 70 of the Oklahoma Statutes.
SECTION
9. The funds
allocated in Section 1 of this act for the Reading Sufficiency Act shall be
expended pursuant to the provisions of Section 1210.508A et seq. of Title 70 of
the Oklahoma Statutes.
SECTION
10. The funds
allocated in Section 1 of this act for Teacher and Leader Effectiveness shall
be expended for the purpose of improving the effectiveness of teachers and
leaders in the public school system through continued development, pursuant to
Section 6-101.16 of Title 70 of the Oklahoma Statutes.
SECTION
11. The funds
allocated in Section 1 of this act for Required Assessments shall be expended
for the purpose of administering a statewide student assessment system for
grades three through twelve, pursuant to Section 1210.508 of Title 70 of the
Oklahoma Statutes.
SECTION
12. The funds
allocated in Section 1 of this act for Alternative and High Challenge Education
shall be expended for the purpose of operating the statewide system of
alternative education programs, as provided in Section 1210.568 of Title 70 of
the Oklahoma Statutes, and for encouraging school districts to participate in
innovative alternative education programs.
SECTION
13. The funds
allocated in Section 1 of this act for Early Intervention shall be transferred
to the Early Intervention Fund 250. It
is the intent of the Legislature that funding available for SoonerStart Early
Intervention Services be expended for direct services to eligible infants,
toddlers, and their families. The State
Department of Education shall not contract, pay, or reimburse for
administrative cost recovery personnel, accounting, management information
system costs, and maintenance and operations at the state or local level or
indirect costs which do not comply with the requirements of Section 13-125 of
Title 70 of the Oklahoma Statutes.
SECTION
14. The funds
allocated in Section 1 of this act for the Early Childhood Initiative shall be
expended for the purpose of funding the early childhood program pursuant to the
provisions of Section 10-105.4 of Title 70 of the Oklahoma Statutes.
SECTION
15. The funds
allocated in Section 1 of this act for the Academic Standards Implementation
shall be expended for the purpose of funding standards implementation pursuant
to the provisions of Section 11-103.6 of Title 70 of the Oklahoma Statutes.
SECTION
16. State Aid
funds shall be reduced or withheld by the State Board of Education in an amount
necessary to ensure compliance with the provisions of this act.
SECTION
17. The State
Board of Education is authorized to request the Office of Management and
Enterprise Services to transfer appropriated funds to the appropriate
dispensing fund.
SECTION
18. The State
Superintendent of Public Instruction may request through the Director of the
Office of Management and Enterprise Services the early transfer by the Oklahoma
Tax Commission of tax collections to the Education Reform Revolving Fund for
the purpose of early allocation to the Board's disbursing funds to alleviate
cash-flow problems.
SECTION
19. If funds
appropriated in Sections 1 through 16 of Enrolled Senate Bill No. 1040 of the 2nd
Session of the 58th Oklahoma Legislature are not
sufficient to fully fund the provisions of this act, each school district which
qualifies for funds, excluding Financial Support of Public Schools, pursuant to
the provisions of this act shall take a proportionate reduction.
SECTION
20. A. The State Superintendent of Public
Instruction may request, in the manner provided in this section, that receipt
and expenditure of unanticipated federal funds awarded after July 1, 2022, be
exempt from expenditure limitations and from budgetary limitations.
1. The Superintendent shall make a request for
exemption to the Office of Management and Enterprise Services in writing and
file a revised budget work program.
2. The Superintendent shall also file copies of
the request for exemption and budget work program revisions with the Oklahoma
House of Representatives Appropriations and Budget Committee Chair and the Oklahoma State Senate Appropriations
Committee Chair. The House
Appropriations and Budget Committee Chair and/or the Senate Appropriations
Committee Chair shall notify the Office of Management and Enterprise Services
of any noncompliance of the request with legislative intent within twelve (12)
calendar days of their receipt of the exemption request.
B. The Office of Management and Enterprise
Services shall approve the request for exemption unless both the Chair and Vice
Chair of the Joint Legislative Committee on Budget and Program Oversight
provide written notification to the Office of Management and Enterprise
Services within twelve (12) calendar days of the Committee's receipt of the
exemption request that the exemption subverts the intention and objectives of
the Legislature in establishing the original limit. The Office of Management and Enterprise
Services shall give written notice of approval or disapproval of each exemption
to the agency, the Governor, the Chair of the House Appropriations and Budget
Committee and the Chair of the Senate Appropriations Committee within eighteen
(18) calendar days of receiving the request.
SECTION 21.
Appropriations made by this act, not including appropriations made for
capital outlay purposes, may be budgeted for the fiscal year ending June 30,
2023 (hereafter FY-23) or may be budgeted for the fiscal year ending June 30,
2024 (hereafter FY-24). Funds budgeted
for FY-23 may be encumbered only through June 30, 2023, and must be expended by
November 15, 2023. Any funds remaining
after November 15, 2023, and not budgeted for FY-24, shall lapse to the credit
of the proper fund for the then current fiscal year. Funds budgeted for FY-24 may be encumbered
only through June 30, 2024. Any funds
remaining after November 15, 2024, shall lapse to the credit of the proper fund
for the then current fiscal year. These
appropriations may not be budgeted in both fiscal years simultaneously. Funds budgeted in FY-23, and not required to
pay obligations for that fiscal year, may be budgeted for FY-24, after the
agency to which the funds have been appropriated has prepared and submitted a
budget work program revision removing these funds from the FY-23 budget work
program and after such revision has been approved by the Office of Management
and Enterprise Services.
SECTION 22.
The duties and compensation of employees, not otherwise prescribed by law,
necessary to perform the duties imposed upon the State Department of Education
by law shall be set by the State Board of Education.
Passed the
House of Representatives the 18th day of May, 2022.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 20th day of
May, 2022.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By: _________________________________