1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 1026 By: Jett |
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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 school district boards of |
| education; amending 70 O.S. 2021, Section 5-107A, |
8| which relates to board membership and election |
| procedures; updating statutory references; modifying |
9| term of office of board of education members; |
| limiting the number of terms a board of education |
10| member may serve as a member or chair; providing for |
| nonconsecutive service, service on other boards, and |
11| partial terms; providing exception for less than a |
| full term to fill a vacancy in office; prohibiting a |
12| member who has completed the maximum number of terms |
| from serving a partial term as a member or a chair; |
13| amending 70 O.S. 2021, Section 5-107B, which relates |
| to the election of board of education chair; |
14| modifying term of office of board of education chair; |
| limiting the number of terms a board of education |
15| chair may serve as chair or as a member; providing |
| for nonconsecutive service, service on other boards, |
16| and partial terms; providing exception for less than |
| a full term to fill a vacancy in office; prohibiting |
17| a chair who has completed the maximum number of terms |
| from serving a partial term as chair or as a member; |
18| providing an effective date; and declaring an |
| emergency. |
19| |
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20| |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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22| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-107A, is |
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23|amended to read as follows: |
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24| |
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Req. No. 1399 Page 1
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1| Section 5-107A. The following provisions and the provisions of |
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2|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall |
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3|govern the election of members of the board of education for a |
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4|school district: |
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5| A. For purposes of this section, temporary positions added to a |
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6|board of education pursuant to Section 7-101 or 7-105 of this title |
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7|and the chair of the board of education elected pursuant to Section |
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8|1 Section 5-107B of this act title shall not be considered in |
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9|determining the size of the board. The number and term of each |
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10|board of education shall be as follows: |
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11| District Members Term (Years) |
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12| |
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13| Elementary 3 3 2 |
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14| Independent |
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15| 1. Districts having a |
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16| five-member board 5 5 2 |
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17| |
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18| 2. Districts having a |
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19| seven-member board unless |
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20| an election is conducted |
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21| pursuant to subsection C of |
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22| this section 7 4 2 |
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23| |
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1| The term of office of a board of education member elected |
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2|pursuant to the provisions of this section after the effective date |
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3|of this act shall be two (2) years. |
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4| B. In all school districts, the members of the board of |
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5|education shall be elected as follows: |
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6| 1. a. Between August 1 and December 31 of the year following |
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7| the submission by the United States Department of |
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8| Commerce to the President of the United States of the |
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9| official Federal Decennial Census, the board of |
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10| education shall reapportion the territory of the |
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11| school district into board districts. Beginning with |
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12| the reapportionment following the 1990 Federal |
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13| Decennial Census, all boundaries of board districts |
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14| shall follow clearly visible, definable, and |
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15| observable physical boundaries which are based upon |
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16| criteria established and recognized by the Bureau of |
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17| the Census of the United States Department of Commerce |
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18| for purposes of defining census blocks for its |
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19| decennial census and shall follow, as much as is |
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20| possible, precinct boundaries. Board districts shall |
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21| be compact, contiguous and shall be as equal in |
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22| population as practical with not more than a ten |
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23| percent (10%) variance between the most populous and |
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24| least populous board districts. |
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1| b. School districts having fewer than one thousand eight |
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2| hundred (1,800) students in average daily membership |
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3| during the preceding school year may choose not to |
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4| establish board districts and may nominate and elect |
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5| all board members at large. |
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6| c. Elementary school districts shall have board members |
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7| elected at large. |
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8| d. A city located in an independent school district |
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9| having four or more wards and an outlying area with |
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10| such outlying area comprising no more than twenty |
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11| percent (20%) of the population of such independent |
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12| school district, then such independent school district |
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13| may adopt such wards and outlying area in lieu of the |
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14| board districts provided for in subparagraph a of this |
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15| paragraph, and at least one member of the board of |
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16| education of such independent school district shall be |
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17| a member of each ward; and |
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18| 2. One member of the board of education shall be elected by the |
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19|electors of the school district to represent each such board |
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20|district. Provided, however, that in any school district where the |
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21|electors of each board district, rather than the electors of the |
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22|entire school district, elect board members to represent that board |
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23|district, that district shall elect board members in that manner. |
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24| |
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1| If during the term of office to which a person was elected, that |
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2|member ceases to be a resident of the board district for which the |
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3|person was elected, the office shall become vacant and such the |
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4|vacancy shall be filled as provided in Section 13A-110 of Title 26 |
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5|of the Oklahoma Statutes; and |
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6| 3. In a school district having more than ten thousand (10,000) |
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7|children in average daily membership, the following provision and |
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8|the provisions of Section 13A-101 et seq. of Title 26 of the |
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9|Oklahoma Statutes shall control as to election of the members of the |
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10|school district's board of education: |
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11| a. There shall be held an election in which the electors |
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12| of each board district in which a term is expiring or |
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13| in which a vacancy exists shall select two candidates |
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14| from among the candidates for board member to |
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15| represent the board district, |
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16| b. If, in the election, one candidate has a majority of |
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17| all votes cast, then a run-off election is not |
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18| required. If no candidate receives a majority of all |
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19| votes cast, then the two candidates receiving the |
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20| greatest number of votes shall become the candidates |
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21| for the board district in the general election, and |
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22| c. At the run-off election, all of the electors of the |
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23| board district shall select one of the two candidates |
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1| as the member of the board of education representing |
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2| the board district. |
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3| C. Any seven-member board shall have the option of reducing its |
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4|board to a five-member board either after approval of a board |
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5|resolution or a vote of the electors of the school district to take |
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6|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma |
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7|Statutes. The election pursuant to a vote of the electors of the |
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8|school district shall be called upon the submission of a petition |
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9|requesting the election signed by ten percent (10%) of the school |
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10|district electors in the school district, the percentage being |
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11|applied to the highest number of voters voting in a regular school |
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12|district election in the district in the preceding five (5) years as |
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13|determined by the secretary of the county election board, who shall |
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14|certify the adequacy of the number of signatures on the petition. |
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15|If the question is put before the voters of the district, such the |
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16|election shall be held along with and at the same time and place as |
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17|the next school election if all requirements of Section 13A-101 et |
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18|seq. of Title 26 of the Oklahoma Statutes for such election are met. |
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19| After such the resolution or election, the board shall |
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20|reapportion the district, determining by resolution or by lot which |
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21|board member offices shall be abolished at the end of the current |
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22|board member's term and which shall become one of the offices of the |
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23|new board. |
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1| Election of the resulting board members shall be carried out |
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2|according to procedures stated in this section and Section 13A-101 |
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3|et seq. of Title 26 of the Oklahoma Statutes. |
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4| School board members currently serving in offices abolished |
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5|pursuant to this subsection shall continue serving until the end of |
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6|their current terms as at-large members. |
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7| D. Except for the chair of the board of education elected |
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8|pursuant to Section 1 Section 5-107B of this act title, offices of |
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9|members of the board of education shall be designated by consecutive |
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10|numbers and shall correspond with board districts when applicable. |
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11| E. Except for those members elected prior to July 1, 1992, the |
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12|terms of office of the members of a five-member board of education |
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13|shall commence on the first regular, special, or emergency school |
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14|board meeting after the date of the annual school election and after |
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15|the member has been certified as elected: |
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16| Office No. 1 1991 |
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17| Office No. 2 1992 |
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18| Office No. 3 1993 |
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19| Office No. 4 1994 |
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20| Office No. 5 1995 |
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21| The terms of office of the members of a seven-member board of |
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22|education shall be staggered, with one member being elected in 1991, |
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23|two members being elected in 1992, two members being elected in |
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24|1993, and two members being elected in 1994 and shall commence on |
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Req. No. 1399 Page 7
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1|the first regular, special, or emergency school board meeting after |
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2|the date of the annual school election and after the member has been |
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3|certified as elected; provided, in districts needing to elect two |
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4|members in 1991 to maintain a full complement of board members, two |
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5|members shall be elected in 1991, one for a full term and one for a |
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6|one-year term, as determined by the local board. If a seven-member |
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7|board is formed upon consolidation pursuant to Section 7-105 of this |
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8|title, or upon annexation pursuant to Section 7-101 of this title, |
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9|the formation agreement shall specify initial short terms as |
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10|necessary to extend until the beginning of the regular terms for |
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11|seven-member boards established herein. |
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12| Upon reduction of a seven-member board pursuant to subsection C |
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13|of this section, the terms of the five-member board shall be |
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14|staggered pursuant to this subsection. |
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15| One member of a three-member board of education shall be elected |
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16|each year, and the terms of office shall commence on the first |
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17|regular, special, or emergency school board meeting after the member |
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18|has been certified as elected. |
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19| F. The term of office of each board member elected after July |
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20|1, 1992, shall commence on the first regular, special, or emergency |
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21|school board meeting after the date of the annual school election |
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22|and after the member has been certified as elected. Board members |
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23|elected prior to July 1, 1992, may remain in office until their |
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24|successor is elected and seated pursuant to Sections 13A-101 through |
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1|13A-111 of Title 26 of the Oklahoma Statutes. The remaining term of |
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2|any member who completes the term for which the member was elected |
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3|but not wishing to serve until the successor of the member takes |
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4|office on the first regular, special, or emergency school board |
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5|meeting after the successor has been certified as elected, shall be |
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6|filled by appointment by the remaining members of the board of |
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7|education. |
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8| G. A member of a board of education elected to office pursuant |
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9|to the provisions of this section after the effective date of this |
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10|act shall be eligible to serve no more than five (5) terms on one |
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11|board of education as a member or as a chair of the board of |
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12|education elected pursuant to the provisions of Section 5-107B of |
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13|this title. Terms of office on one board of education need not be |
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14|consecutive in determining the total number of terms in office. The |
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15|terms served by a member of a board of education as a member or as a |
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16|chair on a separate board of education shall not be included in the |
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17|five-term limitation. A member shall not be eligible to serve an |
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18|additional term of office if, by serving that full additional term, |
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19|it would result in the member serving more than a total of five (5) |
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20|terms as a member or as a chair of the same board of education; |
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21|provided, however, the terms served by any member elected or |
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22|appointed to serve less than a full term to fill a vacancy in |
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23|office, as provided for in Section 13A-110 of Title 26 of the |
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24|Oklahoma Statutes, shall not be included in the five-term |
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1|limitation. A member who has completed five (5) terms in office |
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2|shall thereafter not be eligible to serve a partial term as a member |
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3|or as a chair of the same board of education. |
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4| SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-107B, is |
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5|amended to read as follows: |
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6| Section 5-107B. A. The board of education of a district with |
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7|an average daily membership (ADM) of more than thirty thousand |
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8|(30,000) students may be expanded to add a member who shall be |
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9|elected at large for a term of four (4) two (2) years and who shall |
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10|serve as chair of the board. The term of office of a board chair |
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11|elected pursuant to the provisions of this subsection after the |
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12|effective date of this act shall be two (2) years. The chair of the |
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13|board position may be added upon a majority vote of the district |
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14|board of education to add the position. If the board opts to add |
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15|the chair of the board position, the chair of the board shall be |
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16|elected at the next regular election of board members, held pursuant |
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17|to Section 13A-103 of Title 26 of the Oklahoma Statutes, following |
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18|the decision of the board. |
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19| B. The chair of the board of education shall possess the same |
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20|qualifications as required for other board members, shall assume |
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21|office as provided for other members of the board of education, |
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22|shall be a full, voting member of the board, and shall count for |
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23|purposes of a quorum or a majority, or other requirements based on |
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24|number of members on the board. The chair shall preside at all |
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1|meetings of the board of education in accordance with rules of |
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2|parliamentary procedure which have been adopted by a majority vote |
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3|of the board, provided that, in the absence of rules adopted by the |
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4|board, the chair shall determine and set forth the rules of |
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5|parliamentary procedure that shall apply at board meetings; assemble |
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6|and control the agenda for board meetings, provided that, upon |
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7|approval of a majority of the members of the board, an item shall be |
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8|placed on the agenda for the same or a subsequent meeting, in |
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9|accordance with the Oklahoma Open Meeting Act; appoint all |
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10|committees whose appointment is not otherwise provided for by law; |
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11|and shall sign all warrants ordered by the board of education to be |
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12|drawn upon the treasurer for school money. The chair of the board |
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13|shall possess all powers otherwise provided by law for a member of a |
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14|board of education, all powers provided by law for the president of |
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15|a board of education, and such other lawful powers as may be |
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16|conferred upon the chair by majority vote of the board. The chair |
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17|shall receive compensation and benefits as conferred upon other |
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18|members of the district board of education. |
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19| C. For a district in which a chair of the board has been |
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20|elected, the district board of education, during the meeting at |
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21|which the chair of the board assumes office, shall elect a |
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22|vice-chair vice chair who shall serve a one-year term and until a |
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23|successor is elected and qualified. The vice-chair vice chair shall |
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24|perform all duties of the chair of the board in case of the chair's |
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1|absence or disability. The board shall also elect clerks and |
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2|deputies as provided in Section 5-119 of this title. The board |
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3|shall not elect a president or vice president. |
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4| D. If a district board of education is expanded to include the |
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5|chair of the board position, the chair of the board position shall |
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6|not be abolished except by a majority vote of the voters of the |
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7|school district voting on such the question at a special election |
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8|called for that purpose. The question may be presented only upon a |
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9|resolution adopted by three-fourths (3/4) of the board membership or |
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10|upon petition for an election on the question, that complies with |
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11|the requirements for petition and election set forth in Section |
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12|7-101 of this title. If the question is approved, the chair of the |
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13|board position shall be abolished at the end of the term of the |
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14|chair who holds the office when the election is held or upon the |
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15|chair's resignation or vacancy of the office following the election |
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16|on the question. |
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17| E. The chair of a board of education elected to office pursuant |
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18|to the provisions of this section after the effective date of this |
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19|act shall be eligible to serve no more than five (5) terms on one |
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20|board of education as chair or as a member of the board of education |
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21|elected pursuant to the provisions of Section 5-107A of this title. |
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22|Terms of office on one board of education need not be consecutive in |
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23|determining the total number of terms in office. The terms served |
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24|by the chair of a board of education as a chair or as a member on a |
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1|separate board of education shall not be included in the five-term |
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2|limitation. A chair shall not be eligible to serve an additional |
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3|term of office if, by serving the full additional term, it would |
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4|result in the chair serving more than a total of five (5) terms as |
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5|chair or as a member of the same board of education; provided, |
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6|however, the terms served by any chair elected or appointed to serve |
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7|less than a full term to fill a vacancy in office, as provided for |
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8|in Section 13A-110 of Title 26 of the Oklahoma Statutes, shall not |
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9|be included in the five-term limitation. A chair who has completed |
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10|five (5) terms in office shall thereafter not be eligible to serve a |
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11|partial term as a chair or as a member of the same board of |
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12|education. |
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13| SECTION 3. This act shall become effective July 1, 2023. |
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14| SECTION 4. It being immediately necessary for the preservation |
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15|of the public peace, health, or safety, an emergency is hereby |
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16|declared to exist, by reason whereof this act shall take effect and |
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17|be in full force from and after its passage and approval. |
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19| 59-1-1399 EB 1/19/2023 4:08:36 PM |
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