1|ENGROSSED HOUSE AMENDMENT |
| TO |
2|ENGROSSED SENATE BILL NO. 1522 By: Pemberton and Haste of the |
| Senate |
3| |
| and |
4| |
| Tedford of the House |
5| |
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6| |
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7| |
| An Act relating to the State Board of Education; |
8| amending 70 O.S. 2021, Section 3-104, as last amended |
| by Section 4, Chapter 323, O.S.L. 2023 (70 O.S. Supp. |
9| 2023, Section 3-104), which relates to powers and |
| duties of the State Board of Education; removing |
10| certain definition; directing certain grants to be |
| used for certain purposes; updating statutory |
11| language; repealing 70 O.S. 2021, Section 3-104, as |
| amended by Section 1, Chapter 290, O.S.L. 2023, which |
12| relates to powers and duties of the State Board of |
| Education; providing an effective date; and declaring |
13| an emergency. |
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14| |
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15| |
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16| |
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17|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
| and insert: |
18| |
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19| |
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20| "An Act relating to the State Board of Education; |
| amending 70 O.S. 2021, Section 1-118, which relates |
21| to school district building funds; including purchase |
| and maintenance of school buses as authorized |
22| expenditure; amending 70 O.S. 2021, Section 3-104, as |
| last amended by Section 4, Chapter 323, O.S.L. 2023 |
23| (70 O.S. Supp. 2023, Section 3-104), which relates to |
| powers and duties of the State Board of Education; |
24| removing certain definition; directing certain grants |
| to be used for certain purposes; updating statutory |
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1| language; repealing 70 O.S. 2021, Section 3-104, as |
| amended by Section 1, Chapter 290, O.S.L. 2023, which |
2| relates to powers and duties of the State Board of |
| Education; providing an effective date; and declaring |
3| an emergency. |
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4| |
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5| |
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6|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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7| SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-118, is |
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8|amended to read as follows: |
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9| Section 1-118. The building fund of any school district shall |
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10|consist of all monies derived from the proceeds of a building fund |
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11|levy of not to exceed five (5) mills in any year, voted by the |
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12|people of a school district pursuant to the provisions of Article X, |
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13|Section 10 of the Oklahoma Constitution, monies appropriated by the |
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14|state for the purpose of capital expenditures or projects, monies |
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15|allocated to a school district by the State Board of Education from |
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16|the State Public Common School Building Equalization Fund and monies |
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17|donated to a school district for the purpose of capital projects or |
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18|improvements and may be used for erecting, remodeling, repairing or |
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19|maintaining school buildings, for purchasing furniture, equipment |
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20|and computer software to be used on or for school district property, |
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21|for repairing and maintaining computer systems and equipment, for |
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22|paying energy and utility costs, for purchasing telecommunications |
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23|utilities and services, for paying fire and casualty insurance |
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24|premiums for school facilities, for purchasing security systems, for |
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1|paying salaries of security personnel, for purchasing school buses, |
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2|or for one or more, or all, of such purposes. Proceeds of such |
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3|levies shall not be required to be used during the year for which a |
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4|levy is made but may accumulate from year to year until adequate for |
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5|the purposes intended. The building fund may also consist of monies |
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6|allocated to a school district via the federal Coronavirus Response |
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7|and Relief Supplemental Appropriation Act of 2021 (CRRSA) and the |
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8|federal American Rescue Plan Act of 2021 (ARP). The building fund |
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9|hereinabove defined is hereby declared to be a current expense fund, |
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10|but shall not be considered a part of the general operating fund. |
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11|No monies derived from the proceeds of the school levies made |
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12|pursuant to the provisions of Article X, Section 9 of the Oklahoma |
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13|Constitution may be placed in the building fund provided by this |
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14|section. |
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15| SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-104, as |
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16|last amended by Section 4, Chapter 323, O.S.L. 2023 (70 O.S. Supp. |
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17|2023, Section 3-104), is amended to read as follows: |
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18| Section 3-104. A. The supervision of the public school system |
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19|of Oklahoma shall be vested in the State Board of Education and, |
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20|subject to limitations otherwise provided by law, the State Board of |
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21|Education shall: |
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22| 1. Adopt policies and make rules for the operation of the |
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23|public school system of the state; |
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24| |
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1| 2. Appoint, prescribe the duties, and fix the compensation of a |
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2|secretary, an attorney, and all other personnel necessary for the |
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3|proper performance of the functions of the State Board of Education. |
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4| The secretary shall not be a member of the Board; |
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5| 3. Submit to the Governor a departmental budget based upon |
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6|major functions of the Department as prepared by the Superintendent |
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7|of Public Instruction and supported by detailed data on needs and |
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8|proposed operations as partially determined by the budgetary needs |
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9|of local school districts filed with the State Board of Education |
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10|for the ensuing fiscal year. Appropriations therefor shall be made |
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11|in lump-sum form for each major item in the budget as follows: |
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12| a. State Aid to schools, |
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13| b. the supervision of all other functions of general and |
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14| special education including general control, free |
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15| textbooks, school lunch, Indian education, and all |
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16| other functions of the Board and an amount sufficient |
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17| to adequately staff and administer these services, and |
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18| c. the Board shall determine the details by which the |
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19| budget and the appropriations are administered. |
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20| Annually, the Board shall make preparations to |
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21| consolidate all of the functions of the Department in |
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22| such a way that the budget can be based on two items, |
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23| administration and aid to schools. A maximum amount |
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24| |
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1| for administration shall be designated as a part of |
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2| the total appropriation; |
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3| 4. On the first day of December preceding each regular session |
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4|of the Legislature, prepare and deliver to the Governor and the |
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5|Legislature a report for the year ending June 30 immediately |
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6|preceding the regular session of the Legislature. The report shall |
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7|contain: |
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8| a. detailed statistics and other information concerning |
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9| enrollment, attendance, expenditures including State |
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10| Aid, and other pertinent data for all public schools |
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11| in this state, |
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12| b. reports from each and every division within the State |
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13| Department of Education as submitted by the |
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14| Superintendent of Public Instruction and any other |
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15| division, department, institution, or other agency |
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16| under the supervision of the Board, |
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17| c. recommendations for the improvement of the public |
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18| school system of the state, |
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19| d. a statement of the receipts and expenditures of the |
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20| State Board of Education for the past year, and |
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21| e. a statement of plans and recommendations for the |
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22| management and improvement of public schools and such |
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23| other information relating to the educational |
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24| |
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1| interests of the state as may be deemed necessary and |
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2| desirable; |
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3| 5. Provide for the formulation and adoption of curricula, |
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4|courses of study, and other instructional aids necessary for the |
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5|adequate instruction of pupils in the public schools; |
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6| 6. Have authority in matters pertaining to the licensure and |
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7|certification of persons for instructional, supervisory, and |
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8|administrative positions and services in the public schools of the |
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9|state subject to the provisions of Section 6-184 of this title, and |
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10|shall formulate rules governing the issuance and revocation of |
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11|certificates for superintendents of schools, principals, |
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12|supervisors, librarians, clerical employees, school nurses, school |
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13|bus drivers, visiting teachers, classroom teachers, and for other |
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14|personnel performing instructional, administrative, and supervisory |
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15|services, but not including members of boards of education and other |
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16|employees who do not work directly with pupils, and may charge and |
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17|collect reasonable fees for the issuance of such certificates: |
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18| a. the State Department of Education shall not issue a |
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19| certificate to and shall revoke the certificate of any |
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20| person who has been convicted, whether upon a verdict |
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21| or plea of guilty or upon a plea of nolo contendere, |
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22| or received a suspended sentence or any probationary |
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23| term for a crime or an attempt to commit a crime |
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24| provided for in Section 843.5 of Title 21 of the |
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1| Oklahoma Statutes if the offense involved sexual abuse |
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2| or sexual exploitation as those terms are defined in |
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3| Section 1-1-105 of Title 10A of the Oklahoma Statutes, |
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4| Section 741, 843.1, if the offense included sexual |
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5| abuse or sexual exploitation, 865 et seq., 885, 888, |
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6| 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, |
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7| 1111.1, 1114, or 1123 of Title 21 of the Oklahoma |
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8| Statutes or who enters this state and who has been |
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9| convicted, received a suspended sentence, or received |
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10| a deferred judgment for a crime or attempted crime |
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11| which, if committed or attempted in this state, would |
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12| be a crime or an attempt to commit a crime provided |
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13| for in any of the laws, and |
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14| b. all funds collected by the State Department of |
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15| Education for the issuance of certificates to |
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16| instructional, supervisory, and administrative |
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17| personnel in the public schools of the state shall be |
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18| deposited in the "Teachers' Certification Fund" in the |
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19| State Treasury and may be expended by the State Board |
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20| of Education to finance the activities of the State |
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21| Department of Education necessary to administer the |
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22| program, for consultative services, publication costs, |
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23| actual and necessary travel expenses as provided in |
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24| the State Travel Reimbursement Act incurred by persons |
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1| performing research work, and other expenses found |
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2| necessary by the State Board of Education for the |
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3| improvement of the preparation and certification of |
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4| teachers in this state. Provided, any unobligated |
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5| balance in the Teachers' Certification Fund in excess |
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6| of Ten Thousand Dollars ($10,000.00) on June 30 of any |
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7| fiscal year shall be transferred to the General |
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8| Revenue Fund of this state. Until July 1, 1997, the |
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9| State Board of Education shall have authority for |
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10| approval of teacher education programs. The State |
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11| Board of Education shall also have authority for the |
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12| administration of teacher residency and professional |
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13| development, subject to the provisions of the Oklahoma |
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14| Teacher Preparation Act; |
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15| 7. Promulgate rules governing the classification, inspection, |
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16|supervision, and accrediting of all public nursery, kindergarten, |
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17|elementary and secondary schools, and on-site educational services |
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18|provided by public school districts or state-accredited private |
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19|schools in partial hospitalization programs, day treatment programs, |
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20|and day hospital programs as defined in this act section, Section |
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21|3-104.7 of this title, and Section 603.4 of Title 10 of the Oklahoma |
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22|Statutes for persons between the ages of three (3) and twenty-one |
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23|(21) years of age in the state. However, no school shall be denied |
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24|accreditation solely on the basis of average daily attendance. |
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1| Any school district which maintains an elementary school and |
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2|faces the necessity of relocating its school facilities because of |
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3|construction of a lake, either by state or federal authority, which |
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4|will inundate the school facilities, shall be entitled to receive |
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5|probationary accreditation from the State Board of Education for a |
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6|period of five (5) years after June 12, 1975, and any school |
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7|district, otherwise qualified, shall be entitled to receive |
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8|probationary accreditation from the State Board of Education for a |
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9|period of two (2) consecutive years to attain the minimum average |
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10|daily attendance. The Head Start and public nurseries or |
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11|kindergartens operated from Community Action Agency community action |
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12|agency funds shall not be subjected to the accrediting rules of the |
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13|State Board of Education. Neither will the State Board of Education |
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14|make rules affecting the operation of the public nurseries and |
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15|kindergartens operated from federal funds secured through Community |
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16|Action Agencies community action agencies even though they may be |
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17|operating in the public schools of the state. However, any of the |
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18|Head Start or public nurseries or kindergartens operated under |
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19|federal regulations may make application for accrediting from the |
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20|State Board of Education but will be accredited only if application |
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21|for the approval of the programs is made. The status of no school |
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22|district shall be changed which will reduce it to a lower |
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23|classification until due notice has been given to the proper |
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24| |
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1|authorities thereof and an opportunity given to correct the |
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2|conditions which otherwise would be the cause of such reduction. |
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3| Private and parochial schools may be accredited and classified |
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4|in like manner as public schools or, if an accrediting association |
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5|is approved by the State Board of Education, by procedures |
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6|established by the State Board of Education to accept accreditation |
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7|by such accrediting association, if application is made to the State |
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8|Board of Education for such accrediting; |
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9| 8. Be the legal agent of this state to accept, in its |
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10|discretion, the provisions of any Act of Congress appropriating or |
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11|apportioning funds which are now, or may hereafter be, provided for |
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12|use in connection with any phase of the system of public education |
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13|in Oklahoma. It shall prescribe such rules as it finds necessary to |
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14|provide for the proper distribution of such funds in accordance with |
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15|the state and federal laws; |
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16| 9. Be and is specifically hereby designated as the agency of |
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17|this state to cooperate and deal with any officer, board, or |
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18|authority of the United States Government under any law of the |
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19|United States which may require or recommend cooperation with any |
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20|state board having charge of the administration of public schools |
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21|unless otherwise provided by law; |
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22| 10. Be and is hereby designated as the "State Educational |
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23|Agency" referred to in Public Law 396 of the 79th Congress of the |
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24|United States, which law states that the act may be cited as the |
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1|"National School Lunch Act", and the State Board of Education is |
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2|hereby authorized and directed to accept the terms and provisions of |
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3|the act and to enter into such agreements, not in conflict with the |
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4|Constitution of Oklahoma or the Constitution and Statutes of the |
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5|United States, as may be necessary or appropriate to secure for this |
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6|state the benefits of the school lunch program established and |
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7|referred to in the act; |
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8| 11. Have authority to secure and administer the benefits of the |
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9|National School Lunch Act, Public Law 396 of the 79th Congress of |
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10|the United States, in this state and is hereby authorized to employ |
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11|or appoint and fix the compensation of such additional officers or |
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12|employees and to incur such expenses as may be necessary for the |
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13|accomplishment of the above purpose, administer the distribution of |
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14|any state funds appropriated by the Legislature required as federal |
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15|matching to reimburse on children's meals; |
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16| 12. Accept and provide for the administration of any land, |
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17|money, buildings, gifts, donation, or other things of value which |
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18|may be offered or bequeathed to the schools under the supervision or |
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19|control of the Board; |
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20| 13. Have authority to require persons having administrative |
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21|control of all school districts in Oklahoma to make such regular and |
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22|special reports regarding the activities of the schools in the |
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23|districts as the Board may deem needful for the proper exercise of |
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24|its duties and functions. Such authority shall include the right of |
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1|the State Board of Education to withhold all state funds under its |
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2|control, to withhold official recognition including accrediting, |
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3|until such required reports have been filed and accepted in the |
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4|office of the Board and to revoke the certificates of persons |
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5|failing or refusing to make such reports; |
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6| 14. Have general supervision of the school lunch program. The |
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7|State Board of Education may sponsor workshops for personnel and |
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8|participants in the school lunch program and may develop, print, and |
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9|distribute free of charge or sell any materials, books, and |
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10|bulletins to be used in the school lunch programs. There is hereby |
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11|created in the State Treasury a revolving fund for the Board, to be |
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12|designated the School Lunch Workshop Revolving Fund "School Lunch |
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13|Workshop Revolving Fund". The fund shall consist of all fees |
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14|derived from or on behalf of any participant in any such workshop |
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15|sponsored by the State Board of Education, or from the sale of any |
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16|materials, books, and bulletins, and funds shall be disbursed for |
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17|expenses of such workshops and for developing, printing, and |
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18|distributing of the materials, books, and bulletins relating to the |
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19|school lunch program. The fund shall be administered in accordance |
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20|with Section 155 of Title 62 of the Oklahoma Statutes; |
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21| 15. Prescribe all forms for school district and county officers |
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22|to report to the State Board of Education where required. The State |
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23|Board of Education shall also prescribe a list of appropriation |
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24|accounts by which the funds of school districts shall be budgeted, |
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1|accounted for, and expended; and it shall be the duty of the State |
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2|Auditor and Inspector in prescribing all budgeting, accounting, and |
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3|reporting forms for school funds to conform to such lists; |
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4| 16. Provide for the establishment of a uniform system of pupil |
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5|and personnel accounting, records, and reports; |
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6| 17. Have authority to provide for the health and safety of |
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7|school children and school personnel while under the jurisdiction of |
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8|school authorities; |
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9| 18. Provide for the supervision of the transportation of |
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10|pupils; |
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11| 19. Have authority, upon request of the local school board, to |
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12|act in behalf of the public schools of the state in the purchase of |
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13|transportation equipment; |
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14| 20. Have authority and is hereby required to perform all duties |
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15|necessary to the administration of the public school system in |
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16|Oklahoma as specified in the Oklahoma School Code; and, in addition |
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17|thereto, those duties not specifically mentioned herein if not |
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18|delegated by law to any other agency or official; |
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19| 21. Administer the State Public Common School Building |
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20|Equalization Fund established by Section 32 of Article X of the |
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21|Oklahoma Constitution. Any monies as may be appropriated or |
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22|designated by the Legislature, other than ad valorem taxes, any |
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23|other funds identified by the State Department of Education, which |
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24|may include, but not be limited to, grants-in-aid from the federal |
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1|government for building purposes, the proceeds of all property that |
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2|shall fall to the state by escheat, penalties for unlawful holding |
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3|of real estate by corporations, and capital gains on assets of the |
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4|permanent school funds, shall be deposited in the State Public |
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5|Common School Building Equalization Fund. The fund shall be used to |
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6|aid school districts and charter schools in acquiring buildings, |
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7|subject to the limitations fixed by Section 32 of Article X of the |
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8|Oklahoma Constitution. It is hereby declared that the term |
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9|"acquiring buildings" as used in Section 32 of Article X of the |
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10|Oklahoma Constitution shall mean acquiring or improving school |
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11|sites, constructing, repairing, remodeling, or equipping buildings, |
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12|or acquiring school furniture, fixtures, or equipment redbud school |
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13|grants disbursed from the State Public Common School Building |
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14|Equalization Fund shall be used for the same purposes as a building |
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15|fund, as provided for in Section 1-118 of this title. It is hereby |
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16|declared that the term "school districts" as used in Section 32 of |
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17|Article X of the Oklahoma Constitution shall mean school districts |
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18|and eligible charter schools as defined in subsection B of this |
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19|section. The State Board of Education shall disburse redbud school |
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20|grants annually from the State Public Common School Building |
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21|Equalization Fund to public schools and eligible charter schools |
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22|pursuant to subsection B of this section. The Board shall |
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23|promulgate rules for the implementation of disbursing redbud school |
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24|grants pursuant to this section. The State Board of Education shall |
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1|prescribe rules for making grants of aid from, and for otherwise |
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2|administering, the fund pursuant to the provisions of this |
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3|paragraph, and may employ and fix the duties and compensation of |
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4|technicians, aides, clerks, stenographers, attorneys, and other |
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5|personnel deemed necessary to carry out the provisions of this |
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6|paragraph. The cost of administering the fund shall be paid from |
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7|monies appropriated to the State Board of Education for the |
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8|operation of the State Department of Education. From monies |
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9|apportioned to the fund, the State Department of Education may |
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10|reserve not more than one-half of one percent (1/2 of 1%) for |
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11|purposes of administering the fund; |
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12| 22. Recognize that the Director of the Department of |
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13|Corrections shall be the administrative authority for the schools |
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14|which are maintained in the state reformatories and shall appoint |
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15|the principals and teachers in such schools. Provided, that rules |
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16|of the State Board of Education for the classification, inspection, |
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17|and accreditation of public schools shall be applicable to such |
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18|schools; and such schools shall comply with standards set by the |
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19|State Board of Education; and |
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20| 23. Have authority to administer a revolving fund which is |
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21|hereby created in the State Treasury, to be designated the |
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22|Statistical Services Revolving Fund "Statistical Services Revolving |
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23|Fund". The fund shall consist of all monies received from the |
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24|various school districts of the state, the United States Government, |
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1|and other sources for the purpose of furnishing or financing |
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2|statistical services and for any other purpose as designated by the |
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3|Legislature. The State Board of Education is hereby authorized to |
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4|enter into agreements with school districts, municipalities, the |
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5|United States Government, foundations, and other agencies or |
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6|individuals for services, programs, or research projects. The |
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7|Statistical Services Revolving Fund shall be administered in |
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8|accordance with Section 155 of Title 62 of the Oklahoma Statutes. |
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9| B. 1. The redbud school grants shall be determined by the |
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10|State Department of Education as follows: |
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11| a. divide the county four-mill levy revenue by four to |
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12| determine the nonchargeable county four-mill revenue |
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13| for each school district, |
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14| b. determine the amount of new revenue generated by the |
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15| five-mill building fund levy as authorized by Section |
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16| 10 of Article X of the Oklahoma Constitution for each |
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17| school district as reported in the Oklahoma Cost |
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18| Accounting System for the preceding fiscal year, |
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19| c. add the amounts calculated in subparagraphs a and b |
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20| of this paragraph to determine the nonchargeable |
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21| millage for each school district, |
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22| d. add the nonchargeable millage in each district |
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23| statewide as calculated in subparagraph c of this |
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24| paragraph and divide the total by the average daily |
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1| membership in public schools statewide based on the |
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2| preceding school year's average daily membership, |
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3| according to the provisions of Section 18-107 of this |
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4| title. This amount is the statewide nonchargeable |
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5| millage per student, known as the baseline local |
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6| funding per student, |
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7| e. all eligible charter schools shall be included in |
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8| these calculations as unique school districts, |
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9| separate from the school district that may sponsor the |
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10| eligible charter school, and the total number of |
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11| districts shall be used to determine the statewide |
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12| average baseline local funding per student, |
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13| f. for each school district or eligible charter school |
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14| which is below the baseline local funding per student, |
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15| the Department shall subtract the baseline local |
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16| funding per student from the average nonchargeable |
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17| millage per student of the school district or eligible |
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18| charter school to determine the nonchargeable millage |
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19| per student shortfall for each district, and |
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20| g. the nonchargeable millage per student shortfall for a |
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21| school district or eligible charter school shall be |
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22| multiplied by the average daily membership of the |
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23| preceding school year of the eligible school district |
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24| or eligible charter school. This amount shall be the |
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1| redbud school grant amount for the school district or |
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2| eligible charter school. |
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3| 2. For fiscal year 2022, monies for the redbud school grants |
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4|shall be expended from the funds apportioned pursuant to Section 426 |
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5|of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each |
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6|subsequent fiscal year, monies for the redbud school grants shall be |
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7|appropriated pursuant to Section 426 of Title 63 of the Oklahoma |
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8|Statutes, not to exceed three-fourths (3/4) of the tax collected in |
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9|the preceding fiscal year pursuant to Section 426 of Title 63 of the |
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10|Oklahoma Statutes as determined by the Oklahoma Tax Commission. For |
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11|fiscal year 2023 and each subsequent fiscal year, if such |
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12|appropriated funds are insufficient to fund the redbud school |
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13|grants, then an additional apportionment of funds shall be made from |
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14|sales tax collections as provided by subsection D of Section 1353 of |
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15|Title 68 of the Oklahoma Statutes. If both funds are insufficient, |
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16|the Department shall promulgate rules to permit a decrease to the |
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17|baseline local funding per student to the highest amount allowed |
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18|with the funding available. |
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19| 3. As used in this section, "eligible charter school" shall |
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20|mean a charter school which is sponsored pursuant to the provisions |
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21|of the Oklahoma Charter Schools Act. Provided, however, "eligible |
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22|charter school" eligible charter school shall not include a |
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23|statewide virtual charter school sponsored by the Statewide Charter |
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24|School Board but shall only include those which provide in-person or |
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1|blended instruction, as provided by Section 1-111 of this title, to |
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2|not less than two-thirds (2/3) of students as the primary means of |
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3|instructional service delivery. |
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4| 4. The Department shall develop a program to acknowledge the |
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5|redbud school grant recipients and shall include elected members of |
| |
6|the House of Representatives and Senate who represent the school |
| |
7|districts and eligible charter schools. |
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8| 5. The Department shall create a dedicated page on its website |
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9|listing annual redbud school grant recipients, amount awarded to |
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10|each recipient, and other pertinent information about the Redbud |
| |
11|School Funding Act. |
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12| 6. The Department shall provide the chair of the House |
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13|Appropriations and Budget Committee and the chair of the Senate |
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14|Appropriations Committee no later than February 1 of each year with |
| |
15|an estimate of the upcoming year's redbud school grant allocation as |
| |
16|prescribed by this section. |
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17| SECTION 3. REPEALER 70 O.S. 2021, Section 3-104, as |
| |
18|amended by Section 1, Chapter 290, O.S.L. 2023, is hereby repealed. |
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19| SECTION 4. This act shall become effective July 1, 2024. |
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20| SECTION 5. It being immediately necessary for the preservation |
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21|of the public peace, health, or safety, an emergency is hereby |
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22|declared to exist, by reason whereof this act shall take effect and |
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23|be in full force from and after its passage and approval." |
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24| |
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1| Passed the House of Representatives the 24th day of April, 2024. |
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2| |
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3| |
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4| Presiding Officer of the House of |
| Representatives |
5| |
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6| Passed the Senate the ____ day of __________, 2024. |
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7| |
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8| |
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9| Presiding Officer of the Senate |
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10| |
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11| |
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12| |
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13| |
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14| |
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15| |
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16| |
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17| |
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18| |
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19| |
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20| |
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21| |
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