1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 237 By: Prieto |
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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 boards of education; amending 70 |
| O.S. 2021, Sections 5-107A and 5-107B, which relate |
8| to board membership and election procedures; updating |
| statutory references; modifying term of office of |
9| board of education members and chair; clarifying |
| applicability to current board members and chair; |
10| amending 70 O.S. 2021, Section 14-110, which relates |
| to technology center school district boards of |
11| education; modifying term of office of board members; |
| clarifying applicability to current board members; |
12| providing an effective date; and declaring an |
| emergency. |
13| |
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14| |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-107A, is |
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17|amended to read as follows: |
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18| Section 5-107A. The following provisions and the provisions of |
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19|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall |
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20|govern the election of members of the board of education for a |
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21|school district: |
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22| A. For purposes of this section, temporary positions added to a |
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23|board of education pursuant to Section 7-101 or 7-105 of this title |
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24|and the chair of the board of education elected pursuant to Section |
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1|1 Section 5-107B of this act title shall not be considered in |
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2|determining the size of the board. The number and term of each |
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3|board of education shall be as follows: |
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4| District Members Term (Years) |
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5| |
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6| Elementary 3 3 |
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7| Independent |
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8| 1. Districts having a |
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9| five-member board 5 5 3 |
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10| |
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11| 2. Districts having a |
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12| seven-member board unless |
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13| an election is conducted |
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14| pursuant to subsection C of |
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15| this section 7 4 3 |
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16| The term of office of a board of education member elected |
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17|pursuant to the provisions of this section after the effective date |
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18|of this act shall be three (3) years. Persons currently serving as |
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19|a board of education member on the effective date of this act may |
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20|complete the term for which they were previously elected. |
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21| B. In all school districts, the members of the board of |
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22|education shall be elected as follows: |
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23| 1. a. Between August 1 and December 31 of the year following |
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24| the submission by the United States Department of |
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1| Commerce to the President of the United States of the |
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2| official Federal Decennial Census, the board of |
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3| education shall reapportion the territory of the |
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4| school district into board districts. Beginning with |
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5| the reapportionment following the 1990 Federal |
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6| Decennial Census, all boundaries of board districts |
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7| shall follow clearly visible, definable, and |
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8| observable physical boundaries which are based upon |
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9| criteria established and recognized by the Bureau of |
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10| the Census of the United States Department of Commerce |
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11| for purposes of defining census blocks for its |
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12| decennial census and shall follow, as much as is |
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13| possible, precinct boundaries. Board districts shall |
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14| be compact, contiguous and shall be as equal in |
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15| population as practical with not more than a ten |
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16| percent (10%) variance between the most populous and |
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17| least populous board districts. |
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18| b. School districts having fewer than one thousand eight |
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19| hundred (1,800) students in average daily membership |
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20| during the preceding school year may choose not to |
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21| establish board districts and may nominate and elect |
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22| all board members at large. |
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23| c. Elementary school districts shall have board members |
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24| elected at large. |
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1| d. A city located in an independent school district |
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2| having four or more wards and an outlying area with |
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3| such outlying area comprising no more than twenty |
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4| percent (20%) of the population of such independent |
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5| school district, then such independent school district |
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6| may adopt such wards and outlying area in lieu of the |
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7| board districts provided for in subparagraph a of this |
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8| paragraph, and at least one member of the board of |
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9| education of such independent school district shall be |
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10| a member of each ward; and |
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11| 2. One member of the board of education shall be elected by the |
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12|electors of the school district to represent each such board |
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13|district. Provided, however, that in any school district where the |
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14|electors of each board district, rather than the electors of the |
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15|entire school district, elect board members to represent that board |
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16|district, that district shall elect board members in that manner. |
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17| If during the term of office to which a person was elected, that |
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18|member ceases to be a resident of the board district for which the |
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19|person was elected, the office shall become vacant and such vacancy |
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20|shall be filled as provided in Section 13A-110 of Title 26 of the |
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21|Oklahoma Statutes; and |
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22| 3. In a school district having more than ten thousand (10,000) |
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23|children in average daily membership, the following provision and |
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24|the provisions of Section 13A-101 et seq. of Title 26 of the |
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1|Oklahoma Statutes shall control as to election of the members of the |
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2|school district's board of education: |
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3| a. There shall be held an election in which the electors |
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4| of each board district in which a term is expiring or |
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5| in which a vacancy exists shall select two candidates |
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6| from among the candidates for board member to |
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7| represent the board district, |
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8| b. If, in the election, one candidate has a majority of |
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9| all votes cast, then a run-off election is not |
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10| required. If no candidate receives a majority of all |
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11| votes cast, then the two candidates receiving the |
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12| greatest number of votes shall become the candidates |
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13| for the board district in the general election, and |
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14| c. At the run-off election, all of the electors of the |
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15| board district shall select one of the two candidates |
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16| as the member of the board of education representing |
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17| the board district. |
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18| C. Any seven-member board shall have the option of reducing its |
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19|board to a five-member board either after approval of a board |
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20|resolution or a vote of the electors of the school district to take |
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21|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma |
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22|Statutes. The election pursuant to a vote of the electors of the |
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23|school district shall be called upon the submission of a petition |
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24|requesting the election signed by ten percent (10%) of the school |
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1|district electors in the school district, the percentage being |
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2|applied to the highest number of voters voting in a regular school |
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3|district election in the district in the preceding five (5) years as |
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4|determined by the secretary of the county election board, who shall |
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5|certify the adequacy of the number of signatures on the petition. |
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6|If the question is put before the voters of the district, such |
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7|election shall be held along with and at the same time and place as |
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8|the next school election if all requirements of Section 13A-101 et |
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9|seq. of Title 26 of the Oklahoma Statutes for such election are met. |
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10| After such resolution or election, the board shall reapportion |
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11|the district, determining by resolution or by lot which board member |
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12|offices shall be abolished at the end of the current board member's |
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13|term and which shall become one of the offices of the new board. |
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14| Election of the resulting board members shall be carried out |
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15|according to procedures stated in this section and Section 13A-101 |
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16|et seq. of Title 26 of the Oklahoma Statutes. |
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17| School board members currently serving in offices abolished |
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18|pursuant to this subsection shall continue serving until the end of |
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19|their current terms as at-large members. |
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20| D. Except for the chair of the board of education elected |
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21|pursuant to Section 1 Section 5-107B of this act title, offices of |
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22|members of the board of education shall be designated by consecutive |
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23|numbers and shall correspond with board districts when applicable. |
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24| |
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1| E. Except for those members elected prior to July 1, 1992, the |
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2|terms of office of the members of a five-member board of education |
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3|shall commence on the first regular, special, or emergency school |
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4|board meeting after the date of the annual school election and after |
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5|the member has been certified as elected: |
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6| Office No. 1 1991 |
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7| Office No. 2 1992 |
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8| Office No. 3 1993 |
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9| Office No. 4 1994 |
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10| Office No. 5 1995 |
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11| The terms of office of the members of a seven-member board of |
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12|education shall be staggered, with one member being elected in 1991, |
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13|two members being elected in 1992, two members being elected in |
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14|1993, and two members being elected in 1994 and shall commence on |
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15|the first regular, special, or emergency school board meeting after |
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16|the date of the annual school election and after the member has been |
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17|certified as elected; provided, in districts needing to elect two |
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18|members in 1991 to maintain a full complement of board members, two |
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19|members shall be elected in 1991, one for a full term and one for a |
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20|one-year term, as determined by the local board. If a seven-member |
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21|board is formed upon consolidation pursuant to Section 7-105 of this |
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22|title, or upon annexation pursuant to Section 7-101 of this title, |
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23|the formation agreement shall specify initial short terms as |
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24| |
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1|necessary to extend until the beginning of the regular terms for |
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2|seven-member boards established herein. |
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3| Upon reduction of a seven-member board pursuant to subsection C |
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4|of this section, the terms of the five-member board shall be |
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5|staggered pursuant to this subsection. |
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6| One member of a three-member board of education shall be elected |
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7|each year, and the terms of office shall commence on the first |
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8|regular, special, or emergency school board meeting after the member |
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9|has been certified as elected. |
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10| F. The term of office of each board member elected after July |
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11|1, 1992, shall commence on the first regular, special, or emergency |
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12|school board meeting after the date of the annual school election |
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13|and after the member has been certified as elected. Board members |
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14|elected prior to July 1, 1992, may remain in office until their |
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15|successor is elected and seated pursuant to Sections 13A-101 through |
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16|13A-111 of Title 26 of the Oklahoma Statutes. The remaining term of |
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17|any member who completes the term for which the member was elected |
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18|but not wishing to serve until the successor of the member takes |
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19|office on the first regular, special, or emergency school board |
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20|meeting after the successor has been certified as elected, shall be |
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21|filled by appointment by the remaining members of the board of |
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22|education. |
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23| SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-107B, is |
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24|amended to read as follows: |
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1| Section 5-107B. A. The board of education of a district with |
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2|an average daily membership (ADM) of more than thirty thousand |
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3|(30,000) students may be expanded to add a member who shall be |
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4|elected at large for a term of four (4) three (3) years and who |
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5|shall serve as chair of the board. The term of office of a board |
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6|chair elected pursuant to the provisions of this subsection after |
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7|the effective date of this act shall be three (3) years. Persons |
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8|currently serving as a board chair on the effective date of this act |
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9|may complete the term for which they were previously elected. The |
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10|chair of the board position may be added upon a majority vote of the |
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11|district board of education to add the position. If the board opts |
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12|to add the chair of the board position, the chair of the board shall |
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13|be elected at the next regular election of board members, held |
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14|pursuant to Section 13A-103 of Title 26 of the Oklahoma Statutes, |
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15|following the decision of the board. |
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16| B. The chair of the board of education shall possess the same |
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17|qualifications as required for other board members, shall assume |
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18|office as provided for other members of the board of education, |
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19|shall be a full, voting member of the board, and shall count for |
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20|purposes of a quorum or a majority, or other requirements based on |
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21|number of members on the board. The chair shall preside at all |
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22|meetings of the board of education in accordance with rules of |
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23|parliamentary procedure which have been adopted by a majority vote |
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24|of the board, provided that, in the absence of rules adopted by the |
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1|board, the chair shall determine and set forth the rules of |
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2|parliamentary procedure that shall apply at board meetings; assemble |
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3|and control the agenda for board meetings, provided that, upon |
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4|approval of a majority of the members of the board, an item shall be |
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5|placed on the agenda for the same or a subsequent meeting, in |
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6|accordance with the Oklahoma Open Meeting Act; appoint all |
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7|committees whose appointment is not otherwise provided for by law; |
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8|and shall sign all warrants ordered by the board of education to be |
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9|drawn upon the treasurer for school money. The chair of the board |
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10|shall possess all powers otherwise provided by law for a member of a |
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11|board of education, all powers provided by law for the president of |
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12|a board of education, and such other lawful powers as may be |
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13|conferred upon the chair by majority vote of the board. The chair |
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14|shall receive compensation and benefits as conferred upon other |
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15|members of the district board of education. |
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16| C. For a district in which a chair of the board has been |
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17|elected, the district board of education, during the meeting at |
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18|which the chair of the board assumes office, shall elect a |
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19|vice-chair vice chair who shall serve a one-year term and until a |
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20|successor is elected and qualified. The vice-chair vice chair shall |
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21|perform all duties of the chair of the board in case of the chair's |
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22|absence or disability. The board shall also elect clerks and |
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23|deputies as provided in Section 5-119 of this title. The board |
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24|shall not elect a president or vice president. |
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1| D. If a district board of education is expanded to include the |
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2|chair of the board position, the chair of the board position shall |
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3|not be abolished except by a majority vote of the voters of the |
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4|school district voting on such question at a special election called |
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5|for that purpose. The question may be presented only upon a |
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6|resolution adopted by three-fourths (3/4) of the board membership or |
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7|upon petition for an election on the question, that complies with |
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8|the requirements for petition and election set forth in Section |
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9|7-101 of this title. If the question is approved, the chair of the |
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10|board position shall be abolished at the end of the term of the |
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11|chair who holds the office when the election is held or upon the |
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12|chair's resignation or vacancy of the office following the election |
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13|on the question. |
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14| SECTION 3. AMENDATORY 70 O.S. 2021, Section 14-110, is |
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15|amended to read as follows: |
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16| Section 14-110. A. If the territory comprising an independent |
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17|school district has been established by the State Board of Career |
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18|and Technology Education as a technology center school district, and |
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19|the boundaries of each are coterminous, the board of education of |
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20|the technology center school district shall be separate from the |
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21|board of education of the independent school district and no member |
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22|of either board shall be eligible to serve on the other. |
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23| B. Existing boards of education of technology center school |
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24|districts which are comprised of members of the board of education |
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1|of an independent school district with coterminous boundaries shall |
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2|be dissolved by the State Board of Career and Technology Education, |
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3|and the offices of the members of such boards shall become vacant on |
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4|the first Monday in June, 1982. The State Board of Career and |
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5|Technology Education shall establish election districts for such a |
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6|the technology center school district which shall have boundaries |
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7|coterminous with the election districts of the independent school |
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8|district and which shall be numbered identically to the election |
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9|districts of the independent school district. |
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10| C. A separate board of education shall be created for such a |
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11|the technology center school district and its members elected in the |
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12|manner prescribed by the rules of the State Board of Career and |
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13|Technology Education except as hereafter provided: |
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14| 1. The Governor shall appoint members to those offices of the |
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15|board of education of such a technology center school district which |
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16|will become vacant on the first Monday in June, 1982, to staggered |
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17|terms as follows: |
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18| a. two members shall be appointed to a term of one |
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19| (1) year. Each of these offices shall become vacant |
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20| on the first Monday in June, 1983, |
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21| b. two members shall be appointed to a term of two |
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22| (2) years. Each of these offices shall become vacant |
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23| on the first Monday in June, 1984, |
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24| |
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1| c. two members shall be appointed to a term of |
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2| three (3) years. Each of these offices shall become |
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3| vacant on the first Monday in June, 1985, and |
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4| d. one member shall be appointed to a term of four |
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5| (4) years. This office shall become vacant on the |
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6| first Monday in June, 1986; |
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7| 2. Upon the expiration of the term of an office of the board of |
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8|education of a technology center school district prior to the |
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9|expiration of the term of an office of the board of education of the |
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10|independent school district in a coterminous election district, the |
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11|Governor shall appoint a board member to the office of the |
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12|technology center school district for the number of years necessary |
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13|to establish a coterminous term between the board members of the |
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14|technology center school board and the independent school district |
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15|in the coterminous election district; |
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16| 3. Thereafter, as the office of each member appointed to the |
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17|board of education of the technology center school district becomes |
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18|vacant, it shall be filled by a member elected as prescribed by the |
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19|rules of the State Board of Career and Technology Education except |
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20|as herein provided; |
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21| 4. Elections of members to the board of education of the |
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22|technology center school district shall be held on the same day as |
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23|elections are held for election of members to the independent school |
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24|district; |
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1| 5. One member shall be elected from each election district by |
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2|the voters of that election district; and |
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3| 6. The term of office of each member elected to the board of |
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4|education of the technology center school district shall be four (4) |
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5|three (3) years. The term of office of a technology center school |
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6|district board of education member elected pursuant to the |
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7|provisions of this section after the effective date of this act |
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8|shall be three (3) years. Persons currently serving as a technology |
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9|center school district board of education member on the effective |
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10|date of this act may complete the term for which they were |
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11|previously elected. |
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12| SECTION 4. This act shall become effective July 1, 2023. |
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13| SECTION 5. It being immediately necessary for the preservation |
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14|of the public peace, health, or safety, an emergency is hereby |
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15|declared to exist, by reason whereof this act shall take effect and |
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16|be in full force from and after its passage and approval. |
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18| 59-1-665 EB 1/10/2023 12:51:15 PM |
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