Bill Text For SB0329 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 21, 2023                            |
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 3|SENATE BILL NO. 329                  By: Bergstrom                     |
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 6|       An Act relating to school finance; amending 70 O.S.             |
  |       2021, Section 3-104, which relates to powers and                |
 7|       duties of the State Board of Education; updating                |
  |       statutory language; modifying language regarding the            |
 8|       Board's duty regarding federal funds and programs;              |
  |       clarifying that a school district board of education            |
 9|       or any educational agency may make direct application           |
  |       for certain federal funds; updating statutory                   |
10|       references; amending 70 O.S. 2021, Section 13-107,              |
  |       which relates to acceptance of certain federal funds;           |
11|       clarifying that a school district board of education            |
  |       or any educational agency may make direct application           |
12|       for certain federal funds; amending 70 O.S. 2021,               |
  |       Section 18-104, which relates to the purpose of                 |
13|       certain federal funds; updating statutory language;             |
  |       adding reference to certain funds received directly             |
14|       by a school district; allowing a school district                |
  |       board of education to apply for, receive, and expend            |
15|       certain federal funds beginning on certain date;                |
  |       directing certain transactions to be reported using             |
16|       certain system; directing the State Department of               |
  |       Education to review certain audit report and notify             |
17|       certain administrator of deficiencies; directing                |
  |       certain action to be filed with certain audit report;           |
18|       providing for codification; and providing an                    |
  |       effective date.                                                 |
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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 3-104, is      |
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23|amended to read as follows:                                            |
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 1|    Section 3-104.  A.  The supervision of the public school system    |
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 2|of Oklahoma shall be vested in the State Board of Education and,       |
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 3|subject to limitations otherwise provided by law, the State Board of   |
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 4|Education shall:                                                       |
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 5|    1.  Adopt policies and make rules for the operation of the         |
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 6|public school system of the state;                                     |
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 7|    2.  Appoint, prescribe the duties, and fix the compensation of a   |
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 8|secretary, an attorney, and all other personnel necessary for the      |
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 9|proper performance of the functions of the State Board of Education.   |
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10| The secretary shall not be a member of the Board;                     |
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11|    3.  Submit to the Governor a departmental budget based upon        |
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12|major functions of the Department as prepared by the State             |
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13|Superintendent of Public Instruction and supported by detailed data    |
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14|on needs and proposed operations as partially determined by the        |
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15|budgetary needs of local school districts filed with the State Board   |
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16|of Education for the ensuing fiscal year.  Appropriations therefor     |
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17|shall be made in lump-sum form for each major item in the budget as    |
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18|follows:                                                               |
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19|         a.   State Aid to schools,                                    |
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20|         b.   the supervision of all other functions of general and    |
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21|              special education including general control, free        |
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22|              textbooks, school lunch, Indian education, and all       |
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23|              other functions of the Board and an amount sufficient    |
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24|              to adequately staff and administer these services, and   |
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 1|         c.   the Board shall determine the details by which the       |
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 2|              budget and the appropriations are administered.          |
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 3|              Annually, the Board shall make preparations to           |
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 4|              consolidate all of the functions of the Department in    |
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 5|              such a way that the budget can be based on two items,    |
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 6|              administration and aid to schools.  A maximum amount     |
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 7|              for administration shall be designated as a part of      |
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 8|              the total appropriation;                                 |
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 9|    4.  On the first day of December preceding each regular session    |
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10|of the Legislature, prepare and deliver to the Governor and the        |
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11|Legislature a report for the year ending June 30 immediately           |
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12|preceding the regular session of the Legislature.  The report shall    |
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13|contain:                                                               |
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14|         a.   detailed statistics and other information concerning     |
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15|              enrollment, attendance, expenditures including State     |
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16|              Aid, and other pertinent data for all public schools     |
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17|              in this state,                                           |
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18|         b.   reports from each and every division within the State    |
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19|              Department of Education as submitted by the State        |
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20|              Superintendent of Public Instruction and any other       |
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21|              division, department, institution, or other agency       |
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22|              under the supervision of the Board,                      |
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23|         c.   recommendations for the improvement of the public        |
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24|              school system of the state,                              |
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 1|         d.   a statement of the receipts and expenditures of the      |
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 2|              State Board of Education for the past year, and          |
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 3|         e.   a statement of plans and recommendations for the         |
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 4|              management and improvement of public schools and such    |
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 5|              other information relating to the educational            |
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 6|              interests of the state as may be deemed necessary and    |
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 7|              desirable;                                               |
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 8|    5.  Provide for the formulation and adoption of curricula,         |
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 9|courses of study, and other instructional aids necessary for the       |
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10|adequate instruction of pupils in the public schools;                  |
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11|    6.  Have authority in matters pertaining to the licensure and      |
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12|certification of persons for instructional, supervisory, and           |
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13|administrative positions and services in the public schools of the     |
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14|state subject to the provisions of Section 6-184 of this title, and    |
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15|shall formulate rules governing the issuance and revocation of         |
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16|certificates for superintendents of schools, principals,               |
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17|supervisors, librarians, clerical employees, school nurses, school     |
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18|bus drivers, visiting teachers, classroom teachers, and for other      |
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19|personnel performing instructional, administrative, and supervisory    |
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20|services, but not including members of boards of education and other   |
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21|employees who do not work directly with pupils, and may charge and     |
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22|collect reasonable fees for the issuance of such certificates:         |
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23|         a.   the State Department of Education shall not issue a      |
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24|              certificate to and shall revoke the certificate of any   |
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 1|              person who has been convicted, whether upon a verdict    |
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 2|              or plea of guilty or upon a plea of nolo contendere,     |
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 3|              or received a suspended sentence or any probationary     |
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 4|              term for a crime or an attempt to commit a crime         |
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 5|              provided for in Section 843.5 of Title 21 of the         |
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 6|              Oklahoma Statutes if the offense involved sexual abuse   |
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 7|              or sexual exploitation as those terms are defined in     |
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 8|              Section 1-1-105 of Title 10A of the Oklahoma Statutes,   |
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 9|              Section 741, 843.1, if the offense included sexual       |
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10|              abuse or sexual exploitation, 865 et seq., 885, 888,     |
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11|              891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,         |
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12|              1111.1, 1114 or 1123 of Title 21 of the Oklahoma         |
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13|              Statutes or who enters this state and who has been       |
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14|              convicted, received a suspended sentence, or received    |
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15|              a deferred judgment for a crime or attempted crime       |
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16|              which, if committed or attempted in this state, would    |
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17|              be a crime or an attempt to commit a crime provided      |
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18|              for in any of said the laws,                             |
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19|         b.   all funds collected by the State Department of           |
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20|              Education for the issuance of certificates to            |
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21|              instructional, supervisory, and administrative           |
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22|              personnel in the public schools of the state shall be    |
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23|              deposited in the "Teachers' Certificate Fund" in the     |
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24|              State Treasury and may be expended by the State Board    |
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 1|              of Education to finance the activities of the State      |
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 2|              Department of Education necessary to administer the      |
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 3|              program, for consultative services, publication costs,   |
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 4|              actual and necessary travel expenses as provided in      |
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 5|              the State Travel Reimbursement Act incurred by persons   |
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 6|              performing research work, and other expenses found       |
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 7|              necessary by the State Board of Education for the        |
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 8|              improvement of the preparation and certification of      |
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 9|              teachers in Oklahoma.  Provided, any unobligated         |
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10|              balance in the Teachers' Certificate Fund in excess of   |
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11|              Ten Thousand Dollars ($10,000.00) on June 30 of any      |
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12|              fiscal year shall be transferred to the General          |
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13|              Revenue Fund of the State of Oklahoma this state.        |
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14|              Until July 1, 1997, the State Board of Education shall   |
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15|              have authority for approval of teacher education         |
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16|              programs.  The State Board of Education shall also       |
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17|              have authority for the administration of teacher         |
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18|              residency and professional development, subject to the   |
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19|              provisions of the Oklahoma Teacher Preparation Act;      |
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20|    7.  Promulgate rules governing the classification, inspection,     |
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21|supervision, and accrediting of all public nursery, kindergarten,      |
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22|elementary and secondary schools, and on-site educational services     |
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23|provided by public school districts or state-accredited private        |
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24|schools in partial hospitalization programs, day treatment programs,   |
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 1|and day hospital programs as defined in this act for persons between   |
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 2|the ages of three (3) and twenty-one (21) years of age in the state.   |
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 3| However, no school shall be denied accreditation solely on the        |
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 4|basis of average daily attendance.                                     |
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 5|    Any school district which maintains an elementary school and       |
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 6|faces the necessity of relocating its school facilities because of     |
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 7|construction of a lake, either by state or federal authority, which    |
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 8|will inundate the school facilities, shall be entitled to receive      |
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 9|probationary accreditation from the State Board of Education for a     |
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10|period of five (5) years after the effective date of this act June     |
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11|12, 1975, and any school district, otherwise qualified, shall be       |
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12|entitled to receive probationary accreditation from the State Board    |
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13|of Education for a period of two (2) consecutive years to attain the   |
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14|minimum average daily attendance.  The Head Start and public           |
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15|nurseries or kindergartens operated from Community Action Program      |
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16|funds shall not be subjected to the accrediting rules of the State     |
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17|Board of Education.  Neither will the State Board of Education make    |
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18|rules affecting the operation of the public nurseries and              |
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19|kindergartens operated from federal funds secured through Community    |
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20|Action Programs even though they may be operating in the public        |
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21|schools of the state.  However, any of the Head Start or public        |
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22|nurseries or kindergartens operated under federal regulations may      |
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23|make application for accrediting from the State Board of Education     |
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24|but will be accredited only if application for the approval of the     |
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 1|programs is made.  The status of no school district shall be changed   |
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 2|which will reduce it to a lower classification until due notice has    |
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 3|been given to the proper authorities thereof and an opportunity        |
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 4|given to correct the conditions which otherwise would be the cause     |
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 5|of such reduction.                                                     |
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 6|    Private and parochial schools may be accredited and classified     |
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 7|in like manner as public schools or, if an accrediting association     |
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 8|is approved by the State Board of Education, by procedures             |
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 9|established by the State Board of Education to accept accreditation    |
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10|by such accrediting association, if application is made to the State   |
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11|Board of Education for such accrediting;                               |
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12|    8.  Be the legal agent of the State of Oklahoma to accept, in      |
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13|its discretion, the provisions of any Act of Congress appropriating    |
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14|or apportioning funds which are now, or may hereafter be, provided     |
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15|for use in connection with any phase of the system of public           |
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16|education in Oklahoma.  It shall prescribe such rules as it finds      |
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17|necessary to provide for the proper distribution of such funds in      |
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18|accordance with the state and federal laws Be the "state education     |
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19|agency" in the event the designation of a state education agency is    |
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20|required by federal laws which make available federal funds for        |
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21|educational purposes.  The Board shall be the agency through which     |
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22|applications, reports, agreements, and federal funds are to be         |
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23|channeled, and the Board is hereby authorized and empowered to do      |
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24|all things necessary to comply with and carry out any such federal     |
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 1|law or the rules and regulations promulgated thereunder by the         |
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 2|federal government or any agency thereof.  Provided, however,          |
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 3|nothing in this paragraph shall be construed as preventing any         |
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 4|school district board of education or any educational agency of this   |
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 5|state from making direct applications for or receiving directly        |
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 6|federal funds made available for educational purposes in those cases   |
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 7|where federal law permits direct applications for and receipt of       |
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 8|federal funds by any school district board of education or             |
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 9|educational agency of this state;                                      |
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10|    9.  Be and is specifically hereby designated as the agency of      |
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11|this state to cooperate and deal with any officer, board, or           |
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12|authority of the United States Government under any law of the         |
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13|United States which may require or recommend cooperation with any      |
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14|state board having charge of the administration of public schools      |
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15|unless otherwise provided by law;                                      |
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16|    10.  Be and is hereby designated as the "State Educational         |
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17|Agency" referred to in Public Law 396 of the 79th Congress of the      |
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18|United States, which law states that said the act may be cited as      |
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19|the "National School Lunch Act", and said the State Board of           |
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20|Education is hereby authorized and directed to accept the terms and    |
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21|provisions of said the act and to enter into such agreements, not in   |
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22|conflict with the Constitution of Oklahoma or the Constitution and     |
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23|Statutes of the United States, as may be necessary or appropriate to   |
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 1|secure for the State of Oklahoma this state the benefits of the        |
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 2|school lunch program established and referred to in said the act;      |
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 3|    11.  Have authority to secure and administer the benefits of the   |
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 4|National School Lunch Act, Public Law 396 of the 79th Congress of      |
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 5|the United States, in the State of Oklahoma this state and is hereby   |
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 6|authorized to employ or appoint and fix the compensation of such       |
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 7|additional officers or employees and to incur such expenses as may     |
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 8|be necessary for the accomplishment of the above purpose, administer   |
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 9|the distribution of any state funds appropriated by the Legislature    |
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10|required as federal matching to reimburse on children's meals;         |
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11|    12.  Accept and provide for the administration of any land,        |
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12|money, buildings, gifts, donation, or other things of value which      |
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13|may be offered or bequeathed to the schools under the supervision or   |
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14|control of said the Board;                                             |
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15|    13.  Have authority to require persons having administrative       |
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16|control of all school districts in Oklahoma to make such regular and   |
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17|special reports regarding the activities of the schools in said the    |
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18|districts as the Board may deem needful for the proper exercise of     |
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19|its duties and functions.  Such authority shall include the right of   |
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20|the State Board of Education to withhold all state funds under its     |
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21|control, to withhold official recognition, including accrediting,      |
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22|until such required reports have been filed and accepted in the        |
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23|office of said the Board and to revoke the certificates of persons     |
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24|failing or refusing to make such reports;                              |
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 1|    14.  Have general supervision of the school lunch program.  The    |
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 2|State Board of Education may sponsor workshops for personnel and       |
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 3|participants in the school lunch program and may develop, print, and   |
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 4|distribute free of charge or sell any materials, books, and            |
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 5|bulletins to be used in such the school lunch programs.  There is      |
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 6|hereby created in the State Treasury a revolving fund for the Board,   |
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 7|to be designated the School Lunch Workshop Revolving Fund.  The fund   |
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 8|shall consist of all fees derived from or on behalf of any             |
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 9|participant in any such workshop sponsored by the State Board of       |
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10|Education, or from the sale of any materials, books, and bulletins,    |
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11|and such funds shall be disbursed for expenses of such workshops and   |
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12|for developing, printing, and distributing of such the materials,      |
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13|books, and bulletins relating to the school lunch program.  The fund   |
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14|shall be administered in accordance with Section 155 of Title 62 of    |
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15|the Oklahoma Statutes;                                                 |
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16|    15.  Prescribe all forms for school district and county officers   |
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17|to report to the State Board of Education where required.  The State   |
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18|Board of Education shall also prescribe a list of appropriation        |
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19|accounts by which the funds of school districts shall be budgeted,     |
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20|accounted for, and expended; and it shall be the duty of the State     |
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21|Auditor and Inspector in prescribing all budgeting, accounting, and    |
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22|reporting forms for school funds to conform to such lists;             |
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23|    16.  Provide for the establishment of a uniform system of pupil    |
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24|and personnel accounting, records, and reports;                        |
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 1|    17.  Have authority to provide for the health and safety of        |
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 2|school children and school personnel while under the jurisdiction of   |
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 3|school authorities;                                                    |
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 4|    18.  Provide for the supervision of the transportation of          |
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 5|pupils;                                                                |
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 6|    19.  Have authority, upon request of the local school board, to    |
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 7|act in behalf of the public schools of the state in the purchase of    |
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 8|transportation equipment;                                              |
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 9|    20.  Have authority and is hereby required to perform all duties   |
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10|necessary to the administration of the public school system in         |
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11|Oklahoma as specified in the Oklahoma School Code; and, in addition    |
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12|thereto, those duties not specifically mentioned herein if not         |
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13|delegated by law to any other agency or official;                      |
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14|    21.  Administer the State Public Common School Building            |
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15|Equalization Fund established by Section 32 of Article X of the        |
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16|Oklahoma Constitution.  Any monies as may be appropriated or           |
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17|designated by the Legislature, other than ad valorem taxes, any        |
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18|other funds identified by the State Department of Education, which     |
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19|may include, but not be limited to, grants-in-aid from the federal     |
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20|government for building purposes, the proceeds of all property that    |
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21|shall fall to the state by escheat, penalties for unlawful holding     |
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22|of real estate by corporations, and capital gains on assets of the     |
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23|permanent school funds, shall be deposited in the State Public         |
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24|Common School Building Equalization Fund.  The fund shall be used to   |
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 1|aid school districts and charter schools in acquiring buildings,       |
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 2|subject to the limitations fixed by Section 32 of Article X of the     |
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 3|Oklahoma Constitution.  It is hereby declared that the term            |
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 4|"acquiring buildings" as used in Section 32 of Article X of the        |
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 5|Oklahoma Constitution shall mean acquiring or improving school         |
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 6|sites, constructing, repairing, remodeling, or equipping buildings,    |
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 7|or acquiring school furniture, fixtures, or equipment.  It is hereby   |
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 8|declared that the term "school districts" as used in Section 32 of     |
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 9|Article X of the Oklahoma Constitution shall mean school districts     |
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10|and eligible charter schools as defined in subsection B of this        |
  |                                                                       |
11|section.  The State Board of Education shall disburse redbud school    |
  |                                                                       |
12|grants annually from the State Public Common School Building           |
  |                                                                       |
13|Equalization Fund to public schools and eligible charter schools       |
  |                                                                       |
14|pursuant to subsection B of this section.  The Board shall             |
  |                                                                       |
15|promulgate rules for the implementation of disbursing redbud school    |
  |                                                                       |
16|grants pursuant to this section.  The State Board of Education shall   |
  |                                                                       |
17|prescribe rules for making grants of aid from, and for otherwise       |
  |                                                                       |
18|administering, the fund pursuant to the provisions of this             |
  |                                                                       |
19|paragraph, and may employ and fix the duties and compensation of       |
  |                                                                       |
20|technicians, aides, clerks, stenographers, attorneys, and other        |
  |                                                                       |
21|personnel deemed necessary to carry out the provisions of this         |
  |                                                                       |
22|paragraph.  The cost of administering the fund shall be paid from      |
  |                                                                       |
23|monies appropriated to the State Board of Education for the            |
  |                                                                       |
24|operation of the State Department of Education.  From monies           |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 13
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 1|apportioned to the fund, the State Department of Education may         |
  |                                                                       |
 2|reserve not more than one-half of one percent (1/2 of 1%) for          |
  |                                                                       |
 3|purposes of administering the fund;                                    |
  |                                                                       |
 4|    22.  Recognize that the Director of the Oklahoma Department of     |
  |                                                                       |
 5|Corrections shall be the administrative authority for the schools      |
  |                                                                       |
 6|which are maintained in the state reformatories and shall appoint      |
  |                                                                       |
 7|the principals and teachers in such schools.  Provided, that rules     |
  |                                                                       |
 8|of the State Board of Education for the classification, inspection,    |
  |                                                                       |
 9|and accreditation of public schools shall be applicable to such        |
  |                                                                       |
10|schools; and such schools shall comply with standards set by the       |
  |                                                                       |
11|State Board of Education; and                                          |
  |                                                                       |
12|    23.  Have authority to administer a revolving fund which is        |
  |                                                                       |
13|hereby created in the State Treasury, to be designated the             |
  |                                                                       |
14|Statistical Services Revolving Fund.  The fund shall consist of all    |
  |                                                                       |
15|monies received from the various school districts of the state, the    |
  |                                                                       |
16|United States Government, and other sources for the purpose of         |
  |                                                                       |
17|furnishing or financing statistical services and for any other         |
  |                                                                       |
18|purpose as designated by the Legislature.  The State Board of          |
  |                                                                       |
19|Education is hereby authorized to enter into agreements with school    |
  |                                                                       |
20|districts, municipalities, the United States Government,               |
  |                                                                       |
21|foundations, and other agencies or individuals for services,           |
  |                                                                       |
22|programs, or research projects.  The Statistical Services Revolving    |
  |                                                                       |
23|Fund shall be administered in accordance with Section 155 of Title     |
  |                                                                       |
24|62 of the Oklahoma Statutes.                                           |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 14
___________________________________________________________________________

 1|    B.  1.  The redbud school grants shall be determined by the        |
  |                                                                       |
 2|State Department of Education as follows:                              |
  |                                                                       |
 3|         a.    divide the county four-mill levy revenue by four to     |
  |                                                                       |
 4|              determine the nonchargeable county four-mill revenue     |
  |                                                                       |
 5|              for each school district,                                |
  |                                                                       |
 6|         b.    determine the amount of new revenue generated by the    |
  |                                                                       |
 7|              five-mill building fund levy as authorized by Section    |
  |                                                                       |
 8|              10 of Article X of the Oklahoma Constitution for each    |
  |                                                                       |
 9|              school district as reported in the Oklahoma Cost         |
  |                                                                       |
10|              Accounting System for the preceding fiscal year,         |
  |                                                                       |
11|         c.    add the amounts calculated in subparagraphs a and b     |
  |                                                                       |
12|              of this paragraph to determine the nonchargeable         |
  |                                                                       |
13|              millage for each school district,                        |
  |                                                                       |
14|         d.    add the nonchargeable millage in each district          |
  |                                                                       |
15|              statewide as calculated in subparagraph c of this        |
  |                                                                       |
16|              paragraph and divide the total by the average daily      |
  |                                                                       |
17|              membership in public schools statewide based on the      |
  |                                                                       |
18|              preceding school year's average daily membership,        |
  |                                                                       |
19|              according to the provisions of Section 18-107 of this    |
  |                                                                       |
20|              title.  This amount is the statewide nonchargeable       |
  |                                                                       |
21|              millage per student, known as the baseline local         |
  |                                                                       |
22|              funding per student,                                     |
  |                                                                       |
23|         e.    all eligible charter schools shall be included in       |
  |                                                                       |
24|              these calculations as unique school districts,           |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 15
___________________________________________________________________________

 1|              separate from the school district that may sponsor the   |
  |                                                                       |
 2|              eligible charter school, and the total number of         |
  |                                                                       |
 3|              districts shall be used to determine the statewide       |
  |                                                                       |
 4|              average baseline local funding per student,              |
  |                                                                       |
 5|         f.    for each school district or eligible charter school     |
  |                                                                       |
 6|              which is below the baseline local funding per student,   |
  |                                                                       |
 7|              the Department shall subtract the baseline local         |
  |                                                                       |
 8|              funding per student from the average nonchargeable       |
  |                                                                       |
 9|              millage per student of the school district or eligible   |
  |                                                                       |
10|              charter school to determine the nonchargeable millage    |
  |                                                                       |
11|              per student shortfall for each district, and             |
  |                                                                       |
12|         g.    the nonchargeable millage per student shortfall for a   |
  |                                                                       |
13|              school district or eligible charter school shall be      |
  |                                                                       |
14|              multiplied by the average daily membership of the        |
  |                                                                       |
15|              preceding school year of the eligible school district    |
  |                                                                       |
16|              or eligible charter school.  This amount shall be the    |
  |                                                                       |
17|              redbud school grant amount for the school district or    |
  |                                                                       |
18|              eligible charter school.                                 |
  |                                                                       |
19|    2.  For fiscal year 2022, monies for the redbud school grants      |
  |                                                                       |
20|shall be expended from the funds apportioned pursuant to Section 2     |
  |                                                                       |
21|Section 426 of this act Title 63 of the Oklahoma Statutes.  For        |
  |                                                                       |
22|fiscal year 2023 and each subsequent fiscal year, monies for the       |
  |                                                                       |
23|redbud school grants shall be appropriated pursuant to Section 2       |
  |                                                                       |
24|Section 426 of this act Title 63 of the Oklahoma Statutes, not to      |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 16
___________________________________________________________________________

 1|exceed three-fourths (3/4) of the tax collected in the preceding       |
  |                                                                       |
 2|fiscal year pursuant to Section 426 of Title 63 of the Oklahoma        |
  |                                                                       |
 3|Statutes as determined by the Oklahoma Tax Commission.  For fiscal     |
  |                                                                       |
 4|year 2023 and each subsequent fiscal year, if such appropriated        |
  |                                                                       |
 5|funds are insufficient to fund the redbud school grants, then an       |
  |                                                                       |
 6|additional apportionment of funds shall be made from sales tax         |
  |                                                                       |
 7|collections as provided by subsection D of Section 3 Section 1353 of   |
  |                                                                       |
 8|this act Title 68 of the Oklahoma Statutes.  If both funds are         |
  |                                                                       |
 9|insufficient, the Department shall promulgate rules to permit a        |
  |                                                                       |
10|decrease to the baseline local funding per student to the highest      |
  |                                                                       |
11|amount allowed with the funding available.                             |
  |                                                                       |
12|    3.  As used in this section, "eligible charter school" shall       |
  |                                                                       |
13|mean a charter school which is sponsored pursuant to the provisions    |
  |                                                                       |
14|of the Oklahoma Charter School Schools Act.  Provided, however,        |
  |                                                                       |
15|"eligible charter school" shall not include a charter school           |
  |                                                                       |
16|sponsored by the Statewide Virtual Charter School Board but shall      |
  |                                                                       |
17|only include those which provide in-person or blended instruction,     |
  |                                                                       |
18|as provided by Section 1-111 of this title, to not less than           |
  |                                                                       |
19|two-thirds (2/3) of students as the primary means of instructional     |
  |                                                                       |
20|service delivery.                                                      |
  |                                                                       |
21|    4.  The Department shall develop a program to acknowledge the      |
  |                                                                       |
22|redbud school grant recipients and shall include elected members of    |
  |                                                                       |
23|the Oklahoma House of Representatives and Oklahoma State Senate who    |
  |                                                                       |
24|represent the school districts and eligible charter schools.           |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 17
___________________________________________________________________________

 1|    5.  The Department shall create a dedicated page on its website    |
  |                                                                       |
 2|listing annual redbud school grant recipients, amount awarded to       |
  |                                                                       |
 3|each recipient, and other pertinent information about the Redbud       |
  |                                                                       |
 4|School Funding Act.                                                    |
  |                                                                       |
 5|    6.  The Department shall provide the Chair of the House            |
  |                                                                       |
 6|Appropriations and Budget Committee and the Chair of the Senate        |
  |                                                                       |
 7|Appropriations Committee no later than February 1 of each year with    |
  |                                                                       |
 8|an estimate of the upcoming year's redbud school grant allocation as   |
  |                                                                       |
 9|prescribed by this section.                                            |
  |                                                                       |
10|    SECTION 2.     AMENDATORY     70 O.S. 2021, Section 13-107, is     |
  |                                                                       |
11|amended to read as follows:                                            |
  |                                                                       |
12|    Section 13-107.  The State Board of Education is hereby            |
  |                                                                       |
13|empowered to accept and disburse any grants or funds that may be       |
  |                                                                       |
14|matched by or received from the federal government for the education   |
  |                                                                       |
15|of exceptional children and to make necessary rules and regulations    |
  |                                                                       |
16|for such purpose.  Provided, however, nothing in this section shall    |
  |                                                                       |
17|be construed as preventing any school district board of education or   |
  |                                                                       |
18|any educational agency of this state from making direct applications   |
  |                                                                       |
19|for or receiving directly federal funds made available for the         |
  |                                                                       |
20|education of exceptional children in those cases where the federal     |
  |                                                                       |
21|law permits direct applications for and receipt of federal funds by    |
  |                                                                       |
22|any school district board of education or educational agency of this   |
  |                                                                       |
23|state.                                                                 |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 18
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 1|    SECTION 3.     AMENDATORY     70 O.S. 2021, Section 18-104, is     |
  |                                                                       |
 2|amended to read as follows:                                            |
  |                                                                       |
 3|    Section 18-104.  A.  The funds apportioned and disbursed to the    |
  |                                                                       |
 4|several school districts of the state shall be for the purpose of      |
  |                                                                       |
 5|aiding each school district receiving the same to finance its school   |
  |                                                                       |
 6|budget for each fiscal year.  The State Board of Education shall       |
  |                                                                       |
 7|notify the county clerk, the board of education, superintendent of     |
  |                                                                       |
 8|each school district, and the school district treasurer of the         |
  |                                                                       |
 9|tentative amount said the district is to receive from the funds        |
  |                                                                       |
10|apportioned under the provisions of this article and disbursed         |
  |                                                                       |
11|according to the provisions hereof.  After such allocation of State    |
  |                                                                       |
12|Aid has been made by the State Board of Education and certified to     |
  |                                                                       |
13|the treasurer of the school district and district superintendent of    |
  |                                                                       |
14|schools, such the amount of aid may be included as probable income     |
  |                                                                       |
15|by the board of education in its Estimate of Needs and Financial       |
  |                                                                       |
16|Statement financial statement and estimate of needs as submitted to    |
  |                                                                       |
17|the county excise board, and said the excise board shall include       |
  |                                                                       |
18|such the amount in the approved appropriations, and in addition        |
  |                                                                       |
19|thereto any federal aid certified or allocated by the State Board of   |
  |                                                                       |
20|Education or received directly by the school district shall be         |
  |                                                                       |
21|included in the appropriation made by the excise board if requested    |
  |                                                                       |
22|by the board of education; provided, no such federal aid estimate      |
  |                                                                       |
23|shall be used in any way to reduce the State Foundation Aid or         |
  |                                                                       |
24|Incentive Aid for such the school district or sustain a protest for    |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 19
___________________________________________________________________________

 1|the reduction of a tax levy.  If such the allocation of aid is not     |
  |                                                                       |
 2|included in the board of education's estimate of needs, it shall be    |
  |                                                                       |
 3|added by the county clerk to the items of appropriation designated     |
  |                                                                       |
 4|by the board of education of the school district.  Funds received      |
  |                                                                       |
 5|under the provisions of this article shall be deposited in the         |
  |                                                                       |
 6|general fund of such the school district.  Provided, funds received    |
  |                                                                       |
 7|from the federal government for current expense purposes shall         |
  |                                                                       |
 8|likewise be added to the appropriation of the general fund if so       |
  |                                                                       |
 9|designated by the board of education of such the school district.      |
  |                                                                       |
10|Provided, further, that the board of education of a school district    |
  |                                                                       |
11|may enter into agreements with federal agencies for educational        |
  |                                                                       |
12|projects and programs to be maintained in such districts the           |
  |                                                                       |
13|district; and federal funds received by the district in pursuance      |
  |                                                                       |
14|thereof shall, consistent with the agreement and requirements of the   |
  |                                                                       |
15|federal agency, be kept, administered and disbursed in such manner     |
  |                                                                       |
16|as may be prescribed by rules and regulations of the board of          |
  |                                                                       |
17|education.                                                             |
  |                                                                       |
18|    B.  If the State Board of Education should ascertain that          |
  |                                                                       |
19|allocation of State Aid to any school district has so changed as to    |
  |                                                                       |
20|reduce its State Aid, then the State Board of Education shall          |
  |                                                                       |
21|forthwith notify the district superintendent, the clerk of the board   |
  |                                                                       |
22|of education, and the treasurer thereof, as to the amount of           |
  |                                                                       |
23|reduction in the allocation of State Aid.  If there has been an        |
  |                                                                       |
24|overpayment, the same shall be returned to the State Treasurer and     |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 20
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 1|credited to a refund account which shall be available for further      |
  |                                                                       |
 2|payment of State Aid.  Whenever it becomes necessary for a school      |
  |                                                                       |
 3|district to refund any overpayment of monies previously received,      |
  |                                                                       |
 4|the school district shall issue such a warrant against a properly      |
  |                                                                       |
 5|approved encumbrance in the manner provided by law.  Such The claim    |
  |                                                                       |
 6|or encumbrance shall be coded as a refund of prior revenue and paid    |
  |                                                                       |
 7|from the current expense appropriation of the general fund or such     |
  |                                                                       |
 8|other another fund or account from which such the refund may           |
  |                                                                       |
 9|properly be paid by the school district.                               |
  |                                                                       |
10|    SECTION 4.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
11|in the Oklahoma Statutes as Section 18-126 of Title 70, unless there   |
  |                                                                       |
12|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
13|    A.  Beginning October 1, 2024, a school district board of          |
  |                                                                       |
14|education may make and file applications for federal funds             |
  |                                                                       |
15|appropriated and made available for school purposes by federal law.    |
  |                                                                       |
16|A school district may receive from the federal government, or any of   |
  |                                                                       |
17|its agencies, and expend any funds made available under existing       |
  |                                                                       |
18|law, rules, or regulations or that may hereafter be made available     |
  |                                                                       |
19|for any and all school purposes.                                       |
  |                                                                       |
20|    B.  School districts shall report financial transactions for       |
  |                                                                       |
21|federal funds received pursuant to subsection A of this section        |
  |                                                                       |
22|using the Oklahoma Cost Accounting System.                             |
  |                                                                       |
23|    C.  The State Department of Education shall review each audit      |
  |                                                                       |
24|report submitted pursuant to the Oklahoma Public School Audit Law      |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 21
___________________________________________________________________________

 1|and notify the appropriate federal program administrator of any        |
  |                                                                       |
 2|deficiencies reported by the independent auditor regarding federal     |
  |                                                                       |
 3|programs.  The administrator shall implement the procedures deemed     |
  |                                                                       |
 4|necessary to resolve the exceptions noted by the auditor.  The final   |
  |                                                                       |
 5|result of the action taken will be filed with the audit report no      |
  |                                                                       |
 6|later than ninety (90) days after the program administrator has been   |
  |                                                                       |
 7|advised of the auditor's findings.                                     |
  |                                                                       |
 8|    D.  The State Board of Education shall promulgate rules to         |
  |                                                                       |
 9|implement the provisions of this section.                              |
  |                                                                       |
10|    SECTION 5.  This act shall become effective July 1, 2024.          |
  |                                                                       |
11|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |February 21, 2023 - DO PASS                                            |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14579742 SENATE FLOOR VERSION - SB329 SFLR                    Page 22
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