Bill Text For SB0822 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 822                      By: Daniels                       |
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 5|                            AS INTRODUCED                              |
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 6|       An Act relating to students; creating the Oklahoma              |
  |       Education Freedom Act; providing short title;                   |
 7|       providing legislative intent; defining terms;                   |
  |       creating the Oklahoma Education Freedom Account                 |
 8|       Program; providing for administration; providing                |
  |       method of application; providing for parent                     |
 9|       agreement; prohibiting certain discrimination;                  |
  |       providing certain construction; requiring renewal of            |
10|       Oklahoma Education Freedom Accounts on annual basis;            |
  |       allowing closure of accounts under certain                      |
11|       circumstances; requiring notification within certain            |
  |       time period of certain student enrolling in certain             |
12|       school; providing for suspension of deposits into               |
  |       account; providing for remittance of unused funds;              |
13|       providing for calculation of State Aid amount;                  |
  |       requiring transfer of certain calculated amount on a            |
14|       monthly basis; prohibiting certain provider from                |
  |       sharing, refunding, or rebating an amount with a                |
15|       parent or certain student; prohibiting personal                 |
  |       deposits into certain account; prohibiting certain              |
16|       funds from being considered income; providing for               |
  |       accrual of account funds; requiring certain agency to           |
17|       maintain list of certain providers; requiring certain           |
  |       agency to provide certain information to certain                |
18|       parents; requiring notice to be provided to parents             |
  |       of certain children; allowing certain agency to                 |
19|       contract with certain firm or organization; allowing            |
  |       withholding of certain percentage of funds to                   |
20|       administer program; requiring the establishment of              |
  |       certain payment system; requiring implementation of             |
21|       certain system to share information about education             |
  |       service providers; providing for partial payment to             |
22|       an education service provider; authorizing certain              |
  |       auditing; providing for the removal of certain parent           |
23|       or student from eligibility under certain                       |
  |       circumstances; allowing referral for certain                    |
24|       investigation; providing for appeal; allowing for               |
  |       payments to cease to certain providers under certain            |
   Req. No. 57                                                     Page 1
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 1|       circumstances; providing for appeal; allowing                   |
  |       acceptance of gifts and grants for certain purposes;            |
 2|       providing for promulgation of rules; providing                  |
  |       process for approving education service providers;              |
 3|       directing provision of certain student records in               |
  |       accordance with certain act; providing certain                  |
 4|       construction; directing certain decrease in state               |
  |       funding upon certain finding of noncompliance;                  |
 5|       creating cause of action for certain noncompliance;             |
  |       creating the Oklahoma Education Freedom Account                 |
 6|       Revolving Fund; specifying sources of fund; providing           |
  |       for expenditures; providing purpose of fund;                    |
 7|       providing for establishment of burden in certain                |
  |       legal proceeding; providing immunity from liability             |
 8|       for certain actions; allowing certain parents to                |
  |       intervene in certain legal proceeding; providing for            |
 9|       severability; providing legislative intent to                   |
  |       increase certain appropriated amount; providing for             |
10|       codification; providing for noncodification;                    |
  |       providing an effective date; and declaring an                   |
11|       emergency.                                                      |
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12|                                                                       |
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13|                                                                       |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 28-100 of Title 70, unless there   |
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17|is created a duplication in numbering, reads as follows:               |
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18|    A.  This act shall be known and may be cited as the "Oklahoma      |
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19|Education Freedom Act".                                                |
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20|    B.  It is the intent of the Legislature that parents, legal        |
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21|guardians, and others with legal authority over children in this       |
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22|state be able to access educational services that meet the needs of    |
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23|their individual children by directing State Aid for which each        |
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24|child is eligible to the education provider of their choice.  The      |
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   Req. No. 57                                                     Page 2
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 1|Legislature affirms that parents and legal guardians are best suited   |
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 2|to make decisions to help children in this state reach their full      |
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 3|potential and achieve a brighter future.                               |
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 4|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 5|in the Oklahoma Statutes as Section 28-101 of Title 70, unless there   |
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 6|is created a duplication in numbering, reads as follows:               |
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 7|    A.  As used in the Oklahoma Education Freedom Act:                 |
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 8|    1.  "Agency" means the Office of the State Treasurer;              |
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 9|    2.  "Curriculum" means a complete course of study for a            |
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10|particular content area or grade level;                                |
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11|    3.  "Oklahoma Education Freedom Account" means the account in      |
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12|which funds are deposited by the Agency to pay for qualifying          |
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13|education expenses for an eligible student;                            |
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14|    4.  "Education service provider" means a person, business,         |
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15|public school district, public charter school, magnet school,          |
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16|institution within The Oklahoma State System of Higher Education, or   |
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17|organization that receives payments from a parent directing an         |
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18|Oklahoma Education Freedom Account to provide educational goods        |
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19|and/or services to Oklahoma Education Freedom Account students;        |
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20|    5.  "Eligible student" means a resident of this state who is       |
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21|eligible to enroll in a public school in this state;                   |
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22|    6.  "Oklahoma Education Freedom Account student" means an          |
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23|eligible student approved to participate in the Oklahoma Education     |
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24|Freedom Account Program;                                               |
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   Req. No. 57                                                     Page 3
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 1|    7.  "Parent" means a biological or adoptive parent, legal          |
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 2|guardian, custodian, or other person with legal authority to act on    |
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 3|behalf of an eligible student; and                                     |
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 4|    8.  "Qualified expense" means the following services provided by   |
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 5|an education service provider:                                         |
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 6|         a.    tuition and/or fees at a private school accredited or   |
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 7|              in the process of obtaining accreditation from the       |
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 8|              State Board of Education or another accrediting          |
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 9|              association approved by the State Board of Education,    |
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10|         b.    tuition and/or fees for non-public online learning      |
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11|              programs,                                                |
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12|         c.    tutoring services provided by an individual or a        |
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13|              tutoring facility,                                       |
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14|         d.    services contracted for and provided by a public        |
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15|              school district, public charter school, or magnet        |
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16|              school including but not limited to classes and          |
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17|              extracurricular activities and programs,                 |
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18|         e.    textbooks, curriculum, or other instructional           |
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19|              materials including but not limited to supplemental      |
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20|              materials or associated online instruction required by   |
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21|              an education service provider,                           |
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22|         f.    computer hardware or other technological devices,       |
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23|              educational software, and applications that are used     |
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24|              to meet an eligible student's curriculum needs,          |
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   Req. No. 57                                                     Page 4
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 1|         g.    tuition and/or fees for a curriculum or program,        |
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 2|              along with related instruments, supplies, accessories,   |
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 3|              and materials, that provides instruction in drama,       |
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 4|              music, speech and debate, agriculture, or other          |
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 5|              similar activities,                                      |
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 6|         h.    school uniforms,                                        |
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 7|         i.    fees for nationally standardized assessments            |
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 8|              including but not limited to assessments used to         |
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 9|              determine college admission and advanced placement       |
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10|              examinations as well as tuition and/or fees for          |
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11|              tutoring or preparatory courses for the assessments,     |
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12|         j.    tuition and/or fees for summer education programs and   |
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13|              specialized after-school education programs; provided,   |
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14|              however, that such expense does not include              |
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15|              before-school or after-school child care,                |
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16|         k.    tuition, fees, instructional materials, and             |
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17|              assessment fees for a curriculum or program offered by   |
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18|              a technology center school,                              |
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19|         l.    educational services and therapies including but not    |
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20|              limited to occupational, behavioral, physical,           |
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21|              speech-language, and audiology therapies,                |
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22|         m.    tuition and fees for concurrent enrollment at an        |
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23|              institution within The Oklahoma State System of Higher   |
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24|              Education,                                               |
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   Req. No. 57                                                     Page 5
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 1|         n.    fees for transportation paid to a fee-for-service       |
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 2|              provider for the student to travel to and from an        |
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 3|              education service provider, or                           |
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 4|         o.    any other qualified expense approved by the Agency.     |
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 5|    B.  There is hereby created the Oklahoma Education Freedom         |
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 6|Account Program to be administered by the Agency to provide an         |
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 7|Oklahoma Education Freedom Account for qualified expenses to support   |
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 8|the education of Oklahoma Education Freedom Account students in this   |
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 9|state.                                                                 |
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10|    C.  1.  To apply for an Oklahoma Education Freedom Account, a      |
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11|parent of an eligible student shall submit an application to the       |
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12|Agency on a form prescribed by the Agency and published on its         |
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13|website.  The application may be submitted online or by mail.          |
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14|    2.  The Agency shall establish procedures to approve               |
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15|applications within ten (10) business days after receipt.  There       |
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16|shall be no deadline for submission of applications.  Applications     |
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17|shall be approved if the parent signs an agreement to do all of the    |
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18|following:                                                             |
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19|         a.    use the Oklahoma Education Freedom Account only for     |
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20|              qualified expenses to provide an education for an        |
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21|              eligible student in at least the subjects of reading,    |
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22|              English language arts, mathematics, science, and         |
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23|              social studies,                                          |
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24|                                                                       |
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   Req. No. 57                                                     Page 6
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 1|         b.    not enroll the eligible student as a full-time          |
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 2|              student in a public school district, public charter      |
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 3|              school, or magnet school after acceptance of an          |
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 4|              Oklahoma Education Freedom Account,                      |
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 5|         c.    comply with rules and requirements of the Oklahoma      |
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 6|              Education Freedom Account Program established by the     |
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 7|              Agency, and                                              |
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 8|         d.    not accept a scholarship from the Lindsey Nicole        |
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 9|              Henry Scholarships for Students with Disabilities        |
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10|              Program created by Section 13-101.2 of Title 70 of the   |
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11|              Oklahoma Statutes while participating in the Oklahoma    |
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12|              Education Freedom Account Program.                       |
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13|    3.  No student shall, on the grounds of race, color, or national   |
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14|origin, be excluded from participation in, be denied the benefits      |
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15|of, or be subjected to discrimination under this program.              |
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16|    D.  Nothing in this act shall be construed to require that an      |
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17|Oklahoma Education Freedom Account student be enrolled full time or    |
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18|part time in a private school or a nonpublic online school.            |
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19|    E.  The Agency shall renew Oklahoma Education Freedom Accounts     |
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20|on an annual basis.  An account may be closed if:                      |
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21|    1.  The parent of an Oklahoma Education Freedom Account student    |
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22|enrolls the student as a full-time student in a public school, as      |
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23|provided for by subsection F of this section;                          |
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   Req. No. 57                                                     Page 7
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 1|    2.  The Agency closes the account due to intentional misuse as     |
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 2|provided for in Section 3 of this act; or                              |
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 3|    3.  The Oklahoma Education Freedom Account student graduates       |
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 4|from high school or reaches the age of twenty-one (21), whichever      |
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 5|comes first.                                                           |
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 6|    F.  The parent of an Oklahoma Education Freedom Account student    |
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 7|shall notify the Agency within five (5) days of the student            |
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 8|enrolling in a public school district, public charter school, or       |
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 9|magnet school.  Upon receipt of the notification required by this      |
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10|subsection, the Agency shall suspend deposits into the student's       |
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11|Oklahoma Education Freedom Account.  Any unused funds remaining in     |
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12|the Oklahoma Education Freedom Account at the end of the applicable    |
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13|calendar year shall be remitted to the General Revenue Fund.           |
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14|    G.  1.  For each eligible student approved to participate in the   |
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15|Oklahoma Education Freedom Account Program, the Agency shall notify    |
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16|the State Department of Education and request calculation of the       |
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17|amount of State Aid for which the student is eligible.  Within ten     |
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18|(10) business days of receiving the request, the State Department of   |
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19|Education shall notify the Agency of the calculated amount, which      |
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20|shall be equivalent to the total State Aid factors including pupil     |
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21|category weights for the applicable school year multiplied by the      |
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22|grade weight generated by the student for the applicable school        |
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23|year.                                                                  |
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   Req. No. 57                                                     Page 8
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 1|    2.  The State Department of Education on a monthly basis shall     |
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 2|transfer to the Agency for deposit into the Oklahoma Education         |
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 3|Freedom Account Revolving Fund created pursuant to Section 5 of this   |
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 4|act an amount equal to one-twelfth (1/12) of the total amount          |
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 5|necessary to fund all Oklahoma Education Freedom Accounts requested    |
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 6|for the applicable school year.  Within ten (10) business days of a    |
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 7|deposit required by this paragraph, the Agency shall make funds        |
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 8|available in Oklahoma Education Freedom Accounts.                      |
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 9|    3.  Prior to the monthly deposit required by this subsection,      |
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10|the Agency shall notify the State Department of Education if changes   |
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11|to the number of participating Oklahoma Education Freedom Account      |
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12|students will result in a modification of the monthly deposit          |
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13|amount.                                                                |
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14|    H.  An education service provider shall not share, refund, or      |
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15|rebate any amount of an Oklahoma Education Freedom Account with the    |
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16|parent or the Oklahoma Education Freedom Account student.  A refund    |
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17|or rebate for goods or services purchased with an Oklahoma Education   |
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18|Freedom Account shall be credited to the Oklahoma Education Freedom    |
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19|Account.                                                               |
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20|    I.  Parents shall be prohibited from making personal deposits      |
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21|into an Oklahoma Education Freedom Account.  However, no parent        |
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22|shall be restricted from making payments for educational goods and     |
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23|services not covered by funds in a student's Oklahoma Education        |
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24|Freedom Account.                                                       |
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   Req. No. 57                                                     Page 9
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 1|    J.  Monies received pursuant to the Oklahoma Education Freedom     |
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 2|Account Program shall not constitute taxable income to the parent or   |
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 3|Oklahoma Education Freedom Account student.                            |
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 4|    K.  Funds deposited into an Oklahoma Education Freedom Account     |
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 5|but unused shall accrue from month to month and from year to year      |
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 6|unless the account is closed pursuant to the provisions of             |
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 7|subsection E of this section.                                          |
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 8|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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 9|in the Oklahoma Statutes as Section 28-102 of Title 70, unless there   |
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10|is created a duplication in numbering, reads as follows:               |
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11|    A.  To implement the provisions of the Oklahoma Education          |
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12|Freedom Act, the Agency shall maintain and make publicly available     |
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13|on its website an updated list of education service providers.         |
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14|    B.  The Agency shall provide parents of Oklahoma Education         |
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15|Freedom Account students a written explanation of qualified expenses   |
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16|for which an Oklahoma Education Freedom Account may be used, the       |
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17|responsibilities of parents, the duties of the Agency, and the role    |
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18|of any private financial management firm or other private              |
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19|organization with which the Agency may contract to administer the      |
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20|Oklahoma Education Freedom Act.                                        |
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21|    C.  The Agency shall provide parents of Oklahoma Education         |
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22|Freedom Account students with disabilities notice that participation   |
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23|in the Oklahoma Education Freedom Account Program shall have the       |
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24|same effect as a parental revocation of consent pursuant to 20         |
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   Req. No. 57                                                     Page 10
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 1|U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the Individuals with     |
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 2|Disabilities Education Act (IDEA) and an explanation of the rights     |
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 3|parents of Oklahoma Education Freedom Account students with            |
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 4|disabilities have under IDEA and any applicable state laws and         |
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 5|regulations.                                                           |
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 6|    D.  The Agency may contract with a private financial management    |
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 7|firm or other private organization to administer in full or in part    |
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 8|the Oklahoma Education Freedom Account Program.                        |
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 9|    E.  The Agency may withhold funding from deposits made pursuant    |
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10|to subsection G of Section 2 of this act to administer the Oklahoma    |
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11|Education Freedom Account Program in an amount not to exceed five      |
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12|percent (5%) annually for the first two years after the effective      |
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13|date of this act and three percent (3%) annually thereafter.           |
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14|    F.  The Agency shall establish a commercially viable,              |
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15|cost-effective, and parent-friendly system of payment for services     |
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16|from Oklahoma Education Freedom Accounts to education service          |
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17|providers by electronic or online funds transfer.                      |
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18|    1.  The system of payment established pursuant to this             |
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19|subsection shall provide maximum flexibility for parents by            |
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20|facilitating direct payments to education service providers whenever   |
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21|possible, provide a parent-friendly system for requests for            |
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22|pre-approval of qualified expenses, and timely reimbursement for       |
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23|qualified expenses.                                                    |
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24|                                                                       |
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   Req. No. 57                                                     Page 11
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 1|    2.  The Agency may contract with private entities to develop the   |
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 2|payment system.                                                        |
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 3|    G.  The Agency shall implement a commercially viable,              |
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 4|cost-effective, and parent-friendly system for parents to publicly     |
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 5|rate, review, and share information about education service            |
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 6|providers.                                                             |
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 7|    H.  If an education service provider requires partial payment of   |
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 8|tuition or fees to reserve a place for an Oklahoma Education Freedom   |
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 9|Account student prior to the start of the school year, the partial     |
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10|payment may be paid by the Agency prior to the start of the school     |
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11|year in which the Oklahoma Education Freedom Account is opened and     |
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12|may be deducted in equal amounts from monthly deposits into Oklahoma   |
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13|Education Freedom Accounts.  If the parent of an Oklahoma Education    |
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14|Freedom Account student chooses not to use the education service       |
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15|provider, the partial reservation payment shall be remitted to the     |
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16|Agency within fifteen (15) business days of notification of the        |
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17|decision and credited to the student's Oklahoma Education Freedom      |
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18|Account.                                                               |
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19|    I.  The Agency shall have the authority to conduct an audit or     |
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20|contract for the auditing of Oklahoma Education Freedom Accounts and   |
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21|shall conduct random audits of ten percent (10%) of Oklahoma           |
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22|Education Freedom Accounts on an annual basis.                         |
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23|    J.  The Agency shall have the authority to remove any parent or    |
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24|Oklahoma Education Freedom Account student from eligibility for an     |
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   Req. No. 57                                                     Page 12
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 1|Oklahoma Education Freedom Account in the event of intentional and     |
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 2|substantial misuse of Oklahoma Education Freedom Account funds.        |
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 3|    1.  The Agency shall create procedures to ensure a fair process    |
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 4|to determine whether an intentional and substantial misuse of          |
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 5|Oklahoma Education Freedom Account funds has occurred.  If misuse by   |
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 6|a parent is established but the Oklahoma Education Freedom Account     |
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 7|student is determined to be free from personal misconduct, he or she   |
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 8|shall be eligible for an Oklahoma Education Freedom Account in the     |
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 9|future if placed with a different parent, guardian, or other person    |
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10|with legal authority to act on behalf of the student.                  |
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11|    2.  The Agency shall have the authority to refer suspected cases   |
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12|of intentional and substantial misuse of Oklahoma Education Freedom    |
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13|Account funds to the Attorney General for investigation if evidence    |
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14|of fraudulent use of funds is obtained.                                |
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15|    3.  A parent or Oklahoma Education Freedom Account student may,    |
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16|pursuant to the Administrative Procedures Act, appeal the Agency's     |
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17|decision to remove the parent or student from eligibility for an       |
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18|Oklahoma Education Freedom Account.                                    |
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19|    K.  The Agency may cease payments to an education service          |
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20|provider from Oklahoma Education Freedom Accounts if the Agency        |
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21|determines the education service provider has:                         |
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22|    1.  Intentionally and substantially misrepresented information     |
  |                                                                       |
23|or failed to refund any overpayments in a timely manner; or            |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 57                                                     Page 13
___________________________________________________________________________

 1|    2.  Routinely failed to provide Oklahoma Education Freedom         |
  |                                                                       |
 2|Account students with promised educational goods or services.          |
  |                                                                       |
 3|    L.  The Agency shall create procedures to ensure a fair process    |
  |                                                                       |
 4|to determine whether an education service provider should be           |
  |                                                                       |
 5|prohibited from receiving payments from Oklahoma Education Freedom     |
  |                                                                       |
 6|Accounts.                                                              |
  |                                                                       |
 7|    1.  If the Agency prohibits an education service provider from     |
  |                                                                       |
 8|receiving payments pursuant to this subsection, the Agency shall       |
  |                                                                       |
 9|notify parents and Oklahoma Education Freedom Account students of      |
  |                                                                       |
10|its decision within ten (10) days.                                     |
  |                                                                       |
11|    2.  Education service providers may, pursuant to the               |
  |                                                                       |
12|Administrative Procedures Act, appeal the Agency's decision to         |
  |                                                                       |
13|prohibit them from receiving Oklahoma Education Freedom Account        |
  |                                                                       |
14|payments.                                                              |
  |                                                                       |
15|    M.  The Agency may accept gifts and grants from any source to      |
  |                                                                       |
16|support administration of the Oklahoma Education Freedom Account       |
  |                                                                       |
17|Program, to inform the public about the Oklahoma Education Freedom     |
  |                                                                       |
18|Account Program, and to fund additional Oklahoma Education Freedom     |
  |                                                                       |
19|Accounts.                                                              |
  |                                                                       |
20|    N.  The Agency may promulgate rules to implement the provisions    |
  |                                                                       |
21|of this act, which shall include but not be limited to:                |
  |                                                                       |
22|    1.  Establishing or contracting for the establishment of an        |
  |                                                                       |
23|online anonymous fraud reporting service;                              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 57                                                     Page 14
___________________________________________________________________________

 1|    2.  Establishing an anonymous telephone hotline for fraud          |
  |                                                                       |
 2|reporting;                                                             |
  |                                                                       |
 3|    3.  Requiring a surety bond for education service providers        |
  |                                                                       |
 4|receiving more than One Hundred Thousand Dollars ($100,000.00) in      |
  |                                                                       |
 5|Oklahoma Education Freedom Account funds; and                          |
  |                                                                       |
 6|    4.  Refunding payments from education service providers back to    |
  |                                                                       |
 7|Oklahoma Education Freedom Accounts.                                   |
  |                                                                       |
 8|    SECTION 4.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 9|in the Oklahoma Statutes as Section 28-103 of Title 70, unless there   |
  |                                                                       |
10|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
11|    A.  The Agency may approve education service providers on its      |
  |                                                                       |
12|own initiative, at the request of parents, or at the request of a      |
  |                                                                       |
13|prospective education service provider.                                |
  |                                                                       |
14|    B.  A prospective education service provider seeking to            |
  |                                                                       |
15|participate in the Oklahoma Education Freedom Account Program shall:   |
  |                                                                       |
16|    1.  Submit notice to the Agency that it wishes to participate      |
  |                                                                       |
17|and receive Oklahoma Education Freedom Account funds designated by     |
  |                                                                       |
18|parents for payment of educational goods and services; and             |
  |                                                                       |
19|    2.  Agree not to refund, rebate, or share Oklahoma Education       |
  |                                                                       |
20|Freedom Account funds with parents or Oklahoma Education Freedom       |
  |                                                                       |
21|Account students in any manner, except that funds may be remitted or   |
  |                                                                       |
22|refunded to an Oklahoma Education Freedom Account.                     |
  |                                                                       |
23|    C.  A public school district, public charter school, or magnet     |
  |                                                                       |
24|school in which an Oklahoma Education Freedom Account student was      |
  |                                                                       |
   Req. No. 57                                                     Page 15
___________________________________________________________________________

 1|enrolled shall provide a private school that is an education service   |
  |                                                                       |
 2|provider and that has an Oklahoma Education Freedom Account student    |
  |                                                                       |
 3|enrolled with a complete copy of the student's records within five     |
  |                                                                       |
 4|(5) business days of receiving the request for records.  The           |
  |                                                                       |
 5|provision of records pursuant to this subsection shall be in           |
  |                                                                       |
 6|accordance with the provisions of the Family Educational Rights and    |
  |                                                                       |
 7|Privacy Act of 1974 (FERPA).                                           |
  |                                                                       |
 8|    D.  Nothing in this act shall limit the independence or autonomy   |
  |                                                                       |
 9|of an education service provider or make the actions of an education   |
  |                                                                       |
10|service provider the actions of state government.  Education service   |
  |                                                                       |
11|providers shall be given maximum freedom to provide for the            |
  |                                                                       |
12|educational needs of Oklahoma Education Freedom Account students       |
  |                                                                       |
13|without governmental control.                                          |
  |                                                                       |
14|    1.  An education service provider that accepts payment from an     |
  |                                                                       |
15|Oklahoma Education Freedom Account as directed by parents pursuant     |
  |                                                                       |
16|to this act shall not be considered an agent of the state or federal   |
  |                                                                       |
17|government.                                                            |
  |                                                                       |
18|    2.  An education service provider shall not be required to alter   |
  |                                                                       |
19|its creed, practices, admissions policy, or curriculum to accept       |
  |                                                                       |
20|payments as directed by parents from an Oklahoma Education Freedom     |
  |                                                                       |
21|Account.                                                               |
  |                                                                       |
22|    E.  Nothing in this act shall be construed to expand the           |
  |                                                                       |
23|regulatory authority of the state, its officers, or any public         |
  |                                                                       |
24|school to impose any additional regulation of education service        |
  |                                                                       |
   Req. No. 57                                                     Page 16
___________________________________________________________________________

 1|providers beyond those necessary to enforce the requirements of the    |
  |                                                                       |
 2|Oklahoma Education Freedom Account Program.                            |
  |                                                                       |
 3|    F.  Upon a judicial finding of noncompliance with the provisions   |
  |                                                                       |
 4|of subsections D and E of this section, the Agency shall receive a     |
  |                                                                       |
 5|five percent (5%) decrease in state funding for the fiscal year        |
  |                                                                       |
 6|following the year of noncompliance.                                   |
  |                                                                       |
 7|    G.  A parent or legal guardian of an Oklahoma Education Freedom    |
  |                                                                       |
 8|Account student shall have a cause of action against the Agency for    |
  |                                                                       |
 9|noncompliance with the provisions of subsections D and E of this       |
  |                                                                       |
10|section.                                                               |
  |                                                                       |
11|    SECTION 5.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
12|in the Oklahoma Statutes as Section 28-104 of Title 70, unless there   |
  |                                                                       |
13|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
14|    There is hereby created in the State Treasury a revolving fund     |
  |                                                                       |
15|for the Office of the State Treasurer to be designated the "Oklahoma   |
  |                                                                       |
16|Education Freedom Account Revolving Fund".  The fund shall be a        |
  |                                                                       |
17|continuing fund, not subject to fiscal year limitations, and shall     |
  |                                                                       |
18|consist of all monies received by the Office of the State Treasurer    |
  |                                                                       |
19|from appropriations, gifts, grants, donations, and bequests.  All      |
  |                                                                       |
20|monies accruing to the credit of the fund are hereby appropriated      |
  |                                                                       |
21|and may be budgeted and expended by the Office of the State            |
  |                                                                       |
22|Treasurer for the purpose of implementing the provisions of the        |
  |                                                                       |
23|Oklahoma Education Freedom Act.  Expenditures from the fund shall be   |
  |                                                                       |
24|made upon warrants issued by the State Treasurer against claims        |
  |                                                                       |
   Req. No. 57                                                     Page 17
___________________________________________________________________________

 1|filed as prescribed by law with the Director of the Office of          |
  |                                                                       |
 2|Management and Enterprise Services for approval and payment.           |
  |                                                                       |
 3|    SECTION 6.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 4|in the Oklahoma Statutes as Section 28-105 of Title 70, unless there   |
  |                                                                       |
 5|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
 6|    A.  In any legal proceeding challenging the application of the     |
  |                                                                       |
 7|Oklahoma Education Freedom Act to an education service provider, the   |
  |                                                                       |
 8|state shall bear the burden of establishing both that its action is    |
  |                                                                       |
 9|necessary and that it does not impose any undue burden on the          |
  |                                                                       |
10|education service provider.                                            |
  |                                                                       |
11|    B.  No liability shall arise on the part of the Agency, the        |
  |                                                                       |
12|state, a public school district, a public charter school, or a         |
  |                                                                       |
13|magnet school based on the award of or use of an Oklahoma Education    |
  |                                                                       |
14|Freedom Account pursuant to this act.                                  |
  |                                                                       |
15|    C.  If any part of the Oklahoma Education Freedom Act is           |
  |                                                                       |
16|challenged in a state court as violating either the state or federal   |
  |                                                                       |
17|constitutions, parents of eligible students and Oklahoma Education     |
  |                                                                       |
18|Freedom Account students shall be permitted to intervene for the       |
  |                                                                       |
19|purposes of defending the Oklahoma Education Freedom Account           |
  |                                                                       |
20|Program's constitutionality.  However, for the purposes of judicial    |
  |                                                                       |
21|administration, a court may require that all parents of eligible       |
  |                                                                       |
22|students and Oklahoma Education Freedom Account students file a        |
  |                                                                       |
23|joint brief so long as they are not required to join any brief filed   |
  |                                                                       |
24|on behalf of any named state defendant.                                |
  |                                                                       |
   Req. No. 57                                                     Page 18
___________________________________________________________________________

 1|    D.  The provisions of the Oklahoma Education Freedom Act shall     |
  |                                                                       |
 2|be severable, and if any provision of the Oklahoma Education Freedom   |
  |                                                                       |
 3|Act or the application thereof to any person or circumstances is       |
  |                                                                       |
 4|held invalid, such invalidity shall not affect the other provisions    |
  |                                                                       |
 5|or applications of this act, which can be given effect without the     |
  |                                                                       |
 6|invalid provision or application.                                      |
  |                                                                       |
 7|    SECTION 7.     NEW LAW     A new section of law not to be          |
  |                                                                       |
 8|codified in the Oklahoma Statutes reads as follows:                    |
  |                                                                       |
 9|    It is the intent of the Legislature to increase the amount         |
  |                                                                       |
10|appropriated to the State Board of Education for the financial         |
  |                                                                       |
11|support of public schools from the midyear adjusted level of Two       |
  |                                                                       |
12|Billion Four Hundred Twenty-five Million Two Hundred Fifty-six         |
  |                                                                       |
13|Thousand Five Hundred Ninety-eight Dollars ($2,425,256,598.00) for     |
  |                                                                       |
14|the fiscal year ending June 30, 2023, to Two Billion Seven Hundred     |
  |                                                                       |
15|Million Dollars ($2,700,000,000.00) for the fiscal year ending June    |
  |                                                                       |
16|30, 2024, to accomplish the purposes of this act.                      |
  |                                                                       |
17|    SECTION 8.  This act shall become effective July 1, 2023.          |
  |                                                                       |
18|    SECTION 9.  It being immediately necessary for the preservation    |
  |                                                                       |
19|of the public peace, health, or safety, an emergency is hereby         |
  |                                                                       |
20|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
21|be in full force from and after its passage and approval.              |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|    59-1-57        EB        1/19/2023 9:48:39 AM                      |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 57                                                     Page 19
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