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