1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 833 By: Paxton |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to school district boards of |
| education; amending 70 O.S. 2021, Section 5-110, |
8| which relates to instruction for board of education |
| members; removing outdated language; removing |
9| language requiring certain member to agree in writing |
| to education requirements; allowing rather than |
10| requiring certain instruction; changing time period |
| in which member may complete certain training; |
11| reducing number of hours of instruction; removing |
| requirement for training in certain topics; removing |
12| ability for certain type of organization to offer |
| certain training; removing education requirements for |
13| certain incumbent board members; directing board |
| members to represent certain interests; removing |
14| language regarding penalties for failing to complete |
| certain instruction; allowing a board member's |
15| district to be charged for certain attendance upon |
| completion; amending 70 O.S. 2021, Section 5-110.2, |
16| which relates to attendance records of school board |
| members; directing school districts to maintain |
17| records rather than the State Board of Education; |
| requiring records to be posted on certain website; |
18| removing language regarding certain notification; |
| repealing 70 O.S. 2021, Section 5-110.1, which |
19| relates to continuing education requirements for |
| board members; providing an effective date; and |
20| declaring an emergency. |
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21| |
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22|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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23| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-110, is |
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24|amended to read as follows: |
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1| Section 5-110. A. A school district elector who is elected or |
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2|appointed to be a member of a school district board of education |
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3|prior to January 1, 2014, shall obtain instruction on education |
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4|issues in accordance with rules promulgated by the State Board of |
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5|Education. Except as provided in subsection B of this section, at |
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6|the time a school district elector files a notification and |
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7|declaration of candidacy for the office of school district board of |
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8|education membership or is appointed to be a member of a school |
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9|district board of education on or after January 1, 2014, the elector |
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10|shall agree and pledge in writing that, within fifteen (15) Within |
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11|six (6) months of election or appointment as a member of the |
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12|district board of education, the member will may complete at least |
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13|twelve (12) three (3) hours of instruction on education issues in |
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14|the following areas: school finance; legal issues, which include but |
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15|are not limited to employment, due process, new laws, the Oklahoma |
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16|Open Records Act and the Oklahoma Open Meeting Act; and duties and |
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17|responsibilities, which include but are not limited to special |
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18|education and ethics, of district board of education members. Each |
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19|elector shall agree and pledge in writing to complete at least one |
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20|(1) hour of instruction in school finance, one (1) hour of |
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21|instruction in the Oklahoma Open Records Act and the Oklahoma Open |
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22|Meeting Act, and one (1) hour of instruction in school law and |
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23|ethics. The remaining hours may be satisfied by attending a two-day |
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24|workshop to be held within the state Training shall be provided by |
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1|the State Department of Education, by and/or the Oklahoma Department |
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2|of Career and Technology Education, or by attending workshops, |
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3|seminars or classes which address the above-mentioned subject |
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4|matter, and which are sponsored by any organization approved by the |
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5|State Board of Education, including but not limited to institutions |
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6|of higher education. The State Board of Education shall promulgate |
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7|rules by which an organization or particular courses offered by an |
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8|organization may be approved for purposes of fulfilling the |
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9|instructional requirements set out in this section. |
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10| B. When an incumbent of a district board of education files a |
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11|notification and declaration of candidacy for reelection to the |
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12|district board of education, the member shall be required to agree |
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13|and pledge in writing that upon reelection the member will complete |
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14|six (6) hours of instruction, within fifteen (15) months of |
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15|election, including one (1) hour of instruction in school finance, |
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16|one (1) hour of instruction in the Oklahoma Open Records Act and the |
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17|Oklahoma Open Meeting Act and one (1) hour of instruction in ethics. |
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18| The remaining hours may be satisfied by attending a workshop, class |
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19|or seminar addressing the education issues set forth in subsection A |
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20|of this section. Each elected or appointed school district board of |
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21|education member shall represent the interests of his or her |
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22|constituents and hold the school district superintendent to the |
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23|same. |
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24| |
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1| C. The State Department of Education shall, immediately after |
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2|the annual elections of various district board of education members, |
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3|determine the members of the district boards of education pledged to |
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4|complete the instructional requirements established in subsections A |
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5|and B of this section, and shall notify the members of the time and |
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6|place where training workshops, classes, and seminars are to be |
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7|conducted. Upon completion of the instructional requirements, the |
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8|certificate of completion shall be included in the public records of |
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9|the school board's minutes. Each school board member, except for an |
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10|incumbent member, shall be required within fifteen (15) months |
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11|following or preceding election to complete the workshop established |
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12|by subsection A of this section or to attend twelve (12) hours of |
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13|other state workshops, classes or seminars conducted as instruction |
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14|on the subjects of school finance, legal issues, and the ethics, |
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15|duties and responsibilities of district board of education members, |
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16|including at least one (1) hour of instruction in school finance, |
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17|one (1) hour of instruction in the Oklahoma Open Records Act and the |
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18|Oklahoma Open Meeting Act and one (1) hour of instruction in ethics. |
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19| D. If a school board member, including an incumbent member, has |
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20|not satisfied the instructional requirements as set forth in this |
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21|section within fifteen (15) months of election, reelection or |
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22|appointment, the district board of education shall declare the seat |
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23|of the member vacant within sixty (60) days of the final date that |
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24|the member has to complete the requirements as indicated by receipt |
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1|of the certified notice from the State Board of Education as |
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2|provided for pursuant to Section 5-110.2 of this title and shall |
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3|fill the vacancy according to law. A school board member who is |
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4|required to vacate a school board seat pursuant to this subsection |
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5|and Section 5-110.2 of this title shall be ineligible to be |
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6|reappointed to, to run for reelection to or to hold that respective |
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7|board seat on the school district board of education or to run for |
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8|election to or to hold any other board seat on the board of |
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9|education for a two-year period. |
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10| E. D. All government departments, agencies, and institutions of |
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11|this state are directed to lend assistance as may be required by the |
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12|State Department of Education for the proper conduct and |
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13|administration of the workshops as authorized in subsection A of |
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14|this section. The State Department of Education shall maintain a |
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15|permanent record of the instructional hours and continuing education |
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16|hours earned for each district board of education member. |
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17| F. E. The State Department of Education, and/or the Oklahoma |
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18|Department of Career and Technology Education, and, upon approval of |
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19|the State Board of Education, any organization or association |
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20|representing district boards of education in this state are |
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21|authorized to charge persons pledged to attend the school board |
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22|member's district for attendance at a workshop, class, or seminar |
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23|for purposes of meeting the instructional requirements components of |
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24|this section, a registration fee sufficient to defray the estimated |
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1|costs of presenting the workshop, class, or seminar and to collect |
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2|the fees at the time of registration completion of the workshop, |
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3|class, or seminar. |
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4| G. F. Any member of a district board of education or any |
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5|individual elected, certified as the elected member by the county |
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6|election board, but not sworn in and seated as a member of a |
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7|district board of education at the time of a workshop, class, or |
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8|seminar presented by the State Board Department of Education, and/or |
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9|the Oklahoma Department of Career and Technology Education, or an |
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10|organization or association representing district boards of |
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11|education within the state who attends and successfully completes a |
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12|workshop, class, or seminar as required by pursuant to subsection A |
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13|or B of this section shall be reimbursed by the school district in |
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14|accordance with the travel reimbursement policy of the district. |
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15| SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-110.2, is |
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16|amended to read as follows: |
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17| Section 5-110.2. The State Board of Education Each school |
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18|district shall maintain and post on its website records of |
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19|attendance by school board members at continuing education events |
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20|required pursuant to Sections the three (3) hours of training |
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21|described by subsection A of Section 5-110 and 5-110.1 of this |
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22|title. Prior to the final opportunity for each school board member |
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23|who has not completed the continuing education requirements to |
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24|complete the same, the Board shall notify the school board member |
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1|and the school district superintendent by mail before March 1 of |
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2|each year of any final opportunity to complete these requirements |
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3|and the consequences of not completing the requirements. Upon |
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4|determining that a school board member did not complete the |
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5|continuing education requirements of Sections 5-110 or 5-110.1 |
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6|within the respective period of time, the Board shall immediately |
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7|notify by certified mail the school board member and the school |
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8|district superintendent and inform the member of the violation of |
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9|the continuing education requirements. The school board member |
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10|shall have sixty (60) days after the date of receipt of the |
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11|certified notice to complete the requirements. If the school board |
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12|member does not complete the requirements by the end of the |
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13|sixty-day time period, the school district board of education is |
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14|required to declare the seat of that member vacant. |
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15| SECTION 3. REPEALER 70 O.S. 2021, Section 5-110.1, is |
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16|hereby repealed. |
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17| SECTION 4. This act shall become effective July 1, 2023. |
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18| SECTION 5. It being immediately necessary for the preservation |
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19|of the public peace, health, or safety, an emergency is hereby |
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20|declared to exist, by reason whereof this act shall take effect and |
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21|be in full force from and after its passage and approval. |
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22| |
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23| 59-1-1543 EB 1/19/2023 10:58:21 AM |
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