1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 943 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to students; creating the Oklahoma | | Parent Empowerment Act for Kids; providing short | 8| title; providing legislative intent; defining terms; | | creating the Oklahoma Parent Empowerment Act for Kids | 9| Program; providing for administration; providing | | method of application; directing publication of | 10| application; requiring procedures to approve | | applications within certain time period; providing | 11| for contents of parent agreement; providing certain | | construction; requiring renewal of OK PEAK Accounts | 12| on annual basis; allowing closure of accounts under | | certain circumstances; requiring notification within | 13| certain time period of certain student re-enrolling | | in certain school; providing for suspension of | 14| deposits into account; providing for remittance of | | unused funds; providing for calculation of State Aid | 15| amount; requiring transfer of certain calculated | | amount on a monthly basis; prohibiting certain | 16| provider from sharing, refunding, or rebating an | | amount with a parent or certain student; prohibiting | 17| personal deposits into certain account; prohibiting | | certain funds from being considered income; providing | 18| for accrual of account funds; requiring certain | | agency to maintain list of certain providers; | 19| requiring certain agency to provide certain | | information to certain parents; requiring notice to | 20| be provided to parents of certain children; allowing | | certain agency to contract with certain firm or | 21| organization; allowing withholding of certain | | percentage of funds to administer program; requiring | 22| the establishment of certain payment system; | | requiring implementation of certain system to share | 23| information about education service providers; | | providing for partial payment to an education service | 24| provider; authorizing certain auditing; providing for | | the removal of certain parent or student from | Req. No. 1634 Page 1 ___________________________________________________________________________
1| eligibility under certain circumstances; providing | | for appeal; allowing referral for certain | 2| investigation; allowing for payments to cease to | | certain providers under certain circumstances; | 3| providing for appeal; allowing acceptance of gifts | | and grants for certain purposes; providing for | 4| promulgation of rules; providing process for | | approving education service providers; directing | 5| provision of certain student records in accordance | | with certain act; providing certain construction; | 6| directing certain decrease in state funding upon | | certain finding of noncompliance; creating cause of | 7| action for certain noncompliance; creating the OK | | PEAK Account Revolving Fund; specifying sources of | 8| fund; providing for expenditures; providing purpose | | of fund; providing for establishment of burden in | 9| certain legal proceeding; providing immunity from | | liability for certain actions; allowing certain | 10| parents to intervene in certain legal proceeding; | | providing for severability; providing for | 11| codification; providing an effective date; and | | declaring an emergency. | 12| | | | 13| | | | 14| | | | 15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 16| SECTION 1. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 28-100 of Title 70, unless there | | | 18|is created a duplication in numbering, reads as follows: | | | 19| A. This act shall be known and may be cited as the "Oklahoma | | | 20|Parent Empowerment Act for Kids". | | | 21| B. It is the intent of the Legislature that parents, legal | | | 22|guardians, and others with legal authority over children in this | | | 23|state be able to access educational services that meet the needs of | | | 24|their individual children by directing State Aid for which each | | | Req. No. 1634 Page 2 ___________________________________________________________________________
1|child is eligible to the education provider of their choice. The | | | 2|Legislature affirms that parents and legal guardians are best suited | | | 3|to make decisions to help children in this state reach their full | | | 4|potential and achieve a brighter future. | | | 5| SECTION 2. NEW LAW A new section of law to be codified | | | 6|in the Oklahoma Statutes as Section 28-101 of Title 70, unless there | | | 7|is created a duplication in numbering, reads as follows: | | | 8| A. As used in the Oklahoma Parent Empowerment Act for Kids: | | | 9| 1. "Agency" means the Office of the State Treasurer; | | | 10| 2. "Curriculum" means a complete course of study for a | | | 11|particular content area or grade level; | | | 12| 3. "Oklahoma Parent Empowerment Act for Kids Account" or "OK | | | 13|PEAK Account" means the account in which funds are deposited by the | | | 14|Agency to pay for qualifying education expenses for an OK PEAK | | | 15|student; | | | 16| 4. "Education service provider" means a person, business, | | | 17|public school district, public charter school, magnet school, | | | 18|institution within The Oklahoma State System of Higher Education, or | | | 19|organization that receives payments from a parent directing an OK | | | 20|PEAK Account to provide educational goods and/or services to OK PEAK | | | 21|students; | | | 22| 5. "Eligible student" means: | | | 23| a. a resident of this state who lives in a county with a | | | 24| population of more than ten thousand (10,000) or whose | | | Req. No. 1634 Page 3 ___________________________________________________________________________
1| parent works in a county with a population of more | | | 2| than ten thousand (10,000) according to the latest | | | 3| Federal Decennial Census, and who is eligible to | | | 4| enroll in a public school in this state, or | | | 5| b. a resident of this state who lives in a county with a | | | 6| population of less than ten thousand (10,000) | | | 7| according to the latest Federal Decennial Census and | | | 8| who is eligible to enroll in a public school in this | | | 9| state that has been determined by a reporting agency | | | 10| to be a trigger district; | | | 11| 6. "OK PEAK student" means an eligible student approved for | | | 12|participation in the OK PEAK Account Program; | | | 13| 7. "Parent" means a biological or adoptive parent, legal | | | 14|guardian, custodian, or other person with legal authority to act on | | | 15|behalf of an eligible student; | | | 16| 8. "Qualified expense" means the following services provided by | | | 17|an education service provider: | | | 18| a. tuition and/or fees at a private school accredited or | | | 19| in the process of obtaining accreditation by the State | | | 20| Board of Education or another accrediting association | | | 21| approved by the State Board of Education, | | | 22| b. tuition and/or fees for non-public online learning | | | 23| programs, | | | 24| | | | Req. No. 1634 Page 4 ___________________________________________________________________________
1| c. tutoring services provided by an individual or a | | | 2| tutoring facility, | | | 3| d. services contracted for and provided by a public | | | 4| school district, public charter school, or magnet | | | 5| school including but not limited to classes and | | | 6| extracurricular activities and programs, | | | 7| e. textbooks, curriculum, or other instructional | | | 8| materials including but not limited to supplemental | | | 9| materials or associated online instruction required by | | | 10| an education service provider, | | | 11| f. computer hardware or other technological devices, | | | 12| educational software, and applications that are used | | | 13| to meet an OK PEAK student's curriculum needs, | | | 14| g. tuition and/or fees for a curriculum or program, | | | 15| along with related instruments, supplies, accessories, | | | 16| and materials, that provides instruction in drama, | | | 17| music, speech and debate, agriculture, or other | | | 18| similar activities, | | | 19| h. school uniforms, | | | 20| i. fees for nationally standardized assessments | | | 21| including but not limited to assessments used to | | | 22| determine college admission and advanced placement | | | 23| examinations as well as tuition and/or fees for | | | 24| tutoring or preparatory courses for the assessments, | | | Req. No. 1634 Page 5 ___________________________________________________________________________
1| j. tuition and/or fees for summer education programs and | | | 2| specialized after-school education programs; provided, | | | 3| however, that such expense does not include | | | 4| before-school or after-school childcare, | | | 5| k. tuition, fees, instructional materials, and | | | 6| assessment fees for a curriculum or program offered by | | | 7| a technology center school, | | | 8| l. educational services and therapies including but not | | | 9| limited to occupational, behavioral, physical, | | | 10| speech-language, and audiology therapies, | | | 11| m. tuition and fees for concurrent enrollment at an | | | 12| institution within The Oklahoma State System of Higher | | | 13| Education, | | | 14| n. fees for transportation paid to a fee-for-service | | | 15| provider for the student to travel to and from an | | | 16| education service provider, or | | | 17| o. any other qualified expense approved by the Agency; | | | 18| 9. "Reporting agency" means: | | | 19| a. the parent's state representative or state senator, | | | 20| b. the board of education for the resident district of | | | 21| the parent, as determined by Section 1-113 of Title 70 | | | 22| of the Oklahoma Statutes, | | | 23| c. the State Board of Education, or | | | 24| | | | Req. No. 1634 Page 6 ___________________________________________________________________________
1| d. the county sheriff for the county in which the parent | | | 2| resides; and | | | 3| 10. "Trigger district" means a school district in this state | | | 4|where any of the following concepts or activities have been | | | 5|advocated or tolerated: | | | 6| a. violations of Section 24-157 of Title 70 of the | | | 7| Oklahoma Statutes, | | | 8| b. violations of Section 1-125 of Title 70 of the | | | 9| Oklahoma Statutes, | | | 10| c. violations of Section 27-106 of Title 70 of the | | | 11| Oklahoma Statutes, | | | 12| d. instruction in gender identity and sexual orientation | | | 13| including instruction designed to promote gender | | | 14| confusion, | | | 15| e. possession of books which contain obscene material as | | | 16| defined by Section 1024.1 of Title 21 of the Oklahoma | | | 17| Statutes, | | | 18| f. curriculum which is sexual in nature, except as | | | 19| provided for in Section 11-105.1 of Title 70 of the | | | 20| Oklahoma Statutes, | | | 21| g. the presence of any school employee or volunteer | | | 22| engaged in anthropomorphic behavior commonly referred | | | 23| to as furries, | | | 24| | | | Req. No. 1634 Page 7 ___________________________________________________________________________
1| h. climate change ideology including, but not limited | | | 2| to, disparaging the oil and natural gas industry or | | | 3| the agriculture industry, | | | 4| i. curriculum promoting social and emotional learning, | | | 5| j. curriculum promoting animal rights activism, | | | 6| k. instruction that disparages the Second Amendment to | | | 7| the United States Constitution, | | | 8| l. ideology that encourages efforts to defund the | | | 9| police, or | | | 10| m. curriculum promoting a Marxist ideology including, | | | 11| but not limited to, violations of Section 1266.4 of | | | 12| Title 21 of the Oklahoma Statutes. | | | 13| B. There is hereby created the Oklahoma Parent Empowerment Act | | | 14|for Kids or OK PEAK Program to be administered by the Agency to | | | 15|provide an OK PEAK Account for qualified expenses to support the | | | 16|education of OK PEAK students in this state. | | | 17| C. 1. To apply for an OK PEAK Account, a parent of an eligible | | | 18|student shall submit an application to the Agency on a form | | | 19|prescribed by the Agency and published on its website. The | | | 20|application may be submitted online or by mail. | | | 21| 2. The Agency shall establish procedures to approve | | | 22|applications within ten (10) business days after receipt. There | | | 23|shall be no deadline for submission of applications. Applications | | | 24| | | | Req. No. 1634 Page 8 ___________________________________________________________________________
1|shall be approved if the parent signs an agreement to do all of the | | | 2|following: | | | 3| a. use the OK PEAK Account only for qualified expenses | | | 4| to provide an education for an eligible student in at | | | 5| least the subjects of reading, English language arts, | | | 6| mathematics, science, and social studies, | | | 7| b. not enroll the eligible student as a full-time | | | 8| student in a public school district, public charter | | | 9| school, or magnet school after acceptance of an OK | | | 10| PEAK Account, | | | 11| c. comply with rules and requirements of the OK PEAK | | | 12| Account Program established by the Agency, and | | | 13| d. not accept a scholarship from the Lindsey Nicole | | | 14| Henry Scholarships for Students with Disabilities | | | 15| Program created by Section 13-101.2 of Title 70 of the | | | 16| Oklahoma Statutes while participating in the OK PEAK | | | 17| Account Program. | | | 18| 3. No student shall, on the grounds of race, color, or national | | | 19|origin, be excluded from participation in, be denied the benefits | | | 20|of, or be subjected to discrimination under the OK PEAK Account | | | 21|Program. | | | 22| D. Nothing in this act shall be construed to require that an OK | | | 23|PEAK student be enrolled full time or part time in a private school | | | 24|or a nonpublic online school. | | | Req. No. 1634 Page 9 ___________________________________________________________________________
1| E. The Agency shall renew OK PEAK Accounts on an annual basis. | | | 2|An account may be closed if: | | | 3| 1. The parent of an OK PEAK student re-enrolls the student as a | | | 4|full-time student in a public school, as provided for by subsection | | | 5|F of this section; | | | 6| 2. The Agency closes the account due to intentional misuse as | | | 7|provided for in Section 3 of this act; or | | | 8| 3. The OK PEAK student graduates from high school or reaches | | | 9|the age of twenty-one (21), whichever comes first. | | | 10| F. The parent of an OK PEAK student shall notify the Agency | | | 11|within five (5) days of the student re-enrolling in a public school | | | 12|district, public charter school, or magnet school. Upon receipt of | | | 13|the notification required by this subsection, the Agency shall | | | 14|suspend deposits into the student's OK PEAK Account. Any unused | | | 15|funds remaining in the OK PEAK Account at the end of the applicable | | | 16|calendar year shall be remitted to the General Revenue Fund. | | | 17| G. 1. For each eligible student approved to participate in the | | | 18|OK PEAK Account Program, the Agency shall notify the State | | | 19|Department of Education and request calculation of the amount of | | | 20|State Aid for which the student is eligible. Within ten (10) | | | 21|business days of receiving the request, the State Department of | | | 22|Education shall notify the Agency of the calculated amount, which | | | 23|shall be equivalent to the total State Aid factors including pupil | | | 24|category weights for the applicable school year multiplied by the | | | Req. No. 1634 Page 10 ___________________________________________________________________________
1|grade weight generated by the student for the applicable school | | | 2|year. | | | 3| 2. The State Department of Education on a monthly basis shall | | | 4|transfer to the Agency for deposit into the OK PEAK Account | | | 5|Revolving Fund created pursuant to Section 5 of this act an amount | | | 6|equal to one-twelfth (1/12) of the total amount necessary to fund | | | 7|all OK PEAK Accounts requested for the applicable school year. | | | 8|Within ten (10) business days of a deposit required by this | | | 9|paragraph, the Office of the State Treasurer shall make funds | | | 10|available in OK PEAK Accounts. | | | 11| 3. Prior to the monthly deposit required by this subsection, | | | 12|the Agency shall notify the State Department of Education if changes | | | 13|to the number of participating OK PEAK students will result in a | | | 14|modification of the monthly deposit amount. | | | 15| H. An education service provider shall not share, refund, or | | | 16|rebate any amount of an OK PEAK Account with the parent or OK PEAK | | | 17|student. A refund or rebate for goods or services purchased with an | | | 18|OK PEAK Account shall be credited to the OK PEAK Account. | | | 19| I. Parents shall be prohibited from making personal deposits | | | 20|into an OK PEAK Account. However, no parent shall be restricted | | | 21|from making payments for educational goods and services not covered | | | 22|by funds in a student's OK PEAK Account. | | | 23| J. Monies received pursuant to the OK PEAK Account Program | | | 24| | | | Req. No. 1634 Page 11 ___________________________________________________________________________
1|shall not constitute taxable income to the parent or OK PEAK | | | 2|student. | | | 3| K. Funds deposited into an OK PEAK Account but unused shall | | | 4|accrue from month to month and from year to year unless the account | | | 5|is closed pursuant to the provisions of subsection E of this | | | 6|section. | | | 7| SECTION 3. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 28-102 of Title 70, unless there | | | 9|is created a duplication in numbering, reads as follows: | | | 10| A. To implement the provisions of the Oklahoma Parent | | | 11|Empowerment Act for Kids, the Agency shall maintain and make | | | 12|publicly available on its website an updated list of education | | | 13|service providers. | | | 14| B. The Agency shall provide parents of OK PEAK students a | | | 15|written explanation of qualified expenses for which an OK PEAK | | | 16|Account may be used, the responsibilities of parents, the duties of | | | 17|the Agency, and the role of any private financial management firm or | | | 18|other private organization with which the Agency may contract to | | | 19|administer the Oklahoma Parent Empowerment Act for Kids. | | | 20| C. The Agency shall provide parents of OK PEAK students with | | | 21|disabilities notice that participation in the OK PEAK Account | | | 22|Program shall have the same effect as a parental revocation of | | | 23|consent pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of | | | 24|the Individuals with Disabilities Education Act (IDEA) and an | | | Req. No. 1634 Page 12 ___________________________________________________________________________
1|explanation of the rights parents of OK PEAK students with | | | 2|disabilities have under IDEA and any applicable state laws and | | | 3|regulations. | | | 4| D. The Agency may contract with a private financial management | | | 5|firm or other private organization to administer in full or in part | | | 6|the OK PEAK Account Program. | | | 7| E. The Agency may withhold funding from deposits made pursuant | | | 8|to subsection G of Section 2 of this act to administer the OK PEAK | | | 9|Account Program in an amount not to exceed five percent (5%) | | | 10|annually for the first two years after the effective date of this | | | 11|act and three percent (3%) annually thereafter. | | | 12| F. The Agency shall establish a commercially viable, | | | 13|cost-effective, and parent-friendly system of payment for services | | | 14|from OK PEAK Accounts to education service providers by electronic | | | 15|or online funds transfer. | | | 16| 1. The system of payment established pursuant to this | | | 17|subsection shall provide maximum flexibility for parents by | | | 18|facilitating direct payments to education service providers whenever | | | 19|possible, provide a parent-friendly system for requests for | | | 20|pre-approval of qualified expenses, and timely reimbursement for | | | 21|qualified expenses. | | | 22| 2. The Agency may contract with private entities to develop the | | | 23|payment system. | | | 24| | | | Req. No. 1634 Page 13 ___________________________________________________________________________
1| G. The Agency shall implement a commercially viable, | | | 2|cost-effective, and parent-friendly system for parents to publicly | | | 3|rate, review, and share information about education service | | | 4|providers. | | | 5| H. If an education service provider requires partial payment of | | | 6|tuition or fees to reserve a place for an OK PEAK student prior to | | | 7|the start of the school year, the partial payment may be paid by the | | | 8|Agency prior to the start of the school year in which the OK PEAK | | | 9|Account is opened and deducted in equal amounts from monthly | | | 10|deposits into OK PEAK Accounts. If the parent of an OK PEAK student | | | 11|chooses not to use the education service provider, the partial | | | 12|reservation payment shall be remitted to the Agency within fifteen | | | 13|(15) business days of notification of the decision and credited to | | | 14|the OK PEAK student's OK PEAK Account. | | | 15| I. The Agency shall have the authority to conduct an audit or | | | 16|contract for the auditing of OK PEAK Accounts and shall conduct | | | 17|random audits of ten percent (10%) of OK PEAK Accounts on an annual | | | 18|basis. | | | 19| J. The Agency shall have the authority to remove any parent or | | | 20|OK PEAK student from eligibility for an OK PEAK Account in the event | | | 21|of intentional and substantial misuse of OK PEAK Account funds. | | | 22| 1. The Agency shall create procedures to ensure a fair process | | | 23|to determine whether an intentional and substantial misuse of OK | | | 24|PEAK Account funds has occurred. If misuse by a parent is | | | Req. No. 1634 Page 14 ___________________________________________________________________________
1|established but the OK PEAK student is determined to be free from | | | 2|personal misconduct, he or she shall be eligible for an OK PEAK | | | 3|Account in the future if placed with a different parent, guardian, | | | 4|or other person with legal authority to act on behalf of the | | | 5|student. | | | 6| 2. The Agency shall have the authority to refer suspected cases | | | 7|of intentional and substantial misuse of OK PEAK Account funds to | | | 8|the Attorney General for investigation if evidence of fraudulent use | | | 9|of funds is obtained. | | | 10| 3. A parent or OK PEAK student may, pursuant to the | | | 11|Administrative Procedures Act, appeal the Agency's decision to | | | 12|remove the parent or student from eligibility for an OK PEAK | | | 13|Account. | | | 14| K. The Agency may cease payments to an education service | | | 15|provider from OK PEAK Accounts if the Agency determines the | | | 16|education service provider has: | | | 17| 1. Intentionally and substantially misrepresented information | | | 18|or failed to refund any overpayments in a timely manner; or | | | 19| 2. Routinely failed to provide OK PEAK students with promised | | | 20|educational goods or services. | | | 21| L. The Agency shall create procedures to ensure a fair process | | | 22|to determine whether an education service provider should be | | | 23|prohibited from receiving payments from OK PEAK Accounts. | | | 24| | | | Req. No. 1634 Page 15 ___________________________________________________________________________
1| 1. If the Agency prohibits an education service provider from | | | 2|receiving payments pursuant to this subsection, the Agency shall | | | 3|notify parents and OK PEAK students of its decision within ten (10) | | | 4|days. | | | 5| 2. Education service providers may, pursuant to the | | | 6|Administrative Procedures Act, appeal the Agency's decision to | | | 7|prohibit them from receiving OK PEAK Account payments. | | | 8| M. The Agency may accept gifts and grants from any source to | | | 9|support administration of the OK PEAK Account Program, to inform the | | | 10|public about the OK PEAK Account Program, and to fund additional OK | | | 11|PEAK Accounts. | | | 12| N. The Agency may promulgate rules to implement the provisions | | | 13|of this act, which shall include but not be limited to: | | | 14| 1. Establishing or contracting for the establishment of an | | | 15|online anonymous fraud reporting service; | | | 16| 2. Establishing an anonymous telephone hotline for fraud | | | 17|reporting; | | | 18| 3. Requiring a surety bond for education service providers | | | 19|receiving more than One Hundred Thousand Dollars ($100,000.00) in OK | | | 20|PEAK Account funds; and | | | 21| 4. Refunding payments from education service providers back to | | | 22|OK PEAK Accounts. | | | 23| | | | 24| | | | Req. No. 1634 Page 16 ___________________________________________________________________________
1| SECTION 4. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 28-103 of Title 70, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| A. The Agency may approve education service providers on its | | | 5|own initiative, at the request of parents, or at the request of a | | | 6|prospective education service provider. | | | 7| B. A prospective education service provider seeking to | | | 8|participate in the OK PEAK Account Program shall: | | | 9| 1. Submit notice to the Agency that it wishes to participate | | | 10|and receive OK PEAK Account funds designated by parents for payment | | | 11|of educational goods and services; and | | | 12| 2. Agree not to refund, rebate, or share OK PEAK Account funds | | | 13|with parents or OK PEAK students in any manner, except that funds | | | 14|may be remitted or refunded to an OK PEAK Account. | | | 15| C. A public school district, public charter school, or magnet | | | 16|school in which an OK PEAK student was enrolled shall provide a | | | 17|private school that is an education service provider and that has an | | | 18|OK PEAK student enrolled with a complete copy of the OK PEAK | | | 19|student's records within five (5) business days of receiving the | | | 20|request for records. The provision of records pursuant to this | | | 21|subsection shall be in accordance with the provisions of the Family | | | 22|Educational Rights and Privacy Act of 1974 (FERPA). | | | 23| D. Nothing in this act shall limit the independence or autonomy | | | 24|of an education service provider or make the actions of an education | | | Req. No. 1634 Page 17 ___________________________________________________________________________
1|service provider the actions of state government. Education service | | | 2|providers shall be given maximum freedom to provide for the | | | 3|educational needs of OK PEAK students without governmental control. | | | 4| 1. An education service provider that accepts payment from an | | | 5|OK PEAK Account as directed by parents pursuant to this act shall | | | 6|not be considered an agent of the state or federal government. | | | 7| 2. An education service provider shall not be required to alter | | | 8|its creed, practices, admissions policy, or curriculum to accept | | | 9|payments as directed by parents from an OK PEAK Account. | | | 10| E. Nothing in this act shall be construed to expand the | | | 11|regulatory authority of the state, its officers, or any public | | | 12|school to impose any additional regulation of education service | | | 13|providers beyond those necessary to enforce the requirements of the | | | 14|OK PEAK Account Program. | | | 15| F. Upon a finding of noncompliance with the provisions of | | | 16|subsections D and E of this section by the Attorney General, the | | | 17|Agency shall receive a five percent (5%) reduction in state funding | | | 18|for the fiscal year following the year of noncompliance. | | | 19| G. A parent of an OK PEAK student shall have a cause of action | | | 20|against the Agency for noncompliance with the provisions of | | | 21|subsections D and E of this section. | | | 22| SECTION 5. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 28-104 of Title 70, unless there | | | 24|is created a duplication in numbering, reads as follows: | | | Req. No. 1634 Page 18 ___________________________________________________________________________
1| There is hereby created in the State Treasury a revolving fund | | | 2|for the Office of the State Treasurer to be designated the "OK PEAK | | | 3|Account Revolving Fund". The fund shall be a continuing fund, not | | | 4|subject to fiscal year limitations, and shall consist of all monies | | | 5|received by the Office of the State Treasurer from appropriations, | | | 6|gifts, grants, donations, and bequests. All monies accruing to the | | | 7|credit of the fund are hereby appropriated and may be budgeted and | | | 8|expended by the Office of the State Treasurer for the purpose of | | | 9|implementing the provisions of the Oklahoma Parent Empowerment Act | | | 10|for Kids. Expenditures from the fund shall be made upon warrants | | | 11|issued by the State Treasurer against claims filed as prescribed by | | | 12|law with the Director of the Office of Management and Enterprise | | | 13|Services for approval and payment. | | | 14| SECTION 6. NEW LAW A new section of law to be codified | | | 15|in the Oklahoma Statutes as Section 28-105 of Title 70, unless there | | | 16|is created a duplication in numbering, reads as follows: | | | 17| A. In any legal proceeding challenging the application of the | | | 18|Oklahoma Parent Empowerment Act for Kids to an education service | | | 19|provider, the state bears the burden of establishing both that its | | | 20|action is necessary and that it does not impose any undue burden on | | | 21|the education service provider. | | | 22| B. No liability shall arise on the part of the Agency, the | | | 23|state, a public school district, a public charter school, or a | | | 24| | | | Req. No. 1634 Page 19 ___________________________________________________________________________
1|magnet school based on the award of or use of an OK PEAK Account | | | 2|pursuant to this act. | | | 3| C. If any part of the Oklahoma Parent Empowerment Act for Kids | | | 4|is challenged in a state court as violating either the state or | | | 5|federal constitutions, parents of eligible students and OK PEAK | | | 6|students shall be permitted to intervene for the purposes of | | | 7|defending the OK PEAK Account Program's constitutionality. However, | | | 8|for the purposes of judicial administration, a court may require | | | 9|that all parents of eligible students and OK PEAK students file a | | | 10|joint brief so long as they are not required to join any brief filed | | | 11|on behalf of any named state defendant. | | | 12| D. The provisions of the Oklahoma Parent Empowerment Act for | | | 13|Kids shall be severable, and if any provision of the Oklahoma Parent | | | 14|Empowerment Act for Kids or the application thereof to any person or | | | 15|circumstances is held invalid, such invalidity shall not affect the | | | 16|other provisions or applications of this Act, which can be given | | | 17|effect without the invalid provision or application. | | | 18| SECTION 7. This act shall become effective July 1, 2023. | | | 19| SECTION 8. It being immediately necessary for the preservation | | | 20|of the public peace, health, or safety, an emergency is hereby | | | 21|declared to exist, by reason whereof this act shall take effect and | | | 22|be in full force from and after its passage and approval. | | | 23| | | | 24| 59-1-1634 EB 1/19/2023 12:30:21 PM | | | Req. No. 1634 Page 20