Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
2 2nd Session of the 60th Legislature (2026)
3 HOUSE BILL 3698 By: Pogemiller
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6 AS INTRODUCED
7 An Act relating to unstable housing; creating the
Student Eviction Assistance Revolving Fund; directing
8 the Oklahoma State Department of Education to use the
fund to provide legal representation to certain
9 parties in forcible entry and detainer actions;
providing requirements to qualify for representation;
10 directing the Oklahoma State Department of Education
determine service area for the legal services
11 providing the representation; providing for
administrative fee; providing requirements to qualify
12 for fund; defining terms; requiring contracted
organizations to determine the eligibility of
13 individuals seeking legal services; requiring certain
report; providing for certain record keeping;
14 requiring an annual audit; providing for costs
related to audit; requiring audit report submitted to
15 State Auditor and Inspector and Attorney General;
providing for codification; and providing an
16 effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
20 SECTION 1. NEW LAW A new section of law to be codified
21 in the Oklahoma Statutes as Section 10-110 of Title 70, unless there
22 is created a duplication in numbering, reads as follows:
23 A. To help school districts address chronic absenteeism linked
24 to unstable housing, the "Student Eviction Assistance Revolving
Req. No. 14402 Page 1
1 Fund" is hereby created in the State Treasury for the Oklahoma State
2 Department of Education. The fund shall be a continuing fund, not
3 subject to fiscal year limitations, and shall consist of all monies
4 appropriated to or otherwise received by the Oklahoma State
5 Department of Education to provide legal services from funds
6 appropriated to the fund, federal funds, gifts, donations, and
7 grants. All monies accruing to the credit of said fund are hereby
8 appropriated and may be budgeted and expended by the State
9 Department of Education for the purpose of contracting for legal
10 services to provide representation for indigent tenants with
11 children enrolled in a public or private school in the state of
12 Oklahoma pursuant to the provisions of this section. Expenditures
13 from said fund shall be made upon warrants issued by the State
14 Treasurer against claims filed as prescribed by law with the
15 Director of the Office of Management and Enterprise Services for
16 approval and payment.
17 B. To the extent funds are available, The Oklahoma State
18 Department of Education shall allocate funds from the Student
19 Eviction Assistance Revolving Fund to provide legal representation
20 to indigent persons with students enrolled in a public or private
21 school in pre-kindergarten through grade 12 in this state for
22 representation in forcible entry and detainer cases (commonly
23 referred to as eviction cases) filed pursuant to The Residential
24 Landlord and Tenant Act, Sections 1148.1 through 1148.16 of Title 12
Req. No. 14402 Page 2
1 Oklahoma Statutes. To qualify for representation, the person must
2 be referred to the legal services organization by the school
3 district where the student is enrolled.
4 C. The Oklahoma State Board of Education shall be responsible
5 for determining the service area for the legal services organization
6 and for allocating the funds pursuant to contract with eligible
7 regional or statewide organizations which ordinarily render legal
8 services to indigent persons. The Oklahoma State Department of
9 Education may charge an administrative fee for administering the
10 contracts. The funds shall be allocated for the benefit of indigent
11 persons with students enrolled in a public or private school in pre-
12 kindergarten through grade 12 in all seventy-seven (77) counties of
13 the state on a formula to be determined by the State Board of
14 Education, utilizing an allocation formula that distributes funds
15 according to the number of residents whose incomes are less than the
16 official United States federal poverty guidelines, based on the
17 United States census data, as a percentage of the total number of
18 these residents in this state and on the percentage of students
19 within the school district reported to be chronically absent in the
20 previous school year.
21 D. As used in this section, "eligible organization" means an
22 entity that:
23 1. Is organized as a not-for-profit corporation that is tax
24 exempt pursuant to the provisions of paragraph (3) of subsection (c)
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1 of Section 501 of the United States Internal Revenue Code of 1986,
2 as amended;
3 2. Has as its primary purpose the furnishing of legal
4 assistance to eligible clients;
5 3. Has a board of directors or other governing body the
6 majority of which is comprised of attorneys who are admitted to
7 practice in this state and who are approved to serve on such body by
8 the governing bodies of the state or county bar associations and has
9 at least one-third (1/3) of the membership who, when selected, are
10 eligible clients; and
11 4. Is incorporated pursuant to any applicable laws of this
12 state.
13 E. As a condition of the contract, the organization shall be
14 required to determine the eligibility of any person seeking legal
15 services pursuant to this section.
16 F. The Oklahoma State Department of Education shall prepare
17 annually and distribute to the Governor, the President Pro Tempore
18 of the Senate and the Speaker of the House of Representatives a
19 report detailing expenditures of funds.
20 G. Each organization that contracts to provide legal services
21 pursuant to subsection B of this section shall maintain books and
22 records in accordance with generally accepted accounting principles.
23 The books and records shall account for the receipt and expenditure
24 of all funds paid pursuant to contract. Books and records shall be
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1 maintained for a period of five (5) years from the close of the
2 fiscal year of the contract period. The State Auditor and Inspector
3 shall audit each organization annually. The necessary expense of
4 each audit, including, but not limited to, the cost of typing,
5 printing, and binding, shall be paid from funds of the organization.
6 In lieu of the audit by the State Auditor and Inspector, the
7 organization may submit an audit prepared by an independent auditing
8 firm for compliance with federal auditing requirements. A copy of
9 the audit prepared by or submitted to the State Auditor and
10 Inspector shall be submitted to the Attorney General.
11 SECTION 2. This act shall become effective November 1, 2026.
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13 60-2-14402 JL 01/06/26
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Req. No. 14402 Page 5Every fact on this page links to its source, starting with the official bill record.