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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 374 By: Mann
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to schools; directing the
7 Accreditation Standards Division of the State
8 Department of Education to be placed under the
8 authority of the Commission for Educational Quality
9 and Accountability during certain time period;
9 directing division employees to remain under the
10 Department; directing division employees to make
10 certain reports and recommendations to the Commission
11 until certain date; providing for contractual
11 succession; specifying effectiveness of certain
12 rules; amending 70 O.S. 2021, Section 3-104, as last
12 amended by Section 2, Chapter 445, O.S.L. 2024 (70
13 O.S. Supp. 2024, Section 3-104), which relates to
13 powers and duties of the State Board of Education;
14 directing the Commission to make certain
14 accreditation determinations until certain date and
15 directing the Board to make such determinations
15 beginning on certain date; updating statutory
16 language and references; amending 70 O.S. 2021,
16 Section 3-104.3, which relates to withdrawal or
17 denial of state accreditation; updating statutory
17 references; directing the Commission to take certain
18 action until certain date and directing the Board to
18 take certain action beginning on certain date;
19 amending 70 O.S. 2021, Section 3-104.4, which relates
19 to standards for accreditation of schools; directing
20 the Commission to adopt standards for accreditation
20 until certain date and directing the Board to adopt
21 such standards beginning on certain date; directing
21 standards to be made available for public inspection
22 at the Office of Educational Quality and
22 Accountability until certain date and directing such
23 standards to be made available for public inspection
23 at the State Department of Education beginning on
24 certain date; directing the Office of Educational
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Req. No. 912 Page 1
1 Quality and Accountability to investigate certain
1 complaints and make certain report until certain date
2 and directing the State Department of Education to
2 conduct such investigations and make such report
3 beginning on certain date; allowing the Commission to
3 withdraw certain accreditation until certain date and
4 allowing the Board to withdraw certain accreditation
4 beginning on certain date; authorizing the Commission
5 to close a school under certain circumstances until
5 certain date and authorizing the Board to close a
6 school under certain circumstances beginning on
6 certain date; directing the Commission to provide
7 certain assistance until certain date and directing
7 the Board to provide such assistance beginning on
8 certain date; prohibiting the Commission from
8 assessing certain penalty under certain circumstances
9 until certain date and prohibiting the Board from
9 assessing certain penalty under certain circumstances
10 beginning on certain date; updating statutory
10 reference; updating statutory language; amending 70
11 O.S. 2021, Section 3-116.2, which relates to the
11 Commission for Educational Quality and
12 Accountability; updating statutory references;
12 directing the Commission to assume certain duties
13 during certain time period; providing for
13 promulgation of rules; providing for codification;
14 providing an effective date; and declaring an
14 emergency.
15
15
16
16
1 7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
17
18 SECTION 1. NEW LAW A new section of law to be codified
18
1 9 in the Oklahoma Statutes as Section 3-116.7 of Title 70, unless
19
2 0 there is created a duplication in numbering, reads as follows:
20
21 A. Upon the effective date of this act and until March 31,
21
2 2 2027, the Accreditation Standards Division of the State Department
22
2 3 of Education shall be placed under the authority of the Commission
23
2 4 for Educational Quality and Accountability. Except as otherwise
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Req. No. 912 Page 2
1 provided for in this section, the transfer shall include all records
1
2 associated with the Accreditation Standards Division.
2
3 B. Upon the effective date of this act, all employees of the
3
4 Accreditation Standards Division of the State Department of
4
5 Education, shall remain under the State Department of Education and
5
6 shall, until March 31, 2027, make reports and recommendations
6
7 regarding accreditation to the Commission.
7
8 C. The Commission for Educational Quality and Accountability
8
9 shall succeed to any contractual rights and responsibilities
9
1 0 incurred by the Accreditation Standards Division of the State
10
1 1 Department of Education.
11
12 D. The rules of the State Board of Education relating to
12
1 3 accreditation of schools in this state that are in effect on the
13
1 4 effective date of this act, shall be enforceable by the Commission
14
1 5 for Educational Quality and Accountability until March 31, 2027.
15
16 SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-104, as
16
1 7 last amended by Section 2, Chapter 445, O.S.L. 2024 (70 O.S. Supp.
17
1 8 2024, Section 3-104), is amended to read as follows:
18
19 Section 3-104. A. The supervision of the public school system
19
2 0 of Oklahoma shall be vested in the State Board of Education and,
20
2 1 subject to limitations otherwise provided by law, the State Board of
21
2 2 Education shall:
22
23 1. Adopt policies and make rules for the operation of the
23
2 4 public school system of the state;
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Req. No. 912 Page 3
1 2. Appoint, prescribe the duties, and fix the compensation of a
1
2 secretary, an attorney, and all other personnel necessary for the
2
3 proper performance of the functions of the State Board of Education.
3
4 The secretary shall not be a member of the Board;
4
5 3. Submit to the Governor a departmental budget based upon
5
6 major functions of the State Department of Education as prepared by
6
7 the Superintendent of Public Instruction and supported by detailed
7
8 data on needs and proposed operations as partially determined by the
8
9 budgetary needs of local school districts filed with the State Board
9
1 0 of Education for the ensuing fiscal year. Appropriations therefor
10
1 1 shall be made in lump-sum form for each major item in the budget as
11
1 2 follows:
12
13 a. State Aid to schools,
13
14 b. the supervision of all other functions of general and
14
15 special education including general control, free
15
16 textbooks, school lunch, Indian education, and all
16
17 other functions of the Board and an amount sufficient
17
18 to adequately staff and administer these services, and
18
19 c. the Board shall determine the details by which the
19
20 budget and the appropriations are administered.
20
21 Annually, the Board shall make preparations to
21
22 consolidate all of the functions of the Department in
22
23 such a way that the budget can be based on two items,
23
24 administration and aid to schools. A maximum amount
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Req. No. 912 Page 4
1 for administration shall be designated as a part of
1
2 the total appropriation;
2
3 4. On the first day of December preceding each regular session
3
4 of the Legislature, prepare and deliver electronically to the
4
5 Governor and the Legislature a report for the year ending June 30
5
6 immediately preceding the regular session of the Legislature. The
6
7 report shall contain:
7
8 a. detailed statistics and other information concerning
8
9 enrollment, attendance, expenditures including State
9
10 Aid, and other pertinent data for all public schools
10
11 in this state,
11
12 b. reports from each and every division within the State
12
13 Department of Education as submitted by the
13
14 Superintendent of Public Instruction and any other
14
15 division, department, institution, or other agency
15
16 under the supervision of the Board,
16
17 c. recommendations for the improvement of the public
17
18 school system of the state,
18
19 d. a statement of the receipts and expenditures of the
19
20 State Board of Education for the past year, and
20
21 e. a statement of plans and recommendations for the
21
22 management and improvement of public schools and such
22
23 other information relating to the educational
23
24
24
Req. No. 912 Page 5
1 interests of the state as may be deemed necessary and
1
2 desirable;
2
3 5. Provide for the formulation and adoption of curricula,
3
4 courses of study, and other instructional aids necessary for the
4
5 adequate instruction of pupils in the public schools;
5
6 6. Have authority in matters pertaining to the licensure and
6
7 certification of persons for instructional, supervisory, and
7
8 administrative positions and services in the public schools of the
8
9 state subject to the provisions of Section 6-184 of this title, and
9
1 0 shall formulate rules governing the issuance and revocation of
10
1 1 certificates for superintendents of schools, principals,
11
1 2 supervisors, librarians, clerical employees, school nurses, school
12
1 3 bus drivers, visiting teachers, classroom teachers, and for other
13
1 4 personnel performing instructional, administrative, and supervisory
14
1 5 services, but not including members of boards of education and other
15
1 6 employees who do not work directly with pupils, and may charge and
16
1 7 collect reasonable fees for the issuance of such certificates:
17
18 a. the State Department of Education shall not issue a
18
19 certificate to and shall revoke the certificate of any
19
20 person who has been convicted, whether upon a verdict
20
21 or plea of guilty or upon a plea of nolo contendere,
21
22 or received a suspended sentence or any probationary
22
23 term for a crime or an attempt to commit a crime
23
24 provided for in Section 843.5 of Title 21 of the
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Req. No. 912 Page 6
1 Oklahoma Statutes if the offense involved sexual abuse
1
2 or sexual exploitation as those terms are defined in
2
3 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
3
4 Section 741, 843.1, if the offense included sexual
4
5 abuse or sexual exploitation, 865 et seq., 885, 888,
5
6 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
6
7 1111.1, 1114, or 1123 of Title 21 of the Oklahoma
7
8 Statutes or who enters this state and who has been
8
9 convicted, received a suspended sentence, or received
9
10 a deferred judgment for a crime or attempted crime
10
11 which, if committed or attempted in this state, would
11
12 be a crime or an attempt to commit a crime provided
12
13 for in any of the laws, and
13
14 b. all funds collected by the State Department of
14
15 Education for the issuance of certificates to
15
16 instructional, supervisory, and administrative
16
17 personnel in the public schools of the state shall be
17
18 deposited in the "Teachers' Certification Fund" in the
18
19 State Treasury and may be expended by the State Board
19
20 of Education to finance the activities of the State
20
21 Department of Education necessary to administer the
21
22 program, for consultative services, publication costs,
22
23 actual and necessary travel expenses as provided in
23
24 the State Travel Reimbursement Act incurred by persons
24
Req. No. 912 Page 7
1 performing research work, and other expenses found
1
2 necessary by the State Board of Education for the
2
3 improvement of the preparation and certification of
3
4 teachers in this state. Provided, any unobligated
4
5 balance in the Teachers' Certification Fund in excess
5
6 of Ten Thousand Dollars ($10,000.00) on June 30 of any
6
7 fiscal year shall be transferred to the General
7
8 Revenue Fund of this state. Until July 1, 1997, the
8
9 State Board of Education shall have authority for
9
10 approval of teacher education programs. The State
10
11 Board of Education shall also have authority for the
11
12 administration of teacher residency and professional
12
13 development, subject to the provisions of the Oklahoma
13
14 Teacher Preparation Act;
14
15 7. Promulgate rules governing the classification, inspection,
15
1 6 and supervision, and accrediting of all public nursery,
16
1 7 kindergarten, elementary, and secondary schools, and on-site
17
1 8 educational services provided by public school districts or state-
18
1 9 accredited private schools in partial hospitalization programs, day
19
2 0 treatment programs, and day hospital programs as defined in this
20
2 1 section, Section 3-104.7 of this title, and Section 603.4 175.20 of
21
2 2 Title 10 of the Oklahoma Statutes for persons between the ages of
22
2 3 three (3) and twenty-one (21) years of age in the state. Beginning
23
2 4 on the effective date of this act until March 31, 2027, the
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Req. No. 912 Page 8
1 Commission for Educational Quality and Accountability shall enforce
1
2 rules governing the accreditation of all public nursery,
2
3 kindergarten, elementary, and secondary schools, and on-site
3
4 educational services provided by public school districts or state-
4
5 accredited private schools in partial hospitalization programs, day
5
6 treatment programs, and day hospital programs as defined in Section
6
7 3-104.7 of this title and Section 175.20 of Title 10 of the Oklahoma
7
8 Statutes for persons between the ages of three (3) and twenty-one
8
9 (21) years of age in this state. Beginning April 1, 2027, the Board
9
1 0 shall promulgate rules governing the accrediting of all public
10
1 1 nursery, kindergarten, elementary, and secondary schools, and on-
11
1 2 site educational services provided by public school districts or
12
1 3 state-accredited private schools in partial hospitalization
13
1 4 programs, day treatment programs, and day hospital programs as
14
1 5 defined in Section 3-104.7 of this title and Section 175.20 of Title
15
1 6 10 of the Oklahoma Statutes for persons between the ages of three
16
1 7 (3) and twenty-one (21) years of age in the state. However,
17
1 8 beginning on the effective date of this act until March 31, 2027, no
18
1 9 school shall be denied accreditation by the Commission for
19
2 0 Educational Quality and Accountability solely on the basis of
20
2 1 average daily attendance. Beginning April 1, 2027, no school shall
21
2 2 be denied accreditation by the Board solely on the basis of average
22
2 3 daily attendance.
23
24
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Req. No. 912 Page 9
1 Any school district which maintains an elementary school and
1
2 faces the necessity of relocating its school facilities because of
2
3 construction of a lake, either by state or federal authority, which
3
4 will inundate the school facilities, shall be entitled to receive
4
5 probationary accreditation from the Commission for Educational
5
6 Quality and Accountability beginning on the effective date of this
6
7 act, and beginning April 1, 2027, from the State Board of Education
7
8 for a period of five (5) years after June 12, 1975, and any school
8
9 district, otherwise qualified, shall be entitled to receive
9
1 0 probationary accreditation from the Commission until March 31, 2027,
10
1 1 and beginning April 1, 2027, from the State Board of Education for a
11
1 2 period of two (2) consecutive years to attain the minimum average
12
1 3 daily attendance. The Head Start and public nurseries or
13
1 4 kindergartens operated from community action agency funds shall not
14
1 5 be subjected to the accrediting rules of the Commission until March
15
1 6 31, 2027, and beginning April 1, 2027, from the State Board of
16
1 7 Education. Neither will the Commission until March 31, 2027, and
17
1 8 beginning April 1, 2027, neither will the State Board of Education
18
1 9 make rules affecting the operation of the public nurseries and
19
2 0 kindergartens operated from federal funds secured through community
20
2 1 action agencies even though they may be operating in the public
21
2 2 schools of the state. However, any of the Head Start or public
22
2 3 nurseries or kindergartens operated under federal regulations may
23
2 4 make application for accrediting from the Commission until March 31,
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Req. No. 912 Page 10
1 2027, and beginning April 1, 2027, from the State Board of Education
1
2 but will be accredited only if application for the approval of the
2
3 programs is made. The status of no school district shall be changed
3
4 which will reduce it to a lower classification until due notice has
4
5 been given to the proper authorities thereof and an opportunity
5
6 given to correct the conditions which otherwise would be the cause
6
7 of such reduction.
7
8 Private and parochial schools may be accredited and classified
8
9 in like manner as public schools or, if an accrediting association
9
1 0 is approved by the State Board of Education, by procedures
10
1 1 established by the State Board of Education to accept accreditation
11
1 2 by such accrediting association, if application is made to the State
12
1 3 Board of Education for such accrediting;
13
14 8. Be the legal agent of this state to accept, in its
14
1 5 discretion, the provisions of any Act of Congress appropriating or
15
1 6 apportioning funds which are now, or may hereafter be, provided for
16
1 7 use in connection with any phase of the system of public education
17
1 8 in Oklahoma. It shall prescribe such rules as it finds necessary to
18
1 9 provide for the proper distribution of such funds in accordance with
19
2 0 the state and federal laws;
20
21 9. Be and is specifically hereby designated as the agency of
21
2 2 this state to cooperate and deal with any officer, board, or
22
2 3 authority of the United States Government under any law of the
23
2 4 United States which may require or recommend cooperation with any
24
Req. No. 912 Page 11
1 state board having charge of the administration of public schools
1
2 unless otherwise provided by law;
2
3 10. Be and is hereby designated as the "State Educational
3
4 Agency" state educational agency referred to in Public Law 396 of
4
5 the 79th Congress of the United States, as amended, which law states
5
6 that the act may be cited known as the "National Richard B. Russell
6
7 National School Lunch Act" Act, and the State Board of Education is
7
8 hereby authorized and directed to accept the terms and provisions of
8
9 the act and to enter into such agreements, not in conflict with the
9
1 0 Constitution of Oklahoma or the Constitution and Statutes of the
10
1 1 United States, as may be necessary or appropriate to secure for this
11
1 2 state the benefits of the school lunch program established and
12
1 3 referred to in the act;
13
14 11. Have authority to secure and administer the benefits of the
14
1 5 Richard B. Russell National School Lunch Act, Public Law 396 of the
15
1 6 79th Congress of the United States, as amended, in this state and is
16
1 7 hereby authorized to employ or appoint and fix the compensation of
17
1 8 such additional officers or employees and to incur such expenses as
18
1 9 may be necessary for the accomplishment of the above purpose, and
19
2 0 administer the distribution of any state funds appropriated by the
20
2 1 Legislature required as federal matching to reimburse on children's
21
2 2 meals;
22
23 12. Accept and provide for the administration of any land,
23
2 4 money, buildings, gifts, donation donations, or other things of
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Req. No. 912 Page 12
1 value which may be offered or bequeathed to the schools under the
1
2 supervision or control of the Board;
2
3 13. Have authority to require persons having administrative
3
4 control of all school districts in Oklahoma to make such regular and
4
5 special reports regarding the activities of the schools in the
5
6 districts as the Board may deem needful for the proper exercise of
6
7 its duties and functions. Such authority shall include the right of
7
8 the State Board of Education to withhold all state funds under its
8
9 control, and to withhold official recognition including accrediting,
9
1 0 until such required reports have been filed and accepted in the
10
1 1 office of the Board and to revoke the certificates of persons
11
1 2 failing or refusing to make such reports. Until March 31, 2027, the
12
1 3 Commission for Educational Quality and Accountability, and beginning
13
1 4 April 1, 2027, the State Board of Education shall have the authority
14
1 5 to withhold accreditation until such required reports have been
15
1 6 filed and accepted and to revoke the certificates of persons failing
16
1 7 or refusing to make such reports;
17
18 14. Have general supervision of the school lunch program. The
18
1 9 State Board of Education may sponsor workshops for personnel and
19
2 0 participants in the school lunch program and may develop, print, and
20
2 1 distribute free of charge or sell any materials, books, and
21
2 2 bulletins to be used in the school lunch programs. There is hereby
22
2 3 created in the State Treasury a revolving fund for the Board, to be
23
2 4 designated the "School Lunch Workshop Revolving Fund". The fund
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Req. No. 912 Page 13
1 shall consist of all fees derived from or on behalf of any
1
2 participant in any such workshop sponsored by the State Board of
2
3 Education, or from the sale of any materials, books, and bulletins,
3
4 and funds shall be disbursed for expenses of such workshops and for
4
5 developing, printing, and distributing of the materials, books, and
5
6 bulletins relating to the school lunch program. The fund shall be
6
7 administered in accordance with Section 155 of Title 62 of the
7
8 Oklahoma Statutes;
8
9 15. Prescribe all forms for school district and county officers
9
1 0 to report to the State Board of Education where required. The State
10
1 1 Board of Education shall also prescribe a list of appropriation
11
1 2 accounts by which the funds of school districts shall be budgeted,
12
1 3 accounted for, and expended; and it shall be the duty of the State
13
1 4 Auditor and Inspector in prescribing all budgeting, accounting, and
14
1 5 reporting forms for school funds to conform to such lists;
15
16 16. Provide for the establishment of a uniform system of pupil
16
1 7 and personnel accounting, records, and reports;
17
18 17. Have authority to provide for the health and safety of
18
1 9 school children and school personnel while under the jurisdiction of
19
2 0 school authorities;
20
21 18. Provide for the supervision of the transportation of
21
2 2 pupils;
22
23
23
24
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Req. No. 912 Page 14
1 19. Have authority, upon request of the local school board, to
1
2 act in behalf of the public schools of the state in the purchase of
2
3 transportation equipment;
3
4 20. Have authority and is hereby required to perform all duties
4
5 necessary to the administration of the public school system in
5
6 Oklahoma as specified in the Oklahoma School Code; and, in addition
6
7 thereto, those duties not specifically mentioned herein if not
7
8 delegated by law to any other agency or official;
8
9 21. Administer the State Public Common School Building
9
1 0 Equalization Fund established by Section 32 of Article X of the
10
1 1 Oklahoma Constitution. Any monies as may be appropriated or
11
1 2 designated by the Legislature, other than ad valorem taxes, any
12
1 3 other funds identified by the State Department of Education, which
13
1 4 may include, but not be limited to, grants-in-aid from the federal
14
1 5 government for building purposes, the proceeds of all property that
15
1 6 shall fall to the state by escheat, penalties for unlawful holding
16
1 7 of real estate by corporations, and capital gains on assets of the
17
1 8 permanent school funds, shall be deposited in the State Public
18
1 9 Common School Building Equalization Fund. The fund shall be used to
19
2 0 aid school districts and charter schools in acquiring buildings,
20
2 1 subject to the limitations fixed by Section 32 of Article X of the
21
2 2 Oklahoma Constitution. It is hereby declared that redbud school
22
2 3 grants disbursed from the State Public Common School Building
23
2 4 Equalization Fund shall be used for the same purposes as a building
24
Req. No. 912 Page 15
1 fund, as provided for in Section 1-118 of this title. It is hereby
1
2 declared that the term "school districts" as used in Section 32 of
2
3 Article X of the Oklahoma Constitution shall mean school districts
3
4 and eligible charter schools as defined in subsection B of this
4
5 section. The State Board of Education shall disburse redbud school
5
6 grants annually from the State Public Common School Building
6
7 Equalization Fund to public schools and eligible charter schools
7
8 pursuant to subsection B of this section. The Board shall
8
9 promulgate rules for the implementation of disbursing redbud school
9
1 0 grants pursuant to this section. The State Board of Education shall
10
1 1 prescribe rules for making grants of aid from, and for otherwise
11
1 2 administering, the fund pursuant to the provisions of this
12
1 3 paragraph, and may employ and fix the duties and compensation of
13
1 4 technicians, aides, clerks, stenographers, attorneys, and other
14
1 5 personnel deemed necessary to carry out the provisions of this
15
1 6 paragraph. The cost of administering the fund shall be paid from
16
1 7 monies appropriated to the State Board of Education for the
17
1 8 operation of the State Department of Education. From monies
18
1 9 apportioned to the fund, the State Department of Education may
19
2 0 reserve not more than one-half of one percent (1/2 of 1%) for
20
2 1 purposes of administering the fund;
21
22 22. Recognize that the Director of the Department of
22
2 3 Corrections shall be the administrative authority for the schools
23
2 4 which are maintained in the state reformatories and shall appoint
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Req. No. 912 Page 16
1 the principals and teachers in such schools. Provided, that rules
1
2 of the State Board of Education for the classification, and
2
3 inspection, and accreditation of public schools shall be applicable
3
4 to such schools; and such schools shall comply with standards set
4
5 rules adopted by the State Board of Education. Until March 31,
5
6 2027, the rules of the Commission for Educational Quality and
6
7 Accountability, and beginning April 1, 2027, the rules of the Board
7
8 for accreditation of public schools shall be applicable to such
8
9 schools; and
9
10 23. Have authority to administer a revolving fund which is
10
1 1 hereby created in the State Treasury, to be designated the
11
1 2 "Statistical Services Revolving Fund". The fund shall consist of
12
1 3 all monies received from the various school districts of the state,
13
1 4 the United States Government, and other sources for the purpose of
14
1 5 furnishing or financing statistical services and for any other
15
1 6 purpose as designated by the Legislature. The State Board of
16
1 7 Education is hereby authorized to enter into agreements with school
17
1 8 districts, municipalities, the United States Government,
18
1 9 foundations, and other agencies or individuals for services,
19
2 0 programs, or research projects. The Statistical Services Revolving
20
2 1 Fund shall be administered in accordance with Section 155 of Title
21
2 2 62 of the Oklahoma Statutes.
22
23 B. 1. The redbud school grants shall be determined by the
23
2 4 State Department of Education as follows:
24
Req. No. 912 Page 17
1 a. divide the county four-mill levy revenue by four to
1
2 determine the nonchargeable county four-mill revenue
2
3 for each school district,
3
4 b. determine the amount of new revenue generated by the
4
5 five-mill building fund levy as authorized by Section
5
6 10 of Article X of the Oklahoma Constitution for each
6
7 school district as reported in the Oklahoma Cost
7
8 Accounting System for the preceding fiscal year,
8
9 c. add the amounts calculated in subparagraphs a and b of
9
10 this paragraph to determine the nonchargeable millage
10
11 for each school district,
11
12 d. add the nonchargeable millage in each district
12
13 statewide as calculated in subparagraph c of this
13
14 paragraph and divide the total by the average daily
14
15 membership in public schools statewide based on the
15
16 preceding school year's average daily membership,
16
17 according to the provisions of Section 18-107 of this
17
18 title. This amount is the statewide nonchargeable
18
19 millage per student, known as the baseline local
19
20 funding per student,
20
21 e. all eligible charter schools shall be included in
21
22 these calculations as unique school districts,
22
23 separate from the school district that may sponsor the
23
24 eligible charter school, and the total number of
24
Req. No. 912 Page 18
1 districts shall be used to determine the statewide
1
2 average baseline local funding per student,
2
3 f. for each school district or eligible charter school
3
4 which is below the baseline local funding per student,
4
5 the Department shall subtract the baseline local
5
6 funding per student from the average nonchargeable
6
7 millage per student of the school district or eligible
7
8 charter school to determine the nonchargeable millage
8
9 per student shortfall for each district, and
9
10 g. the nonchargeable millage per student shortfall for a
10
11 school district or eligible charter school shall be
11
12 multiplied by the average daily membership of the
12
13 preceding school year of the eligible school district
13
14 or eligible charter school. This amount shall be the
14
15 redbud school grant amount for the school district or
15
16 eligible charter school.
16
17 2. For fiscal year 2022, monies for the redbud school grants
17
1 8 shall be expended from the funds apportioned pursuant to Section 426
18
1 9 of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each
19
2 0 subsequent fiscal year, monies for the redbud school grants shall be
20
2 1 appropriated pursuant to Section 426 of Title 63 of the Oklahoma
21
2 2 Statutes, not to exceed three-fourths (3/4) of the tax collected in
22
2 3 the preceding fiscal year pursuant to Section 426 of Title 63 of the
23
2 4 Oklahoma Statutes as determined by the Oklahoma Tax Commission. For
24
Req. No. 912 Page 19
1 fiscal year 2023 and each subsequent fiscal year, if such
1
2 appropriated funds are insufficient to fund the redbud school
2
3 grants, then an additional apportionment of funds shall be made from
3
4 sales tax collections as provided by subsection D of Section 1353 of
4
5 Title 68 of the Oklahoma Statutes. If both funds are insufficient,
5
6 the Department shall promulgate rules to permit a decrease to the
6
7 baseline local funding per student to the highest amount allowed
7
8 with the funding available.
8
9 3. As used in this section, "eligible charter school" shall
9
1 0 mean a charter school which is sponsored pursuant to the provisions
10
1 1 of the Oklahoma Charter Schools Act. Provided, however, eligible
11
1 2 charter school shall not include a statewide virtual charter school
12
1 3 sponsored by the Statewide Charter School Board but shall only
13
1 4 include those which provide in-person or blended instruction, as
14
1 5 provided by Section 1-111 of this title, to not less than two-thirds
15
1 6 (2/3) of students as the primary means of instructional service
16
1 7 delivery.
17
18 4. The Department shall develop a program to acknowledge the
18
1 9 redbud school grant recipients and shall include elected members of
19
2 0 the House of Representatives and Senate who represent the school
20
2 1 districts and eligible charter schools.
21
22 5. The Department shall create a dedicated page on its website
22
2 3 listing annual redbud school grant recipients, amount awarded to
23
24
24
Req. No. 912 Page 20
1 each recipient, and other pertinent information about the Redbud
1
2 School Funding Act.
2
3 6. The Department shall provide the chair of the House
3
4 Appropriations and Budget Committee and the chair of the Senate
4
5 Appropriations Committee no later than February 1 of each year with
5
6 an estimate of the upcoming year's redbud school grant allocation as
6
7 prescribed by this section.
7
8 SECTION 3. AMENDATORY 70 O.S. 2021, Section 3-104.3, is
8
9 amended to read as follows:
9
10 Section 3-104.3. A. The Legislature, recognizing its
10
1 1 obligation to the children of this state to ensure their opportunity
11
1 2 to receive an excellent education, and recognizing its obligation to
12
1 3 the taxpayers of this state to ensure that schooling is accomplished
13
1 4 in an efficient manner, hereby establishes requirements for
14
1 5 compliance with quality standards which the public schools and
15
1 6 school districts, within the limits of resources now or subsequently
16
1 7 available, must meet.
17
18 B. State accreditation shall be withdrawn from or denied to
18
1 9 schools or school districts that do not meet the requirements of
19
2 0 Sections 2 3-104.4, 3 11-103, 6 11-103.6, 28 18-113.1, 29 18-113.2,
20
2 1 30 18-113.3, 44, 45, 46, 47, 48 18-114.15, and 49 5-141 of this act
21
2 2 title, and until March 31, 2027, the Commission for Educational
22
2 3 Quality and Accountability, and beginning April 1, 2027, the State
23
2 4 Board of Education shall take action as required by this act section
24
Req. No. 912 Page 21
1 to ensure that students affected are enrolled in schools that are
1
2 able to maintain state accreditation. Nothing herein shall be
2
3 construed as prohibiting the withdrawing or denial of accreditation
3
4 for failure to meet requirements as elsewhere provided by law.
4
5 SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-104.4, is
5
6 amended to read as follows:
6
7 Section 3-104.4. A. The Until March 31, 2027, the Commission
7
8 for Educational Quality and Accountability, and beginning April 1,
8
9 2027, the State Board of Education shall adopt standards for the
9
1 0 accreditation of the public schools in this state according to the
10
1 1 requirements of Section 3-104.3 et seq. of this title, to be
11
1 2 effective as set forth in Section 3-104.3 et seq. of this title.
12
1 3 The accreditation standards shall incorporate the curricular
13
1 4 standards established pursuant to Section 11-103.6 of this title.
14
1 5 The accreditation standards shall equal or exceed nationally
15
1 6 recognized accreditation standards to the extent that the standards
16
1 7 are consistent with an academic results oriented approach to
17
1 8 accreditation. The accreditation adopted by the State Commission
18
1 9 for Educational Quality and Accountability until March 31, 2027, and
19
2 0 beginning April 1, 2027, the accreditation adopted by the Board
20
2 1 shall encompass accreditation for elementary schools, middle
21
2 2 schools, junior high schools, and high schools. The accreditation
22
2 3 standards shall be made available for public inspection at the
23
2 4 offices of the Office of Educational Quality and Accountability
24
Req. No. 912 Page 22
1 until March 31, 2027, and beginning April 1, 2027, at the offices of
1
2 the State Department of Education.
2
3 B. Standards for accreditation adopted by the Commission for
3
4 Educational Quality and Accountability until March 31, 2027, and
4
5 beginning April 1, 2027, standards for accreditation adopted by the
5
6 State Board of Education shall include standards relating to the
6
7 provision of school counselors to the public school children of this
7
8 state. The Until March 31, 2027, the Commission, and beginning
8
9 April 1, 2027, the State Board of Education shall require each local
9
1 0 school district to provide information regarding the number of
10
1 1 counselors serving each school site, the duties of all such
11
1 2 counselors including all administrative duties, the number of
12
1 3 students served by each counselor, and information regarding the
13
1 4 number of counselors employed per elementary school, middle school,
14
1 5 junior high school, and high school.
15
16 C. Except as otherwise provided, schools shall meet the
16
1 7 accreditation standards as a condition of continued accreditation.
17
1 8 Nothing herein shall be construed as preventing changes to the
18
1 9 adopted standards by the Commission for Educational Quality and
19
2 0 Accountability until March 31, 2027, and by the State Board of
20
2 1 Education beginning April 1, 2027, pursuant to the Administrative
21
2 2 Procedures Act. The accreditation standards shall provide for
22
2 3 warnings, probation, or nonaccredited status for schools that fail
23
2 4 to meet the standards. The Until March 31, 2027, the Office of
24
Req. No. 912 Page 23
1 Educational Quality and Accountability, and beginning April 1, 2027,
1
2 the Department shall investigate a complaint of failure to provide
2
3 educational services or failure to comply with accreditation
3
4 standards within thirty (30) days of receiving the complaint. If
4
5 the Office of Educational Quality and Accountability until March 31,
5
6 2027, and beginning April 1, 2027, the Department determines that a
6
7 school has failed to comply with the accreditation standards, the
7
8 Office until March 31, 2027, and beginning April 1, 2027, the
8
9 Department shall report the recommended warning, probation, or
9
1 0 nonaccredited accreditation status to the Commission for Educational
10
1 1 Quality and Accountability until March 31, 2027, and beginning April
11
1 2 1, 2027, to the State Board of Education within ninety (90) days.
12
1 3 If a school does not take action to comply with the accreditation
13
1 4 standards within ninety (90) days after a report is filed by the
14
1 5 Office until March 31, 2027, and beginning April 1, 2027, by the
15
1 6 Department, the Commission for Educational Quality and
16
1 7 Accountability until March 31, 2027, and beginning April 1, 2027,
17
1 8 the Board shall withdraw accreditation for the school. The State
18
1 9 Board Until March 31, 2027, the Commission's accreditation
19
2 0 regulations, and beginning April 1, 2027, the Board's accreditation
20
2 1 regulations shall provide for warnings and for assistance to schools
21
2 2 and school districts whenever there is reason to believe a school is
22
2 3 in danger of losing its state accreditation.
23
24
24
Req. No. 912 Page 24
1 D. If one or more school sites fail to receive accreditation as
1
2 required pursuant to this section or subsequently lose
2
3 accreditation, the Commission for Educational Quality and
3
4 Accountability until March 31, 2027, and beginning April 1, 2027,
4
5 the State Board of Education shall close the school and reassign the
5
6 students to accredited schools within the district or shall annex
6
7 the district to one or more other districts in which the students
7
8 can be educated in accredited schools.
8
9 E. Standards for accreditation adopted by the Commission for
9
1 0 Educational Quality and Accountability until March 31, 2027, and
10
1 1 beginning April 1, 2027, by the State Board of Education shall
11
1 2 include standards relating to the provision of educational services
12
1 3 provided in partial hospitalization programs, day treatment
13
1 4 programs, day hospital programs, residential treatment programs, and
14
1 5 emergency shelter programs for persons between the ages of three (3)
15
1 6 and twenty-one (21) years of age. The accreditation standards shall
16
1 7 apply to on-site and off-site educational services provided by
17
1 8 public school districts or state-accredited private schools. Each
18
1 9 school which is providing or is required to provide educational
19
2 0 services for students placed in a program as described in this
20
2 1 subsection shall be actively monitored by the State Department of
21
2 2 Education. The Department shall determine on an ongoing basis if
22
2 3 the educational program and services are in compliance with the
23
2 4 accreditation standards.
24
Req. No. 912 Page 25
1 F. The Commission for Educational Quality and Accountability
1
2 until March 31, 2027, and beginning April 1, 2027, the State Board
2
3 of Education shall provide assistance to districts in considering
3
4 the possibility of meeting accreditation requirements through the
4
5 use of nontraditional means of instruction. The State Commission
5
6 until March 31, 2027, and beginning April 1, 2027, the Board shall
6
7 also assist districts in forming cooperatives and making
7
8 arrangements for the use of satellite instruction or other
8
9 instructional technologies to the extent that use of such
9
1 0 instructional means meets accreditation standards.
10
11 G. 1. Accreditation shall not be withdrawn from or denied nor
11
1 2 shall a penalty be assessed against a school or school district for
12
1 3 failing to meet the media materials and equipment standards, media
13
1 4 program expenditure standards, and media personnel standards as set
14
1 5 forth in the accreditation standards adopted by the Commission for
15
1 6 Educational Quality and Accountability until March 31, 2027, and
16
1 7 beginning April 1, 2027, by the Board.
17
18 2. The provisions of paragraph 1 of this subsection shall cease
18
1 9 to be effective during the fiscal year which begins on the July 1
19
2 0 immediately succeeding the legislative session during which the
20
2 1 measure appropriating monies to the State Board of Education for the
21
2 2 financial support of public schools is enacted as law and such
22
2 3 appropriation amount is at least Fifty Million Dollars
23
2 4 ($50,000,000.00) greater than the amount of money appropriated to
24
Req. No. 912 Page 26
1 the State Board of Education for the financial support of public
1
2 schools for the fiscal year ending June 30, 2019, pursuant to
2
3 Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars
3
4 ($50,000,000.00) shall not include any amount of appropriations
4
5 dedicated for support or certified employee salary increases.
5
6 Accreditation shall not be withdrawn from or denied nor shall a
6
7 penalty be assessed against a school or school district for failing
7
8 to meet the media personnel standards as set forth in accreditation
8
9 standards adopted by the Commission until March 31, 2027, and
9
1 0 beginning April 1, 2027, by the Board.
10
11 H. 1. The State Commission for Educational Quality and
11
1 2 Accountability until March 31, 2027, and beginning April 1, 2027,
12
1 3 the Board shall not assess a financial penalty against any school
13
1 4 district which is given a deficiency in accreditation status during
14
1 5 any fiscal year as provided for in this subsection.
15
16 2. Beginning with the fiscal year which begins July 1, 2021, if
16
1 7 the amount of money appropriated to the State Board of Education for
17
1 8 the financial support of public schools including funds apportioned
18
1 9 pursuant to Section 2 426 of this act Title 63 of the Oklahoma
19
2 0 Statutes, is at least One Hundred Million Dollars ($100,000,000.00)
20
2 1 greater than the amount of money appropriated to the State Board of
21
2 2 Education for the financial support of public schools for the fiscal
22
2 3 year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018, a
23
2 4 financial penalty shall be assessed against any school districts
24
Req. No. 912 Page 27
1 that do not comply with the class size limitations for kindergarten
1
2 as provided for in Section 18-113.2 of this title and class size
2
3 limitations for grade one as provided for in subsection A of Section
3
4 18-113.1 of this title. Provided, the One Hundred Million Dollars
4
5 ($100,000,000.00) shall not include any amount of appropriations
5
6 dedicated for support or certified employee salary increases.
6
7 3. The State Department of Education shall submit a report on
7
8 statewide classroom sizes to the President Pro Tempore of the
8
9 Oklahoma State Senate and the Speaker of the Oklahoma House of
9
1 0 Representatives no later than January 1, 2022.
10
11 I. Except as provided for in subsection J of this section,
11
1 2 beginning with the 2019-2020 school year, evaluations of schools to
12
1 3 determine whether they meet the accreditation standards set forth in
13
1 4 accordance with this section shall occur once every four (4) years
14
1 5 on a schedule adopted by the Commission for Educational Quality and
15
1 6 Accountability until March 31, 2027, and beginning April 1, 2027, by
16
1 7 the State Board of Education. The Commission until March 31, 2027,
17
1 8 and beginning April 1, 2027, the Board may interrupt the evaluation
18
1 9 schedule provided in this subsection for reasons including a change
19
2 0 in the superintendent of the school district; determination that one
20
2 1 or more school district board members have not met the continuing
21
2 2 education requirements as defined by this title; determination that
22
2 3 the school district falsified information submitted to any public
23
2 4 city, county, state, or federal official or agency; initiation of an
24
Req. No. 912 Page 28
1 investigation by the Commission until March 31, 2027, and by the
1
2 Board beginning April 1, 2027, or a law enforcement agency; or other
2
3 determination by the Commission until March 31, 2027, and beginning
3
4 April 1, 2027, by the Board that standards for accreditation are not
4
5 being met by the school district. The schedule adopted by the
5
6 Commission until March 31, 2027, and beginning April 1, 2027, by the
6
7 Board shall allow for school districts receiving no deficiencies for
7
8 two (2) consecutive years to be reviewed for accreditation less than
8
9 annually. Provided, however, that schools shall be evaluated
9
1 0 annually for the purposes of:
10
11 1. Local, state, and federal funding;
11
12 2. Health and safety;
12
13 3. Certification requirements for teachers, principals, and
13
1 4 superintendents;
14
15 4. School board governance, including instructional and
15
1 6 continuing education requirements for school board members; and
16
17 5. Any other requirements under state or federal law.
17
18 J. Beginning with the 2019-2020 school year, if a public school
18
1 9 receives a deficiency on its accreditation report, the public school
19
2 0 shall be evaluated annually to determine if it meets the
20
2 1 accreditation standards set forth in accordance with this section.
21
2 2 If the public school receives no deficiencies for two (2)
22
2 3 consecutive years, the public school shall be subject to the
23
2 4 evaluation timeline established in subsection I of this section.
24
Req. No. 912 Page 29
1 SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-116.2, is
1
2 amended to read as follows:
2
3 Section 3-116.2. A. Effective January 1, 2013, there is hereby
3
4 created the Commission for Educational Quality and Accountability.
4
5 The membership of the Commission shall consist of:
5
6 1. The Secretary of Education, who shall serve as the chair of
6
7 the Commission;
7
8 2. One member appointed by the Governor, with the advice and
8
9 consent of the Senate, representing business and industry from an
9
1 0 Oklahoma employer with five hundred (500) or fewer employees;
10
11 3. One member, appointed by the Governor, with the advice and
11
1 2 consent of the Senate, who is a parent of a child enrolled in a
12
1 3 public school in this state;
13
14 4. One member, appointed by the Governor, with the advice and
14
1 5 consent of the Senate, who is an administrator of a public school
15
1 6 district;
16
17 5. One member, appointed by the Governor, with the advice and
17
1 8 consent of the Senate, who shall represent higher education teacher
18
1 9 education programs;
19
20 6. One member appointed by the Governor, with the advice and
20
2 1 consent of the Senate, who shall be an active classroom teacher in
21
2 2 kindergarten through grade six; and
22
23
23
24
24
Req. No. 912 Page 30
1 7. One member appointed by the Governor, with the advice and
1
2 consent of the Senate, who shall be an active classroom teacher in
2
3 grades seven through twelve.
3
4 The terms of the initial appointed members shall commence on
4
5 January 1, 2013, and shall end on June 30, 2014. The terms of
5
6 subsequently appointed members shall commence on July 1 of each year
6
7 following the election of the Governor thereafter and shall be for
7
8 four (4) years. If a vacancy occurs, the vacancy shall be filled
8
9 for the unexpired term in the same manner as the office was
9
1 0 previously filled.
10
11 B. A quorum of the Commission, which shall consist of four
11
1 2 members, shall be present in order for the Commission to transact
12
1 3 any business. Members shall be reimbursed for travel in the
13
1 4 performance of their official duties in accordance with the State
14
1 5 Travel Reimbursement Act.
15
16 C. Prior to July 1, 2013, the Commission shall meet to organize
16
1 7 and plan for the assumption of the powers and duties of the
17
1 8 Education Oversight Board and the Oklahoma Commission for Teacher
18
1 9 Preparation.
19
20 D. Beginning July 1, 2013, the Commission shall assume the
20
2 1 following duties:
21
22 1. Oversee implementation of the provisions of Enrolled House
22
2 3 Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma
23
2 4 Legislature;
24
Req. No. 912 Page 31
1 2. Implementation of the provisions of the Oklahoma Teacher
1
2 Preparation Act as provided for in law;
2
3 3. Make recommendations to the Governor and Legislature on
3
4 methods to achieve an aligned, seamless system from preschool
4
5 through postsecondary education; and
5
6 4. Set performance levels and corresponding cut scores pursuant
6
7 to the Oklahoma School Testing Program Act and as provided for in
7
8 Section 1210.541 of Title 70 of the Oklahoma Statutes this title.
8
9 E. Beginning July 1, 2013, the Commission shall govern the
9
1 0 operation of the Office of Educational Quality and Accountability
10
1 1 created in Section 3-117 of Title 70 of the Oklahoma Statutes this
11
1 2 title.
12
13 F. 1. Beginning July 1, 2014, the Commission shall assume the
13
1 4 following duties of the Oklahoma Commission for Teacher Preparation
14
1 5 according to the provisions of the Oklahoma Teacher Preparation Act:
15
16 a. approval and accreditation of teacher education
16
17 programs, and
17
18 b. assessment of candidates for licensure and
18
19 certification.
19
20 2. To implement the provisions of this subsection the
20
2 1 Commission shall:
21
22 a. include the State Board of Education in the process,
22
23 b. review and assess approved, accredited, and new
23
24 programs of teacher education, and
24
Req. No. 912 Page 32
1 c. encourage studies and research designed to improve
1
2 teacher education.
2
3 G. Upon the effective date of this act and until March 31,
3
4 2027, the Commission shall assume the following duties:
4
5 1. Adoption of standards for the accreditation of public
5
6 schools in this state pursuant to the provisions of Section 3-104.4
6
7 of this title; and
7
8 2. Evaluating schools to determine whether they meet the
8
9 accreditation standards adopted by the Commission.
9
10 H. The Commission shall promulgate rules to implement the
10
1 1 provisions of this act.
11
12 SECTION 6. This act shall become effective July 1, 2025.
12
13 SECTION 7. It being immediately necessary for the preservation
13
1 4 of the public peace, health, or safety, an emergency is hereby
14
1 5 declared to exist, by reason whereof this act shall take effect and
15
1 6 be in full force from and after its passage and approval.
16
17
17
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19
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Req. No. 912 Page 33Every fact on this page links to its source, starting with the official bill record.