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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 798 By: Reinhardt
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4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the State Board of Education;
7 amending 70 O.S. 2021, Section 3-104, as last amended
8 by Section 2, Chapter 445, O.S.L. 2024 (70 O.S. Supp.
8 2024, Section 3-104), which relates to the powers and
9 duties of the State Board of Education; requiring
9 electronic submission of certain report; authorizing
10 the Board to revoke or suspend a certificate only for
10 certain reasons; prohibiting the Board from summarily
11 revoking or suspending a certificate pending certain
11 proceeding or other action unless for certain
12 emergency; prohibiting the Board from moving to
12 revoke or suspend a certificate unless certain
13 certificate holder and district are provided certain
13 notice; updating statutory references; providing an
14 effective date; and declaring an emergency.
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15
15
16
16
17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-104, as
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19 last amended by Section 2, Chapter 445, O.S.L. 2024 (70 O.S. Supp.
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20 2024, Section 3-104), is amended to read as follows:
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21 Section 3-104. A. The supervision of the public school system
21
22 of Oklahoma shall be vested in the State Board of Education and,
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23 subject to limitations otherwise provided by law, the State Board of
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24 Education shall:
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Req. No. 1370 Page 1
1 1. Adopt policies and make rules for the operation of the
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2 public school system of the state;
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3 2. Appoint, prescribe the duties, and fix the compensation of a
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4 secretary, an attorney, and all other personnel necessary for the
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5 proper performance of the functions of the State Board of Education.
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6 The secretary shall not be a member of the Board;
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7 3. Submit to the Governor a departmental budget based upon
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8 major functions of the State Department of Education as prepared by
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9 the Superintendent of Public Instruction and supported by detailed
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10 data on needs and proposed operations as partially determined by the
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11 budgetary needs of local school districts filed with the State Board
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12 of Education for the ensuing fiscal year. Appropriations therefor
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13 shall be made in lump-sum form for each major item in the budget as
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14 follows:
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15 a. State Aid to schools,
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16 b. the supervision of all other functions of general and
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17 special education including general control, free
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18 textbooks, school lunch, Indian education, and all
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19 other functions of the Board and an amount sufficient
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20 to adequately staff and administer these services, and
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21 c. the Board shall determine the details by which the
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22 budget and the appropriations are administered.
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23 Annually, the Board shall make preparations to
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24 consolidate all of the functions of the Department in
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Req. No. 1370 Page 2
1 such a way that the budget can be based on two items,
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2 administration and aid to schools. A maximum amount
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3 for administration shall be designated as a part of
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4 the total appropriation;
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5 4. On the first day of December preceding each regular session
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6 of the Legislature, prepare and deliver electronically to the
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7 Governor and the Legislature a report for the year ending June 30
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8 immediately preceding the regular session of the Legislature. The
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9 report shall contain:
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10 a. detailed statistics and other information concerning
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11 enrollment, attendance, expenditures including State
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12 Aid, and other pertinent data for all public schools
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13 in this state,
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14 b. reports from each and every division within the State
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15 Department of Education as submitted by the
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16 Superintendent of Public Instruction and any other
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17 division, department, institution, or other agency
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18 under the supervision of the Board,
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19 c. recommendations for the improvement of the public
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20 school system of the state,
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21 d. a statement of the receipts and expenditures of the
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22 State Board of Education for the past year, and
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23 e. a statement of plans and recommendations for the
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24 management and improvement of public schools and such
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Req. No. 1370 Page 3
1 other information relating to the educational
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2 interests of the state as may be deemed necessary and
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3 desirable;
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4 5. Provide for the formulation and adoption of curricula,
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5 courses of study, and other instructional aids necessary for the
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6 adequate instruction of pupils in the public schools;
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7 6. Have authority in matters pertaining to the licensure and
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8 certification of persons for instructional, supervisory, and
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9 administrative positions and services in the public schools of the
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10 state subject to the provisions of Section 6-184 of this title, and
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11 shall formulate rules governing the issuance and revocation of
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12 certificates for superintendents of schools, principals,
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13 supervisors, librarians, clerical employees, school nurses, school
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14 bus drivers, visiting teachers, classroom teachers, and for other
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15 personnel performing instructional, administrative, and supervisory
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16 services, but not including members of boards of education and other
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17 employees who do not work directly with pupils, and may charge and
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18 collect reasonable fees for the issuance of such certificates:
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19 a. the State Department of Education shall not issue a
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20 certificate to and shall revoke the certificate of any
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21 person who has been convicted, whether upon a verdict
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22 or plea of guilty or upon a plea of nolo contendere,
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23 or received a suspended sentence or any probationary
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24 term for a crime or an attempt to commit a crime
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Req. No. 1370 Page 4
1 provided for in Section 843.5 of Title 21 of the
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2 Oklahoma Statutes if the offense involved sexual abuse
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3 or sexual exploitation as those terms are defined in
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4 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
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5 Section 741, 843.1, if the offense included sexual
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6 abuse or sexual exploitation, 865 et seq., 885, 888,
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7 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
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8 1111.1, 1114, or 1123 of Title 21 of the Oklahoma
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9 Statutes or who enters this state and who has been
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10 convicted, received a suspended sentence, or received
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11 a deferred judgment for a crime or attempted crime
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12 which, if committed or attempted in this state, would
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13 be a crime or an attempt to commit a crime provided
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14 for in any of the laws, and
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15 b. except as provided for in subparagraph a of this
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16 paragraph, the State Board of Education shall have the
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17 authority to revoke or suspend a certificate only for
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18 the following reasons:
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19 (1) a willful violation of any federal or state law,
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20 (2) the abuse or neglect of a child,
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21 (3) moral turpitude,
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22 (4) incompetency in the performance of duty, or
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23 (5) neglect of any professional duty.
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Req. No. 1370 Page 5
1 The State Board of Education shall not have the
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2 authority to summarily revoke or suspend a certificate
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3 pending an individual proceeding for revocation or
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4 other action unless for a valid emergency as defined
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5 in the Administrative Procedures Act. In no event
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6 shall the State Board of Education move to revoke or
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7 suspend a certificate, emergency or otherwise, unless
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8 the certificate holder and any employing school
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9 district has received notice at least ten (10) days
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10 prior to filing of the complaint, and
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11 c. all funds collected by the State Department of
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12 Education for the issuance of certificates to
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13 instructional, supervisory, and administrative
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14 personnel in the public schools of the state shall be
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15 deposited in the "Teachers' Certification Fund" in the
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16 State Treasury and may be expended by the State Board
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17 of Education to finance the activities of the State
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18 Department of Education necessary to administer the
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19 program, for consultative services, publication costs,
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20 actual and necessary travel expenses as provided in
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21 the State Travel Reimbursement Act incurred by persons
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22 performing research work, and other expenses found
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23 necessary by the State Board of Education for the
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24 improvement of the preparation and certification of
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Req. No. 1370 Page 6
1 teachers in this state. Provided, any unobligated
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2 balance in the Teachers' Certification Fund in excess
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3 of Ten Thousand Dollars ($10,000.00) on June 30 of any
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4 fiscal year shall be transferred to the General
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5 Revenue Fund of this state. Until July 1, 1997, the
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6 State Board of Education shall have authority for
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7 approval of teacher education programs. The State
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8 Board of Education shall also have authority for the
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9 administration of teacher residency and professional
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10 development, subject to the provisions of the Oklahoma
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11 Teacher Preparation Act;
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12 7. Promulgate rules governing the classification, inspection,
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13 supervision, and accrediting of all public nursery, kindergarten,
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14 elementary and secondary schools, and on-site educational services
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15 provided by public school districts or state-accredited private
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16 schools in partial hospitalization programs, day treatment programs,
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17 and day hospital programs as defined in this section, Section 3-
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18 104.7 of this title, and Section 603.4 175.20 of Title 10 of the
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19 Oklahoma Statutes for persons between the ages of three (3) and
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20 twenty-one (21) years of age in the state. However, no school shall
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21 be denied accreditation solely on the basis of average daily
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22 attendance.
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23 Any school district which maintains an elementary school and
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24 faces the necessity of relocating its school facilities because of
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Req. No. 1370 Page 7
1 construction of a lake, either by state or federal authority, which
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2 will inundate the school facilities, shall be entitled to receive
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3 probationary accreditation from the State Board of Education for a
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4 period of five (5) years after June 12, 1975, and any school
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5 district, otherwise qualified, shall be entitled to receive
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6 probationary accreditation from the State Board of Education for a
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7 period of two (2) consecutive years to attain the minimum average
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8 daily attendance. The Head Start and public nurseries or
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9 kindergartens operated from community action agency funds shall not
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10 be subjected to the accrediting rules of the State Board of
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11 Education. Neither will the State Board of Education make rules
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12 affecting the operation of the public nurseries and kindergartens
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13 operated from federal funds secured through community action
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14 agencies even though they may be operating in the public schools of
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15 the state. However, any of the Head Start or public nurseries or
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16 kindergartens operated under federal regulations may make
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17 application for accrediting from the State Board of Education but
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18 will be accredited only if application for the approval of the
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19 programs is made. The status of no school district shall be changed
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20 which will reduce it to a lower classification until due notice has
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21 been given to the proper authorities thereof and an opportunity
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22 given to correct the conditions which otherwise would be the cause
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23 of such reduction.
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1 Private and parochial schools may be accredited and classified
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2 in like manner as public schools or, if an accrediting association
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3 is approved by the State Board of Education, by procedures
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4 established by the State Board of Education to accept accreditation
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5 by such accrediting association, if application is made to the State
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6 Board of Education for such accrediting;
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7 8. Be the legal agent of this state to accept, in its
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8 discretion, the provisions of any Act of Congress appropriating or
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9 apportioning funds which are now, or may hereafter be, provided for
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10 use in connection with any phase of the system of public education
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11 in Oklahoma. It shall prescribe such rules as it finds necessary to
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12 provide for the proper distribution of such funds in accordance with
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13 the state and federal laws;
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14 9. Be and is specifically hereby designated as the agency of
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15 this state to cooperate and deal with any officer, board, or
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16 authority of the United States Government under any law of the
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17 United States which may require or recommend cooperation with any
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18 state board having charge of the administration of public schools
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19 unless otherwise provided by law;
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20 10. Be and is hereby designated as the "State Educational
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21 Agency" state educational agency referred to in Public Law 396 of
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22 the 79th Congress of the United States, as amended, which law states
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23 that the act may be cited known as the "National Richard B. Russell
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24 National School Lunch Act" Act, and the State Board of Education is
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Req. No. 1370 Page 9
1 hereby authorized and directed to accept the terms and provisions of
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2 the act and to enter into such agreements, not in conflict with the
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3 Constitution of Oklahoma or the Constitution and Statutes of the
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4 United States, as may be necessary or appropriate to secure for this
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5 state the benefits of the school lunch program established and
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6 referred to in the act;
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7 11. Have authority to secure and administer the benefits of the
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8 Richard B. Russell National School Lunch Act, Public Law 396 of the
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9 79th Congress of the United States, as amended, in this state and is
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10 hereby authorized to employ or appoint and fix the compensation of
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11 such additional officers or employees and to incur such expenses as
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12 may be necessary for the accomplishment of the above purpose, and
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13 administer the distribution of any state funds appropriated by the
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14 Legislature required as federal matching to reimburse on children's
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15 meals;
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16 12. Accept and provide for the administration of any land,
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17 money, buildings, gifts, donation donations, or other things of
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18 value which may be offered or bequeathed to the schools under the
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19 supervision or control of the Board;
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20 13. Have authority to require persons having administrative
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21 control of all school districts in Oklahoma to make such regular and
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22 special reports regarding the activities of the schools in the
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23 districts as the Board may deem needful for the proper exercise of
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24 its duties and functions. Such authority shall include the right of
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1 the State Board of Education to withhold all state funds under its
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2 control, to withhold official recognition including accrediting,
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3 until such required reports have been filed and accepted in the
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4 office of the Board and to revoke the certificates of persons
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5 failing or refusing to make such reports;
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6 14. Have general supervision of the school lunch program. The
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7 State Board of Education may sponsor workshops for personnel and
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8 participants in the school lunch program and may develop, print, and
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9 distribute free of charge or sell any materials, books, and
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10 bulletins to be used in the school lunch programs. There is hereby
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11 created in the State Treasury a revolving fund for the Board, to be
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12 designated the "School Lunch Workshop Revolving Fund". The fund
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13 shall consist of all fees derived from or on behalf of any
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14 participant in any such workshop sponsored by the State Board of
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15 Education, or from the sale of any materials, books, and bulletins,
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16 and funds shall be disbursed for expenses of such workshops and for
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17 developing, printing, and distributing of the materials, books, and
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18 bulletins relating to the school lunch program. The fund shall be
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19 administered in accordance with Section 155 of Title 62 of the
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20 Oklahoma Statutes;
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21 15. Prescribe all forms for school district and county officers
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22 to report to the State Board of Education where required. The State
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23 Board of Education shall also prescribe a list of appropriation
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24 accounts by which the funds of school districts shall be budgeted,
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Req. No. 1370 Page 11
1 accounted for, and expended; and it shall be the duty of the State
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2 Auditor and Inspector in prescribing all budgeting, accounting, and
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3 reporting forms for school funds to conform to such lists;
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4 16. Provide for the establishment of a uniform system of pupil
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5 and personnel accounting, records, and reports;
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6 17. Have authority to provide for the health and safety of
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7 school children and school personnel while under the jurisdiction of
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8 school authorities;
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9 18. Provide for the supervision of the transportation of
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10 pupils;
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11 19. Have authority, upon request of the local school board, to
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12 act in behalf of the public schools of the state in the purchase of
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13 transportation equipment;
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14 20. Have authority and is hereby required to perform all duties
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15 necessary to the administration of the public school system in
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16 Oklahoma as specified in the Oklahoma School Code; and, in addition
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17 thereto, those duties not specifically mentioned herein if not
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18 delegated by law to any other agency or official;
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19 21. Administer the State Public Common School Building
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20 Equalization Fund established by Section 32 of Article X of the
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21 Oklahoma Constitution. Any monies as may be appropriated or
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22 designated by the Legislature, other than ad valorem taxes, any
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23 other funds identified by the State Department of Education, which
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24 may include, but not be limited to, grants-in-aid from the federal
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Req. No. 1370 Page 12
1 government for building purposes, the proceeds of all property that
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2 shall fall to the state by escheat, penalties for unlawful holding
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3 of real estate by corporations, and capital gains on assets of the
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4 permanent school funds, shall be deposited in the State Public
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5 Common School Building Equalization Fund. The fund shall be used to
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6 aid school districts and charter schools in acquiring buildings,
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7 subject to the limitations fixed by Section 32 of Article X of the
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8 Oklahoma Constitution. It is hereby declared that redbud school
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9 grants disbursed from the State Public Common School Building
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10 Equalization Fund shall be used for the same purposes as a building
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11 fund, as provided for in Section 1-118 of this title. It is hereby
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12 declared that the term "school districts" as used in Section 32 of
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13 Article X of the Oklahoma Constitution shall mean school districts
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14 and eligible charter schools as defined in subsection B of this
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15 section. The State Board of Education shall disburse redbud school
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16 grants annually from the State Public Common School Building
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17 Equalization Fund to public schools and eligible charter schools
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18 pursuant to subsection B of this section. The Board shall
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19 promulgate rules for the implementation of disbursing redbud school
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20 grants pursuant to this section. The State Board of Education shall
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21 prescribe rules for making grants of aid from, and for otherwise
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22 administering, the fund pursuant to the provisions of this
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23 paragraph, and may employ and fix the duties and compensation of
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24 technicians, aides, clerks, stenographers, attorneys, and other
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Req. No. 1370 Page 13
1 personnel deemed necessary to carry out the provisions of this
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2 paragraph. The cost of administering the fund shall be paid from
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3 monies appropriated to the State Board of Education for the
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4 operation of the State Department of Education. From monies
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5 apportioned to the fund, the State Department of Education may
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6 reserve not more than one-half of one percent (1/2 of 1%) for
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7 purposes of administering the fund;
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8 22. Recognize that the Director of the Department of
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9 Corrections shall be the administrative authority for the schools
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10 which are maintained in the state reformatories and shall appoint
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11 the principals and teachers in such schools. Provided, that rules
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12 of the State Board of Education for the classification, inspection,
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13 and accreditation of public schools shall be applicable to such
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14 schools; and such schools shall comply with standards set by the
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15 State Board of Education; and
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16 23. Have authority to administer a revolving fund which is
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17 hereby created in the State Treasury, to be designated the
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18 "Statistical Services Revolving Fund". The fund shall consist of
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19 all monies received from the various school districts of the state,
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20 the United States Government, and other sources for the purpose of
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21 furnishing or financing statistical services and for any other
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22 purpose as designated by the Legislature. The State Board of
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23 Education is hereby authorized to enter into agreements with school
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24 districts, municipalities, the United States Government,
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Req. No. 1370 Page 14
1 foundations, and other agencies or individuals for services,
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2 programs, or research projects. The Statistical Services Revolving
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3 Fund shall be administered in accordance with Section 155 of Title
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4 62 of the Oklahoma Statutes.
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5 B. 1. The redbud school grants shall be determined by the
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6 State Department of Education as follows:
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7 a. divide the county four-mill levy revenue by four to
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8 determine the nonchargeable county four-mill revenue
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9 for each school district,
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10 b. determine the amount of new revenue generated by the
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11 five-mill building fund levy as authorized by Section
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12 10 of Article X of the Oklahoma Constitution for each
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13 school district as reported in the Oklahoma Cost
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14 Accounting System for the preceding fiscal year,
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15 c. add the amounts calculated in subparagraphs a and b of
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16 this paragraph to determine the nonchargeable millage
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17 for each school district,
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18 d. add the nonchargeable millage in each district
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19 statewide as calculated in subparagraph c of this
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20 paragraph and divide the total by the average daily
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21 membership in public schools statewide based on the
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22 preceding school year's average daily membership,
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23 according to the provisions of Section 18-107 of this
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24 title. This amount is the statewide nonchargeable
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Req. No. 1370 Page 15
1 millage per student, known as the baseline local
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2 funding per student,
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3 e. all eligible charter schools shall be included in
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4 these calculations as unique school districts,
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5 separate from the school district that may sponsor the
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6 eligible charter school, and the total number of
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7 districts shall be used to determine the statewide
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8 average baseline local funding per student,
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9 f. for each school district or eligible charter school
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10 which is below the baseline local funding per student,
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11 the Department shall subtract the baseline local
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12 funding per student from the average nonchargeable
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13 millage per student of the school district or eligible
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14 charter school to determine the nonchargeable millage
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15 per student shortfall for each district, and
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16 g. the nonchargeable millage per student shortfall for a
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17 school district or eligible charter school shall be
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18 multiplied by the average daily membership of the
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19 preceding school year of the eligible school district
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20 or eligible charter school. This amount shall be the
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21 redbud school grant amount for the school district or
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22 eligible charter school.
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23 2. For fiscal year 2022, monies for the redbud school grants
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24 shall be expended from the funds apportioned pursuant to Section 426
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Req. No. 1370 Page 16
1 of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each
1
2 subsequent fiscal year, monies for the redbud school grants shall be
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3 appropriated pursuant to Section 426 of Title 63 of the Oklahoma
3
4 Statutes, not to exceed three-fourths (3/4) of the tax collected in
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5 the preceding fiscal year pursuant to Section 426 of Title 63 of the
5
6 Oklahoma Statutes as determined by the Oklahoma Tax Commission. For
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7 fiscal year 2023 and each subsequent fiscal year, if such
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8 appropriated funds are insufficient to fund the redbud school
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9 grants, then an additional apportionment of funds shall be made from
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10 sales tax collections as provided by subsection D of Section 1353 of
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11 Title 68 of the Oklahoma Statutes. If both funds are insufficient,
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12 the Department shall promulgate rules to permit a decrease to the
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13 baseline local funding per student to the highest amount allowed
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14 with the funding available.
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15 3. As used in this section, "eligible charter school" shall
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16 mean a charter school which is sponsored pursuant to the provisions
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17 of the Oklahoma Charter Schools Act. Provided, however, eligible
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18 charter school shall not include a statewide virtual charter school
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19 sponsored by the Statewide Charter School Board but shall only
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20 include those which provide in-person or blended instruction, as
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21 provided by Section 1-111 of this title, to not less than two-thirds
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22 (2/3) of students as the primary means of instructional service
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23 delivery.
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Req. No. 1370 Page 17
1 4. The Department shall develop a program to acknowledge the
1
2 redbud school grant recipients and shall include elected members of
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3 the House of Representatives and Senate who represent the school
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4 districts and eligible charter schools.
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5 5. The Department shall create a dedicated page on its website
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6 listing annual redbud school grant recipients, amount awarded to
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7 each recipient, and other pertinent information about the Redbud
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8 School Funding Act.
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9 6. The Department shall provide the chair of the House
9
10 Appropriations and Budget Committee and the chair of the Senate
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11 Appropriations Committee no later than February 1 of each year with
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12 an estimate of the upcoming year's redbud school grant allocation as
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13 prescribed by this section.
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14 SECTION 2. This act shall become effective July 1, 2025.
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15 SECTION 3. It being immediately necessary for the preservation
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16 of the public peace, health, or safety, an emergency is hereby
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17 declared to exist, by reason whereof this act shall take effect and
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18 be in full force from and after its passage and approval.
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Req. No. 1370 Page 18Every fact on this page links to its source, starting with the official bill record.