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§70-1. Repealed by Laws 1941, p. 416, § 8.
§70-1-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;"
§70-1-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-20. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1-101. Oklahoma School Code.
This act shall be known as the Oklahoma School Code.
Added by Laws 1971, c. 281, § 1-101, eff. July 2, 1971.
§70-1-102. Purpose of act.
The purpose of the Oklahoma School Code is to provide for a state
system of public school education and for the establishment,
organization, operation and support of such state system.
Added by Laws 1971, c. 281, § 1-102, eff. July 2, 1971.
§70-1-103. Act to be liberally construed.
If any section or part of the Oklahoma School Code is found to be
ambiguous or otherwise subject to more than one interpretation, such
section shall be liberally construed to the extent that the general
purpose of the entire Code and of public education may be advanced.
Added by Laws 1971, c. 281, § 1-103, eff. July 2, 1971.
§70-1-104. Act not to repeal or modify tax laws unless specifically
provided.
Nothing in the Oklahoma School Code shall be interpreted as
repealing or modifying any law in effect in the State of Oklahoma
relative to the collection of any taxes unless specifically provided
for herein, and all appropriations existing at the time this Code
becomes effective shall be subject to all provisions of said
appropriations at the time of their enactment and no omission of or
reference to any appropriations shall be construed as repealing any
such appropriation or part thereof.
Added by Laws 1971, c. 281, § 1-104, eff. July 2, 1971.
§70-1-105. State Department of Education - State Board of Education
- State Superintendent of Public Instruction - Definitions.
A. The State Department of Education is that department of the
state government in which the agencies created or authorized by the
Constitution and Legislature are placed and charged with the
*+,-11'121#+,, .;""
responsibility of determining the policies and directing the
administration and supervision of the public school system of the
state. These agencies are the State Board of Education, the State
Superintendent of Public Instruction and any divisions and positions
as may be established by law, by the State Board of Education or by
the State Superintendent of Public Instruction.
B. The State Board of Education is that agency in the State
Department of Education which shall be the governing board of the
public school system of the state.
C. The State Superintendent of Public Instruction is the
official provided for in Section 1 of Article VI of the Oklahoma
Constitution who shall be the executive officer of the State Board of
Education and have control of and direct the State Department of
Education.
Added by Laws 1971, c. 281, § 1-105, eff. July 2, 1971. Amended by
Laws 1990, c. 293, § 6, eff. Sept. 1, 1990; Laws 2011, c. 31, § 1.
§70-1-106. Public schools - Definition - What included.
The public schools of Oklahoma shall consist of all free schools
supported by public taxation and shall include nurseries,
kindergartens, elementary, which may include either K-6 or K-8,
secondary schools and technology center schools, not to exceed two
(2) years of junior college work, night schools, adult and other
special classes, vocational and technical instruction and such other
school classes and instruction as may be supported by public taxation
or otherwise authorized by laws which are now in effect or which may
hereafter be enacted.
Added by Laws 1971, c. 281, § 1-106, eff. July 2, 1971. Amended by
Laws 2001, c. 33, § 64, eff. July 1, 2001.
§70-1-107. Educational services - Enumeration.
Either in conjunction with public schools or otherwise under the
control and supervision of school agencies and officials provided by
law for the control and supervision of public schools, other
educational services may include health activities, school lunch
programs, audiovisual education, safety education, vocational
rehabilitation, education of exceptional and handicapped children,
playground and physical education activities and such other special
services, functions, and activities as may be authorized by law or by
regulation of the State Board of Education.
Laws 1971, c. 281, § 1-107, eff. July 2, 1971.
§70-1-107.1. Technology - Generally defined for educational and
governmental purposes.
A. Unless otherwise specifically defined, technology is applied
knowledge. For educational and governmental purposes, technology
shall include but not be limited to information technology,
*+,-11'121#+,, .;"
telecommunications technology and implemental technology.
Information technology shall include but not be limited to computers,
computer hardware, scanners, multimedia material, facsimile, e-mail,
computer software, CD ROM material or other magnetic media, computer
simulations, video, the World Wide Web (WWW) or Internet, Listservs,
multiuser domains and other technology used in distance learning or
distance education. Telecommunications technology shall include but
not be limited to local area networks and wide area networks.
Implemental technology shall include but not be limited to
implements, equipment, instruments or devices that promote the
technology education process and are employed in the science or study
of the practical, industrial, or mechanical arts or applied sciences.
B. The provisions of subsection A of this section shall apply
when related to the expenditure of public funds by educational and
governmental entities.
Added by Laws 1998, c. 90, § 1, emerg. eff. April 9, 1998.
§70-1-108. School district - Definition.
A school district is defined as any area or territory comprising
a legal entity, whose primary purpose is that of providing free
school education, whose boundary lines are a matter of public record,
and the area of which constitutes a complete tax unit.
Added by Laws 1971, c. 281, § 1-108, eff. July 2, 1971.
§70-1-109. Length of school year - School for less than full year –
Extended-day schedule - Closure for inclement weather.
A. For all public schools in Oklahoma, school shall actually be
in session and classroom instruction offered:
1. For not less than one hundred eighty (180) days; or
2. For not less than one thousand eighty (1,080) hours each
school year, if a district board of education adopts a school-hours
policy and notifies the State Board of Education prior to October 15
of the applicable school year; or
3. Beginning with the 2021-2022 school year, for not less than
one thousand eighty (1,080) hours with a minimum of one hundred
sixty-five (165) days of instruction each school year, if a district
board of education adopts a school-hours policy and notifies the
State Board of Education prior to October 15 of the applicable school
year; or
4. Beginning with the 2021-2022 school year, for not less than
one thousand eighty (1,080) hours each school year, if a district
board of education adopts a school-hours policy, notifies the State
Board of Education prior to October 15 of the applicable school year
and meets the requirements established by the State Board of
Education pursuant to subsection H of this section.
B. A school district may not count more than thirty (30) hours
each school year that are used for attendance of professional
*+,-11'121#+,, .;
meetings toward the one hundred eighty (180) days or one thousand
eighty (1,080) hours of classroom instruction time required in
subsection A of this section.
C. Teachers off contract with an employing district shall not be
required by the employing school district to attend professional
meetings unless the teacher is paid additional compensation for the
additional time. Teachers may be paid additional compensation for
attending professional meetings in excess of their contract term.
Subject to district board of education policy or collective
bargaining agreement, additional paid professional days may be
granted for individual teachers to attend or participate in
professional meetings, staff development training, or National Board
certification portfolio development as provided for in Section 6-
204.2 of this title.
D. A school district may authorize parent-teacher conferences to
be held during a regular school day. If authorized by the school
district, parent-teacher conferences shall be counted as classroom
instruction time for no more than six (6) hours per semester, for a
total of twelve (12) hours per school year.
E. A school district may maintain school for less than a full
school year only when conditions beyond the control of school
authorities make the maintenance of the term impossible and the State
Board of Education has been apprised and has expressed concurrence in
writing.
F. The State Board of Education shall establish criteria for an
extended-day schedule for schools subject to paragraph 1 of
subsection A of this section. The criteria shall:
1. Prescribe a lengthened school day within limits determined
not to be detrimental to quality instruction;
2. Ensure that the schedule is equivalent in annual hours of
instruction to the one-hundred-eighty-day school year specified in
paragraph 1 of subsection A of this section; and
3. Be consistent with the provisions of this section and
Sections 1-111 and 1-112 of this title, but may result in fewer
annual days of instruction.
G. Notwithstanding the provisions of subsection F of this
section, a school district board of education subject to paragraph 1
of subsection A of this section may adopt and implement an extended-
day schedule subject to the following requirements:
1. The annual number of hours of instruction shall equal or
exceed one thousand eighty (1,080) hours, which is the equivalent of
one hundred eighty (180) days of instruction as specified in
subsection A of this section for six (6) hours each day as specified
in Section 1-111 of this title;
2. The annual number of days of instruction shall equal or
exceed one hundred eighty (180) days as specified in subsection A of
this section;
*+,-11'121#+,, .;
3. The schedule adopted shall be consistent with the provisions
of Sections 1-111 and 1-112 of this title, except that for not more
than one (1) day per week, a school day shall consist of not less
than five (5) hours devoted to academic instruction in a regular
classroom setting;
4. The district shall hold a public hearing prior to the
adoption of an extended-day schedule authorized pursuant to this
subsection; and
5. The district shall document the impact on student achievement
as determined by the academic performance data score and any other
relevant factors that are a result of implementation of an extended-
day schedule authorized pursuant to this subsection and provide an
annual report to the State Board of Education of the results. If
improvement in student achievement cannot be documented in the
report, the district board of education shall revoke authorization as
provided by this subsection. If the district does not revoke
authorization after student achievement is not documented in the
report, the State Board of Education may deny accreditation of any
school in violation of this subsection.
H. Beginning with the 2021-2022 school year, a school district
board of education may adopt a school-hours policy as provided for by
paragraph 4 of subsection A of this section only if it meets or
exceeds the minimum guidelines for student performance and school
district cost savings established by the State Board of Education.
The State Board of Education shall promulgate rules, subject to
approval by the Legislature, establishing the minimum guidelines for
student performance and school district cost savings.
I. If subject to paragraph 2 of subsection A of this section, a
district board of education or designee may elect to close a school
during the school day for inclement weather purposes. In such an
event, the number of hours incurred in classroom instruction time
prior to school closure shall be counted toward the one thousand
eighty (1,080) hours per year requirement.
J. Nothing in this section shall be construed as affecting the
right of an employing school district to require teachers as defined
in Section 6-101.3 of this title to work in excess of the one
thousand eighty (1,080) hours required for student instruction. In
addition, nothing in this section shall be construed to affect the
Fair Labor Standards Act status of any school district employee.
K. The provisions of this section shall not prohibit the
Oklahoma School for the Blind or the Oklahoma School for the Deaf
from adopting an alternative school-hours policy if the Oklahoma
School for the Blind or the Oklahoma School for the Deaf notifies and
receives approval from the State Board of Education prior to October
15 of the applicable school year.
Added by Laws 1971, c. 281, § 1-109, eff. July 2, 1971. Amended by
Laws 1978, c. 22, § 1, emerg. eff. March 10, 1978; Laws 1979, c. 1, §
*+,-11'121#+,, .;$
1, emerg. eff. March 8, 1979; Laws 1981, c. 290, § 1, eff. July 1,
1981; Laws 1982, c. 13, § 1, emerg. eff. March 17, 1982; Laws 1983,
c. 330, § 39, operative July 1, 1983; Laws 1984, c. 296, § 36,
operative July 1, 1984; Laws 1985, c. 143, § 1, eff. July 1, 1985;
Laws 1992, c. 324, § 4, eff. July 1, 1992; Laws 1998, c. 350, § 2,
emerg. eff. June 5, 1998; Laws 2002, c. 236, § 1, eff. July 1, 2002;
Laws 2006, c. 250, § 1, eff. July 1, 2006; Laws 2009, c. 103, § 1,
emerg. eff. April 24, 2009; Laws 2013, c. 83, § 1, eff. July 1, 2013;
Laws 2013, c. 242, § 1, eff. Nov. 1, 2013; Laws 2016, c. 6, § 1, eff.
July 1, 2016; Laws 2019, c. 490, § 1, eff. Sept. 1, 2019.
NOTE: Laws 1981, c. 81, § 1 repealed by Laws 1982, c. 13, § 2,
emerg. eff. March 17, 1982.
§70-1-109.1. Optional Extended School Year Program.
A. School districts shall have the option of establishing and
offering an extended school year according to the provisions of this
section. The Optional Extended School Year Program provided in
paragraph 15 of subsection A of Section 109 of this act means those
programs which school districts may provide at the district, site or
class level. For the purposes of this program, a school year shall
consist of either eleven (11) or twelve (12) months in which school
is offered in excess of two hundred (200) days of at least six (6)
hours each day. The purpose of the program shall be to improve
academic achievement of students participating in the extended school
year. The program shall be funded by means of the pupil category
weight to be determined by the State Board of Education based upon an
amount of funding specified in the State Board of Education's annual
appropriation and the level of participation.
B. The State Board of Education shall establish criteria for
participation in the program which shall include:
1. A competitive application process based upon requests for
proposals;
2. A plan for determining measurable results in terms of
academic achievement, pupil retention and other indicators of
educational success, including the remediation needs of the
district's students;
3. Diversified participation by school district size and
geographic location and by amount of school district budget. At
least one school district in each of the following categories shall
be included: General Fund of less than One Million Dollars
($1,000,000.00); General Fund of from One Million Dollars
($1,000,000.00) to Five Million Dollars ($5,000,000.00); General Fund
of from Five Million Dollars ($5,000,000.00) to Ten Million Dollars
($10,000,000.00); and General Fund of Ten Million Dollars
($10,000,000.00) or more. Provided, participation in one of the
above categories may be disallowed if no district meeting such fund
requirements makes application for the program.
*+,-11'121#+,, .;(
Added by Laws 1989, 1st Ex.Sess., c. 2, § 18, operative July 1, 1990.
§70-1-110. Repealed by Laws 2009, c. 103, § 6, emerg. eff. April 24,
2009.
§70-1-111. School day - Six hours - Exceptions.
A. Except as otherwise provided for by law, a school day shall
consist of not less than six (6) hours devoted to school activities.
A district board of education may elect to extend the length of one
(1) or more school days to more than six (6) hours and reduce the
number of school days as long as the total amount of classroom
instruction time is not less than one thousand eighty (1,080) hours
per year as required pursuant to Section 1-109 of this title.
B. A school day for nursery, early childhood education,
kindergarten, and alternative education programs shall be as
otherwise defined by law or as defined by the State Board of
Education. Except as otherwise provided for in this subsection, not
more than one (1) school day shall be counted for attendance purposes
in any twenty-four-hour period. Two (2) school days, each consisting
of not less than six (6) hours, may be counted for attendance
purposes in any twenty-four-hour period only if one of the school
days is for the purpose of parent-teacher conferences held as
provided for in Section 1-109 of this title.
C. Students absent from school in which they are regularly
enrolled may be considered as being in attendance if the reason for
such absence is to participate in scheduled school activities under
the direction and supervision of a regular member of the faculty or
to participate in an online course approved by the district board of
education. The State Board of Education shall adopt rules to provide
for the implementation of supplemental online courses which shall
include, but not be limited to, provisions addressing the following:
1. Criteria for student admissions eligibility;
2. A student admission process administered through the district
of residence, which provides the ability for the student to enroll in
individual courses;
3. A process by which students are not denied the opportunity to
enroll in educationally appropriate courses by school districts. For
the purposes of this section, "educationally appropriate" means any
instruction that is not substantially a repeat of a course or portion
of a course that the student has successfully completed, regardless
of the grade of the student, and regardless of whether a course is
similar to or identical to the instruction that is currently offered
in the school district;
4. Creation of a system which provides ongoing enrollment access
for students throughout the school year;
*+,-11'121#+,, .;
5. A grace period of fifteen (15) calendar days from the first
day of an online course for student withdrawal from an online course
without academic penalty;
6. Mastery of competencies for course completion rather than
Carnegie units;
7. Student participation in extracurricular activities in
accordance with school district eligibility rules and policies and
any rules and policies of a private organization or association which
provides the coordination, supervision, and regulation of the
interscholastic activities and contests of schools;
8. Parent authorization for release of state test results to
online course providers, on a form developed by the State Department
of Education; and
9. A review process to identify and certify online course
providers and a uniform payment processing system.
D. Each district board of education shall adopt policies and
procedures that conform to rules for online courses as adopted by the
State Board. Such policies shall include criteria for approval of
the course, the appropriateness of the course for a particular
student, authorization for full-time students to enroll in online
courses, and establishing fees or charges. No district shall be
liable for payment of any fees or charges for any online course for a
student who has not complied with the district's policies and
procedures. School districts shall not deny students the opportunity
to enroll in educationally appropriate courses and shall provide an
admissions process which includes input from the student, the parent
or guardian of the student, and school faculty.
E. Districts shall require students enrolled in online courses
to participate in the Oklahoma School Testing Program Act. Students
participating in online courses from a remote site will be
responsible for providing their own equipment and Internet access,
unless the district chooses to provide the equipment. Credit may not
be granted for such courses except upon approval of the State Board
of Education and the district board of education.
F. The school day for kindergarten may consist of six (6) hours
devoted to school activities.
Added by Laws 1971, c. 281, § 1-111, eff. July 2, 1971. Amended by
Laws 1989, c. 335, § 5, eff. July 1, 1989; Laws 1989, 1st Ex. Sess.,
c. 2, § 32, emerg. eff. April 25, 1990; Laws 1992, c. 324, § 5, eff.
July 1, 1992; Laws 1994, c. 290, § 68, eff. July 1, 1994; Laws 2001,
c. 427, § 1, emerg. eff. June 5, 2001; Laws 2002, c. 453, § 1, eff.
July 1, 2002; Laws 2003, c. 169, § 1, eff. July 1, 2003; Laws 2004,
c. 5, § 81, emerg. eff. March 1, 2004; Laws 2009, c. 103, § 2, emerg.
eff. April 24, 2009; Laws 2010, c. 352, § 1; Laws 2011, c. 368, § 1,
eff. July 1, 2011; Laws 2012, c. 24, § 1, eff. July 1, 2012; Laws
2013, c. 203, § 1, eff. July 1, 2013; Laws 2016, c. 135, § 1, eff.
July 1, 2016.
*+,-11'121#+,, .;)
NOTE: Laws 2003, c. 40, § 1 repealed by Laws 2004, c. 5, § 82,
emerg. eff. March 1, 2004.
§70-1-112. School taught on Saturday.
School taught on Saturday shall not be counted for attendance
purposes in meeting the school year requirements as set forth in
Section 1-109 of this title. School taught on Saturday may be
substituted for regular school days during which school has been or
will be closed upon approval of the State Board of Education.
Added by Laws 1971, c. 281, § 1-112, eff. July 2, 1971. Amended by
Laws 2009, c. 103, § 3, emerg. eff. April 24, 2009.
§70-1-113. School district residency.
A. When used in this section, the residence of any child for
school purposes shall be:
1. The legal residence of the parents, guardian, or person
having legal custody.
Each school district board of education shall adopt a policy
establishing the requirements for student residency for that district
which provides for residence as described in this paragraph. Within
the discretion of each school district's board of education, the
policy may but is not required to allow for establishment of
residency by affidavit when an adult, whether a relative or not, who
does not fall within one of the categories listed above, who holds
legal residence in the school district, and who has assumed permanent
care and custody of the child files an affidavit with the school
district attesting that they have assumed custody and the reasons for
assuming custody. Any policy allowing the establishment of residency
by affidavit shall require the adult who provides the affidavit to
affirm in such affidavit that the custody arrangement is permanent
and that the adult contributes the major degree of support to the
child. If the school district policy allows establishment of
residency by affidavit, any person who willfully makes a statement in
the affidavit which the person knows to be false shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
the county jail for not more than one (1) year or a fine of not more
than Five Hundred Dollars ($500.00) or both such fine and
imprisonment. Each school district shall include in its policy on
residency any documentation necessary for the administration of the
policy;
2. The foster family home, as defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, except a therapeutic foster
family home or a specialized foster home where a child is in
voluntary placement as defined in subsection D of this section, in
which the child has been placed:
a. by the person or agency having legal custody of the
child pursuant to a court order, or
*+,-11'121#+,, .;!
b. by a state agency having legal custody of the child
pursuant to the provisions of Title 10A of the Oklahoma
Statutes.
Upon request of the foster parent, the residence of a child
in foster care for school purposes may be changed to the school
district in which the child resided prior to being placed in foster
care or the school district in which the previous foster family home
of the child is located;
3. Any orphanage or eleemosynary child care facility having
full-time care and custody;
4. Any eleemosynary child care facility in which a child is
placed by a parent or guardian for full-time residential care;
provided, the provision of this paragraph shall apply only to
children who attend a district school by joint agreement of the
school district and facility and who are not placed in the facility
through a state contract. For purposes of this paragraph,
"eleemosynary child care facility" means a facility:
a. where child care and services are provided, and
b. which is funded predominantly by benevolent or
charitable funds and is exempt from taxation pursuant
to the provisions of Section 501(c)(3) of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3);
5. Any state-operated institution in which a child has been
placed by a parent or guardian or by a state agency having legal
custody of the child pursuant to the provisions of Title 10A or
Section 3-101 of Title 43A of the Oklahoma Statutes for care and
treatment due to a physical or mental condition of the child;
6. Any facility in which a child has been admitted and is
receiving on-site educational services as provided for in Section 3-
104.7 of this title;
7. The district in which a child who is entirely self-supporting
resides and attends school; or
8. A state-licensed children's emergency resource center or
state-operated emergency shelter.
B. No school district shall bear the cost of educating children
who are not residents of this state. A school district may furnish
educational services pursuant to contract as elsewhere provided by
law. A school district may furnish educational services pursuant to
a contract to children who do not reside in the United States of
America; provided, the children shall not be counted in the average
daily membership of the school district.
C. For the purpose of ensuring that a child placed in a
therapeutic foster family home, as defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, receives an appropriate
education, no receiving school district shall be required to enroll
such a child if the enrollment would cause the proportion of students
in therapeutic foster family homes as compared to the average daily
*+,-11'121#+,, .;
membership of the receiving district for the preceding school year to
exceed two percent (2%). Children served by Head Start may not be
counted for the purpose of this paragraph unless the child is on an
individualized education program provided by the school district.
Any school district may enroll such students who are outside the
student's resident district in therapeutic foster family home
placements which exceed this limit if the school determines it
possesses the ability to provide such child an appropriate education.
D. When a child does not meet the criteria for residency
provided in subsection A of this section and is placed in any of the
following entities which is out of the home of the child and not in
the school district in which the child legally resides:
1. A residential facility;
2. A treatment program or center, including the facility
operated pursuant to Section 485.1 of Title 63 of the Oklahoma
Statutes;
3. A therapeutic foster family home as defined in Section 1-1-
105 of Title 10A of the Oklahoma Statutes;
4. A specialized foster home, which is a specialized foster home
or an agency-contracted home under the supervision of and certified
as meeting the standards set by the Department of Human Services and
is funded through the Department of Human Services Home and
Community-Based Waiver Services Program; or
5. An acute psychiatric care facility,
the entity shall, if the child contends he or she resides in a school
district other than the district where the entity is located, within
eleven (11) days of admittance, notify the school district in which
the entity is located of the admittance.
For minors who are persons requiring psychiatric treatment as
defined by Title 43A of the Oklahoma Statutes, on-site educational
services shall be provided beginning on the eleventh day of
admission.
Upon provision of educational services to children pursuant to
the provisions of subsection F of this section, the receiving school
district shall receive the State Aid as defined in subsection C of
Section 18-110 of this title for those students.
Access to the due process procedure guaranteed to children with
disabilities shall be available to resolve disagreements about the
appropriateness of placements of children with disabilities.
E. The governing body of any state institution for children
operated pursuant to the provisions of Title 10A of the Oklahoma
Statutes or Section 3-101 of Title 43A of the Oklahoma Statutes and
the board of education of the school district in which the
institution is located or any other school district in the state
willing to provide necessary educational services may enter into a
contract whereby the district will maintain a school for the children
of the institution, in which event the residence of the children for
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school purposes will be considered as being in the district
maintaining the school; provided, however, that upon release from the
school, a child shall be considered as a resident of the originating
school district for school purposes. The governing body of the state
institutions specified in this subsection shall pay the costs for
educating students placed in the state institution less any amount of
funds received for the students by the school district contracting
with the state institution to provide necessary educational services.
F. 1. The school district in which an entity as described in
subsection D of this section exists to serve children in out-of-home
placements shall, upon request of the individual or agency operating
the entity, provide the educational services to which the children in
the entity are entitled subject to the limitations provided in
subsection C of this section. No person operating such an entity may
contract for the provision of educational services with any school
district other than the school district in which the entity is
located unless the school district in which the entity is located
agrees in writing to allow another school district to provide the
educational services or unless the person operating the entity
contracts with another school district for the provision of
educational services to be provided through remote Internet-based
courses. No person operating such an entity may contract for the
provision of educational services with more than one school district.
2. Prior to location in a school district, the individual or
agency operating an entity described in subsection D of this section
which requires provision of educational services from the school
district shall notify the local board of education of its anticipated
educational needs. No school district shall be required to provide
educational services for students in the entity until at least sixty
(60) calendar days have elapsed from the time in which the local
board of education was initially notified of the need unless the
school district so agrees to provide the educational services sooner.
The provisions of this paragraph shall not apply to therapeutic or
specialized foster homes.
3. Educational services provided shall meet or exceed state
accreditation standards. No school district shall be responsible for
any expenses for students in an entity described in subsection D of
this section which are not directly related to the provision of
educational services. A school district shall not be obligated for
expenses of those students in an entity in the current school year
for whom educational services are requested after the first nine (9)
weeks of the current school year for the district if educational
services are requested for twelve or more students than were served
in the first nine (9) weeks, unless the school district chooses to
provide educational services for the current school year. Contracts
and agreements for provision of educational services may allow for
the use of public and private sources of support which are available
*+,-11'121#+,, .;
to share the costs of educational services and of therapies,
treatments, or support services. Otherwise valid obligations to
provide or pay for such services, such as Medicaid, shall remain in
effect for children who are eligible for the services from sources
other than the school district.
4. Upon the request of any residential facility which has
contracted with the Office of Juvenile Affairs to provide either a
regimented juvenile training program or a high-impact wilderness camp
to a minimum of forty students who have been adjudicated, a school
district may contract for the facility to provide the educational
services to those students. Under a contract, the facility shall
operate in accordance with all applicable laws, including compliance
with Section 18-114.14 of this title. The contract shall include the
State Aid generated by the students, less a fee for administrative
services which may be retained by the school district, not to exceed
ten percent (10%) of the total on an annual basis. The school
district shall exercise supervision over the educational program in
the facility and bear all responsibility for required educational
reporting. The school district shall maintain access to all
educational records for students in the facility, and shall provide
for the appropriate academic credit and diplomas. The school
district shall be indemnified against any actions or penalties on the
part of the facility which result in adversity for the school
district.
G. Any question as to the place of residence of any child for
school purposes shall be decided pursuant to procedures utilized by
the State Department of Education.
H. The receiving district shall notify the district of residence
immediately upon finding that the student requires special education
and related services and the district of residence shall participate
in planning the Individualized Education Program (IEP) for the
student and in subsequent reviews of the program in accordance with
the Individuals with Disabilities Education Act (IDEA).
Added by Laws 1971, c. 281, § 1-113, eff. July 2, 1971. Amended by
Laws 1983, c. 150, § 1, operative July 1, 1983; Laws 1984, c. 182, §
1, emerg. eff. May 7, 1984; Laws 1985, c. 336, § 1, operative July 1,
1985; Laws 1986, c. 102, § 1, operative July 1, 1986; Laws 1987, c.
122, § 1, eff. July 1, 1987; Laws 1989, c. 250, § 2, operative July
1, 1989; Laws 1992, c. 262, § 3, emerg. eff. May 22, 1992; Laws 1994,
c. 168, § 1, eff. July 1, 1994; Laws 1995, c. 231, § 8, eff. Nov. 1,
1995; Laws 1996, c. 319, § 1, eff. July 1, 1996; Laws 1997, c. 343, §
1, eff. July 1, 1997; Laws 1998, c. 362, § 1, eff. July 1, 1998; Laws
2002, c. 453, § 2, eff. July 1, 2002; Laws 2009, c. 234, § 154,
emerg. eff. May 21, 2009; Laws 2014, c. 90, § 1, eff. July 1, 2014;
Laws 2015, c. 54, § 27, emerg. eff. April 10, 2015; Laws 2015, c.
363, § 1, eff. July 1, 2015; Laws 2017, c. 254, § 5, eff. Nov. 1,
2017.
*+,-11'121#+,, .;
NOTE: Laws 2014, c. 150, § 1 repealed by Laws 2015, c. 54, § 28,
emerg. eff. April 10, 2015.
§70-1-114. Free attendance - Admission to early childhood programs -
Enrollment in kindergarten and first grade - Nonresident tuition fee.
A. All children between the ages of five (5) years on or before
September 1, and twenty-one (21) years on or before September 1,
shall be entitled to attend school free of charge in the district in
which they reside.
B. All children who are at least four (4) years of age but not
more than five (5) years of age on or before September 1 and who have
not attended a public school kindergarten shall be entitled to attend
half-day or full-day early childhood programs at any public school in
the state where such programs are offered; provided, no child shall
be required to attend any early childhood education program. The
following paragraphs shall govern early childhood programs:
1. Children who are at least four (4) years of age but not more
than five (5) years of age on or before September 1 shall be entitled
to attend either half-day or full-day early childhood programs in
their district of residence free of charge as long as the district
has the physical facilities and teaching personnel to accommodate the
child. For purposes of calculation of State Aid, children in an
early childhood education program shall be included in the average
daily membership of the district providing the program;
2. A child who has not reached the age of five (5) years on or
before September 1 and who resides in a district which does not offer
an early childhood program shall be eligible for transfer to a
district where an early childhood program is offered if the district
that offers the early childhood program agrees to the transfer. A
district offering early childhood programs may refuse to accept a
nonresident child if the district does not have the physical
facilities or teaching personnel to accommodate the child in an early
childhood education class. If the child requesting the transfer has
not reached the age of four (4) years on or before September 1, the
district may refuse to accept the nonresident child if the district
determines the child is not ready for an early childhood program.
Children who are accepted in a program outside their district of
residence as provided in this paragraph shall be included in the
average daily membership of the district providing the program for
State Aid funding subject to the State Aid formula weight limitations
set forth in paragraph 1 of this subsection; and
3. The State Board of Education shall promulgate rules that
create exemptions relating to the maximum age at which a child may
attend half-day or full-day early childhood programs.
C. No child shall be enrolled in kindergarten unless he or she
will have reached the age of five (5) years on or before September 1
of the school year. No child shall be enrolled in the first grade
*+,-11'121#+,, .;
unless he or she will have reached the age of six (6) years on or
before September 1 of the school year.
D. No nonresident and nontransferred pupil shall be allowed to
attend school in any school district unless a tuition fee equal to
the per capita cost of education for a similar period in such
district during the preceding year has been paid to the receiving
district in advance yearly or by semester as determined by the
district board of education of the receiving district. If the State
Board of Education discovers that such attendance has been allowed
without prior payment of the tuition fee in advance as required, no
further payment of any State Aid Funds shall be made to the district
until such district has shown to the satisfaction of the State Board
of Education that all such tuition fees have been paid or that such
tuition pupil will no longer be allowed to attend school until the
required tuition fee has been paid.
E. Any parent, guardian, person or institution having care and
custody of a child who pays ad valorem tax on real property in any
other school district other than that in which that person resides
may, with the approval of the receiving board, enroll the child in
any school district in which ad valorem tax is paid and receive a
credit on the nonresident tuition fee equal to the amount of the ad
valorem tax paid for school district purposes in the school district
in which the child is enrolled. Provided, the credit shall not
exceed the total amount required for the tuition payment.
Added by Laws 1971, c. 281, § 1-114, eff. July 2, 1971. Amended by
Laws 1972, c. 93, § 1; Laws 1974, c. 21, § 1; Laws 1979, c. 114, § 1;
Laws 1979, c. 204, § 1, eff. July 1, 1979; Laws 1989, c. 335, § 6,
eff. July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 15, emerg. eff.
April 25, 1990; Laws 1990, c. 263, § 61, operative July 1, 1990; Laws
1992, c. 262, § 4, emerg. eff. May 22, 1992; Laws 1993, c. 333, § 1,
eff. July 1, 1993; Laws 1994, c. 220, § 1, eff. July 1, 1994; Laws
1998, c. 204, § 1, eff. July 1, 1998; Laws 2016, c. 4, § 1, eff. Nov.
1, 2016.
§70-1-114.1. Foreign exchange students - Guidelines for acceptance.
Unless otherwise prohibited by federal law, school districts may:
1. Only have to accept exchange students on J-1 visas, issued
pursuant to paragraph (a) (15) (J) of Section 1101 of Title 8 of the
United States Code, which hold the sponsoring organization
responsible;
2. Not have to accept exchange students on M-1 visas, issued
pursuant to paragraph (a) (15) (M) of Section 1101 of Title 8 of the
United States Code, which are for vocational or nonacademic students
or F-1 visas, issued pursuant to paragraph (a) (15) (F) of Section
1101 of Title 8 of the United States Code, which hold the school
responsible;
*+,-11'121#+,, .;$
3. Use the governing regulations set by the United States
Information Agency (USIA) for Exchange Visitor Programs as guidelines
and standards for local schools;
4. Have the right to accept or reject any exchange student or
sponsoring organization not adhering to the USIA regulations; and
5. Have the right to reject any exchange student if the student,
legal custodian, or legal guardian is not a resident of the district.
Added by Laws 1994, c. 212, § 1, eff. July 1, 1994.
§70-1-114.2. Operation as grantee of a federal Head Start program -
Calculation of state aid.
Any school district is hereby authorized to operate as a grantee
of a federal Head Start program. For purposes of calculating state
aid a school district may not count any child enrolled in or teacher
employed by a Head Start program operated by the district for the
portion of the day federal Head Start funds or state funds
appropriated for Head Start programs are received.
Added by Laws 2002, c. 437, § 5, eff. July 1, 2002.
§70-1-115. Public school system – Administration.
The public school system in Oklahoma shall be administered by the
State Department of Education, State Superintendent of Public
Instruction, boards of education of school districts, and
superintendents of school districts.
Added by Laws 1971, c. 281, § 1-115, eff. July 2, 1971. Amended by
Laws 2011, c. 31, § 2.
§70-1-116. Positions in school system - Definitions.
As used in this title:
1. "Teacher" means any person who is employed to serve as
district superintendent, principal, supervisor, a counselor,
librarian, school nurse or classroom teacher or in any other
instructional, supervisory or administrative capacity. The person
shall not be deemed qualified unless the person holds a valid
certificate issued by and in accordance with the rules of the State
Board of Education or the rules of the State Board of Career and
Technology Education, to perform the particular services for which
the person is employed;
2. "Superintendent" or "superintendent of schools" means the
executive officer of the board of education and the administrative
head of the school system of a district maintaining an accredited
school, provided the person holds an administrator's certificate
recognized by the State Board of Education;
3. "Principal" means any person other than a district
superintendent of schools having supervisory or administrative
authority over any school or school building having two or more
teachers. A teaching principal shall be a principal who devotes at
*+,-11'121#+,, .;(
least one-half (1/2) the time school is in session to classroom
teaching. Teaching principals shall be required to hold
administrative certificates;
4. "Teachers" means, for purposes of complying with the State
Aid Law and other statutes, but not any other provision of law, which
apportion money on the basis of teaching units or the number of
teachers employed or qualified, all persons holding proper
certificates and connected in any capacity with the instruction of
pupils;
5. "Inductee" means any certified teacher who is employed in a
local school to serve as a classroom teacher under the guidance and
assistance of a mentor teacher or teachers;
6. "Student teacher" means any student who is enrolled in an
institution of higher learning approved by the State Board of
Education for teacher training and who is jointly assigned by the
institution of higher learning and a board of education of a school
district to perform practice teaching under the direction of a
regularly employed and certified teacher. A student teacher, while
serving an internship under the supervision of a certified teacher,
shall be accorded the same protection of the laws as that accorded
the certified teacher;
7. "School nurse" means a person employed full time by a board
of education who is a registered nurse licensed by the Oklahoma State
Board of Nurse Registration and Nursing Education and is certified
the same as a teacher by the State Board of Education. Provided,
that any person who is employed as a full-time school nurse in any
school district in Oklahoma who is not registered on the effective
date of this act may continue to serve in the same capacity; however,
such person shall, under rules adopted by the State Board of
Education, attend classes in nursing and prepare to become
registered.
A school nurse employed by a board of education shall be accorded
the same protection of laws and all other benefits accorded a
certified teacher; and
8. "Support employee" means an employee who provides those
services which are not performed by certified teachers, principals,
superintendents or administrators and which are necessary for the
efficient and satisfactory functioning of a school district.
Added by Laws 1971, c. 281, § 1-116, eff. July 2, 1971. Amended by
Laws 1973, c. 193, § 1, emerg. eff. May 17, 1973; Laws 1980, c. 284,
§ 15, emerg. eff. June 10, 1980; Laws 1989, 1st Ex. Sess., c. 2, §
58, emerg. eff. April 25, 1990; Laws 1993, c. 239, § 20, eff. July 1,
1993; Laws 1994, c. 345, § 1, eff. July 1, 1994; Laws 2014, c. 124, §
1, eff. July 1, 2014; Laws 2016, c. 360, § 1, eff. July 1, 2016; Laws
2017, c. 391, § 1, emerg. eff. June 8, 2017; Laws 2018, c. 165, § 1,
eff. Nov. 1, 2018; Laws 2019, c. 273, § 1, emerg. eff. May 2, 2019.
*+,-11'121#+,, .;
§70-1-116.1. Teaching principal - Amount of time in classroom.
A teaching principal, as defined in Section 1-116 of Title 70 of
the Oklahoma Statutes, shall be permitted to devote less than one-
half (1/2) the time school is in session to classroom teaching only
when it has been determined by the State Board of Education that such
action is necessary for the satisfactory completion of the school
year. The State Board of Education shall adopt the necessary
criteria to provide for such contingency.
Added by Laws 1982, c. 342, § 8, emerg. eff. June 2, 1982.
§70-1-116.2. Application of medicine or sunscreen to students -
Vaccinations.
A. A school nurse, or in the absence of such nurse, an
administrator or designated school employees, pursuant to the written
authorization of the parent or guardian of the student, may:
1. Administer a nonprescription medicine;
2. Assist a student in applying sunscreen, a compound topically
applied to prevent a sunburn; and
3. Administer a filled prescription medicine as that term is
defined by Section 353.1 of Title 59 of the Oklahoma Statutes
pursuant to the directions for the administration of the medicine
listed on the label or as otherwise authorized by a licensed
physician.
B. In addition to the persons authorized to administer
nonprescription medicine and filled prescription medicine pursuant to
the provisions of subsection A of this section, a nurse employed by a
county health department and subject to an agreement made between the
county health department and the school district for medical
services, may administer nonprescription medicine and filled
prescription medicine pursuant to the provisions of this section.
C. Each school in which any medicine is administered pursuant to
the provisions of subsection A of this section shall keep a record of
the name of the student to whom the medicine was administered, the
date the medicine was administered, the name of the person who
administered the medicine and the type or name of the medicine which
was administered.
D. Medicine to be administered by the county or school nurse,
administrator or the designated persons and which is stored at the
school shall be properly stored and not readily accessible to persons
other than the persons who will administer the medication.
E. 1. A public school shall permit a student to possess and
self-apply sunscreen that is regulated by the Food and Drug
Administration without the written authorization of a parent, legal
guardian or physician.
2. As used in this subsection, "sunscreen" means a compound
topically applied to prevent sunburn.
*+,-11'121#+,, .;)
F. The school shall keep on file the written authorization of
the parent or guardian of the student to administer medicine to the
student or to apply sunscreen on the student.
G. As provided in the Parents' Bill of Rights, a student shall
not be vaccinated at school or on school grounds or receive a vaccine
as part of the mobile vaccination effort without prior written
authorization, including the signature of the parent or legal
guardian of the student for the vaccine or group of vaccines to be
administered during a single visit.
H. A school nurse, county nurse, administrator or the designated
school employees shall not be liable to the student or a parent or
guardian of the student for civil damages for any personal injuries
to the student which result from acts or omissions of the school or
county nurse, administrator or designated school employees in
administering any medicine pursuant to the provisions of this
section. This immunity shall not apply to acts or omissions
constituting gross, willful or wanton negligence.
Added by Laws 1984, c. 192, 5, emerg. eff. May 14, 1984. Amended by
Laws 2018, c. 192, § 1, eff. July 1, 2018; Laws 2019, c. 474, § 1,
eff. Nov. 1, 2019.
§70-1-116.3. Self-administration of inhaled asthma or anaphylaxis
medication – School board epinephrine injector policy.
A. Notwithstanding the provisions of Section 1-116.2 of this
title, the board of education of each school district shall adopt a
policy on or before September 1, 2008, that permits the self-
administration of inhaled asthma medication by a student for
treatment of asthma, the self-administration of anaphylaxis
medication by a student for treatment of anaphylaxis and the self-
administration of replacement pancreatic enzymes by a student for
treatment of cystic fibrosis. The policy shall require:
1. The parent or guardian of the student to authorize in writing
the student's self-administration of medication;
2. The parent or guardian of the student to provide to the
school a written statement from the physician treating the student
that the student has asthma, anaphylaxis or cystic fibrosis and is
capable of, and has been instructed in the proper method of, self-
administration of medication;
3. The parent or guardian of the student to provide to the
school an emergency supply of the student's medication to be
administered pursuant to the provisions of Section 1-116.2 of this
title;
4. The school district to inform the parent or guardian of the
student, in writing, that the school district and its employees and
agents shall incur no liability as a result of any injury arising
from the self-administration of medication by the student; and
*+,-11'121#+,, .;!
5. The parent or guardian of the student to sign a statement
acknowledging that the school district shall incur no liability as a
result of any injury arising from the self-administration of
medication by the student.
B. The school board of each school district that elects to stock
Epinephrine injectors or inhalers shall amend the policy identified
in subsection A of this section.
1. The amended policy for Epinephrine injectors shall require:
a. the school district to inform the parent or guardian of
each student, in writing, that a school nurse or school
employee trained by a health care professional or
trained in correlation with the State Department of
Health's Diabetes Management Annual School Training
Program may administer, with parent or guardian
permission but without a health care provider order, an
Epinephrine injection to a student whom the school
nurse or trained school employee in good faith believes
is having an anaphylactic reaction,
b. a waiver of liability executed by a parent or guardian
be on file with the school district prior to the
administration of an Epinephrine injection pursuant to
paragraph 1 of this subsection, and
c. the school district to designate the employee
responsible for obtaining the Epinephrine injectors at
each school site.
2. The amended policy for inhalers shall require:
a. the school district to inform the parent or guardian of
each student, in writing, that a school nurse or school
employee trained by a health care professional may
administer an inhaler to a student whom the school
nurse or trained school employee in good faith believes
is having respiratory distress,
b. the school district to designate the employee
responsible for obtaining the inhalers and spacers or
holding chambers at each school site, and
c. the school district to notify the parent or guardian of
a student after administration of an inhaler.
C. The school district and its employees and agents shall incur
no liability as a result of any injury arising pursuant to the
discharge or nondischarge of the powers provided for pursuant to
subparagraph a of paragraphs 1 and 2 of subsection B of this section.
D. A licensed physician who has prescriptive authority may write
a prescription for Epinephrine injectors and inhalers and spacers or
holding chambers to the school district in the name of the district
as a body corporate specified in Section 5-105 of this title which
shall be maintained at each school site. Such physician shall incur
no liability as a result of any injury arising from the use of the
*+,-11'121#+,, .;
Epinephrine injectors or the inhalers and spacers or holding
chambers.
E. The school district may maintain at each school a minimum of
two Epinephrine injectors and two inhalers with spacers or holding
chambers in a secure location. Provided, however, that nothing in
this section shall be construed as creating or imposing a duty on a
school district to maintain Epinephrine injectors or inhalers with
spacers or holding chambers at a school site or sites.
F. In the event a student is believed to be having an
anaphylactic reaction or respiratory distress, a school employee
shall contact 911 as soon as possible.
G. The State Board of Education, in consultation with the State
Board of Health, shall develop model policies which school districts
may use in compliance with this section.
H. The State Board of Education, in consultation with the State
Board of Health, shall promulgate rules to implement this section.
I. As used in this section:
1. "Medication" means a metered dose inhaler or a dry powder
inhaler to alleviate asthmatic symptoms, prescribed by a physician
and having an individual label, an anaphylaxis medication used to
treat anaphylaxis including but not limited to Epinephrine injectors
prescribed by a physician and having an individual label, or
replacement pancreatic enzymes prescribed by a physician and having
an individual label; and
2. "Self-administration" means a student's use of medication
pursuant to prescription or written direction from a physician.
3. "Respiratory distress" means the perceived or actual presence
of coughing, wheezing or shortness of breath; and
4. "Inhaler" means a device that delivers a bronchodilator to
alleviate symptoms of respiratory distress that is manufactured in
the form of a metered-dose inhaler or dry-powder inhaler and that may
include a spacer or holding chamber that attaches to the inhaler to
improve the delivery of the bronchodilator.
J. The permission for self-administration of asthma, anaphylaxis
or replacement pancreatic enzyme medication is effective for the
school year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of this
section.
K. A student who is permitted to self-administer asthma,
anaphylaxis or replacement pancreatic enzyme medication pursuant to
this section shall be permitted to possess and use a prescribed
inhaler, anaphylaxis medication including but not limited to an
Epinephrine injector, or replacement pancreatic enzyme medication at
all times.
Added by Laws 2003, c. 143, § 1, emerg. eff. April 28, 2003. Amended
by Laws 2008, c. 271, § 1, emerg. eff. May 27, 2008; Laws 2013, c.
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397, § 1, eff. Nov. 1, 2013; Laws 2019, c. 125, § 1, eff. July 1,
2019; Laws 2019, c. 276, § 1, eff. July 1, 2019.
§70-1-117. General fund - Capital and noncapital expenditures.
A. The general fund of any school district is hereby defined as
a current expense fund and shall consist of all revenue or monies
that can legally be expended within a certain specified fiscal year,
but shall not be considered as including any money derived from a
special building fund levy made in accordance with the provisions of
Section 10 of Article X of the Oklahoma Constitution, nor shall it
include any monies derived from the sale of bonds issued under the
provisions of Section 26 of Article X of the Oklahoma Constitution.
All monies derived from the proceeds of the school levies made
pursuant to the provisions of Section 9 of Article X of the Oklahoma
Constitution shall be placed in the general fund provided by this
section. Expenditures from the general fund shall be noncapital in
nature. All monies derived from state-dedicated revenue, state-
appropriated revenue unless otherwise provided for by law, and county
sources shall be placed in the general fund provided for by this
section. Except as provided for in subsections K and L of this
section, a district shall not be authorized to make capital
expenditures as defined by this section from the general fund.
B. For purposes of this section, state-dedicated revenue shall
be any registration or license fees, taxes, or penalties collected at
the state level and distributed to common school districts. County
sources shall be all funds collected by the county and distributed to
common school districts but shall not include any funds derived from
the building fund levy made in accordance with the provisions of
Section 10 of Article X of the Oklahoma Constitution or funds derived
from the sinking fund levy made in accordance with the provisions of
Section 26 of Article X of the Oklahoma Constitution.
C. For the purposes of this section, a capital expenditure shall
be an expenditure which results in the acquisition of fixed assets or
additions to fixed assets. Capital expenditures shall include, but
shall not be limited to, purchases of land or existing buildings,
purchases of real property, improvements of grounds and sites for
construction purposes, all expenditures for construction of buildings
unless authorized by the State Board of Education or the State Board
of Career and Technology Education upon application to the
appropriate state board pursuant to subsection F of this section,
additions to buildings, remodeling of buildings if such remodeling
involves changes to roof structures or load-bearing walls,
professional services, salaries and expenses of architects and
engineers hired or assigned to capital projects except for such
services, salaries and expenses as are applicable in preparation for
a bond issue, expenditures for the initial installation and extension
of service systems and built-in heat or air equipment to existing
*+,-11'121#+,, .;
buildings, expenditures for the replacement of a building which has
been destroyed, installments and lease payments on property,
including interest, that have a terminal date and result in the
acquisition of property, and expenditures for preliminary studies
made prior to the time that authority to proceed with a construction
project is given if authority is received within the same fiscal year
that the expenditure was made.
D. Noncapital expenditures shall include, but shall not be
limited to expenditures for maintenance, repair and replacement of
property and equipment, initial or additional purchases of furniture
and equipment, direct expenses for maintenance of plant, including
grounds, salaries for maintenance of plant, including salaries for
the upkeep of grounds, and repair and replacement of building
structures which do not add to existing facilities and which do not
involve changes in roof structures or load-bearing walls and which
are not classified as a capital expenditure by this section.
E. The State Board of Education shall adopt and amend
regulations regarding the classification, definition and financial
administration of funds, accounts and expenditures in accordance with
the requirements of this section.
F. A school district shall be authorized to make capital
expenditures from the general fund to defray the cost of rebuilding a
school building only if a school building or facility has been
destroyed by a fire or natural disaster, such as flood, tornado or
other act of God, or by an act of a public enemy of the United States
or this state and monies received by the district through insurance
coverage, federal reimbursement, contributions and allocation from
the State Board of Education from the State Public Common School
Building Equalization Fund are insufficient to rebuild the facility.
Capital expenditures from the general fund pursuant to this
subsection shall be limited to an amount necessary to defray the cost
of rebuilding the facility which exceeds monies received by the
school district through insurance, federal reimbursement,
contributions and state allocations.
G. Schools which receive gifts or donations or state-
appropriated monies for the purpose of capital expenditures or
projects shall place such monies in the building fund, as provided by
Section 1-118 of this title, and not in the general fund. School
districts which receive gifts, grants, or donations of monies for
noncapital expenditures may place the monies in the general fund, and
such monies shall not be required to be used during the year in which
the money was received but may accumulate from year to year and shall
not be considered a part of the general fund collections when
calculating the general fund carryover as provided for in subsection
G of Section 18-200.1 of this title.
H. School districts which receive monies from rental, sale, or
lease of buildings, impact aid monies, or grants, gifts or donations
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for capital purposes, whether from state, federal, or other sources,
may place such monies in the building fund authorized by Section 1-
118 of this title or the general fund authorized by this section.
I. Any construction of a building included as a capital
expenditure from the general fund of a school district which is
authorized and has had a contractual agreement concerning such
construction executed prior to July 1, 1991, may be proceeded with
and completed as authorized prior to July 1, 1991, as a capital
expenditure from such general fund.
J. School districts receiving revenues authorized by Section 9B
of Article X of the Oklahoma Constitution shall be authorized to make
capital expenditures from the general revenue fund no greater than
the amount levied by the incentive millage.
K. Upon the approval of the State Board of Education, a school
district shall be authorized to make capital expenditures as defined
in this section from its general fund if:
1. A bond issue has been rejected at an election by the school
district electors voting on that question within the current school
year, as certified by the secretary of the county election board; or
2. The school district has voted indebtedness at any time within
the preceding three (3) school years through the issuance of bonds or
through approval by voters of issuance of new bonds for more than
eighty-five percent (85%) of the maximum allowable pursuant to the
provisions of Section 26 of Article X of the Oklahoma Constitution as
shown on the school district budget filed with the State Board of
Equalization for the current school year and certifications by the
Attorney General prior to April 1 of the current school year. The
State Board of Education shall establish the rules to administer the
provisions of this subsection which shall include, but not be limited
to, specification of a maximum amount of general fund monies to be
used for capital expenditures, the purposes for which such funds may
be expended and the period of time in which such funds shall be
encumbered.
L. Other provisions of this section notwithstanding, a school
district shall be authorized to make capital expenditures from the
general fund if the total assessed property valuation per average
daily attendance is less than sixty percent (60%) of the state
average total assessed property valuation per average daily
attendance and if, for each year in which general fund revenue is
used for capital expenditures, the district has voted the five-mill
building fund levy authorized in Section 10 of Article X of the
Oklahoma Constitution and has voted indebtedness through the issuance
of new bonds for at least eighty-five percent (85%) within the last
three (3) years of the maximum allowable pursuant to the provisions
of Section 26 of Article X of the Oklahoma Constitution as shown on
the school district budget filed with the State Board of Equalization
for the current school year and certifications by the Attorney
*+,-11'121#+,, .;
General prior to April 1 of the school year. Provided, the maximum
amount of general fund revenue used for capital expenditures pursuant
to this subsection shall not exceed five percent (5%) of the total
yearly revenue to the general fund. Said fund may not be used for
capital expenditures for more than five (5) consecutive years and may
only be utilized for remodeling or construction of classroom
facilities and such ancillary facilities to said classrooms as may be
necessary. Provided, further, the State Superintendent of Public
Instruction shall certify in writing, prior to the expenditure of the
funds for which provision is made in this subsection, that such
expenditures are in compliance with the provisions of this
subsection.
Added by Laws 1971, c. 281, § 1-117, eff. July 2, 1971. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 114, emerg. eff. April 25, 1990;
Laws 1991, c. 209, § 2, eff. July 1, 1991; Laws 1992, c. 324, § 6,
eff. July 1, 1992; Laws 1995, c. 153, § 2, emerg. eff. May 2, 1995;
Laws 2001, c. 33, § 65, eff. July 1, 2001; Laws 2002, c. 89, § 1,
eff. July 1, 2002; Laws 2003, c. 173, § 1, eff. July 1, 2003; Laws
2009, c. 250, § 1, eff. July 1, 2009.
§70-1-118. Building and operations fund - Definition.
The building and operations fund of any school district shall
consist of all monies derived from the proceeds of a building and
operations fund levy of not to exceed five (5) mills in any year,
voted by the people of a school district pursuant to the provisions
of Article X, Section 10, of the Oklahoma Constitution, monies
appropriated by the state for the purpose of capital expenditures or
projects, monies allocated to a school district by the State Board of
Education from the State Public School Building Equalization Fund,
and monies donated to a school district for the purpose of capital
projects or improvements and may be used for purposes including, but
not limited to, erecting, remodeling, repairing, or maintaining
school buildings, for purchasing furniture, equipment and computer
software to be used on or for school district property, for repairing
and maintaining computer systems and equipment, for paying energy and
utility costs, for purchasing telecommunications utilities and
services, for paying fire and casualty insurance premiums for school
facilities, for purchasing security systems, for paying salaries of
security personnel, or for one or more, or all, of such purposes.
Proceeds of such levies shall not be required to be used during the
year for which a levy is made but may accumulate from year to year
until adequate for the purposes intended. The building and
operations fund hereinabove defined is hereby declared to be a
current expense fund.
Added by Laws 1971, c. 281, § 1-118, eff. July 2, 1971. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 115, emerg. eff. April 25, 1990;
Laws 1991, c. 209, § 3, eff. July 1, 1991; Laws 1994, c. 319, § 1,
*+,-11'121#+,, .;$
eff. Sept. 1, 1994; Laws 2010, c. 297, § 1, emerg. eff. June 6, 2010;
Laws 2018, c. 161, § 1.
NOTE: This section became effective upon passage of Senate Joint
Resolution No. 70, State Question No. 801, Legislative Referendum No.
374, at election held on Nov. 6, 2018.
§70-1-118.1. Building fund – Technology center school districts.
The building fund of any technology center school district shall
consist of all monies derived from the proceeds of a building fund
levy not to exceed five (5) mills in any year, voted by the people of
a school district pursuant to the provisions of Section 10 of Article
X of the Oklahoma Constitution, monies appropriated by the state for
the purpose of capital expenditures or projects, and monies donated
to a school district for the purpose of capital projects or
improvements and may be used for purchasing, providing, erecting,
remodeling, repairing or maintaining any of the following: school
buildings, furniture, computer systems and equipment, software for
instructional and noninstructional purposes, energy and utility
costs, telecommunications utilities and services, fire and casualty
insurance premiums for school facilities, security, student
transportation, grounds maintenance including parking lots and
sidewalks, instructional and maintenance equipment, or for one or
more, or all, of these purposes. Proceeds of the levies shall not be
required to be used during the year for which a levy is made but may
accumulate from year to year until adequate for the purposes
intended. The building fund defined in this section is hereby
declared to be a current expense fund, but shall not be considered a
part of the general operating fund. No monies derived from the
proceeds of the school levies made pursuant to the provisions of
Section 9B of Article X of the Oklahoma Constitution may be placed in
the building fund provided by this section.
Added by Laws 1994, c. 167, § 1, eff. July 1, 1994. Amended by Laws
1995, c. 257, § 1, emerg. eff. May 25, 1995; Laws 2001, c. 33, § 66,
eff. July 1, 2001; Laws 2010, c. 297, § 2, emerg. eff. June 6, 2010;
Laws 2012, c. 234, § 1, eff. July 1, 2012.
§70-1-119. Sinking fund - Definition.
The sinking fund of any district shall consist of all money
derived from ad valorem taxes or otherwise as provided by law for the
payment of bonds and judgments and interest thereon.
Added by Laws 1971, c. 281, § 1-119, eff. July 2, 1971.
§70-1-120. Repealed by Laws 1981, c. 347, § 50, emerg. eff. July 1,
1981.
§70-1-121. Conflicting provisions.
*+,-11'121#+,, .;(
The provisions of this act shall control over any conflicting
provisions in the laws of this state.
Laws 1976, Chapter 1, Section 2.
Laws 1976, c. 1, § 2.
§70-1-122. Contributions to Public School Classroom Support
Revolving Fund – Tax forms.
A. Each individual taxpayer required to file a state income tax
return and each corporation required to file a corporate tax return
who desires to contribute to the Public School Classroom Support
Revolving Fund created in Section 1-123 of this title may designate
the contribution on the appropriate income or corporate tax form.
The contribution may not increase or decrease the income or liability
of the taxpayer and may be made by reducing the tax refund of a
taxpayer by the amount designated or by accepting additional payment
from the taxpayer by the amount designated, whichever is appropriate.
B. 1. The Oklahoma Tax Commission shall include on each state
individual income or corporate tax return form for tax years
beginning after December 31, 2011, an opportunity for the taxpayer to
donate for the benefit of the Public School Classroom Support
Revolving Fund. The instructions accompanying the tax form shall be
provided to the Oklahoma Tax Commission by the State Superintendent
of Public Instruction and shall contain a description of the purpose
for which the Public School Classroom Support Revolving Fund was
established and information on the use of monies from the tax
contribution.
2. Taxpayers who are entitled to refunds shall have the refunds
reduced by the amount designated by the taxpayer. The Oklahoma Tax
Commission shall annually determine the total amount designated plus
the amount received in excess payments and shall report the total
amount to the Office of the State Treasurer. The State Treasurer
shall credit the total amount to the Public School Classroom Support
Revolving Fund created in Section 1-123 of this title at the earliest
possible time.
C. The incremental cost of administration of contributions shall
be paid out of the fund to the Oklahoma Tax Commission from amounts
received pursuant to this section before funds are expended for the
purposes of the fund.
D. Pursuant to Section 2368.18 of Title 68 of the Oklahoma
Statutes, the income tax checkoff contained in this section is hereby
reauthorized effective January 1, 2019.
Added by Laws 2011, c. 336, § 1, eff. July 1, 2011. Amended by Laws
2018, c. 93, § 1, eff. July 1, 2018.
§70-1-123. Public School Classroom Support Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Board of Education to be designated the "Public
*+,-11'121#+,, .;
School Classroom Support Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the State Board of Education from
the state income tax checkoff as provided for in Section 1-122 of
this title, any state-appropriated funds, federal funds, donations,
grants, contributions, and gifts from any public or private source.
All monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Board of Education for
the purposes of providing grants to public school classroom teachers
as provided for in subsection B of this section. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
B. Contingent upon the amount of funds available in the Public
School Classroom Support Revolving Fund, the State Board of Education
shall award one or more grants annually to classroom teachers. The
grants shall be used by the classroom teacher for supplies,
materials, or equipment for the class or classes taught by the
teacher. The Board shall determine the criteria for and establish a
process for the submission of grants applications. The applications
shall be considered on a statewide competitive basis. The Board
shall promulgate rules for the implementation of the grants issued
pursuant to this section.
Added by Laws 2011, c. 336, § 2, eff. July 1, 2011. Amended by Laws
2012, c. 304, § 587.
§70-1-124. Per-pupil expenditure defined - Expenditure categories.
A. Unless otherwise specifically defined, "per-pupil
expenditure" shall mean the aggregate current expenditures of school
districts, from all funding sources including federal funds, state
funds and local funds, plus the direct support aggregate current
expenditures of the state for the day-to-day operations of schools
and school districts from all funding sources including federal
funds, divided by the aggregate student membership number for the
same fiscal year for which the expenditures are determined. The
aggregate student membership number shall be the count of students
enrolled on October 1 or the school day closest to October 1 to whom
school districts in the state provide a public education. The
aggregate current expenditures shall include without limitation the
following categories of expenditures:
1. Instruction;
2. Support services for students;
3. Support services for instructional staff;
4. Support services for general administration;
5. Support services for school administration;
6. Support services for business;
*+,-11'121#+,, .;)
7. Operation and maintenance of plant services;
8. Student transportation services;
9. Child nutrition services; and
10. Enterprise services.
B. Aggregate current expenditures shall not include expenditures
for adult and community education, facilities acquisition and
construction services, debt services, property and other expenditures
not related to the day-to-day operations.
C. The provisions of subsection A of this section shall apply
when related to the expenditure of public funds by educational and
governmental entities. When reporting or publishing the per-pupil
expenditure for any purpose, the State Department of Education shall
also report or publish each category of expenditure as listed in
subsection A of this section as well as the aggregate expenditure.
Added by Laws 2017, c. 191, § 1, eff. Nov. 1, 2017.
§70-2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-2-101. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-102. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-103. Repealed by Laws 1980, c. 74, § 4, eff. Jan 1, 1981.
§70-2-104. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-105. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-106. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-107. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-108. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-109. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-2-110. Short title - Technology Center District and Independent
School District Campaign Finance and Financial Disclosure Act.
Sections 21 through 30 of this act shall be the provisions of the
Local Government Campaign Finance and Financial Disclosure Act
applicable to technology center districts and independent school
districts and shall be known as the "Technology Center District and
Independent School District Campaign Finance and Financial Disclosure
Act".
Added by Laws 2014, c. 313, § 21, eff. Jan. 1, 2015.
§70-2-111. Definitions.
*+,-11'121#+,, .;!
A. Definitions of terms used in the Technology Center District
and Independent School District Campaign Finance and Financial
Disclosure Act shall be the same as those terms are defined in Rules
of the Ethics Commission promulgated pursuant to Section 3 of Article
XXIX of the Oklahoma Constitution, unless otherwise provided herein.
B. As used in the Technology Center District and Independent
School District Campaign Finance and Disclosure Act:
1. "Campaign committee" means a committee which may be composed
of one or more persons the purpose of which is to support the
election of a specific candidate to school district office, whose
name as it will appear on the ballot shall appear in the name of the
committee;
2. "School district" means a technology center district or an
independent school district;
3. "School district office" means any elective school district
office for which Declarations of Candidacy are filed with the
secretary of the county election board as required by Section 13A-105
of Title 26 of the Oklahoma Statutes; and
4. "School district political committee" means any committee
composed of one or more persons whose purpose includes the election
or defeat of one or more candidates for school district office but
which is not required to register with the Ethics Commission or the
Federal Election Commission.
Added by Laws 2014, c. 313, § 22, eff. Jan. 1, 2015.
§70-2-112. Applicability.
The Technology Center District and Independent School District
Campaign Finance and Financial Disclosure Act shall apply to all
technology center districts and shall apply to all independent school
districts.
Added by Laws 2014, c. 313, § 23, eff. Jan. 1, 2015.
§70-2-113. Campaign committee organization statements.
Each campaign committee shall file a statement of organization
with the school district clerk subject to the same requirements as
set forth for candidate committees for state office required to file
statements of organization with the Ethics Commission under Rules of
the Ethics Commission promulgated pursuant to Section 3 of Article
XXIX of the Oklahoma Constitution, including but not limited to time
for filing and contents.
Added by Laws 2014, c. 313, § 24, eff. Jan. 1, 2015.
§70-2-114. School district political committee organization
statements.
Every school district political committee shall file a statement
of organization with the school district clerk subject to the same
requirements as set forth for political committees required to file
*+,-11'121#+,, .;
statements of organization with the Ethics Commission under Rules of
the Ethics Commission promulgated pursuant to Section 3 of Article
XXIX of the Oklahoma Constitution, including but not limited to time
for filing and contents.
Added by Laws 2014, c. 313, § 25, eff. Jan. 1, 2015.
§70-2-115. Contributions and expenditures reports.
Every campaign committee and every school district political
committee shall file a report of contributions and expenditures with
the school district clerk subject to the same requirements as set
forth for candidate committees and political action committees,
respectively, required to file reports of contributions and
expenditures with the Ethics Commission under Rules of the Ethics
Commission promulgated pursuant to Section 3 of Article XXIX of the
Oklahoma Constitution, including but not limited to time for filing
and contents.
Added by Laws 2014, c. 313, § 26, eff. Jan. 1, 2015.
§70-2-116. Organization statements and contribution and expenditure
reports - Public records.
Statements of organization and reports of contributions and
expenditures required to be filed with the school district clerk
under the Technology Center District and Independent School District
Campaign Finance and Financial Disclosure Act shall be public
records. The school district clerk shall maintain statements of
organization and reports of contributions and expenditures for four
(4) years after the date on which they are filed, if not posted on
the school district's website as provided herein, at which time the
documents may be destroyed or retained subject to the discretion of
the school district clerk. If the school district in which the
statements of organization and reports of contributions and
expenditures are filed maintains an Internet website, the school
district clerk may post on the website copies of statements of
organization and reports of contributions and expenditures.
Added by Laws 2014, c. 313, § 27, eff. Jan. 1, 2015.
§70-2-117. Financial interest statements.
All candidates for school district office and all elected school
district officers shall be required to file a statement of financial
interests with the school district clerk subject to the same
requirements as set forth for candidates for state office required to
file statements of financial interests with the Ethics Commission
under Rules of the Ethics Commission promulgated pursuant to Section
3 of Article XXIX of the Oklahoma Constitution, including but not
limited to time for filing and contents.
Added by Laws 2014, c. 313, § 28, eff. Jan. 1, 2015.
*+,-11'121#+,, .;"
§70-2-118. Financial interest statements - Public records.
Statements of financial interests required to be filed with the
school district clerk under the Technology Center District and
Independent School District Campaign Finance and Financial Disclosure
Act shall be public records. The school district clerk shall
maintain statements of financial interests for four (4) years after
the date on which they are filed, if not posted on the school
district's website as provided herein, at which time the documents
may be destroyed or retained subject to the discretion of the school
district clerk. If the school district in which the statements of
financial interests are filed maintains an Internet website, the
school district clerk may post on the website copies of statements of
financial interests.
Added by Laws 2014, c. 313, § 29, eff. Jan. 1, 2015.
§70-2-119. Enforcement.
The Technology Center District and Independent School District
Campaign Finance and Financial Disclosure Act shall be enforced by
the Ethics Commission in the same manner as Rules of the Ethics
Commission promulgated pursuant to Section 3 of Article XXIX of the
Oklahoma Constitution are enforced, including but not limited to
acceptance of complaints, civil prosecutions, settlement agreements
and any other compliance practices or requirements. Complaints may
be received by the Ethics Commission alleging filing of statements or
reports required to be filed under the Technology Center District and
Independent School District Campaign Finance and Disclosure Act later
than the prescribed time for filing. Such complaints shall be in the
same form as other complaints. Upon receipt of such complaints of
late filing, the Ethics Commission shall investigate whether the
allegation or allegations are true and, if so, shall assess a late
filing penalty of One Hundred Dollars ($100.00) per day, not to
exceed a maximum of One Thousand Dollars ($1,000.00) for the filing
of any statement or report. If the Ethics Commission determines the
allegation or allegations are not true, it shall take no further
action. Persons assessed a late filing fee may protest the
assessment subject to provisions of the Administrative Procedures
Act.
Added by Laws 2014, c. 313, § 30, eff. Jan. 1, 2015.
§70-2A-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2A-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2A-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;
§70-2A-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2B-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2B-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2B-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2B-4. Repealed by Laws 1968, c. 60, § 2.
§70-3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-3-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-4.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-3-4.2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-3-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-3-101. State Board of Education - Members - Travel expenses.
A. The State Board of Education shall consist of seven (7)
members. The State Superintendent of Public Instruction shall be a
member and the chairperson of the Board. The remaining six members
shall be appointed by the Governor by and with the advice and consent
of the Senate. Except as otherwise provided for in subsection B of
this section, upon assuming office each Governor shall appoint one
member from each congressional district and one member from the state
*+,-11'121#+,, .;$
at large. Each appointment shall be made to take effect on April 2.
The term of each appointed member shall be four (4) years. Appointed
members shall serve until a successor is appointed. Appointed
members shall serve at the pleasure of the Governor. Upon the
occurrence of a vacancy the same shall be filled by the Governor,
subject to confirmation by the Senate at the next session of the
Legislature. The appointment to fill a vacancy shall be made for the
unexpired term.
B. On the effective date of this act, all appointed positions of
the current State Board of Education shall be deemed vacant and the
terms of persons serving on the Board shall be deemed terminated.
The Governor shall make initial appointments pursuant to the
provisions of this subsection within thirty (30) days of the
effective date of this act, with one member appointed from each
congressional district and one member appointed from the state at
large. The appointments shall be subject to confirmation by the
Senate at the next session of the Legislature. The terms for members
appointed pursuant to this subsection shall terminate on April 2,
2015. Thereafter, members shall be appointed as provided for in
subsection A of this section.
C. No person shall be eligible to be appointed to serve on the
State Board unless the person has been awarded a high school diploma
or certificate of high school equivalency. Any member appointed to
the State Board shall complete the workshop requirements of a new
school board member pursuant to Section 5-110 of this title within
thirteen (13) months following or preceding the appointment of the
member. Notwithstanding any provision of law to the contrary, the
State Department of Education shall not charge any member of the
State Board of Education a fee for any workshop provided by the
Department for board members pursuant to Section 5-110 of this title
and shall not pay a fee to any organization or institution of higher
education on behalf of a member of the State Board of Education, or
reimburse any member of the Board for a fee paid to any organization
or institution of higher education, for attendance at a workshop or
courses to satisfy the requirements of Section 5-110 of this title.
D. Members of the Board shall receive necessary traveling
expenses while in the performance of their duties in accordance with
the State Travel Reimbursement Act.
Added by Laws 1971, c. 281, § 3-101, eff. July 2, 1971. Amended by
Laws 1985, c. 178, § 52, operative July 1, 1985; Laws 1989, 1st
Ex.Sess., c. 2, § 40, emerg. eff. April 25, 1990; Laws 1992, c. 364,
§ 8, emerg. eff. June 4, 1992; Laws 1994, c. 210, § 1, emerg. eff.
May 20, 1994; Laws 2002, c. 375, § 15, eff. Nov. 5, 2002; Laws 2011,
c. 31, § 3; Laws 2011, c. 316, § 1.
§70-3-102. Meetings.
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The State Board of Education shall meet in regular session once
each month. Special meetings may be called by the president or by a
majority of the members of the Board.
Laws 1971, c. 281, § 3-102, eff. July 2, 1971.
§70-3-103. Quorum.
A quorum of the State Board of Education shall consist of four
members. No business may be transacted at any meeting unless a
quorum is present and every act of said Board shall be approved by a
majority of the membership of said Board.
Laws 1971, c. 281, § 3-103, eff. July 2, 1971.
§70-3-104. State Board of Education - Powers and duties.
The supervision of the public school system of Oklahoma shall be
vested in the State Board of Education and, subject to limitations
otherwise provided by law, the State Board of Education shall:
1. Adopt policies and make rules for the operation of the public
school system of the state;
2. Appoint, prescribe the duties and fix the compensation of a
secretary, an attorney and all other personnel necessary for the
proper performance of the functions of the State Board of Education.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental budget based upon major
functions of the Department as prepared by the State Superintendent
of Public Instruction and supported by detailed data on needs and
proposed operations as partially determined by the budgetary needs of
local school districts filed with the State Board of Education for
the ensuing fiscal year. Appropriations therefor shall be made in
lump-sum form for each major item in the budget as follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education and all other
functions of the Board and an amount sufficient to
adequately staff and administer these services, and
c. the Board shall determine the details by which the
budget and the appropriations are administered.
Annually, the Board shall make preparations to
consolidate all of the functions of the Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
for administration shall be designated as a part of the
total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
Legislature a report for the year ending June 30 immediately
*+,-11'121#+,, .;$$
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other information concerning
enrollment, attendance, expenditures including State
Aid, and other pertinent data for all public schools in
this state,
b. reports from each and every division within the State
Department of Education as submitted by the State
Superintendent of Public Instruction and any other
division, department, institution or other agency under
the supervision of the Board,
c. recommendations for the improvement of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education for the past year, and
e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational interests
of the state as may be deemed necessary and desirable;
5. Provide for the formulation and adoption of curricula,
courses of study and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matters pertaining to the licensure and
certification of persons for instructional, supervisory and
administrative positions and services in the public schools of the
state subject to the provisions of Section 6-184 of this title, and
shall formulate rules governing the issuance and revocation of
certificates for superintendents of schools, principals, supervisors,
librarians, clerical employees, school nurses, school bus drivers,
visiting teachers, classroom teachers and for other personnel
performing instructional, administrative and supervisory services,
but not including members of boards of education and other employees
who do not work directly with pupils, and may charge and collect
reasonable fees for the issuance of such certificates:
a. the State Department of Education shall not issue a
certificate to and shall revoke the certificate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upon a plea of nolo contendere, or
received a suspended sentence or any probationary term
for a crime or an attempt to commit a crime provided
for in Section 843.5 of Title 21 of the Oklahoma
Statutes if the offense involved sexual abuse or sexual
exploitation as those terms are defined in Section 1-1-
105 of Title 10A of the Oklahoma Statutes, Sections
741, 843.1, if the offense included sexual abuse or
sexual exploitation, 865 et seq., 885, 888, 891, 1021,
1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1114 or
*+,-11'121#+,, .;$(
1123 of Title 21 of the Oklahoma Statutes or who enters
this state and who has been convicted, received a
suspended sentence or received a deferred judgment for
a crime or attempted crime which, if committed or
attempted in this state, would be a crime or an attempt
to commit a crime provided for in any of said laws,
b. all funds collected by the State Department of
Education for the issuance of certificates to
instructional, supervisory and administrative personnel
in the public schools of the state shall be deposited
in the "Teachers' Certificate Fund" in the State
Treasury and may be expended by the State Board of
Education to finance the activities of the State
Department of Education necessary to administer the
program, for consultative services, publication costs,
actual and necessary travel expenses as provided in the
State Travel Reimbursement Act incurred by persons
performing research work, and other expenses found
necessary by the State Board of Education for the
improvement of the preparation and certification of
teachers in Oklahoma. Provided, any unobligated
balance in the Teachers' Certificate Fund in excess of
Ten Thousand Dollars ($10,000.00) on June 30 of any
fiscal year shall be transferred to the General Revenue
Fund of the State of Oklahoma. Until July 1, 1997, the
State Board of Education shall have authority for
approval of teacher education programs. The State
Board of Education shall also have authority for the
administration of teacher residency and professional
development, subject to the provisions of the Oklahoma
Teacher Preparation Act;
7. Promulgate rules governing the classification, inspection,
supervision and accrediting of all public nursery, kindergarten,
elementary and secondary schools and on-site educational services
provided by public school districts or state-accredited private
schools in partial hospitalization programs, day treatment programs,
and day hospital programs as defined in this act for persons between
the ages of three (3) and twenty-one (21) years of age in the state.
However, no school shall be denied accreditation solely on the basis
of average daily attendance.
Any school district which maintains an elementary school and
faces the necessity of relocating its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school facilities, shall be entitled to receive
probationary accreditation from the State Board of Education for a
period of five (5) years after the effective date of this act and any
school district, otherwise qualified, shall be entitled to receive
*+,-11'121#+,, .;$
probationary accreditation from the State Board of Education for a
period of two (2) consecutive years to attain the minimum average
daily attendance. The Head Start and public nurseries or
kindergartens operated from Community Action Program funds shall not
be subjected to the accrediting rules of the State Board of
Education. Neither will the State Board of Education make rules
affecting the operation of the public nurseries and kindergartens
operated from federal funds secured through Community Action Programs
even though they may be operating in the public schools of the state.
However, any of the Head Start or public nurseries or kindergartens
operated under federal regulations may make application for
accrediting from the State Board of Education but will be accredited
only if application for the approval of the programs is made. The
status of no school district shall be changed which will reduce it to
a lower classification until due notice has been given to the proper
authorities thereof and an opportunity given to correct the
conditions which otherwise would be the cause of such reduction.
Private and parochial schools may be accredited and classified in
like manner as public schools or, if an accrediting association is
approved by the State Board of Education, by procedures established
by the State Board of Education to accept accreditation by such
accrediting association, if application is made to the State Board of
Education for such accrediting;
8. Be the legal agent of the State of Oklahoma to accept, in its
discretion, the provisions of any Act of Congress appropriating or
apportioning funds which are now, or may hereafter be, provided for
use in connection with any phase of the system of public education in
Oklahoma. It shall prescribe such rules as it finds necessary to
provide for the proper distribution of such funds in accordance with
the state and federal laws;
9. Be and is specifically hereby designated as the agency of
this state to cooperate and deal with any officer, board or authority
of the United States Government under any law of the United States
which may require or recommend cooperation with any state board
having charge of the administration of public schools unless
otherwise provided by law;
10. Be and is hereby designated as the "State Educational
Agency" referred to in Public Law 396 of the 79th Congress of the
United States, which law states that said act may be cited as the
"National School Lunch Act", and said State Board of Education is
hereby authorized and directed to accept the terms and provisions of
said act and to enter into such agreements, not in conflict with the
Constitution of Oklahoma or the Constitution and Statutes of the
United States, as may be necessary or appropriate to secure for the
State of Oklahoma the benefits of the school lunch program
established and referred to in said act;
*+,-11'121#+,, .;$)
11. Have authority to secure and administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of the
United States, in the State of Oklahoma and is hereby authorized to
employ or appoint and fix the compensation of such additional
officers or employees and to incur such expenses as may be necessary
for the accomplishment of the above purpose, administer the
distribution of any state funds appropriated by the Legislature
required as federal matching to reimburse on children's meals;
12. Accept and provide for the administration of any land,
money, buildings, gifts, donation or other things of value which may
be offered or bequeathed to the schools under the supervision or
control of said Board;
13. Have authority to require persons having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activities of the schools in said
districts as the Board may deem needful for the proper exercise of
its duties and functions. Such authority shall include the right of
the State Board of Education to withhold all state funds under its
control, to withhold official recognition, including accrediting,
until such required reports have been filed and accepted in the
office of said Board and to revoke the certificates of persons
failing or refusing to make such reports;
14. Have general supervision of the school lunch program. The
State Board of Education may sponsor workshops for personnel and
participants in the school lunch program and may develop, print and
distribute free of charge or sell any materials, books and bulletins
to be used in such school lunch programs. There is hereby created in
the State Treasury a revolving fund for the Board, to be designated
the School Lunch Workshop Revolving Fund. The fund shall consist of
all fees derived from or on behalf of any participant in any such
workshop sponsored by the State Board of Education, or from the sale
of any materials, books and bulletins, and such funds shall be
disbursed for expenses of such workshops and for developing, printing
and distributing of such materials, books and bulletins relating to
the school lunch program. The fund shall be administered in
accordance with Section 155 of Title 62 of the Oklahoma Statutes;
15. Prescribe all forms for school district and county officers
to report to the State Board of Education where required. The State
Board of Education shall also prescribe a list of appropriation
accounts by which the funds of school districts shall be budgeted,
accounted for and expended; and it shall be the duty of the State
Auditor and Inspector in prescribing all budgeting, accounting and
reporting forms for school funds to conform to such lists;
16. Provide for the establishment of a uniform system of pupil
and personnel accounting, records and reports;
*+,-11'121#+,, .;$!
17. Have authority to provide for the health and safety of
school children and school personnel while under the jurisdiction of
school authorities;
18. Provide for the supervision of the transportation of pupils;
19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in the purchase of
transportation equipment;
20. Have authority and is hereby required to perform all duties
necessary to the administration of the public school system in
Oklahoma as specified in the Oklahoma School Code; and, in addition
thereto, those duties not specifically mentioned herein if not
delegated by law to any other agency or official;
21. Administer the State Public Common School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may be appropriated or
designated by the Legislature, other than ad valorem taxes, any other
funds identified by the State Department of Education, which may
include, but not be limited to, grants-in-aid from the federal
government for building purposes, the proceeds of all property that
shall fall to the state by escheat, penalties for unlawful holding of
real estate by corporations, and capital gains on assets of the
permanent school funds, shall be deposited in the State Public Common
School Building Equalization Fund. The fund shall be used to aid
school districts and charter schools in acquiring buildings, subject
to the limitations fixed by Section 32 of Article X of the Oklahoma
Constitution. It is hereby declared that the term "acquiring
buildings" as used in Section 32 of Article X of the Oklahoma
Constitution shall mean acquiring or improving school sites,
constructing, repairing, remodeling or equipping buildings, or
acquiring school furniture, fixtures, or equipment. For charter
schools, the fund shall only be used to acquire buildings in which
students enrolled in the charter school will be attending. It is
hereby declared that the term "school districts" as used in Section
32 of Article X of the Oklahoma Constitution shall mean school
districts and charter schools created pursuant to the provisions of
the Oklahoma Charter Schools Act. If sufficient monies are available
in the fund, the Board shall solicit proposals for grants from school
districts and charter schools and shall determine the process for
consideration of proposals. Grants shall be awarded only to school
districts which have a total assessed property valuation per average
daily membership that is less than the state average total assessed
property valuation per average daily membership and, at the time of
application, the district has voted the five-mill building fund levy
authorized in Section 10 of Article X of the Oklahoma Constitution,
and has voted indebtedness through the issuance of new bonds for at
least fifty percent (50%) within the last three (3) years of the
maximum allowable pursuant to the provisions of Section 26 of Article
*+,-11'121#+,, .;$
X of the Oklahoma Constitution as shown on the school district budget
filed with the State Board of Equalization for the current school
year and certifications by the Attorney General prior to April 1 of
the school year. Grants shall be awarded only to charter schools
which have secured matching funds for the specific purpose of
acquiring buildings in an amount of not less than ten percent (10%)
of the total grant amount. The amount of each grant awarded by the
Board each year shall not exceed Four Million Dollars
($4,000,000.00). From the total amount available to provide grants
to public schools and charter schools, charter schools shall be
allocated the greater of ten percent (10%) of the total amount or the
percent of students enrolled in charter schools that are not
sponsored by the Statewide Virtual Charter School Board as compared
to the student enrollment in school districts which have a total
assessed property valuation per average daily membership that is
equal to or less than twenty-five percent (25%) of the state total
assessed property valuation per average daily membership. The Board
shall give priority consideration to school districts which have a
total assessed property valuation per average daily membership that
is equal to or less than twenty-five percent (25%) of the state
average total assessed property valuation per average daily
membership. The Board is authorized to prorate grants awarded if
monies are not sufficient in the fund to award grants to qualified
districts and charter schools. The State Board of Education shall
make available to eligible charter schools any unused grant funds
that remain after the initial allocation to all eligible public
school districts and charter schools of this state. The State Board
of Education shall prescribe rules for making grants of aid from, and
for otherwise administering, the fund pursuant to the provisions of
this paragraph, and may employ and fix the duties and compensation of
technicians, aides, clerks, stenographers, attorneys and other
personnel deemed necessary to carry out the provisions of this
paragraph. The cost of administering the fund shall be paid from
monies appropriated to the State Board of Education for the operation
of the State Department of Education;
22. Recognize that the Director of the Oklahoma Department of
Corrections shall be the administrative authority for the schools
which are maintained in the state reformatories and shall appoint the
principals and teachers in such schools. Provided, that rules of the
State Board of Education for the classification, inspection and
accreditation of public schools shall be applicable to such schools;
and such schools shall comply with standards set by the State Board
of Education; and
23. Have authority to administer a revolving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund shall consist of all
monies received from the various school districts of the state, the
*+,-11'121#+,, .;$"
United States Government, and other sources for the purpose of
furnishing or financing statistical services and for any other
purpose as designated by the Legislature. The State Board of
Education is hereby authorized to enter into agreements with school
districts, municipalities, the United States Government, foundations
and other agencies or individuals for services, programs or research
projects. The Statistical Services Revolving Fund shall be
administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes.
Added by Laws 1971, c. 281, § 3-104, eff. July 2, 1971. Amended by
Laws 1972, c. 241, § 1, emerg. eff. April 7, 1972; Laws 1973, c. 17,
§ 1, emerg. eff. March 27, 1973; Laws 1973, c. 46, § 6, operative
July 1, 1973; Laws 1974, c. 146, § 1; Laws 1975, c. 344, § 1; Laws
1978, c. 85, § 1, eff. Jan. 8, 1979; Laws 1982, c. 369, § 1, eff.
Oct. 1, 1982; Laws 1984, c. 296, § 42, operative July 1, 1984; Laws
1985, c. 13, § 1, eff. Nov. 1, 1985; Laws 1986, c. 105, § 2, emerg.
eff. April 5, 1986; Laws 1991, c. 240, § 1, eff. Sept. 1, 1991; Laws
1993, c. 361, § 1, emerg. eff. June 11, 1993; Laws 1994, c. 2, § 26,
emerg. eff. March 2, 1994; Laws 1994, c. 378, § 1, eff. July 1, 1994;
Laws 1995, c. 1, § 25, emerg. eff. March 2, 1995; Laws 1995, c. 226,
§ 1, eff. July 1, 1995; Laws 1995, c. 322, § 23, eff. July 1, 1995;
Laws 1998, c. 246, § 32, eff. Nov. 1, 1998; Laws 1999, c. 336, § 5,
eff. Nov. 1, 1999; Laws 2009, c. 448, § 1, eff. Nov. 1, 2009; Laws
2010, c. 2, § 73, emerg. eff. March 3, 2010; Laws 2011, c. 31, § 4;
Laws 2012, c. 354, § 1; Laws 2013, c. 271, § 1.
NOTE: Laws 1993, c. 239, § 21 repealed by Laws 1994, c. 2, § 34,
emerg. eff. March 2, 1994. Laws 1994, c. 344, § 1 repealed by Laws
1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 2009, c. 234, §
155 repealed by Laws 2010, c. 2, § 74, emerg. eff. March 3, 2010.
§70-3-104.1. Convicted felons not to receive certification for
instructional, supervisory or administrative position.
No person shall receive a certificate for instructional,
supervisory or administrative position in an accredited school of
this state who has been convicted of a felony, any crime involving
moral turpitude or a felony violation of the narcotic laws of the
United States or the State of Oklahoma, provided the conviction was
entered within the preceding ten-year period.
Laws 1979, c. 91, § 1.
§70-3-104.2. Repealed by Laws 2012, c. 354, § 10.
§70-3-104.3. Requirements for compliance with quality standards -
Loss or denial of accreditation.
A. The Legislature, recognizing its obligation to the children
of this state to ensure their opportunity to receive an excellent
education, and recognizing its obligation to the taxpayers of this
*+,-11'121#+,, .;$
state to ensure that schooling is accomplished in an efficient
manner, hereby establishes requirements for compliance with quality
standards which the public schools and school districts, within the
limits of resources now or subsequently available, must meet.
B. State accreditation shall be withdrawn from or denied to
schools or school districts that do not meet the requirements of
Sections 2, 3, 6, 28, 29, 30, 44, 45, 46, 47, 48, and 49 of this act,
and the State Board of Education shall take action as required by
this act to ensure that students affected are enrolled in schools
that are able to maintain state accreditation. Nothing herein shall
be construed as prohibiting the withdrawing or denial of
accreditation for failure to meet requirements as elsewhere provided
by law.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 1, operative July 1, 1990.
§70-3-104.4. See the following versions:
OS 70-3-104.4v1 (SB 92, Laws 2019, c. 373, § 1).
OS 70-3-104.4v2 (SB 193, Laws 2019, c. 488, § 1).
§70-3-104.4v1. Standards for accreditation.
A. The State Board of Education shall adopt standards for the
accreditation of the public schools in this state according to the
requirements of Section 3-104.3 et seq. of this title, to be
effective as set forth in Section 3-104.3 et seq. of this title. The
accreditation standards shall incorporate the curricular standards
established pursuant to Section 11-103.6 of this title. The
accreditation standards shall equal or exceed nationally recognized
accreditation standards to the extent that the standards are
consistent with an academic results oriented approach to
accreditation. The accreditation adopted by the State Board shall
encompass accreditation for elementary schools, middle schools,
junior high schools, and high schools. The accreditation standards
shall be made available for public inspection at the offices of the
State Department of Education.
B. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of school
counselors to the public school children of this state. The State
Board of Education shall require each local school district to
provide information regarding the number of counselors serving each
school site, the duties of all such counselors including all
administrative duties, the number of students served by each
counselor, and information regarding the number of counselors
employed per elementary school, middle school, junior high school and
high school.
C. Except as otherwise provided, schools shall meet the
accreditation standards as a condition of continued accreditation.
Nothing herein shall be construed as preventing changes to the
*+,-11'121#+,, .;(
adopted standards by the State Board of Education pursuant to the
Administrative Procedures Act. The accreditation standards shall
provide for warnings, probation or nonaccredited status for schools
that fail to meet the standards. The Department shall investigate a
complaint of failure to provide educational services or failure to
comply with accreditation standards within thirty (30) days of
receiving the complaint. If the Department determines that a school
has failed to comply with the accreditation standards, the Department
shall report the recommended warning, probation or nonaccredited
accreditation status to the State Board of Education within ninety
(90) days. If a school does not take action to comply with the
accreditation standards within ninety (90) days after a report is
filed by the Department, the Board shall withdraw accreditation for
the school. The State Board accreditation regulations shall provide
for warnings and for assistance to schools and school districts
whenever there is reason to believe a school is in danger of losing
its state accreditation.
D. If one or more school sites fail to receive accreditation as
required pursuant to this section or subsequently lose accreditation,
the State Board of Education shall close the school and reassign the
students to accredited schools within the district or shall annex the
district to one or more other districts in which the students can be
educated in accredited schools.
E. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
educational services provided in partial hospitalization programs,
day treatment programs, day hospital programs, residential treatment
programs and emergency shelter programs for persons between the ages
of three (3) and twenty-one (21) years of age. The accreditation
standards shall apply to onsite and offsite educational services
provided by public school districts or state-accredited private
schools. Each school which is providing or is required to provide
educational services for students placed in a program as described in
this subsection shall be actively monitored by the State Department
of Education. The Department shall determine on an ongoing basis if
the educational program and services are in compliance with the
accreditation standards.
F. The State Board shall provide assistance to districts in
considering the possibility of meeting accreditation requirements
through the use of nontraditional means of instruction. The State
Board shall also assist districts in forming cooperatives and making
arrangements for the use of satellite instruction or other
instructional technologies to the extent that use of such
instructional means meets accreditation standards.
G. 1. Accreditation shall not be withdrawn from or denied nor
shall a penalty be assessed against a school or school district for
failing to meet the media materials and equipment standards and media
*+,-11'121#+,, .;(
program expenditure standards as set forth in the accreditation
standards adopted by the Board.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during a fiscal year immediately following a fiscal
year that the state financial support of public schools provides an
amount equal to or more than Three Thousand Two Hundred Ninety-one
Dollars and sixty cents ($3,291.60) per weighted average daily
membership as calculated pursuant to Section 18-200.1 of this title
and reported to school districts by the State Department of Education
on the initial tentative State Aid allocation notice.
3. If the amount set and calculated as provided for in paragraph
2 of this subsection is reduced by one percent (1%) or more as
reported to school districts by the Department on the initial
tentative State Aid allocation notice for the following fiscal year,
the provisions of paragraph 2 of this subsection shall cease to be
effective and the provisions of paragraph 1 of this subsection shall
continue to be effective.
H. 1. The State Board shall not assess a financial penalty
against any school district which is given a deficiency in
accreditation status during any fiscal year as provided for in this
subsection.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during a fiscal year immediately following a fiscal
year that the state financial support of public schools provides an
amount equal to or more than Three Thousand Two Hundred Ninety-one
Dollars and sixty cents ($3,291.60) per weighted average daily
membership as calculated pursuant to Section 18-200.1 of this title
and reported to school districts by the State Department of Education
on the initial tentative State Aid allocation notice.
3. If the amount set and calculated as provided for in paragraph
2 of this subsection is reduced by one percent (1%) or more as
reported to school districts by the Department on the initial
tentative State Aid allocation notice for the following fiscal year,
the provisions of paragraph 2 of this subsection shall cease to be
effective and the provisions of paragraph 1 of this subsection shall
continue to be effective.
I. Except as provided for in subsection J of this section,
beginning with the 2019-2020 school year, evaluations of schools to
determine whether they meet the accreditation standards set forth in
accordance with this section shall occur once every four (4) years on
a schedule adopted by the State Board of Education. The Board may
interrupt the evaluation schedule provided in this subsection for
reasons including a change in the superintendent of the school
district; determination that one or more school district board
members have not met the continuing education requirements as defined
by this title; determination that the school district falsified
information submitted to any public city, county, state or federal
*+,-11'121#+,, .;($
official or agency; initiation of an investigation by the Board or a
law enforcement agency; or other determination by the Board that
standards for accreditation are not being met by the school district.
The schedule adopted by the Board shall allow for school districts
receiving no deficiencies for two (2) consecutive years to be
reviewed for accreditation less than annually. Provided, however,
that schools shall be evaluated annually for the purposes of:
1. Local, state and federal funding;
2. Health and safety;
3. Certification requirements for teachers, principals and
superintendents;
4. School board governance, including instructional and
continuing education requirements for school board members; and
5. Any other requirements under state or federal law.
J. Beginning with the 2019-2020 school year, if a public school
receives a deficiency on its accreditation report, the public school
shall be evaluated annually to determine if it meets the
accreditation standards set forth in accordance with this section.
If the public school receives no deficiencies for two (2) consecutive
years, the public school shall be subject to the evaluation timeline
established in subsection I of this section.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 2, emerg. eff. April 25,
1990. Amended by Laws 1995, c. 188, § 1, eff. July 1, 1995; Laws
2010, c. 457, § 1; Laws 2012, c. 236, § 1, eff. July 1, 2012; Laws
2014, c. 311, § 1, eff. July 1, 2014; Laws 2016, c. 253, § 1, eff.
July 1, 2016; Laws 2017, c. 42, § 27; Laws 2019, c. 373, § 1, eff.
Nov. 1, 2019.
NOTE: Laws 2016, c. 205, § 1 repealed by Laws 2017, c. 42, § 28.
§70-3-104.4v2. Standards for accreditation.
A. On or before February 1, 1991, the State Board of Education
shall adopt standards for the accreditation of the public schools in
this state according to the requirements of this act, to be effective
as set forth in this act. The accreditation standards shall
incorporate the curricular standards established pursuant to Section
11-103.6 of this title. The accreditation standards shall equal or
exceed the accreditation standards for schools promulgated by the
North Central Association of Colleges and Schools to the extent that
the standards are consistent with an academic results oriented
approach to accreditation, excluding those standards which deal with
affective behavior to the extent the adoption of the standards does
not conflict with state statute. The accreditation adopted by the
State Board shall encompass accreditation for elementary schools,
middle schools, junior high schools, and high schools. The
accreditation standards shall be made available for public inspection
at the offices of the State Department of Education.
*+,-11'121#+,, .;((
B. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of school
counselors to the public school children of this state. The State
Board of Education shall require each local school district to
provide information regarding the number of counselors serving each
school site, the duties of all such counselors including all
administrative duties, the number of students served by each
counselor, and information regarding the number of counselors
employed per elementary school, middle school, junior high school and
high school.
C. Except as otherwise provided by subsection A of this section
with regard to curricular standards, as a condition of receiving
state accreditation pursuant to this act:
1. High schools shall meet the accreditation standards not later
than June 30, 1995; and
2. Elementary, middle and junior high schools shall meet the
accreditation standards not later than June 30, 1999.
Schools shall thereafter continue to meet the accreditation
standards as a condition of continued accreditation. Nothing herein
shall be construed as preventing changes to the adopted standards by
the State Board of Education pursuant to the Administrative
Procedures Act.
D. If one or more school sites fails to receive accreditation as
required pursuant to this section by the dates set forth in
subsection C of this section or subsequently loses accreditation, the
State Board of Education shall close the school and reassign the
students to accredited schools within the district or shall annex the
district to one or more other districts in which the students can be
educated in accredited schools.
E. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
educational services provided in partial hospitalization programs,
day treatment programs, day hospital programs, residential treatment
programs and emergency shelter programs for persons between the ages
of three (3) and twenty-one (21) years of age. The accreditation
standards shall apply to onsite and offsite educational services
provided by public school districts or state-accredited private
schools. The accreditation standards shall provide for warnings,
probation or nonaccredited status for schools that fail to meet the
standards. Each school which is providing or is required to provide
educational services for students placed in a program as described in
this subsection shall be actively monitored by the State Department
of Education. The Department shall determine on an ongoing basis if
the educational program and services are in compliance with the
accreditation standards. The Department shall investigate a
complaint of failure to provide educational services within ten (10)
days of receiving the complaint. If the Department determines that a
*+,-11'121#+,, .;(
school has failed to comply with the accreditation standards the
Department shall report the recommended warning, probation or
nonaccredited accreditation status to the State Board of Education
within sixty (60) days. If a school does not take action to comply
with the accreditation standards within ninety (90) days after a
report is filed by the Department, the Board shall withdraw
accreditation for the school.
F. State Board accreditation regulations shall provide for
warnings and for assistance to schools and school districts whenever
there is reason to believe a school is in danger of losing its state
accreditation.
G. The State Board shall provide assistance to districts in
considering the possibility of meeting accreditation requirements
through the use of nontraditional means of instruction. The State
Board shall also assist districts in forming cooperatives and making
arrangements for the use of satellite instruction or other
instructional technologies to the extent that use of such
instructional means meets accreditation standards.
H. 1. Accreditation shall not be withdrawn from or denied nor
shall a penalty be assessed against a school or school district for
failing to meet the media materials and equipment standards, media
program expenditure standards and media personnel standards as set
forth in the accreditation standards adopted by the Board.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during the fiscal year which begins on the July 1
immediately succeeding the legislative session during which the
measure appropriating monies to the State Board of Education for the
financial support of public schools is enacted as law and such
appropriation amount is at least Fifty Million Dollars
($50,000,000.00) greater than the amount of money appropriated to the
State Board of Education for the financial support of public schools
for the fiscal year ending June 30, 2019, pursuant to Chapter 146,
O.S.L. 2018. Provided, the Fifty Million Dollars ($50,000,000.00)
shall not include any amount of appropriations dedicated for support
or certified employee salary increases. Accreditation shall not be
withdrawn from or denied nor shall a penalty be assessed against a
school or school district for failing to meet the media personnel
standards as set forth in accreditation standards adopted by the
Board.
I. 1. The State Board shall not assess a financial penalty
against any school district which is given a deficiency in
accreditation status during any fiscal year as provided for in this
subsection.
2. Beginning with the fiscal year which begins July 1, 2021, if
the amount of money appropriated to the State Board of Education for
the financial support of public schools is at least One Hundred
Million Dollars ($100,000,000.00) greater than the amount of money
*+,-11'121#+,, .;()
appropriated to the State Board of Education for the financial
support of public schools for the fiscal year ending June 30, 2019,
pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be
assessed against any school districts that do not comply with the
class size limitations for kindergarten as provided for in Section
18-113.2 of this title and class size limitations for grade one as
provided for in subsection A of Section 18-113.1 of this title.
Provided, the One Hundred Million Dollars ($100,000,000.00) shall not
include any amount of appropriations dedicated for support or
certified employee salary increases.
3. The State Department of Education shall submit a report on
statewide classroom sizes to the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives no later than January 1, 2022.
J. Accreditation shall not be withdrawn from or denied, nor
shall a penalty be assessed against, a school district for complying
with this section.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 2, emerg. eff. April 25,
1990. Amended by Laws 1995, c. 188, § 1, eff. July 1, 1995; Laws
2010, c. 457, § 1; Laws 2012, c. 236, § 1, eff. July 1, 2012; Laws
2014, c. 311, § 1, eff. July 1, 2014; Laws 2016, c. 253, § 1, eff.
July 1, 2016; Laws 2017, c. 42, § 27; Laws 2019, c. 488, § 1, eff.
July 1, 2019.
NOTE: Laws 2016, c. 205, § 1 repealed by Laws 2017, c. 42, § 28.
§70-3-104.5. Plan of Educational Development and Improvement -
Submission to State Board of Education - Rules - Approval or
rejection of plan.
A. The board of education of every elementary school district
and independent school district that has not filed notification with
the State Board of Education by November 1, 1990, of intent to annex
or consolidate shall submit a Plan of Educational Development and
Improvement to the State Board of Education by May 1, 1991. Said
plan shall be submitted in compliance with rules which shall be
promulgated by the State Board by April 1, 1990, for the purpose of
obtaining information the State Board will need to determine whether
such district can be expected to make satisfactory progress toward
meeting the requirements of this act with resources available and
reasonably anticipated. To the greatest possible extent, said rules
shall be written to enable districts to make use of materials
prepared for submittal of the districts' four-year plans pursuant to
Section 3-104.2 of Title 70 of the Oklahoma Statutes and of other
plans or reports required by statutes or State Board regulations.
Nothing herein shall be construed as prohibiting subsequent rule
changes made pursuant to the requirements of the Oklahoma
Administrative Procedures Act, Section 250 et seq. of Title 75 of the
Oklahoma Statutes.
*+,-11'121#+,, .;(!
B. The State Board shall approve each such plan submitted within
three (3) months of receipt of the plan. If the board rejects the
plan, it shall assist the district in revising its plan or
reconsidering the decision not to file notification of intent to
consolidate or annex. Approval shall mean that the State Board has
no reasonable doubt that the district will achieve and maintain full
compliance with all the provisions of this act on schedule. Plans
approved shall be implemented by the local board.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 13, emerg. eff. April 25,
1990; Laws 1991, c. 3, § 1, eff. July 1, 1991.
§70-3-104.6. Legislative membership or in Legislative Service Bureau
as valid experience for renewal of Standard Teaching Certificate.
The State Board of Education shall recognize full time service as
a member of the staff of the House of Representatives, the Senate, or
the Legislative Service Bureau in an area related to education as
valid experience for renewal of the Standard Teaching Certificate.
Added by Laws 1990, c. 260, § 52, operative July 1, 1990.
§70-3-104.7. Day treatment programs - Standards for on-site
educational services.
A. For purposes of this act, partial hospitalization programs,
day treatment programs and day hospital programs mean nonresidential
settings in which school-age children are placed for psychiatric or
psychological treatment which precludes their attendance at a regular
public school.
B. No later than August 15, 1994, the State Board of Education
shall establish standards for on-site educational services provided
in partial hospitalization programs, day treatment programs, and day
hospital programs for persons between the ages of three (3) and
twenty-one (21) years of age. For minors who are persons requiring
psychiatric treatment as defined by Title 43A of the Oklahoma
Statutes, on-site educational services shall be provided beginning on
the eleventh day of admission. The standards shall address all areas
of education including teacher certification requirements, number of
hours taught, adequacy of facilities, and educational plans including
plans for transition into regular school setting.
C. No facility listed in subsection A of this section shall be
licensed pursuant to the provisions of this act unless the facility
meets the standards for educational services established by the State
Board of Education.
D. The State Board of Education shall promulgate rules to
implement the provisions of this act.
Added by Laws 1994, c. 378, § 2, eff. July 1, 1994. Amended by Laws
2014, c. 90, § 2, eff. July 1, 2014.
§70-3-104.8. Contracts with educators.
*+,-11'121#+,, .;(
A. Subject to the availability of funds, the State Department of
Education shall be authorized to directly contract with educators who
are current or retired employees of Oklahoma public school districts,
for services to assist the Department as may be necessary when such
services require the expertise and qualifications of an Oklahoma
certified educator.
B. The contract shall not:
1. Be subject to the competitive bidding requirements of the
Oklahoma Central Purchasing Act; and
2. Be included in the calculation of the educator's salary for
purposes of meeting the district or statutory minimum salary schedule
or for purposes of calculating Teachers' Retirement System of
Oklahoma contributions or benefits.
Added by Laws 2017, c. 71, § 1, eff. July 1, 2017.
§70-3-104.9. Report listing wage, salary, benefit, job class
changes.
Beginning in the 2018-2019 school year, the State Department of
Education shall annually publish on its website within one click of
the homepage a report listing all increases in wages, salaries, rates
of pay or fringe benefits and any changes to job class, excluding job
class changes that did not result in an increase in pay, for school
district employees. The Department shall publish the information
within sixty (60) days following the submission of personnel reports
certified on July 15.
Added by Laws 2018, c. 275, § 1.
§70-3-105. Repealed by Laws 1980, c. 159, § 40, emerg. eff. April 2,
1980.
§70-3-106. Office - Books pertaining to office - Salary of
Superintendent.
The State Superintendent of Public Instruction shall have an
office at the seat of government where all books and papers
pertaining to the office of the Superintendent shall be kept. The
books and papers shall be kept and preserved in the office and
delivered by the Superintendent of Public Instruction to a successor.
The Superintendent shall file and carefully preserve in the office
all official reports made to the Superintendent. The salary of the
State Superintendent of Public Instruction shall be as provided for
in Section 250.4 of Title 74 of the Oklahoma Statutes.
Added by Laws 1971, c. 281, § 3-106, eff. July 2, 1971. Amended by
Laws 1973, c. 137, § 1, emerg. eff. May 10, 1973; Laws 1982, c. 287,
§ 35, operative July 1, 1982; Laws 2011, c. 31, § 5.
§70-3-107. Administrative and executive duties.
*+,-11'121#+,, .;("
The State Superintendent of Public Instruction is hereby
authorized to administer oaths. Upon proper request, the State
Superintendent shall advise school district superintendents and
technology center school district superintendents on questions as to
the powers, duties and functions of school district officials, and
each two (2) years shall cause to be compiled, published and
distributed to boards of education and other public officials as
deemed necessary the school laws in force. The school laws shall
include court decisions, Attorney General's opinions and other
informative matter relating to the school laws as deemed appropriate.
The State Superintendent shall have control of and direct the State
Department of Education and shall perform any other duties pertaining
to the public school system as shall be prescribed by law or the
State Board of Education. The State Superintendent may affiliate
with the National Council of Chief State School Officers and any
other national and state organizations as will be of service and
benefit to the public school system of Oklahoma, and dues or
assessments for membership therein shall be payable from any
appropriation that is available for the payment of current operative
expenses of the State Department of Education.
Added by Laws 1971, c. 281, § 3-107, eff. July 2, 1971. Amended by
Laws 2011, c. 31, § 6.
§70-3-107.1. State Superintendent of Public Instruction – Powers and
duties.
The State Superintendent of Public Instruction shall have the
control of and direct the State Department of Education. In addition
to any other powers and duties as set forth by the Oklahoma
Constitution or by law, the State Superintendent shall:
1. Give advice and make recommendations to the State Board of
Education on all matters pertaining to the policies and
administration of the public school system;
2. Adopt policies and make rules for the organization, operation
and administration of the State Department of Education;
3. Organize and have control of the administration of the State
Department of Education and any other supervisory agencies,
divisions, personnel and their appointment and salaries and other
operations necessary to carry out the powers, duties and functions of
the State Superintendent and the State Board of Education;
4. Have authority to require the coordination of all divisions
of the State Department of Education and have general supervision of
all employees of the Department;
5. Present all recommendations of the Department to the State
Board and require employees of the Department to present specific
matters directly to the State Board; and
6. Be responsible for interpretation of policy and rules set by
the State Board.
*+,-11'121#+,, .;(
Added by Laws 2011, c. 31, § 7.
§70-3-108. Repealed by Laws 1982, c. 287, § 50, operative July 1,
1982.
§70-3-109. Curriculum Materials Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Board of Education, to be designated the "Curriculum
Materials Revolving Fund". The fund shall consist of curriculum
guides fees paid to the Board pursuant to law. The revolving fund
shall be a continuing fund not subject to fiscal year limitations and
shall be under the control and management of the administrative
authority of the State Board of Education. Expenditures from said
fund shall be made for the purpose of maintaining the curriculum
guides process and for any other purpose as designated by the
Legislature. Warrants for expenditure shall be drawn by the State
Treasurer on claims by an authorized employee of the State Board of
Education and approved by the Director of the Office of Management
and Enterprise Services.
Added by Laws 1982, c. 287, § 40, operative July 1, 1982. Amended by
Laws 1993, c. 361, § 2, eff. July 1, 1993; Laws 2012, c. 304, § 588.
§70-3-110. Repealed by Laws 2014, c. 164, § 7, eff. July 1, 2014.
§70-3-110.1. Allocation of funds for adult education.
Funds appropriated to the State Board of Career and Technology
Education for Adult Education Matching Funds shall be provided to
school districts which offer courses leading to a high school
equivalency diploma. The State Board of Career and Technology
Education shall promulgate rules for the distribution of the funds.
Added by Laws 1995, c. 305, § 3, eff. July 1, 1995. Amended by Laws
2014, c. 164, § 1, eff. July 1, 2014; Laws 2015, c. 360, § 1, eff.
July 1, 2015.
§70-3-111. Blank.
§70-3-112. Blank.
§70-3-113. Blank.
§70-3-114. Blank.
§70-3-115. School facility improvement program - Allocations from
appropriations.
C. Of the Eighteen Million Three Hundred Sixty-five Thousand
Four Hundred Two Dollars ($18,365,402.00) scheduled for expenditure
for Administrative and Support Functions of the State Department of
*+,-11'121#+,, .;
Education in Section 80, Chapter 204, O.S.L. 1987, from funds
appropriated to the Department in Sections 71, 72 and 74, Chapter
204, O.S.L. 1987, the sum of Sixty-two Thousand Nine Hundred Sixty-
seven Dollars ($62,967.00) shall be expended for the school facility
improvement program provided in this section.
D. The State Board of Education shall expend the sum of One
Hundred Eighty-seven Thousand Thirty-three Dollars ($187,033.00) from
the State Public Common School Building Equalization Fund for the
school facility improvement program provided in this section.
Added by Laws 1988, c. 320, § 67.
Subsections A and B were vetoed by the Governor.
§70-3-116. Repealed by Laws 2012, c. 223, § 16, eff. July 1, 2013.
§70-3-116.1. Educational Accountability Reform Act - Short title.
This act shall be known and may be cited as the “Educational
Accountability Reform Act”.
Added by Laws 2009, c. 456, § 1, eff. July 1, 2009.
§70-3-116.2. Commission for Educational Quality and Accountability.
A. Effective January 1, 2013, there is hereby created the
Commission for Educational Quality and Accountability. The
membership of the Commission shall consist of:
1. The Secretary of Education, who shall serve as the chair of
the Commission;
2. One member appointed by the Governor, with the advice and
consent of the Senate, representing business and industry from an
Oklahoma employer with five hundred (500) or fewer employees;
3. One member, appointed by the Governor, with the advice and
consent of the Senate, who is a parent of a child enrolled in a
public school in this state;4. One member, appointed by the
Governor, with the advice and consent of the Senate, who is an
administrator of a public school district;
5. One member, appointed by the Governor, with the advice and
consent of the Senate, who shall represent higher education teacher
education programs;
6. One member appointed by the Governor, with the advice and
consent of the Senate, who shall be an active classroom teacher in
kindergarten through grade six; and
7. One member appointed by the Governor, with the advice and
consent of the Senate, who shall be an active classroom teacher in
grades seven through twelve.
The terms of the initial appointed members shall commence on
January 1, 2013, and shall end on June 30, 2014. The terms of
subsequently appointed members shall commence on July 1 of each year
following the election of the Governor thereafter and shall be for
four (4) years. If a vacancy occurs, the vacancy shall be filled for
*+,-11'121#+,, .;
the unexpired term in the same manner as the office was previously
filled.B. A quorum of the Commission, which shall consist of four
members, shall be present in order for the Commission to transact any
business. Members shall be reimbursed for travel in the performance
of their official duties in accordance with the State Travel
Reimbursement Act.
C. Prior to July 1, 2013, the Commission shall meet to organize
and plan for the assumption of the powers and duties of the Education
Oversight Board and the Oklahoma Commission for Teacher Preparation.
D. Beginning July 1, 2013, the Commission shall assume the
following duties:
1. Oversee implementation of the provisions of Enrolled House
Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma
Legislature;
2. Implementation of the provisions of the Oklahoma Teacher
Preparation Act as provided for in law;
3. Make recommendations to the Governor and Legislature on
methods to achieve an aligned, seamless system from preschool through
postsecondary education; and
4. Set performance levels and corresponding cut scores pursuant
to the Oklahoma School Testing Program Act and as provided for in
Section 1210.541 of Title 70 of the Oklahoma Statutes.
E. Beginning July 1, 2013, the Commission shall govern the
operation of the Office of Educational Quality and Accountability
created in Section 3-117 of Title 70 of the Oklahoma Statutes.
F. 1. Beginning July 1, 2014, the Commission shall assume the
following duties of the Oklahoma Commission for Teacher Preparation
according to the provisions of the Oklahoma Teacher Preparation Act:
a. approval and accreditation of teacher education
programs, and
b. assessment of candidates for licensure and
certification.
2. To implement the provisions of this subsection the Commission
shall:
a. include the State Board of Education in the process,
b. review and assess approved, accredited and new programs
of teacher education, and
c. encourage studies and research designed to improve
teacher education.
Added by Laws 2012, c. 223, § 1, eff. Jan. 1, 2013.
§70-3-116.3. Technical corrections - References in statutes.
A. As of July 1, 2013, all references to the Education Oversight
Board shall mean the Commission for Educational Quality and
Accountability.
*+,-11'121#+,, .;$
B. As of July 1, 2013, all references to the Office of
Accountability shall mean the Office of Educational Quality and
Accountability.
C. As of July 1, 2014, all references to the Oklahoma Commission
for Teacher Preparation shall mean the Commission for Educational
Quality and Accountability.
Added by Laws 2012, c. 223, § 2, eff. Jan. 1, 2013.
§70-3-116.4. Transfer of authority.
A. On July 1, 2014, the Oklahoma Commission for Teacher
Preparation shall be placed under the authority of the Commission for
Educational Quality and Accountability. Except as otherwise provided
for in this section, the transfer shall include all real property,
buildings, furniture, equipment, supplies, records, personnel,
assets, current and future liabilities, fund balances, encumbrances,
obligations, and indebtedness associated with the Oklahoma Commission
for Teacher Preparation.
B. All employees of the Oklahoma Commission for Teacher
Preparation on July 1, 2014, including related liabilities for sick
leave, annual leave, holidays, unemployment benefits, and workers’
compensation benefits accruing prior to July 1, 2014, to such
personnel shall be transferred to the Commission for Educational
Quality and Accountability as of July 1, 2014. It is the intent of
the Legislature that, to the extent possible, the Commission ensure
that the employees retain pay and benefits, as much as possible,
including longevity, dependent insurance benefits, seniority, rights,
and other privileges or benefits.
C. Appropriate conveyances and other documents shall be executed
by January 1, 2015, to effectuate the transfer of property owned by
the Oklahoma Commission for Teacher Preparation to the Commission for
Educational Quality and Accountability.
D. Any monies donated or accruing to or in the name of the
Oklahoma Commission for Teacher Preparation after July 1, 2014, shall
be transferred to the Commission for Educational Quality and
Accountability. Any other monies from appropriations, fees,
licenses, fines, penalties, or other similar types of monies that
accrue in any funds or accounts after July 1, 2014, in the name of
the Oklahoma Commission for Teacher Preparation or maintained for the
benefit of the Oklahoma Commission for Teacher Preparation are
transferred to the Commission.
E. The Commission for Educational Quality and Accountability
shall succeed to any contractual rights and responsibilities incurred
by the Oklahoma Commission for Teacher Preparation.
F. The rules of the Oklahoma Commission for Teacher Preparation
that are in effect on July 1, 2014, shall be enforceable by the
Commission for Educational Quality and Accountability until the
Commission establishes rules.
*+,-11'121#+,, .;(
Added by Laws 2012, c. 223, § 3, eff. Jan. 1, 2013.
§70-3-117. Office of Educational Quality and Accountability.
There is hereby created the Office of Educational Quality and
Accountability. The Office of Educational Quality and
Accountability, its personnel, budget, and expenditure of funds shall
be solely under the direction of the Commission for Educational
Quality and Accountability. The Commission shall demonstrate a
savings of fifteen percent (15%) by merging the former Office of
Accountability into the Office of Educational Quality and
Accountability.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 42, emerg. eff. April 25,
1990. Amended by Laws 1997, c. 191, § 2, eff. July 1, 1997; Laws
2003, c. 434, § 30; Laws 2012, c. 223, § 5, eff. July 1, 2013.
NOTE: Laws 2012, c. 304, § 590 repealed by Laws 2013, c. 15, § 95,
eff. July 1, 2013.
§70-3-117.1. Short title - School Finance Review Commission Act.
This act shall be known and may be cited as the "School Finance
Review Commission Act".
Added by Laws 2017, c. 379, § 1, eff. July 1, 2017.
§70-3-117.2. School Finance Review Commission – Creation.
A. There is hereby created the School Finance Review Commission
consisting of:
1. A member appointed by and serving at the pleasure of the
Governor whose term shall begin not later than March 1, 2021;
2. A member appointed by and serving at the pleasure of the
Lieutenant Governor whose term shall begin not later than March 1,
2021;
3. A member appointed by and serving at the pleasure of the
Speaker of the House of Representatives whose term shall begin not
later than March 1, 2021;
4. A member appointed by and serving at the pleasure of the
Minority Leader of the House of Representatives whose term shall
begin not later than March 1, 2021;
5. A member appointed by and serving at the pleasure of the
President Pro Tempore of the Senate whose term shall begin not later
than March 1, 2021;
6. A member appointed by and serving at the pleasure of the
Minority Leader of the Senate whose term shall begin not later than
March 1, 2021;
7. The Executive Director of the Office of Educational Quality
and Accountability or his or her designee who is an employee of the
Office of Educational Quality and Accountability who shall be an ex
officio and nonvoting member; and
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8. The State Superintendent or his or her designee who is an
employee of the State Department of Education who shall be an ex
officio and nonvoting member.
B. Thereafter persons shall be appointed by the appointing
authority for terms of four (4) years beginning on January 1, or
until the Commission expires. Any vacancy shall be filled by the
appointing authority for the remainder of the unexpired term.
C. No voting member shall be appointed to the Commission who at
the time of his or her appointment is an elected official. Any
person who is appointed to the Commission who subsequently becomes an
elected official during his or her term on the Commission shall be
required to vacate his or her position on the Commission.
D. The Educational Quality and Accountability Commission shall
provide staff and administrative support to the School Finance Review
Commission. The State Department of Education shall assist the
Educational Quality and Accountability Commission as needed in
providing staff and administrative support to the School Finance
Review Commission.
E. The Commission shall hold its meetings in compliance with the
Oklahoma Open Meeting Act.
F. No person appointed to the Commission shall be permitted to
receive travel reimbursement or compensation.
Added by Laws 2017, c. 379, § 3, eff. July 1, 2017.
§70-3-117.3. School Finance Review Commission – Duties.
A. The School Finance Review Commission shall conduct a review
of all matters related to school finance, including but not limited
to teacher compensation, benefits and administration costs.
B. The Commission shall submit a report of its findings to the
Governor, the President Pro Tempore of the Senate and the Speaker of
the House of Representatives no later than December 31, 2023, and
every subsequent four (4) years by December 31.
Added by Laws 2017, c. 379, § 4, eff. July 1, 2017.
§70-3-118. Secretary of Education - Powers, duties and
responsibilities.
The Secretary of Education shall:
1. Oversee the Office of Educational Quality and Accountability;
2. Employ necessary personnel according to procedures
established for the employment of personnel by the Office of
Management and Enterprise Services;
3. Monitor the efforts of the public school districts to comply
with the provisions of this act and of Enrolled Senate Bill No. 183
of the 1st Session of the 42nd Oklahoma Legislature which relate to
common education;
4. Identify districts not making satisfactory progress toward
compliance with the provisions and recommend appropriate corrective
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actions to the State Board of Education concerning each district so
identified;
5. Have executive responsibility for the Oklahoma Educational
Indicators Program and the annual report required pursuant to Section
1210.531 of this title;
6. Review and make periodic public comment on the progress and
effectiveness of the State Board and State Department of Education,
the Office of the State Superintendent of Public Instruction, other
bodies created by this act, and the public schools of this state
concerning the implementation of the provisions of this act and of
Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma
Legislature which relate to common education;
7. Analyze the revenues for all systems of education and the
expenditure of common education revenue, giving close attention to
expenditures for administrative expenses relating to the common
schools;
8. Make reports to the public concerning these matters whenever
appropriate; and
9. Submit recommendations regarding funding for education or
statutory changes to the Speaker of the House of Representatives, the
President Pro Tempore of the Senate and the Governor whenever
appropriate.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 43, emerg. eff. April 25,
1990. Amended by Laws 1997, c. 191, § 3, eff. July 1, 1997; Laws
2012, c. 223, § 6, eff. July 1, 2013; Laws 2012, c. 304, § 591.
§70-3-118.1. Budget and operations performance reviews.
A. The Office of Educational Quality and Accountability is
hereby authorized to conduct a performance review program to
determine the effectiveness and efficiency of the budget and
operations of school districts that have:
1. Administrative service costs which are above the expenditure
limits established for school districts in Section 18-124 of this
title or have total expenditures in excess of the district's adopted
budget;
2. A district academic performance data score, calculated
pursuant to the Elementary and Secondary Education Act of 1965, as
amended or reauthorized, that is below the state average academic
performance data;
3. Had a request for a performance review submitted by the
Governor or the State Superintendent of Public Instruction;
4. A district student eligibility rate for free or reduced-price
meals under the National School Lunch Act that is above the state
average; or
5. Submitted a request for a performance review subsequent to a
majority vote of the district's board of education.
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B. Funds appropriated by the Legislature to the Office of
Educational Quality and Accountability may be expended to fulfill the
provisions of this section. The Office of Educational Quality and
Accountability may contract with an outside entity or hire personnel
to assist in the development and design of the program. The Office
of Educational Quality and Accountability may contract with outside
entities to assist in conducting performance review programs. Such
entities shall be chosen through a competitive bid process.
Invitations to bid for the performance reviews shall be open to any
public or private entity. Contracts for performance reviews shall
not be done on a sole source basis.
C. 1. If a performance review is conducted as authorized
pursuant to paragraphs 1 through 4 of subsection A of this section,
the entire cost of the review shall be borne by the Office of
Educational Quality and Accountability.
2. If a school district requests a performance review, as
authorized pursuant to paragraph 5 of subsection A of this section,
twenty-five percent (25%) of the entire cost of the review shall be
borne by the school district and seventy-five percent (75%) of the
cost of the review shall be borne by the Office of Educational
Quality and Accountability.
3. Districts shall be selected for review by the Commission for
Educational Quality and Accountability contingent upon the
availability of funding.
D. The Office of Educational Quality and Accountability shall
engage in follow-up, outreach and technical assistance to help school
districts and others understand, interpret, and apply the
recommendations and best practices resulting from performance reviews
conducted pursuant to this section.
E. After a performance review of a school district is completed
by the Office of Educational Quality and Accountability, the school
district may implement all or part of the recommendations contained
in the review.
F. If a school district experiences a cost savings that is
directly attributable to implementation of performance review
recommendations, the cost savings shall be expended by the school
district for classroom expenses. Classroom expenses shall include
but are not limited to teacher salaries and purchasing textbooks,
teaching material, technology and other classroom equipment.
Classroom expenditures shall not include administrative services as
defined in Section 18-124 of this title or for equipment or materials
for administrative staff.
Added by Laws 2001, c. 419, § 1, eff. July 1, 2001. Amended by Laws
2002, c. 446, § 1, emerg. eff. June 5, 2002; Laws 2005, c. 432, § 14,
eff. July 1, 2005; Laws 2009, c. 161, § 1, eff. July 1, 2009; Laws
2012, c. 223, § 7, eff. July 1, 2013; Laws 2013, c. 83, § 2, eff.
July 1, 2013.
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§70-3-119. Allocation of funds for school lunch programs.
Funds appropriated to the State Board of Education for School
Lunch Matching and School Lunch Programs shall be apportioned by the
State Board of Education to each school district for the purpose of
providing meals for children in compliance with the National School
Lunch Act and the Child Nutrition Act of 1966 and Public Law 91-248,
as they may hereafter be amended or supplemented.
Added by Laws 1995, c. 305, § 4, eff. July 1, 1995.
§70-3-120. Board approval of programs using state funds.
The funding of programs with state funds appropriated to the
State Board of Education which are to be awarded through a
competitive application process or on a contractual basis shall be
subject to final approval of the State Board of Education. The Board
shall be responsible for the review and evaluation of the programs
throughout the term of the funding or contract. The Board shall
ensure that all state funds are expended in an appropriate manner and
for the purposes stated in the application or contract.
Added by Laws 1995, c. 305, § 5, eff. July 1, 1995.
§70-3-121. Apportionment of certain administrative and support
function funds.
A portion of the funds appropriated to the State Board of
Education for the Administrative and Support Functions of the State
Department of Education shall be expended for:
1. The cost involved in administering, scoring, reporting and
other incidental duties necessary to accomplish the provisions of the
Oklahoma School Testing Program Act;
2. Preschool deaf education programs operated by the State
Department of Education; and
3. Conducting training workshops for administrative personnel
pursuant to the provisions of Section 6-101.10 of this title.
Added by Laws 1995, c. 305, § 6, eff. July 1, 1995.
§70-3-122. Funding for education of children with visual
impairments.
A. A portion of the funds appropriated to the State Board of
Education for Administrative and Support Functions of the State
Department of Education shall be expended for the development and
operation of a statewide network of services for the education of
children with visual impairments. The network shall consist of
itinerant services provided by qualified regional program specialists
and certified orientation and mobility specialists.
B. The network of services to be provided shall include:
1. Assessment of visual function;
2. Consultation regarding assessment of academic performance;
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3. Consultation regarding assessment of ophthalmological
performance;
4. Consultation regarding assessment of psychological
performance;
5. Consultation regarding assessment of vocational performance;
6. Assistance in the development of individualized education
plans for children with visual impairments; and
7. Provisions of or consultation regarding the acquisition of
special equipment for children with visual impairment.
Added by Laws 1995, c. 305, § 7, eff. July 1, 1995.
§70-3-123. Allocation of funds for Oklahoma Education 2000
Challenge.
A portion of the funds appropriated for the Administrative and
Support Functions of the State Department of Education shall be
allocated for the purpose of implementing the reforms in the Oklahoma
Education 2000 Challenge Act, enacted by Enrolled Senate Bill No. 183
of the 1st Session of the 42nd Oklahoma Legislature and Enrolled
House Bill No. 1017 of the 1st Extraordinary Session of the 42nd
Oklahoma Legislature.
Added by Laws 1995, c. 305, § 8, eff. July 1, 1995.
§70-3-123.1. Review of legislative provisions for duplication or
conflict in mandates.
The State Department of Education shall conduct a review of
provisions of Enrolled House Bill No. 1017 of the 1st Extraordinary
Session of the 42nd Oklahoma Legislature as amended, Enrolled House
Bill No. 1759 of the 1st Regular Session of the 47th Oklahoma
Legislature as amended, and the federal Elementary and Secondary
Education Act, P.L. No. 107-110, also known as the No Child Left
Behind Act of 2001, to determine if there is a duplication of or a
conflict in the legislative mandates in each act. The Department
shall submit a report of the review to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate and the
chairs of the House of Representatives Education Committee, the
Senate Education Committee, the House of Representatives
Appropriation and Budget Education Subcommittee, and the Senate
Appropriation and Budget Education Subcommittee for review by the
House and Senate staff no later than September 1, 2003.
Added by Laws 2003, c. 434, § 1.
§70-3-124. Short title.
This act shall be known and may be cited as the "Educational
Deregulation Act".
Added by Laws 1995, c. 307, § 1, eff. July 1, 1995.
§70-3-125. Purpose of act.
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The purpose of this act is to ensure that local schools have the
necessary freedom to innovate and improve education systems in order
to maximize student learning and performance. Pursuant to this
purpose, school districts shall be allowed to develop, make
application for and implement educational improvement plans which
would exempt the school district, a school site or any program, grade
level, consortium of schools or school districts or other group
within the district from the educational-related statutory
regulations set forth in subsection D of Section 3 of this act and
the State Board of Education rules. The plans submitted by school
districts and approved by the State Board of Education should
emphasize innovation, flexibility, and collaboration at the local
school level, accountability at the state and local level,
dissemination of results, and strict emphasis on improved student
achievement.
Added by Laws 1995, c. 307, § 2, eff. July 1, 1995.
§70-3-126. Educational improvement plans - Components - Exemptions
from statutory requirements and State Board of Education rules.
A. A school district may develop an educational improvement plan
which includes exemption from the educational-related statutory
requirements set forth in subsection C of this section and State
Board of Education rules for the school district, a school site or
any program, grade level, consortium of schools or school districts
or other group within the school district. The board of education of
the school district shall, through adoption of a resolution, approve
the plan prior to application being made to the State Board of
Education.
B. Each educational improvement plan approved by the State Board
of Education shall include the following components:
1. A description of the educational benefits to be derived;
2. A definition of the standards of the plan;
3. Development of definitive work products, such as site
improvement plans and progress reports;
4. Demonstration of collaboration by teachers, administrators,
higher education representatives, students, parents/families, and the
community;
5. Development and the use of an assessment mechanism to
determine progress in meeting the goals and objectives of the plan;
6. Development of an in-service training plan to be provided to
personnel at the site who will participate in the project;
7. Report on the results of the plan to the State Board of
Education and provision of appropriate technical assistance to other
school districts and the State Department of Education as required;
and
8. Explanation of how the plan will affect other schools,
programs or sites in the district.
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C. Each educational improvement plan shall include a list of the
specific educational-related statutory requirements and State Board
of Education rules the school district is requesting an exemption
from and why each exemption is necessary to success of the plan. The
school district shall not be granted an exemption from federal
educational-related requirements. A school district may request an
exemption from any statutory requirement or State Board of Education
rule not related to bilingual and special education programs, health
and safety provisions, school finance, State Aid, pupil formula
weights, teacher salary and teacher retirement, the Oklahoma School
Testing Program, the Oklahoma Educational Indicators Program and the
teacher preparation, examination, certification, residency and
professional development system. The State Board of Education may
grant district-wide exemptions from certification requirements for
Library Media Specialists to districts experiencing a shortage in
this area. The State Board of Education may grant an exemption from
certification requirements for superintendents to any district with
an unweighted average daily membership over twenty-five thousand
(25,000).
Added by Laws 1995, c. 307, § 3, eff. July 1, 1995. Amended by Laws
1996, c. 343, § 1, eff. July 1, 1996; Laws 1999, c. 311, § 1, emerg.
eff. June 4, 1999; Laws 2001, c. 24, § 1, emerg. eff. April 3, 2001;
Laws 2014, c. 124, § 2, eff. July 1, 2014.
§70-3-127. Approval by State Board of Education.
A. Prior to the adoption of a resolution by the local board of
education as required in subsection A of Section 3-126 of this title,
the local board of education shall provide for a period of public
review and comment on the proposed educational improvement plan and
shall notify and allow comment from the district bargaining agent of
the plan. If no bargaining agent exists for that district, the
teachers directly effected shall be notified and allowed to make
comments. All comments, recommendations and objections made by the
bargaining agent and others to the local board of education shall be
forwarded to the State Board of Education for consideration prior to
review of the plan.
B. Each educational improvement plan shall be approved by the
State Board of Education before implementation.
C. Approval of a plan shall be for no longer than three (3)
years. If a plan is approved, the school district shall be required
to submit an annual report and the Board shall provide for an annual
assessment of the plan.
D. The Board shall notify the Speaker of the House of
Representatives and the President Pro Tempore of the Senate of the
approval of plans on a quarterly basis and shall provide the Speaker
and the President Pro Tempore with copies of the annual reports and
assessments.
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E. If the Board determines through the annual assessment process
that the school district is not complying with the requirements of
the Educational Deregulation Act or is not meeting the goals of the
plan, it shall first provide notice to the district of its findings.
If the school district does not come into compliance or take action
to meet the goals of the plan, the Board shall withdraw approval and
terminate the plan.
Added by Laws 1995, c. 307, § 4, eff. July 1, 1995. Amended by Laws
1996, c. 343, § 2, eff. July 1, 1996.
§70-3-128. Rules.
The State Board of Education shall promulgate rules to implement
the provisions of this act.
Added by Laws 1995, c. 307, § 6, eff. July 1, 1995.
§70-3-129.1. Short title.
This act shall be known and may be cited as the “Empowered
Schools and School Districts Act”.
Added by Laws 2010, c. 353, § 1.
§70-3-129.2. Definitions.
As used in the Empowered Schools and School Districts Act:
1. “Empowered school” means a school in which a school district
board of education implements an empowerment plan pursuant to Section
3 of this act;
2. “Empowered school zone” means a group of schools of a school
district that share common interests, such as geographical location
or educational focus, or that sequentially serve classes of students
as they progress through elementary and secondary education and in
which a school district board of education implements an empowerment
plan pursuant to Section 3 of this act;
3. “Empowered district” means a school district in which all
schools of a school district are included in an empowerment plan
implemented by the school district board of education pursuant to
Section 3 of this act; and
4. “State Board” means the State Board of Education.
Added by Laws 2010, c. 353, § 2.
§70-3-129.3. Public school, zone, or district empowerment plan.
A. 1. A public school, zone, or district may submit to its
school district board of education an empowerment plan as described
in subsection C of this section.
2. A school district board of education shall receive and review
each empowerment plan submitted pursuant to paragraph 1 of this
subsection. The school district board of education shall either
approve or disapprove the empowerment plan within sixty (60) days
after receiving the plan.
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3. If the school district board of education rejects the plan,
it shall provide to the public school, zone, or district that
submitted the plan a written explanation of the basis for its
decision. A public school, zone, or district may resubmit an amended
empowerment plan at any time after denial.
4. If the school district board of education approves the plan,
it shall proceed to seek approval of the school, zone, or district as
an empowered school, zone, or district pursuant to Section 6 of this
act.
B. A school district board of education may initiate and
collaborate with one or more public schools of the school district to
create one or more empowerment plans, as described in subsection C of
this section. In creating an empowerment plan the school district
board of education shall ensure that each public school that would be
affected by the plan has the opportunity to participate in the
creation of the plan.
C. Each empowerment plan shall include the following
information:
1. A statement of the mission of the school, zone, or district
and why designation as an empowered school, zone, or district would
enhance the ability of the school, zone, or district to achieve its
mission;
2. A description of the innovations the school, zone, or
district would implement, which may include, but not be limited to,
innovations in school staffing, curriculum and assessment, class
scheduling, use of financial and other resources, and faculty
recruitment, employment, evaluation, and compensation;
3. A listing of the programs, policies, or operational documents
within the school, zone, or district that would be affected by the
innovations identified by the school, zone, or district and the
manner in which they would be affected. The programs, policies, or
operational documents may include, but not be limited to:
a. the research-based educational program to be
implemented,
b. the length of school day and school year,
c. the student promotion and graduation policies to be
implemented,
d. the assessment plan,
e. the proposed budget, and
f. the proposed staffing plan;
4. A description of any statutory, regulatory, or district
policy requirements that would need to be waived for the school,
zone, or district to implement the identified innovations;
5. A description of any provision of the collective bargaining
agreement in effect for the personnel at the school, zone, or
district that would need to be waived for the school, zone, or
district to implement its identified innovation;
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6. An identification of the improvements in academic performance
that the school, zone, or district expects to achieve in implementing
the innovations;
7. An estimate of the cost savings and increased efficiencies,
if any, the school, zone, or district expects to achieve in
implementing the identified innovations;
8. Evidence that both a majority of the administrators and a
majority of the teachers employed at the school, zone, or district
approve the empowerment plan and consent to the designation as an
empowered school, zone, or district. The determination of approval
and consent of the plan shall be obtained by means of a secret ballot
vote;
9. A statement of the level of support for designation as an
empowered school, zone, or district demonstrated by the other persons
employed at the school, zone, or district, the students and parents
of students enrolled in the school, zone, or district, and the
community surrounding the school, zone, or district; and
10. Any additional information required by the school district
board of education of the school district in which the empowerment
plan would be implemented.
D. Each plan for creating an empowered school zone or district
whether submitted by a group of public schools or created by a school
district board of education through collaboration with a group of
public schools, shall also include the following additional
information:
1. A description of how innovations in the schools in the
empowered school zone or district would be integrated to achieve
results that would be less likely to be accomplished by each school
working alone; and
2. An estimate of any economies of scale that would be achieved
by innovations implemented jointly by the schools within the
empowered school zone or district.
E. No employee of a school, zone, or district shall be
discriminated against by the school district board of education, the
superintendent of the school district, or any other administrative
officer of the school district or by any employee organization, an
officer of the organization, or a member of the organization for
exercising or not exercising the rights provided for under the
Empowered Schools and School Districts Act. An employee of a school
district or an officer or member of an employee organization shall be
prohibited from impeding, restraining or coercing an employee of a
school, zone or district from exercising the rights provided for
under the act or causing an employer to impede, restrain or coerce an
employee from exercising the rights provided for under the act.
Added by Laws 2010, c. 353, § 3.
§70-3-129.4. Empowerment plan considerations.
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In considering or creating an empowerment plan each school
district board of education is encouraged to consider innovations in
the following areas:
1. Curriculum and academic standards and assessments;
2. Accountability measures, including, but not limited to,
expanding the use of a variety of accountability measures to more
accurately present a complete measure of student learning and
accomplishment. The accountability measures adopted may include, but
not be limited to:
a. use of graduation or exit examinations,
b. use of end-of-course examinations,
c. use of formative assessments which measure student
growth over time,
d. use of the Explore and Plan assessments,
e. measuring the percentage of students continuing into
higher education, and
f. measuring the percentage of students simultaneously
obtaining a high school diploma and an associate’s
degree or a career and technical education certificate;
3. Provision of services, including, but not limited to, special
education services, services for gifted and talented students,
services for limited English proficient students, educational
services for students at risk of academic failure, expulsion, or
dropping out; and support services provided by the Department of
Human Services or county social services agencies;
4. Teacher recruitment, training, preparation, and professional
development;
5. Teacher employment;
6. Performance expectations and evaluation procedures for
teachers and principals;
7. Compensation for teachers, principals, and other school
building personnel, including, but not limited to, performance pay
plans, total compensation plans, and other innovations with regard to
retirement and other benefits;
8. School governance and the roles, responsibilities, and
expectations of principals in empowered schools or schools within an
empowered school zone; and
9. Preparation and counseling of students for transition to
postsecondary education or the workforce.
Added by Laws 2010, c. 353, § 4.
§70-3-129.5. Acceptance of gifts, grants, and donations.
Each public school and each school district board of education
may seek and accept public and private gifts, grants, and donations
to offset the costs of developing and implementing empowerment plans.
Added by Laws 2010, c. 353, § 5.
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§70-3-129.6. Submitting approved empowerment plan to the State Board
of Education.
A. Each school district board of education shall submit approved
school, zone, or district empowerment plans to the State Board of
Education.
B. 1. Within sixty (60) days after receiving an empowerment
plan for a school, zone, or district, the State Board shall approve
the empowerment plan unless the State Board concludes that the
submitted plan:
a. is likely to result in a decrease in academic
achievement in the empowered school, zone, or district,
or
b. is not fiscally feasible.
2. If the State Board does not approve the empowerment plan, it
shall provide to the school district board of education a written
explanation of the basis for its decision. The school district board
of education may resubmit an amended empowerment plan and seek
approval of the empowerment plan at any time after denial.
Added by Laws 2010, c. 353, § 6.
§70-3-129.7. Waiving statutes or rules.
A. Upon approval of an empowerment plan for a school, zone, or
district, the State Board of Education shall waive any statutes or
rules specified in the approved empowerment plan as they pertain to
the empowered school, zone, or district; except that the State Board
shall not waive requirements for the following:
1. School district employee participation in the Teachers’
Retirement System of Oklahoma;
2. The Oklahoma School Testing Program Act;
3. The requirement for students enrolled in the school district
to demonstrate mastery of the state academic content standards as set
forth in Section 1210.523 of Title 70 of the Oklahoma Statutes;
4. The accountability system as set forth in Section 1210.541 of
Title 70 of the Oklahoma Statutes; and
5. The federal “No Child Left Behind Act of 2001”, 20 U.S.C.,
Section 6301 et seq.
B. Except as otherwise provided in this subsection, the State
Board of Education shall not waive any statute or rules specified in
the approved empowerment plan for an empowered school, zone or
district if the statute or rule relates to the implementation of or
requirements for any program or grant for which the school district
is receiving funds appropriated for the support of public school
activities. The State Board of Education may waive any statute or
rule that relates to the implementation of or requirements for any
program or grant only if the funding for the program or grant is no
longer allocated to the school district.
*+,-11'121#+,, .;)!
C. Designation as an empowered school, zone, or district shall
not affect the allocation of State Aid funding for the school
district as calculated pursuant to Section 18-200.1 of Title 70 of
the Oklahoma Statutes.
D. 1. If the school district board of education for an
empowered school, zone, or district revises an empowerment plan as
provided in Section 9 of this act, the school district board of
education may request, and the State Board shall grant, additional
waivers or changes to existing waivers as necessary to accommodate
the revisions to the empowerment plan unless the State Board
concludes that the waivers or changes to existing waivers would:
a. be likely to result in a decrease in academic
achievement in the empowered school, zone, or district,
or
b. not be fiscally feasible.
In requesting a new waiver or a change to an existing waiver, the
school district board of education shall demonstrate the consent of a
majority of the teachers and a majority of the administrators
employed at each school that is affected by the new or changed
waiver.
2. Except as otherwise provided in paragraph 1 of this
subsection, a waiver that is granted pursuant to this section shall
continue to apply to a school, zone, or district as long as the
school, zone, or district continues to be designated as an empowered
school, zone, or district.
Added by Laws 2010, c. 353, § 7.
§70-3-129.8. Waiver of provisions in collective bargaining
agreement.
A. 1. On and after the date on which the State Board of
Education approves a school, zone, or district as an empowered
school, zone, or district, any collective bargaining agreement of the
empowered school, zone, or district shall include a provision that
allows each empowered school, zone, or district to waive any
provisions of the collective bargaining agreement identified in the
empowerment plan as needing to be waived for the empowered school,
zone, or district to implement its identified innovations.
2. For an empowered school, waiver of one or more of the
provisions of the collective bargaining agreement shall be based on
obtaining the approval, by means of a secret ballot vote, of at least
sixty percent (60%) of the members of the collective bargaining unit
who are employed at the empowered school.
3. For an empowered school zone or district, waiver of one or
more of the provisions of the collective bargaining agreement shall
be based on obtaining, at each school included in the empowered
school zone or district, the approval, by means of a secret ballot
vote, of at least sixty percent (60%) of the members of the
*+,-11'121#+,, .;)
collective bargaining unit who are employed in the zone or district.
The school district board of education for the empowered zone or
district may choose to revise the plan for creating an empowered zone
or district to remove from the zone or district any school in which
at least sixty percent (60%) of the members of the collective
bargaining unit employed at the school do not vote to waive the
identified provisions of the collective bargaining agreement.
4. If a school district board of education, in collaboration
with the empowered school, zone, or district, revises the empowerment
plan, as provided in Section 9 of this act, and the revisions include
changes to the identified provisions of the collective bargaining
agreement that need to be waived to implement the innovations that
are included in the empowerment plan, the school district board of
education shall seek such additional waivers or revision or
revocation of the existing waivers of provisions of the collective
bargaining agreement as are necessary to implement the revised
empowerment plan. Any changes to waivers, or additional waivers, of
the identified provisions of the collective bargaining agreement
shall be subject to approval in the same manner as provided in
paragraphs 2 and 3 of this subsection for the initial approval of
waivers of provisions of the collective bargaining agreement.
5. Except as otherwise provided in paragraph 4 of this
subsection, waiver of identified provisions of a collective
bargaining agreement for an empowered school, zone, or district
pursuant to this subsection shall continue as long as the school,
zone, or district remains an empowered school, zone, or district. A
waiver approved pursuant to this subsection shall continue to apply
to any substantially similar provision that is included in a new or
renewed collective bargaining agreement for the schools of the
empowered school, zone, or district.
B. A person who is a member of the collective bargaining unit
and is employed at an empowered school or zone may request a transfer
to another public school in the district. The school district board
of education shall make every reasonable effort to accommodate the
request of the person.
Added by Laws 2010, c. 353, § 8.
§70-3-129.9. Performance review.
A. Three (3) years after the State Board of Education approves
an empowerment plan for a school, zone, or district, and every three
(3) years thereafter, the school district board of education shall
review the level of performance of the empowered school, zone, or
district and determine whether the empowered school, zone, or
district is achieving or making adequate progress toward achieving
the academic performance results identified in the empowerment plan
of the school, zone, or district. The school district board of
education, in collaboration with the empowered school, zone, or
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district, may revise the empowerment plan as necessary to improve or
continue to improve academic performance at the empowered school,
zone, or district. Any revisions to the empowerment plan shall
require the consent of a majority of the teachers and a majority of
the administrators employed at each affected public school.
B. 1. Following review of an empowered school’s performance, if
a school district board of education finds that the academic
performance of students enrolled in the empowered school is not
improving at a sufficient rate, the district school board may revoke
the empowered status of the school.
2. Following review of the performance of an empowered school
zone or district, if a school district board of education finds that
the academic performance of students enrolled in one or more of the
public schools included in the empowered school zone or district is
not improving at a sufficient rate, the school district board of
education may remove the underperforming public school or schools
from the empowered school zone or district or may revoke the
designation of the empowered school zone or district.
Added by Laws 2010, c. 353, § 9.
§70-3-129.10. Annual report.
A. By March 1, 2011, and each year thereafter, the State Board
of Education shall submit to the Governor, the President Pro Tempore
of the State Senate, the Speaker of the House of Representatives, and
to the members of the education committees of the Senate and the
House of Representatives, or any successor committees, a report
concerning the empowered districts. At a minimum, the report shall
include:
1. The number of school districts designated as empowered
districts in the preceding academic year and the total number of
empowered districts in the state;
2. The number of empowered schools and the number of empowered
school zones, including the number of schools in the zone, in each
empowered district and the number of students served in the empowered
schools and empowered school zones, expressed as a total number and
as a percentage of the students enrolled in the empowered district;
3. An overview of the innovations implemented in each empowered
school, zone, and district;
4. An overview of the academic performance of the students
served in empowered schools, zones, and districts, including a
comparison between the academic performance of the students before
and since implementation of the innovations;
5. Any recommendations for legislative changes based on the
innovations implemented or to further enhance the ability of school
district boards of education to implement innovations; and
6. Any additional information requested by the Governor or a
member of the Legislature.
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B. The State Superintendent of Public Instruction shall ensure
that the annual report submitted pursuant to this section is promptly
posted on the State Department of Education website.
Added by Laws 2010, c. 353, § 10.
§70-3-129.11. School District Empowerment Program.
A. There is hereby established the School District Empowerment
Program which shall be administered by the State Board of Education.
The purpose of the program is to empower locally elected school board
members to govern school districts and make decisions based on the
needs of their students and circumstances.
B. 1. Subject to the provisions of this section, a school
district shall be allowed to submit a request to the State Board of
Education for an exemption from all statutory requirements and State
Board of Education rules from which charter schools are exempt, as
provided for in the Oklahoma Charter Schools Act. Any request for
exemption shall include a plan which outlines the goals sought to be
achieved at a minimum, include the educational and fiscal benefits
and the anticipated impacts or outcomes the plan will have in the
district.
2. Within ninety (90) days after receiving the request and plan,
the State Board shall approve or disapprove the request. If the
State Board does not approve the request, it shall provide to the
school district a written explanation of the basis for its decision.
The school district may resubmit an amended request at any time after
the denial. The request shall be approved by the State Board before
implementation by the school district. An approved request and plan
shall be for no longer than three (3) years. Prior to the beginning
of the third year, the school district may apply for renewal of the
approved request and plan. The school district shall be required to
submit an annual report and the State Board shall annually assess the
academic achievement and fiscal status of the school district.
C. Nothing in this section shall prevent a school district board
of education from choosing to follow any or all state laws, rules or
regulations from which a charter school is exempt. A school district
which has been granted approval by the State Board for exemption as
set forth in subsection B of this section shall have the option to
adopt policies to implement any requirement for the school district
that is consistent with any statutory requirement or mandate or State
Board rule, but a participating school shall comply with the
following requirements:
1. Students who reside in the school district shall be entitled
to attend school in the district as set forth in Section 1-114 of
this title;
2. School districts shall comply with the requirements of the
minimum salary schedule for teachers as set forth in Section 18-
114.12 of this title;
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3. Employees of school districts shall continue to participate
as members of the Teachers' Retirement System of Oklahoma as set
forth in Section 17-101 et seq. of this title;
4. School districts shall comply with the requirement to provide
a health insurance plan for school district employees as set forth in
Section 5-117.5 of this title and to establish or make available to
school district employees a cafeteria plan as set forth in Section
26-104 of this title;
5. School districts shall require any person employed by the
school district to file with the district board a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Each
district shall adopt a policy regarding criminal history record
checks as set forth in Section 5-142 of this title;
6. School districts shall comply with the requirement to
evaluate teachers and to train personnel designated to conduct
personnel evaluations as set forth in Sections 6-101.10 and 6-101.11
of this title, the dismissal and due process procedures for
administrators as set forth in Sections 6-101.13 through 6-101.15 of
this title and the due process procedures for teachers as set forth
in Sections 6-101.21 through 6-101.26 of this title;
7. School districts shall comply with the requirement to make
payroll deductions for either or both professional organization dues
and political contributions upon the request of an employee as set
forth in Section 5-139 of this title;
8. School districts shall comply with the dismissal and due
process procedures for education support employees as set forth in
Sections 6-101.40 through 6-101.47 of this title;
9. School districts shall employ as teachers, counselors,
librarians, school nurses, superintendents, principals, supervisors
or any other instructional, supervisory or administrative employee
only those persons who are certified by the State Board of Education
in accordance with the Oklahoma Teacher Preparation Act, except for
persons exempt from the certification requirements as otherwise
provided by law;
10. School districts shall provide for negotiations between
school employees and school districts as set forth in Sections 509.1
through 509.11 of this title;
11. School districts shall be required to offer and students
enrolled in the school district shall be required to complete the
curriculum requirements as set forth in Section 11-103.6 of this
title;
12. Students enrolled in the school district shall be required
to demonstrate mastery of the state academic content standards as set
forth in Section 1210.523 of this title; and
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13. Members of the school district board of education shall be
required to satisfy the instruction and continuing education
requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of
this title.
Added by Laws 2013, c. 312, § 1. Amended by Laws 2014, c. 124, § 3,
eff. July 1, 2014.
§70-3-130. Short title.
Sections 6 through 18 of this act shall be known and may be cited
as the “Oklahoma Charter Schools Act”.
Added by Laws 1999, c. 320, § 5, eff. July 1, 1999.
§70-3-131. Purpose.
A. The purpose of the Oklahoma Charter Schools Act is to:
1. Improve student learning;
2. Increase learning opportunities for students;
3. Encourage the use of different and innovative teaching
methods;
4. Provide additional academic choices for parents and students;
5. Require the measurement of student learning and create
different and innovative forms of measuring student learning;
6. Establish new forms of accountability for schools; and
7. Create new professional opportunities for teachers and
administrators including the opportunity to be responsible for the
learning program at the school site.
B. The purpose of the Oklahoma Charter Schools Act is not to
provide a means by which to keep open a school that may otherwise be
closed. Applicants applying for a charter for a school which is to
be otherwise closed shall be required to prove that conversion to a
charter school fulfills the purposes of the act independent of
closing the school. Nothing in this section shall be interpreted to
preclude a school designated as a “high challenge school” from
becoming a charter school.
Added by Laws 1999, c. 320, § 6, eff. July 1, 1999.
§70-3-132. Application of act — Charter schools — Sponsorship —
Limitation on establishment of new schools — Conversion school.
A. The Oklahoma Charter Schools Act shall apply only to charter
schools formed and operated under the provisions of the act. Charter
schools shall be sponsored only as follows:
1. By any school district located in the State of Oklahoma,
provided such charter school shall only be located within the
geographical boundaries of the sponsoring district and subject to the
restrictions of Section 3-145.6 of this title;
2. By a technology center school district if the charter school
is located in a school district served by the technology center
school district in which all or part of the school district is
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located in a county having more than five hundred thousand (500,000)
population according to the latest Federal Decennial Census;
3. By a technology center school district if the charter school
is located in a school district served by the technology center
school district and the school district has a school site that has
been identified as in need of improvement by the State Board of
Education pursuant to the Elementary and Secondary Education Act of
1965, as amended or reauthorized;
4. By an accredited comprehensive or regional institution that
is a member of The Oklahoma State System of Higher Education or a
community college if the charter school is located in a school
district in which all or part of the school district is located in a
county having more than five hundred thousand (500,000) population
according to the latest Federal Decennial Census;
5. By a comprehensive or regional institution that is a member
of The Oklahoma State System of Higher Education if the charter
school is located in a school district that has a school site that
has been identified as in need of improvement by the State Board of
Education pursuant to the Elementary and Secondary Education Act of
1965, as amended or reauthorized. In addition, the institution shall
have a teacher education program accredited by the Oklahoma
Commission for Teacher Preparation and have a branch campus or
constituent agency physically located within the school district in
which the charter school is located in the State of Oklahoma;
6. By a federally recognized Indian tribe, operating a high
school under the authority of the Bureau of Indian Affairs as of
November 1, 2010, if the charter school is for the purpose of
demonstrating native language immersion instruction, and is located
within its former reservation or treaty area boundaries. For
purposes of this paragraph, native language immersion instruction
shall require that educational instruction and other activities
conducted at the school site are primarily conducted in the native
language;
7. By the State Board of Education when the applicant of the
charter school is the Office of Juvenile Affairs or the applicant has
a contract with the Office of Juvenile Affairs to provide a fixed
rate level E, D, or D+ group home service and the charter school is
for the purpose of providing education services to youth in the
custody or supervision of the state. Not more than two charter
schools shall be sponsored by the Board as provided for in this
paragraph during the period of time beginning July 1, 2010, through
July 1, 2016;
8. By a federally recognized Indian tribe only when the charter
school is located within the former reservation or treaty area
boundaries of the tribe on property held in trust by the Bureau of
Indian Affairs of the United States Department of the Interior for
the benefit of the tribe; or
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9. By the State Board of Education when the applicant has first
been denied a charter by the local school district in which it seeks
to operate. In counties with fewer than five hundred thousand
(500,000) population, according to the latest Federal Decennial
Census, the State Board of Education shall not sponsor more than five
charter schools per year each year for the first five (5) years after
the effective date of this act, with not more than one charter school
sponsored in a single school district per year. In order to
authorize a charter school under this section, the State Board of
Education shall find evidence of all of the following:
a. a thorough and high-quality charter school application
from the applicant based on the authorizing standards
in subsection B of Section 3-134 of this title,
b. a clear demonstration of community support for the
charter school, and
c. the grounds and basis of objection by the school
district for denying the operation of the charter are
not supported by the greater weight of evidence and the
strength of the application.
B. An eligible non-school-district sponsor shall give priority
to opening charter schools that serve at-risk student populations or
students from low-performing traditional public schools.
C. An eligible non-school-district sponsor shall give priority
to applicants that have demonstrated a record of operating at least
one school or similar program that demonstrates academic success and
organizational viability and serves student populations similar to
those the proposed charter school seeks to serve. In assessing the
potential for quality replication of a charter school, a sponsor
shall consider the following factors before approving a new site or
school:
1. Evidence of a strong and reliable record of academic success
based primarily on student performance data, as well as other viable
indicators, including financial and operational success;
2. A sound, detailed, and well-supported growth plan;
3. Evidence of the ability to transfer successful practices to a
potentially different context that includes reproducing critical
cultural, organizational and instructional characteristics;
4. Any management organization involved in a potential
replication is fully vetted, and the academic, financial and
operational records of the schools it operates are found to be
satisfactory;
5. Evidence the program seeking to be replicated has the
capacity to do so successfully without diminishing or putting at risk
its current operations; and
6. A financial structure that ensures that funds attributable to
each charter school within a network and required by law to be
utilized by a school remain with and are used to benefit that school.
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D. For purposes of the Oklahoma Charter Schools Act, "charter
school" means a public school established by contract with a board of
education of a school district, an area vocational-technical school
district, a higher education institution, a federally recognized
Indian tribe, or the State Board of Education pursuant to the
Oklahoma Charter Schools Act to provide learning that will improve
student achievement and as defined in the Elementary and Secondary
Education Act of 1965, 20 U.S.C. 8065.
E. 1. For the purposes of the Oklahoma Charter Schools Act,
"conversion school" means a school created by converting all or any
part of a traditional public school in order to access any or all
flexibilities afforded to a charter school.
2. Prior to the board of education of a school district
converting all or any part of a traditional public school to a
conversion school, the board shall prepare a conversion plan. The
conversion plan shall include documentation that demonstrates and
complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134 of
this title. The conversion plan and all documents shall be in
writing and shall be available to the public pursuant to the
requirements of the Oklahoma Open Records Act. All votes by the
board of education of a school district to approve a conversion plan
shall be held in an open public session. If the board of education
of a school district votes to approve a conversion plan, the board
shall notify the State Board of Education within sixty (60) days
after the vote. The notification shall include a copy of the minutes
for the board meeting at which the conversion plan was approved.
3. A conversion school shall comply with all the same
accountability measures as are required of a charter school as
defined in subsection D of this section. The provisions of Sections
3-140 and 3-142 of this title shall not apply to a conversion school.
Conversion schools shall comply with the same laws and State Board of
Education rules relating to student enrollment which apply to
traditional public schools. Conversion schools shall be funded by
the board of education of the school district as a school site within
the school district and funding shall not be affected by the
conversion of the school.
4. The board of education of a school district may vote to
revert a conversion school back to a traditional public school at any
time; provided, the change shall only occur during a break between
school years.
5. Unless otherwise provided for in this subsection, a
conversion school shall retain the characteristics of a traditional
public school.
F. A charter school may consist of a new school site, new school
sites or all or any portion of an existing school site. An entire
school district may not become a charter school site.
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Added by Laws 1999, c. 320, § 7, eff. July 1, 1999. Amended by Laws
2000, c. 232, § 5, eff. July 1, 2000; Laws 2001, c. 33, § 67, eff.
July 1, 2001; Laws 2007, c. 257, § 1; Laws 2010, c. 290, § 1, eff.
Nov. 1, 2010; Laws 2011, c. 1, § 34, emerg. eff. March 18, 2011; Laws
2011, c. 367, § 1; Laws 2012, c. 367, § 1, eff. July 1, 2012; Laws
2013, c. 83, § 3, eff. July 1, 2013; Laws 2013, c. 212, § 1, eff.
Sept. 1, 2013; Laws 2015, c. 170, § 1; Laws 2016, c. 27, § 1, eff.
July 1, 2016; Laws 2016, c. 210, § 41, emerg. eff. April 26, 2016;
Laws 2017, c. 42, § 29.
NOTE: Laws 2010, c. 288, § 1 repealed by Laws 2011, c. 1, § 35,
emerg. eff. March 18, 2011. Laws 2015, c. 205, § 1 repealed by Laws
2016, c. 210, § 42, emerg. eff. April 26, 2016.
§70-3-133. Repealed by Laws 2007, c. 257, § 5.
§70-3-134. Applications – Presubmission training – Contents -
Procedures.
A. For written applications filed after January 1, 2008, prior
to submission of the application to a proposed sponsor seeking to
establish a charter school, the applicant shall be required to
complete training which shall not exceed ten (10) hours provided by
the State Department of Education on the process and requirements for
establishing a charter school. The Department shall develop and
implement the training by January 1, 2008. The Department may
provide the training in any format and manner that the Department
determines to be efficient and effective including, but not limited
to, web-based training.
B. Except as otherwise provided for in Section 3-137 of this
title, an applicant seeking to establish a charter school shall
submit a written application to the proposed sponsor as prescribed in
subsection E of this section. The application shall include:
1. A mission statement for the charter school;
2. A description including, but not limited to, background
information of the organizational structure and the governing body of
the charter school;
3. A financial plan for the first five (5) years of operation
of the charter school and a description of the treasurer or other
officers or persons who shall have primary responsibility for the
finances of the charter school. Such person shall have demonstrated
experience in school finance or the equivalent thereof;
4. A description of the hiring policy of the charter school;
5. The name of the applicant or applicants and requested
sponsor;
6. A description of the facility and location of the charter
school;
7. A description of the grades being served;
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8. An outline of criteria designed to measure the effectiveness
of the charter school;
9. A demonstration of support for the charter school from
residents of the school district which may include but is not limited
to a survey of the school district residents or a petition signed by
residents of the school district;
10. Documentation that the applicants completed charter school
training as set forth in subsection A of this section;
11. A description of the minimum and maximum enrollment planned
per year for each term of the charter contract;
12. The proposed calendar for the charter school and sample
daily schedule;
13. Unless otherwise authorized by law or regulation, a
description of the academic program aligned with state standards;
14. A description of the instructional design of the charter
school, including the type of learning environment, class size and
structure, curriculum overview and teaching methods;
15. The plan for using internal and external assessments to
measure and report student progress on the performance framework
developed by the applicant in accordance with subsection C of Section
3-135 of this title;
16. The plans for identifying and successfully serving students
with disabilities, students who are English language learners and
students who are academically behind;
17. A description of cocurricular or extracurricular programs
and how they will be funded and delivered;
18. Plans and time lines for student recruitment and enrollment,
including lottery procedures;
19. The student discipline policies for the charter school,
including those for special education students;
20. An organizational chart that clearly presents the
organizational structure of the charter school, including lines of
authority and reporting between the governing board, staff, any
related bodies such as advisory bodies or parent and teacher councils
and any external organizations that will play a role in managing the
school;
21. A clear description of the roles and responsibilities for
the governing board, the leadership and management team for the
charter school and any other entities shown in the organizational
chart;
22. The leadership and teacher employment policies for the
charter school;
23. Proposed governing bylaws;
24. Explanations of any partnerships or contractual partnerships
central to the operations or mission of the charter school;
25. The plans for providing transportation, food service and all
other significant operational or ancillary services;
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26. Opportunities and expectations for parental involvement;
27. A detailed school start-up plan that identifies tasks, time
lines and responsible individuals;
28. A description of the financial plan and policies for the
charter school, including financial controls and audit requirements;
29. A description of the insurance coverage the charter school
will obtain;
30. Start-up and five-year budgets with clearly stated
assumptions;
31. Start-up and first-year cash-flow projections with clearly
stated assumptions;
32. Evidence of anticipated fundraising contributions, if
claimed in the application;
33. A sound facilities plan, including backup or contingency
plans if appropriate;
34. A requirement that the charter school governing board meet
at a minimum quarterly in the state and that for those charter
schools outside of counties with a population of five hundred
thousand (500,000) or more, that a majority of members are residents
within the geographic boundary of the sponsoring entity; and
35. A requirement that the charter school follow the
requirements of the Oklahoma Open Meeting Act and Oklahoma Open
Records Act.
C. A board of education of a public school district, public
body, public or private college or university, private person, or
private organization may contract with a sponsor to establish a
charter school. A private school shall not be eligible to contract
for a charter school under the provisions of the Oklahoma Charter
Schools Act.
D. The sponsor of a charter school is the board of education of
a school district, the board of education of a technology center
school district, a higher education institution, the State Board of
Education, or a federally recognized Indian tribe which meets the
criteria established in Section 3-132 of this title. Any board of
education of a school district in the state may sponsor one or more
charter schools. The physical location of a charter school sponsored
by a board of education of a school district or a technology center
school district shall be within the boundaries of the sponsoring
school district. The physical location of a charter school sponsored
by the State Board of Education when the applicant of the charter
school is the Office of Juvenile Affairs shall be where an Office of
Juvenile Affairs facility for youth is located. The physical
location of a charter school otherwise sponsored by the State Board
of Education pursuant to paragraph 8 of subsection A of Section 3-132
of this title shall be in the school district in which the
application originated.
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E. An applicant for a charter school may submit an application
to a proposed sponsor which shall either accept or reject sponsorship
of the charter school within ninety (90) days of receipt of the
application. If the proposed sponsor rejects the application, it
shall notify the applicant in writing of the reasons for the
rejection. The applicant may submit a revised application for
reconsideration to the proposed sponsor within thirty (30) days after
receiving notification of the rejection. The proposed sponsor shall
accept or reject the revised application within thirty (30) days of
its receipt. Should the sponsor reject the application on
reconsideration, the applicant may appeal the decision to the State
Board of Education with the revised application for review pursuant
to paragraph 8 of subsection A of Section 3-132 of this title. The
State Board of Education shall hear the appeal no later than sixty
(60) days from the date received by the Board.
F. A board of education of a school district, board of education
of a technology center school district, higher education institution,
or federally recognized Indian tribe sponsor of a charter school
shall notify the State Board of Education when it accepts sponsorship
of a charter school. The notification shall include a copy of the
charter of the charter school.
G. Applicants for charter schools proposed to be sponsored by
an entity other than a school district pursuant to paragraph 1 of
subsection A of Section 3-132 of this title may, upon rejection of
the revised application, proceed to binding arbitration under the
commercial rules of the American Arbitration Association with costs
of the arbitration to be borne by the proposed sponsor. Applicants
for charter schools proposed to be sponsored by school districts
pursuant to paragraph 1 of subsection A of Section 3-132 of this
title may not proceed to binding arbitration but may be sponsored by
the State Board of Education as provided in paragraph 8 of subsection
A of Section 3-132 of this title.
H. If a board of education of a technology center school
district, a higher education institution, the State Board of
Education, or a federally recognized Indian tribe accepts sponsorship
of a charter school, the administrative, fiscal and oversight
responsibilities of the technology center school district, the higher
education institution, or the federally recognized Indian tribe shall
be listed in the contract. No responsibilities shall be delegated to
a school district unless the local school district agrees to assume
the responsibilities.
I. A sponsor of a public charter school shall have the following
powers and duties:
1. Provide oversight of the operations of charter schools in the
state through annual performance reviews of charter schools and
reauthorization of charter schools for which it is a sponsor;
2. Solicit and evaluate charter applications;
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3. Approve quality charter applications that meet identified
educational needs and promote a diversity of educational choices;
4. Decline to approve weak or inadequate charter applications;
5. Negotiate and execute sound charter contracts with each
approved public charter school;
6. Monitor, in accordance with charter contract terms, the
performance and legal compliance of charter schools; and
7. Determine whether each charter contract merits renewal,
nonrenewal or revocation.
J. Sponsors shall establish a procedure for accepting, approving
and disapproving charter school applications in accordance with
subsection E of this section.
K. Sponsors shall be required to develop and maintain chartering
policies and practices consistent with recognized principles and
standards for quality charter authorizing as established by the State
Department of Education in all major areas of authorizing
responsibility, including organizational capacity and infrastructure,
soliciting and evaluating charter applications, performance
contracting, ongoing charter school oversight and evaluation and
charter renewal decision-making.
L. Sponsors acting in their official capacity shall be immune
from civil and criminal liability with respect to all activities
related to a charter school with which they contract.
Added by Laws 1999, c. 320, § 9, eff. July 1, 1999. Amended by Laws
2001, c. 33, § 69, eff. July 1, 2001; Laws 2007, c. 257, § 2; Laws
2010, c. 288, § 2, eff. Nov. 1, 2010; Laws 2011, c. 1, § 36, emerg.
eff. March 18, 2011; Laws 2011, c. 367, § 2; Laws 2015, c. 170, § 2.
NOTE: Laws 2010, c. 290, § 2 repealed by Laws 2011, c. 1, § 37,
emerg. eff. March 18, 2011.
§70-3-135. Sponsor to contract with governing board – Contents of
contract.
A. The sponsor of a charter school shall enter into a written
contract with the governing body of the charter school. The contract
shall incorporate the provisions of the charter of the charter school
and contain, but shall not be limited to, the following provisions:
1. A description of the program to be offered by the school
which complies with the purposes outlined in Section 3-136 of this
title;
2. Admission policies and procedures;
3. Management and administration of the charter school,
including that a majority of the charter governing board members are
residents of the State of Oklahoma and meet no less than quarterly in
a public meeting within the boundaries of the school district in
which the charter school is located or within the State of Oklahoma
in the instance of multiple charter school locations by the same
sponsor;
*+,-11'121#+,, .;
4. Requirements and procedures for program and financial audits;
5. A description of how the charter school will comply with the
charter requirements set forth in the Oklahoma Charter Schools Act;
6. Assumption of liability by the charter school;
7. The term of the contract;
8. A description of the high standards of expectation and rigor
for charter school plans and assurance that charter school plans
adopted meet at least those standards;
9. Policies that require that the charter school be as equally
free and open to all students as traditional public schools;
10. Procedures that require students enrolled in the charter
school to be selected by lottery to ensure fairness if more students
apply than a school has the capacity to accommodate;
11. Policies that require the charter school to be subject to
the same academic standards and expectations as existing public
schools; and
12. A description of the requirements and procedures for the
charter school to receive funding in accordance with statutory
requirements and guidelines for existing public schools.
B. A charter school shall not enter into an employment contract
with any teacher or other personnel until the charter school has a
contract with a sponsoring school district. The employment contract
shall set forth the personnel policies of the charter school,
including, but not limited to, policies related to certification,
professional development evaluation, suspension, dismissal and
nonreemployment, sick leave, personal business leave, emergency
leave, and family and medical leave. The contract shall also
specifically set forth the salary, hours, fringe benefits, and work
conditions. The contract may provide for employer-employee
bargaining, but the charter school shall not be required to comply
with the provisions of Sections 509.1 through 509.10 of this title.
The contract shall conform to all applicable provisions set forth in
Section 3-136 of this title.
Upon contracting with any teacher or other personnel, the
governing body of the charter school shall, in writing, disclose
employment rights of the employees in the event the charter school
closes or the charter is not renewed.
No charter school may begin serving students without a charter
contract executed in accordance with the provisions of the Oklahoma
Charter Schools Act and approved in an open meeting of the sponsor.
The sponsor may establish reasonable preopening requirements or
conditions to monitor the start-up progress of newly approved
charter schools and ensure that each school is prepared to open
smoothly on the date agreed and to ensure that each school meets all
building, health, safety, insurance and other legal requirements for
the opening of a school.
*+,-11'121#+,, .;
C. The performance provisions within the charter contract shall
be based on a performance framework that clearly sets forth the
academic and operational performance indicators, measures and metrics
that will guide the evaluations of the charter school by the sponsor.
The sponsor shall require a charter school to submit the data
required in this section in the identical format that is required by
the State Department of Education of all public schools in order to
avoid duplicative administrative efforts or allow a charter school to
provide permission to the Department to share all required data with
the sponsor of the charter school. The performance framework shall
include indicators, measures and metrics for, at a minimum:
1. Student academic proficiency;
2. Student academic growth;
3. Achievement gaps in both proficiency and growth between major
student subgroups;
4. Student attendance;
5. Recurrent enrollment from year to year as determined by the
methodology used for public schools in Oklahoma;
6. In the case of high schools, graduation rates as determined
by the methodology used for public schools in Oklahoma;
7. In the case of high schools, postsecondary readiness;
8. Financial performance and sustainability; and
9. Governing board performance and stewardship, including
compliance with all applicable laws, regulations and terms of the
charter contract.
D. The sponsor shall not request any metric or data from a
charter school that it does not produce or publish for all school
sites in the district or under its sponsorship, unless the metric or
data is unique to a charter school.
Added by Laws 1999, c. 320, § 10, eff. July 1, 1999. Amended by Laws
2015, c. 170, § 3.
§70-3-136. Rules and standards to be incorporated into charter.
A. A charter school shall adopt a charter which will ensure
compliance with the following:
1. A charter school shall comply with all federal regulations
and state and local rules and statutes relating to health, safety,
civil rights and insurance. By January 1, 2000, the State Department
*+,-11'121#+,, .;$
of Education shall prepare a list of relevant rules and statutes
which a charter school must comply with as required by this paragraph
and shall annually provide an update to the list;
2. A charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations.
A sponsor may not authorize a charter school or program that is
affiliated with a nonpublic sectarian school or religious
institution;
3. The charter school may provide a comprehensive program of
instruction for a prekindergarten program, a kindergarten program or
any grade between grades one and twelve. Instruction may be provided
to all persons between the ages of four (4) and twenty-one (21)
years. A charter school may offer a curriculum which emphasizes a
specific learning philosophy or style or certain subject areas such
as mathematics, science, fine arts, performance arts, or foreign
language. The charter of a charter school which offers grades nine
through twelve shall specifically address whether the charter school
will comply with the graduation requirements established in Section
11-103.6 of this title. No charter school shall be chartered for the
purpose of offering a curriculum for deaf or blind students that is
the same or similar to the curriculum being provided by or for
educating deaf or blind students that are being served by the
Oklahoma School for the Blind or the Oklahoma School for the Deaf;
4. A charter school shall participate in the testing as required
by the Oklahoma School Testing Program Act and the reporting of test
results as is required of a school district. A charter school shall
also provide any necessary data to the Office of Accountability;
5. Except as provided for in the Oklahoma Charter Schools Act
and its charter, a charter school shall be exempt from all statutes
and rules relating to schools, boards of education, and school
districts;
6. A charter school, to the extent possible, shall be subject to
the same reporting requirements, financial audits, audit procedures,
and audit requirements as a school district. The State Department of
Education or State Auditor and Inspector may conduct financial,
program, or compliance audits. A charter school shall use the
Oklahoma Cost Accounting System to report financial transactions to
the sponsoring school district;
7. A charter school shall comply with all federal and state laws
relating to the education of children with disabilities in the same
manner as a school district;
8. A charter school shall provide for a governing body for the
school which shall be responsible for the policies and operational
decisions of the charter school;
9. A charter school shall not be used as a method of generating
revenue for students who are being home schooled and are not being
educated at an organized charter school site;
*+,-11'121#+,, .;(
10. A charter school may not charge tuition or fees;
11. A charter school shall provide instruction each year for at
least the number of days required in Section 1-109 of this title;
12. A charter school shall comply with the student suspension
requirements provided for in Section 24-101.3 of this title;
13. A charter school shall be considered a school district for
purposes of tort liability under The Governmental Tort Claims Act;
14. Employees of a charter school may participate as members of
the Teachers' Retirement System of Oklahoma in accordance with
applicable statutes and rules if otherwise allowed pursuant to law;
15. A charter school may participate in all health and related
insurance programs available to the employees of the sponsor of the
charter school;
16. A charter school shall comply with the Oklahoma Open Meeting
Act and the Oklahoma Open Records Act;
17. The governing body of a charter school shall be subject to
the same conflict of interest requirements as a member of a local
school board; and
18. No later than September 1 each year, the governing board of
each charter school formed pursuant to the Oklahoma Charter Schools
Act shall prepare a statement of actual income and expenditures for
the charter school for the fiscal year that ended on the preceding
June 30, in a manner compliant with Section 5-135 of this title. The
statement of expenditures shall include functional categories as
defined in rules adopted by the State Board of Education to implement
the Oklahoma Cost Accounting System pursuant to Section 5-145 of this
title. Charter schools shall not be permitted to submit estimates of
expenditures or prorated amounts to fulfill the requirements of this
paragraph.
B. The charter of a charter school shall include a description
of the personnel policies, personnel qualifications, and method of
school governance, and the specific role and duties of the sponsor of
the charter school.
C. The charter of a charter school may be amended at the request
of the governing body of the charter school and upon the approval of
the sponsor.
D. A charter school may enter into contracts and sue and be
sued.
E. The governing body of a charter school may not levy taxes or
issue bonds.
F. The charter of a charter school shall include a provision
specifying the method or methods to be employed for disposing of real
and personal property acquired by the charter school upon expiration
or termination of the charter or failure of the charter school to
continue operations. Except as otherwise provided, any real or
personal property purchased with state or local funds shall be
retained by the sponsoring school district. If a charter school that
*+,-11'121#+,, .;
was previously sponsored by the board of education of a school
district continues operation within the school district under a new
charter sponsored by an entity authorized pursuant to Section 3-132
of this title, the charter school may retain any personal property
purchased with state or local funds for use in the operation of the
charter school until termination of the new charter or failure of the
charter school to continue operations.
Added by Laws 1999, c. 320, § 11, eff. July 1, 1999. Amended by Laws
2000, c. 232, § 7, eff. July 1, 2000; Laws 2008, c. 439, § 1, eff.
July 1, 2008; Laws 2014, c. 277, § 1, eff. July 1, 2014.
§70-3-137. Duration of contract--Performance report--Renewal--
Termination--School closure.
A. An approved contract for a charter school shall be effective
for five (5) years from the first day of operation. A charter
contract may be renewed for successive five-year terms of duration,
although the sponsor may vary the term based on the performance,
demonstrated capacities and particular circumstances of each charter
school. A sponsor may grant renewal with specific conditions for
necessary improvements to a charter school.
B. Prior to the beginning of the fourth year of operation of a
charter school, the sponsor shall issue a charter school performance
report and charter renewal application guidance to the school and the
charter school board. The performance report shall summarize the
performance record to date of the charter school, based on the data
required by the Oklahoma Charter Schools Act and the charter contract
and taking into consideration the percentage of at-risk students
enrolled in the school, and shall provide notice of any weaknesses or
concerns perceived by the sponsor concerning the charter school that
may jeopardize its position in seeking renewal if not timely
rectified. The charter school shall have forty-five (45) days to
respond to the performance report and submit any corrections or
clarifications for the report.
C. 1. Prior to the beginning of the fifth year of operation,
the charter school may apply for renewal of the contract with the
sponsor. The renewal application guidance shall, at a minimum,
provide an opportunity for the charter school to:
a. present additional evidence, beyond the data contained
in the performance report, supporting its case for
charter renewal,
b. describe improvements undertaken or planned for the
school, and
c. detail the plan for the next charter term for the
school.
2. The renewal application guidance shall include or refer
explicitly to the criteria that will guide the renewal decisions of
the sponsor, which shall be based on the performance framework set
*+,-11'121#+,, .;)
forth in the charter contract and consistent with the Oklahoma
Charter Schools Act.
D. The sponsor may deny the request for renewal if it determines
the charter school has failed to complete the obligations of the
contract or comply with the provisions of the Oklahoma Charter
Schools Act. A sponsor shall give written notice of its intent to
deny the request for renewal at least eight (8) months prior to
expiration of the contract. In making charter renewal decisions, a
sponsor shall:
1. Ground decisions on evidence of the performance of the school
over the term of the charter contract in accordance with the
performance framework set forth in the charter contract and shall
take into consideration the percentage of at-risk students enrolled
in the school;
2. Grant renewal to schools that have achieved the standards,
targets and performance expectations as stated in the charter
contract and are organizationally and fiscally viable and have been
faithful to the terms of the contract and applicable law;
3. Ensure that data used in making renewal decisions are
available to the school and the public; and
4. Provide a public report summarizing the evidence used as the
basis for each decision.
E. If a sponsor denies a request for renewal, the governing
board of the sponsor may, if requested by the charter school, proceed
to binding arbitration as provided for in subsection G of Section 3-
134 of this title.
F. A sponsor may terminate a contract during the term of the
contract for failure to meet the requirements for student performance
contained in the contract, failure to meet the standards of fiscal
management, violations of the law or other good cause. The sponsor
shall give at least ninety (90) days' written notice to the governing
board prior to terminating the contract. The governing board may
request, in writing, an informal hearing before the sponsor within
fourteen (14) days of receiving notice. The sponsor shall conduct an
informal hearing before taking action. If a sponsor decides to
terminate a contract, the governing board may, if requested by the
charter school, proceed to binding arbitration as provided for in
subsection G of Section 3-134 of this title.
G. 1. Beginning in the 2016-2017 school year, the State Board
of Education shall identify charter schools in the state that are
ranked in the bottom five percent (5%) of all public schools as
determined pursuant to Section 1210.545 of this title.
2. At the time of its charter renewal, based on an average of
the current year and the two (2) prior operating years, a sponsor may
close a charter school site identified as being among the bottom five
percent (5%) of public schools in the state. The average of the
current year and two (2) prior operating years shall be calculated by
*+,-11'121#+,, .;!
using the percentage ranking for each year divided by three, as
determined by this subsection.
3. If there is a change to the calculation described in Section
1210.545 of this title that results in a charter school site that was
not ranked in the bottom five percent (5%) being ranked in the bottom
five percent (5%), then the sponsor shall use the higher of the two
rankings to calculate the ranking of the charter school site.
4. In the event that a sponsor fails to close a charter school
site consistent with this subsection, the sponsor shall appear before
the State Board of Education to provide support for its decision.
The State Board of Education may, by majority vote, uphold or
overturn the decision of the sponsor. If the decision of the sponsor
is overturned by the State Board of Education, the Board may
implement one of the following actions:
a. transfer the sponsorship of the charter school
identified in this paragraph to another sponsor,
b. order the closure of the charter school identified in
this paragraph at the end of the current school year,
or
c. order the reduction of any administrative fee collected
by the sponsor that is applicable to the charter school
identified in this paragraph. The reduction shall
become effective at the beginning of the month
following the month the hearing of the sponsor is held
by the State Board of Education.
5. A charter school that is closed by the State Board of
Education pursuant to paragraph 4 of this subsection shall not be
granted a charter by any other sponsor.
6. The requirements of this subsection shall not apply to a
charter school that has been designated by the State Department of
Education as implementing an alternative education program throughout
the charter school.
7. In making a school site closure decision, the State Board of
Education shall consider the following:
a. enrollment of students with special challenges such as
drug or alcohol addiction, prior withdrawal from
school, prior incarceration or other special
circumstances,
b. high mobility of the student population resulting from
the specific purpose of the charter school,
c. annual improvement in the performance of students
enrolled in the charter school compared with the
performance of students enrolled in the charter school
in the immediately preceding school year, and
d. whether a majority of students attending the charter
school under consideration for closure would likely
revert to attending public schools with lower academic
*+,-11'121#+,, .;
achievement, as demonstrated pursuant to Section
1210.545 of this title.
8. If the State Board of Education has closed or transferred
authorization of at least twenty-five percent (25%) of the charter
schools chartered by one sponsor pursuant to paragraph 4 of this
subsection, the authority of the sponsor to authorize new charter
schools may be suspended by the Board until the Board approves the
sponsor to authorize new charter schools. A determination under this
paragraph to suspend the authority of a sponsor to authorize new
charter schools shall identify the deficiencies that, if corrected,
will result in the approval of the sponsor to authorize new charter
schools.
H. If a sponsor terminates a contract or the charter school is
closed, the closure shall be conducted in accordance with the
following protocol:
1. Within two (2) calendar weeks of a final closure
determination, the sponsor shall meet with the governing board and
leadership of the charter school to establish a transition team
composed of school staff, applicant staff and others designated by
the applicant that will attend to the closure, including the transfer
of students, student records and school funds;
2. The sponsor and transition team shall communicate regularly
and effectively with families of students enrolled in the charter
school, as well as with school staff and other stakeholders, to keep
them apprised of key information regarding the closure of the school
and their options and risks;
3. The sponsor and transition team shall ensure that current
instruction of students enrolled in the charter school continues per
the charter agreement for the remainder of the school year;
4. The sponsor and transition team shall ensure that all
necessary and prudent notifications are issued to agencies,
employees, insurers, contractors, creditors, debtors and management
organizations; and
5. The governing board of the charter school shall continue to
meet as necessary to take actions needed to wind down school
operations, manage school finances, allocate resources and facilitate
all aspects of closure.
I. A sponsor shall develop revocation and nonrenewal processes
that are consistent with the Oklahoma Charter Schools Act and that:
1. Provide the charter school with a timely notification of the
prospect of revocation or nonrenewal and of the reasons for possible
closure;
2. Allow the charter school a reasonable amount of time in which
to prepare a response;
3. Provide the charter school with an opportunity to submit
documents and give testimony in a public hearing challenging the
rationale for closure and in support of the continuation of the
*+,-11'121#+,, .;"
school at an orderly proceeding held for that purpose and prior to
taking any final nonrenewal or revocation decision related to the
school;
4. Allow the charter school access to representation by counsel
to call witnesses on its behalf;
5. Permit the recording of the proceedings; and
6. After a reasonable period for deliberation, require a final
determination be made and conveyed in writing to the charter school.
J. If a sponsor revokes or does not renew a charter, the sponsor
shall clearly state in a resolution the reasons for the revocation or
nonrenewal.
K. 1. Before a sponsor may issue a charter to a charter school
governing body that has had its charter terminated or has been
informed that its charter will not be renewed by the current sponsor,
the sponsor shall request to have the proposal reviewed by the State
Board of Education at a hearing. The State Board of Education shall
conduct a hearing in which the sponsor shall present information
indicating that the proposal of the organizer is substantively
different in the areas of deficiency identified by the current
sponsor from the current proposal as set forth within the charter
with its current sponsor.
2. After the State Board of Education conducts a hearing
pursuant to this subsection, the Board shall either approve or deny
the proposal.
3. If the proposal is denied, no sponsor may issue a charter to
the charter school governing body.
L. If a contract is not renewed, the governing board of the
charter school may submit an application to a proposed new sponsor as
provided for in Section 3-134 of this title.
M. If a contract is not renewed or is terminated according to
this section, a student who attended the charter school may enroll in
the resident school district of the student or may apply for a
transfer in accordance with Section 8-103 of this title.
Added by Laws 1999, c. 320, § 12, eff. July 1, 1999. Amended by Laws
2003, c. 434, § 6; Laws 2004, c. 472, § 1, emerg. eff. June 7, 2004;
Laws 2007, c. 257, § 3; Laws 2015, c. 170, § 4; Laws 2016, c. 42, §
1, eff. July 1, 2016.
§70-3-138. Reprisal against school employee seeking to establish
charter school.
A board of education of a school district or an employee of the
district who has control over personnel actions shall not take
unlawful reprisal action against an employee of the school district
for the reason that the employee is directly or indirectly involved
in an application to establish a charter school. As used in this
section, “unlawful reprisal” means an action that is taken by a board
of education or a school district employee as a direct result of a
*+,-11'121#+,, .;
lawful application to establish a charter school and that is adverse
to an employee or an education program.
Added by Laws 1999, c. 320, § 13, eff. July 1, 1999.
§70-3-139. Status of teacher returning to public school from charter
school.
A. A sponsoring school district shall determine whether a
teacher who is employed by or teaching at a charter school and who
was previously employed as a teacher at the sponsoring public school
district shall not lose any right of salary status or any other
benefit provided by law due to teaching at a charter school upon
returning to the sponsoring public school district to teach.
B. A teacher who is employed by or teaching at a charter school
and who submits an employment application to the school district
where the teacher was employed immediately before employment by or at
a charter school shall be given employment preference by the school
district if:
1. The teacher submits an employment application to the school
district no later than three (3) years after ceasing employment with
the school district; and
2. A suitable position is available at the school district.
Added by Laws 1999, c. 320, § 14, eff. July 1, 1999.
§70-3-140. Student eligibility – Districts – Preferences -
Discrimination.
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B. Except for a charter school sponsored by the State Board of
Education, a charter school shall admit students who reside in the
attendance area of a school or in a school district that is under a
court order of desegregation or that is a party to an agreement with
the United States Department of Education Office for Civil Rights
directed towards mediating alleged or proven racial discrimination
*+,-11'121#+,, .;"
unless notice is received from the resident school district that
admission of the student would violate the court order or agreement.
C. A charter school may designate a specific geographic area
within the school district in which the charter school is located as
an academic enterprise zone and may limit admissions to students who
reside within that area. An academic enterprise zone shall be a
geographic area in which sixty percent (60%) or more of the children
who reside in the area qualify for the free or reduced school lunch
program.
D. Except as provided in subsections B and C of this section, a
charter school shall not limit admission based on ethnicity, national
origin, gender, income level, disabling condition, proficiency in the
English language, measures of achievement, aptitude, or athletic
ability.
E. A sponsor of a charter school shall not restrict the number
of students a charter school may enroll. The capacity of the charter
school shall be determined annually by the governing board of the
charter school based on the ability of the charter school to
facilitate the academic success of the students, to achieve the other
objectives specified in the charter contract and to ensure that the
student enrollment does not exceed the capacity of its facility or
site.
Added by Laws 1999, c. 320, § 15, eff. July 1, 1999. Amended by Laws
2010, c. 288, § 3, eff. Nov. 1, 2010; Laws 2011, c. 185, § 1; Laws
2011, c. 367, § 3; Laws 2012, c. 367, § 2, eff. July 1, 2012; Laws
2013, c. 83, § 4, eff. July 1, 2013; Laws 2013, c. 212, § 2, eff.
Sept. 1, 2013; Laws 2015, c. 170, § 5.
NOTE: Laws 2010, c. 290, § 3 repealed by Laws 2011, c. 1, § 38,
emerg. eff. March 18, 2011.
§70-3-141. Transportation.
A. Transportation shall be provided by the charter school in
accordance with Sections 9-101 through 9-118 of Title 70 of the
Oklahoma Statutes and only within the transportation boundaries of
the school district in which the charter school is located.
B. A charter school shall provide the parent or guardian
information regarding transportation at the time the student enrolls
in the charter school.
Added by Laws 1999, c. 320, § 16, eff. July 1, 1999.
§70-3-142. Funding.
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B. 1. The weighted average daily membership for the first year
of operation of a charter school shall be determined initially by
multiplying the actual enrollment of students as of August 1 by
1.333. The charter school shall receive revenue equal to that which
would be generated by the estimated weighted average daily membership
calculated pursuant to this paragraph. At midyear, the allocation
*+,-11'121#+,, .;"(
for the charter school shall be adjusted using the first quarter
weighted average daily membership for the charter school calculated
pursuant to subsection A of this section.
2. For the purpose of calculating weighted average daily
membership pursuant to Section 18-201.1 of this title and State Aid
pursuant to Section 18-200.1 of this title, the weighted average
daily membership for the first year of operation and each year
thereafter of a full-time virtual charter school shall be determined
by multiplying the actual enrollment of students as of August 1 by
1.333. The full-time virtual charter school shall receive revenue
equal to that which would be generated by the estimated weighted
average daily membership calculated pursuant to this paragraph. At
midyear, the allocation for the full-time virtual charter school
shall be adjusted using the first quarter weighted average daily
membership for the virtual charter school calculated pursuant to
subsection A of this section.
C. A charter school shall be eligible to receive any other aid,
grants or revenues allowed to other schools. A charter school
sponsored by the board of education of a technology center school
district, a higher education institution, the State Board of
Education, or a federally recognized Indian tribe shall be considered
a local education agency for purposes of funding. A charter school
sponsored by a board of education of a school district shall be
considered a local education agency for purposes of federal funding.
D. A charter school, in addition to the money received from the
state, may receive money from any other source. Any unexpended funds
may be reserved and used for future purposes. The governing body of
a charter school shall not levy taxes or issue bonds. If otherwise
allowed by law, the governing body of a charter school may enter into
private contracts for the purposes of borrowing money from lenders.
If the governing body of the charter school borrows money, the
charter school shall be solely responsible for repaying the debt, and
the state or the sponsor shall not in any way be responsible or
obligated to repay the debt.
E. Any charter school which chooses to lease property shall be
eligible to receive current government lease rates.
Added by Laws 1999, c. 320, § 17, eff. July 1, 1999. Amended by Laws
2004, c. 472, § 2, emerg. eff. June 7, 2004; Laws 2006, c. 278, § 1,
eff. July 1, 2006; Laws 2007, c. 257, § 4; Laws 2010, c. 204, § 1;
Laws 2010, c. 288, § 4, eff. Nov. 1, 2010; Laws 2011, c. 1, § 39,
emerg. eff. March 18, 2011; Laws 2011, c. 184, § 1; Laws 2013, c.
212, § 3, eff. Sept. 1, 2013; Laws 2015, c. 170, § 6.
NOTE: Laws 2010, c. 290, § 4 repealed by Laws 2011, c. 1, § 40,
emerg. eff. March 18, 2011.
§70-3-143. Reports.
*+,-11'121#+,, .;"
The State Board of Education shall issue an annual report to the
Legislature and the Governor outlining the status of charter schools
in the state. Each charter school shall annually file a report with
the Office of Accountability. The report shall include such
information as requested by the Office of Accountability, including
but not limited to information on enrollment, testing, curriculum,
finances and employees.
Added by Laws 1999, c. 320, § 18, eff. July 1, 1999.
§70-3-144. Charter Schools Incentive Fund.
A. There is hereby created in the State Treasury a fund to be
designated the “Charter Schools Incentive Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies appropriated by the Legislature, gifts, grants,
devises and donations from any public or private source. The State
Department of Education shall administer the fund for the purpose of
providing financial support to charter school applicants and charter
schools for start-up costs and costs associated with renovating or
remodeling existing buildings and structures for use by a charter
school. The State Department of Education is authorized to allocate
funds on a per-pupil basis for purposes of providing matching funds
for the federal State Charter School Facilities Incentive Grants
Program created pursuant to the No Child Left Behind Act, 20 USCA,
Section 7221d.
B. The State Board of Education shall adopt rules to implement
the provisions of this section, including application and
notification requirements.
Added by Laws 1999, c. 351, § 16, emerg. eff. June 8, 1999. Amended
by Laws 2004, c. 472, § 3, emerg. eff. June 7, 2004.
§70-3-145.1. Statewide Virtual Charter School Board.
A. There is hereby created the Statewide Virtual Charter School
Board. The Board shall have the sole authority to authorize and
sponsor statewide virtual charter schools in this state. The Board
shall be composed of five (5) voting members as follows:
1. One member appointed by the Governor, who shall be a resident
and elector of the Fifth Congressional District;
2. Two members appointed by the President Pro Tempore of the
Senate, one of whom shall be a resident and elector of the First
Congressional District and one of whom shall be a resident and
elector of the Third Congressional District;
3. Two members appointed by the Speaker of the House of
Representatives, one of whom shall be a resident and elector of the
Second Congressional District and one of whom shall be a resident and
elector of the Fourth Congressional District; and
*+,-11'121#+,, .;")
4. The State Superintendent of Public Instruction and the
Secretary of Education or their designees shall serve as ex officio
nonvoting members, and shall not be counted toward a quorum.
B. Initial appointments shall be made by August 1, 2012. The
President Pro Tempore of the Senate and the Speaker of the House of
Representatives shall each appoint one member for one (1) year and
one member for three (3) years. The Governor shall appoint one
member for two (2) years. Members shall serve until their successors
are duly appointed for a term of three (3) years. Appointments shall
be made by and take effect on November 1 of the year in which the
appointment is made. Annually by December 30 the Board shall elect
from its membership a chair and vice-chair.
C. A member may be removed from the Board by the appointing
authority for cause which shall include, but not be limited to:
1. Being found guilty by a court of competent jurisdiction of a
felony or any offense involving moral turpitude;
2. Being found guilty of malfeasance, misfeasance or nonfeasance
in relation to Board duties;
3. Being found mentally incompetent by a court of competent
jurisdiction; or
4. Failing to attend three successive meetings of the Board
without just cause, as determined by the Board.
D. Vacancies shall be filled by the appointing authority.
E. No member of the Senate or House of Representatives may be
appointed to the Board while serving as a member of the Legislature,
or for two (2) full years following the expiration of the term of
office.
F. The State Department of Education shall provide staff support
to the Board until December 31, 2014, and thereafter the Department
shall provide office space for the operation of the Board.
Added by Laws 2012, c. 367, § 3, eff. July 1, 2012. Amended by Laws
2013, c. 212, § 4, eff. Sept. 1, 2013.
§70-3-145.2. Meetings - Reimbursement.
A. The Statewide Virtual Charter School Board shall meet at the
call of the chair. The first meeting of the Board shall be held no
later than sixty (60) days after the effective date of this act.
B. Three members of the Board shall constitute a quorum and an
affirmative vote of at least three members shall be required in order
for the Board to take any final action.
C. Members of the Board shall receive necessary traveling
expenses while in the performance of their duties in accordance with
the State Travel Reimbursement Act. Members shall receive
reimbursement from the State Department of Education.
Added by Laws 2012, c. 367, § 4, eff. July 1, 2012.
§70-3-145.3. Powers and duties.
*+,-11'121#+,, .;"!
A. Subject to the requirements of the Oklahoma Charter Schools
Act, the Statewide Virtual Charter School Board shall:
1. Provide oversight of the operations of statewide virtual
charter schools in this state;
2. Establish a procedure for accepting, approving and
disapproving statewide virtual charter school applications and a
process for renewal or revocation of approved charter school
contracts which minimally meet the procedures set forth in the
Oklahoma Charter Schools Act;
3. Make publicly available a list of supplemental online courses
which have been reviewed and certified by the Statewide Virtual
Charter School Board to ensure that the courses are high quality
options and are aligned with the subject matter standards adopted by
the State Board of Education pursuant to Section 11-103.6 of this
title. The Statewide Virtual Charter School Board shall give special
emphasis on listing supplemental online courses in science,
technology, engineering and math (STEM), foreign language and
advanced placement courses. School districts shall not be limited to
selecting supplemental online courses that have been reviewed and
certified by the Statewide Virtual Charter School Board and listed as
provided for in this paragraph; and
4. In conjunction with the Office of Management and Enterprise
Services, negotiate and enter into contracts with supplemental online
course providers to offer a state rate price to school districts for
supplemental online courses that have been reviewed and certified by
the Statewide Virtual Charter School Board and listed as provided for
in paragraph 3 of this subsection.
B. Each statewide virtual charter school which has been approved
and sponsored by the Board or any virtual charter school for which
the Board has assumed sponsorship of as provided for in Section 3-
145.5 of this title shall be considered a statewide virtual charter
school and the geographic boundaries of each statewide virtual
charter school shall be the borders of the state.
C. Each statewide virtual charter school approved by the
Statewide Virtual Charter School Board shall be eligible to receive
federal funds generated by students enrolled in the charter school
for the applicable year. Each statewide virtual charter school shall
be considered a separate local education agency for purposes of
reporting and accountability.
D. As calculated as provided for in Section 3-142 of this title,
a statewide virtual charter school shall receive the State Aid
allocation and any other state-appropriated revenue generated by
students enrolled in the virtual charter school for the applicable
year, less up to five percent (5%) of the State Aid allocation, which
may be retained by the Statewide Virtual Charter School Board for
administrative expenses and to support the mission of the Board. A
statewide virtual charter school shall be eligible for any other
*+,-11'121#+,, .;"
funding any other charter school is eligible for as provided for in
Section 3-142 of this title. Each statewide virtual charter school
shall be considered a separate local education agency for purposes of
reporting and accountability.
E. A virtual charter school shall be subject to the same
reporting requirements, financial audits, audit procedures and audit
requirements as a school district. The State Department of Education
or State Auditor and Inspector may conduct financial, program or
compliance audits. A virtual charter school shall use the Oklahoma
Cost Accounting System (OCAS) to report financial transactions to the
State Department of Education.
F. A virtual charter school governing body shall be responsible
for the policies that govern the operational decisions of the virtual
charter school. The governing body of a virtual charter school shall
be subject to the same conflict of interest requirements as a member
of a local school board including, but not limited to, Sections 5-113
and 5-124 of this title. Members appointed to the governing body of
a virtual charter school after July 1, 2019, shall be subject to the
same instruction and continuing education requirements as a member of
a local school board and pursuant to Section 5-110 of this title,
complete twelve (12) hours of instruction within fifteen (15) months
of appointment to the governing body, and pursuant to Section 5-110.1
of this title, attend continuing education.
G. Students enrolled full-time in a statewide virtual charter
school sponsored by the Statewide Virtual Charter School Board shall
not be authorized to participate in any activities administered by
the Oklahoma Secondary Schools Activities Association. However, the
students may participate in intramural activities sponsored by a
statewide virtual charter school, an online provider for the charter
school or any other outside organization.
H. The decision of the Statewide Virtual Charter School Board to
deny, nonrenew or terminate the charter contract of a statewide
virtual charter school may be appealed to the State Board of
Education within thirty (30) days of the decision by the Statewide
Virtual Charter School Board. The State Board of Education shall act
on the appeal within sixty (60) days of receipt of the request from
the statewide virtual charter school applicant. The State Board of
Education may reverse the decision of the Statewide Virtual Charter
School Board or may remand the matter back to the Statewide Virtual
Charter School Board for further proceeding as directed.
Added by Laws 2012, c. 367, § 5, eff. July 1, 2012. Amended by Laws
2013, c. 212, § 5, eff. Sept. 1, 2013; Laws 2015, c. 293, § 1; Laws
2019, c. 272, § 1, emerg. eff. May 2, 2019.
§70-3-145.4. Authority to promulgate rules.
Pursuant to and in compliance with Article I of the
Administrative Procedures Act, the Statewide Virtual Charter School
*+,-11'121#+,, .;""
Board shall promulgate rules as may be necessary to implement the
provisions of this act.
Added by Laws 2012, c. 367, § 6, eff. July 1, 2012. Amended by Laws
2013, c. 212, § 6, eff. Sept. 1, 2013.
§70-3-145.5. Students outside the district - Succession to
contractual rights.
A. Notwithstanding any other provision of law, beginning July 1,
2014, no school district shall offer full-time virtual education to
students who are not residents of the school district or enter into a
virtual charter school contract with a provider to provide full-time
virtual education to students who do not reside within the school
district boundaries.
B. Effective July 1, 2014, the Statewide Virtual Charter School
Board shall succeed to any contractual rights and responsibilities
incurred by a school district in a virtual charter school contract
executed prior to January 1, 2014, with a provider to provide full-
time virtual education to students who do not reside within the
school district boundaries. All property, equipment, supplies,
records, assets, current and future liability, encumbrances,
obligations and indebtedness associated with the contract shall be
transferred to the Statewide Virtual Charter School Board.
Appropriate conveyances and other documents shall be executed to
effectuate the transfer of any property associated with the contract.
Upon succession of the contract, the Board shall assume sponsorship
of the virtual charter school for the remainder of the term of the
contract. Prior to the end of the current term of the contract, the
Board shall allow the provider of the virtual charter school to apply
for renewal of the contract with the Board in accordance with the
renewal procedures established pursuant to Section 3-145.3 of this
title.
Added by Laws 2012, c. 367, § 7, eff. July 1, 2012. Amended by Laws
2013, c. 212, § 7, eff. Sept. 1, 2013.
§70-3-145.6. Full time virtual education site - Performance data of
nonresidents.
A. A virtual education provider that offers full-time virtual
education to students who are not residents of the school district
with which the provider is contracted shall be considered a site
within each school district with which the provider contracts and
subject to the accountability system established pursuant to Section
1210.545 of this title.
B. The virtual education provider and the school district with
which it contracts are hereby directed to identify those students who
are full-time virtual students and do not live in the physical
boundaries of the district. The district and provider shall submit
in electronic format as necessary to the State Department of
*+,-11'121#+,, .;"
Education detailed data on the performance of nonresident students
who are receiving full-time instruction.
Added by Laws 2013, c. 108, § 1, eff. July 1, 2013. Amended by Laws
2014, c. 277, § 2, eff. July 1, 2014.
§70-3-145.7. Statewide Virtual Charter School Board Revolving Fund.
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Added by Laws 2015, c. 225, § 1.
§70-3-145.8. Records of attendance.
A. It shall be the duty of each virtual charter school approved
and sponsored by the Statewide Virtual School Board pursuant to the
provisions of Section 3-145.3 of Title 70 of the Oklahoma Statutes to
keep a full and complete record of the attendance of all students
enrolled in the virtual charter school in one of the student
information systems approved by the State Department of Education and
locally selected by the virtual school from the approved list.
B. By July 1, 2018, the governing body of each virtual charter
school shall adopt an attendance policy. The policy may allow
attendance to be a proportional amount of the required attendance
policy provisions based upon the date of enrollment of the student.
The attendance policy shall include the following provisions:
1. A student who attends a virtual charter school shall be
considered in attendance for a quarter if the student:
a. completes instructional activities on no less than
ninety percent (90%) of the days within the quarter,
*+,-11'121#+,, .;
b. is on pace for on-time completion of the course as
defined by the governing board of the virtual charter
school, or
c. completes no less than forty instructional activities
within the quarter of the academic year.
2. For a student who does not meet any of the criteria set forth
in paragraph 1 of this subsection, the amount of attendance recorded
shall be the greater of:
a. the number of school days during which the student
completed the instructional activities during the
quarter,
b. the number of school days proportional to the
percentage of the course that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum number of completed
instructional activities during the quarter.
C. For the purposes of this section, "instructional activities"
shall include but not be limited to online logins to curriculum or
programs offered by the virtual charter school, offline activities,
completed assignments, testing, face-to-face communications with
virtual charter school staff or service providers or meetings with
virtual charter school staff or service providers via teleconference,
videoconference, email, text or phone.
D. The virtual charter school shall submit a notification to the
parent or legal guardian of a student who has been withdrawn for
truancy or is approaching truancy.
E. The Statewide Virtual Charter School Board may promulgate
rules to implement the provisions of this section.
Added by Laws 2017, c. 247, § 1, eff. Jan. 1, 2018.
§70-3-150. Repealed by Laws 2013, c. 83, § 21, eff. July 1, 2013,
without reference to amendment by Laws 2013, c. 74, § 1, eff. July 1,
2013, which read as follows:
A. The State Board of Education shall develop an Academic
Performance Index (API) to be used to measure performance of
schools, including the academic performance of students. The index
shall consist of a variety of indicators including, but not limited
to:
1. Attendance rates for students;
2. Dropout rates;
3. Results of the Oklahoma School Testing Program administered
pursuant to Section 1210.508 of this title;
4. Advanced Placement participation;
5. Graduation rates for secondary school students;
6. Scores of the American College Test (ACT); and
7. College remediation rates.
B. The data collected for the API shall be disaggregated, when
available, by socioeconomic status and ethnic group. Oklahoma School
Testing Program results shall constitute no less than sixty percent
(60%) of the value of the index.
*+,-11'121#+,, .;
C. Based on the API, the State Board of Education shall adopt
expected annual percentage growth targets for the state level, school
districts, and all school sites based on their API baseline score.
The minimum percentage growth target shall be five percent (5%)
annually. However, the State Board of Education may set differential
growth targets based on grade level of instruction.
D. The academic performance of students who are enrolled full-
time in an online program that is offered by a school district or
charter school that is not the district of residence or is not located
in the district of residence of the student shall be reported
separately by the school district or charter school and shall not be
included when determining the Academic Performance Index of the school
district or charter school.
§70-3-151. Repealed by Laws 2013, c. 83, § 21, eff. July 1, 2013.
§70-3-151.1. Adjusted cohort graduation rate - Academic performance
index.
A. For purposes of establishing a uniform and accurate
definition of high school graduation rate for school districts and
secondary schools in the state, the State Board of Education shall
adopt and implement a four-year adjusted cohort graduation rate and
an extended-year adjusted cohort graduation rate. The Board shall
utilize and report the four-year adjusted cohort graduation rate and
the extended-year adjusted cohort graduation rate at the secondary
school site, the school district and the state level, and the
graduation rates shall be reported in the aggregate as well as
disaggregated by subgroups as required in the Elementary and
Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known
as the No Child Left Behind Act of 2001.
B. The Board shall use the four-year adjusted cohort graduation
rate for purposes of determining the high school graduation rate
indicator for the academic performance data calculation beginning
with state and district report cards providing results of assessments
administered in the 2011-2012 school year. The Board shall use the
four-year adjusted cohort graduation rate for establishing the high
school graduation rate for measuring alternate year percentage growth
targets as set forth in Section 3-151.2 of this title beginning with
the 2012-2013 school year.
C. The four-year adjusted cohort graduation rate shall be
defined as the number of students who graduate in four (4) years with
a standard high school diploma divided by the number of students who
entered high school four (4) years earlier, adjusted for transfers in
and out of the school, émigrés and deceased students. Students who
graduate in four (4) years shall include students who earn a standard
high school diploma at the end of their fourth year, before the end
of their fourth year, and during a summer session immediately
following their fourth year. To remove a student from a cohort, a
school district shall confirm in writing or by electronic means that
*+,-11'121#+,, .;$
a student has transferred out of the school site or school district,
has emigrated to another country or is deceased. For a student who
transfers out of a school site or school district, the written or
electronic confirmation shall be official and document that the
student has enrolled in another school site or school district or in
an educational program that culminates in a high school diploma
recognized by a state or private higher educational institution
accredited or recognized by the Oklahoma State Regents for Higher
Education for purposes of admission to the institution. Students not
enrolled in a program which culminates in the award of a credential
recognized by a state or private higher educational institution for
purposes of admissions shall not be included in the graduation rate
calculation as set forth in this subsection as a student who
graduated in four (4) years with a standard high school diploma but
shall be included in the number of students who entered high school
four (4) years earlier.
D. The extended-year adjusted cohort graduation rate shall be
defined as the number of students who graduate in four (4) years or
five (5) years with a high school diploma divided by the number of
students who form the adjusted cohort for the four-year graduation
rate as calculated as provided for in subsection C of this section,
provided that the adjustments add to the cohort all students who
transfer into the cohort by the end of the year of graduation being
considered and subtract students who transfer out, emigrate to
another country or are deceased by the end of that year. The
extended-year adjusted cohort graduation rate shall be reported
separately from the four-year adjusted cohort graduation rate.
Added by Laws 2011, c. 245, § 1. Amended by Laws 2013, c. 83, § 5,
eff. July 1, 2013; Laws 2014, c. 311, § 2, eff. July 1, 2014.
§70-3-151.2. Graduation rate growth targets - Failing schools.
A. The State Board of Education shall adopt expected alternate
year percentage growth targets, for all public secondary schools and
school districts, based on high school graduation rates, using the
four-year adjusted cohort graduation rate calculated as provided for
in Section 1 of this act. The minimum percentage growth targets
shall be twenty percent (20%) of the difference between the
graduation rate of the baseline year and the goal of one hundred
percent (100%). The baseline year shall be established in the 2012-
2013 school year. In alternating years new growth targets shall be
established until all secondary schools and school districts have met
the goal of one hundred percent (100%).
B. Public secondary schools and school districts meeting or
exceeding expected growth targets at the end of the initial two (2)
years or in the alternate years as provided for in subsection A of
this section shall be recognized by the state as notable schools and
school districts. Recognition may include, but not be limited to,
*+,-11'121#+,, .;(
citations of congratulations from the State Superintendent of Public
Instruction as the designee of the State Board of Education, the
Governor or designee, the Representative and Senator representing the
school and or school district, and banners for each school or school
district achieving notable status.
C. Public secondary schools and school districts failing to meet
the expected growth targets at the end of the initial two (2) years
or in the alternate years as provided for in subsection A of this
section shall:
1. Submit a high school graduation improvement plan to their
district board of education at a regularly scheduled meeting prior to
December 31st of the same year; and
2. Contingent upon the availability of funding, participate in
technical assistance and training provided by the State Department of
Education for the purpose of reducing drop-out rates and improving
high school graduation rates. The technical assistance and training
shall include identifying and implementing best practices,
identifying actions the school district and schools should take to
meet target high school graduation goals, and providing ongoing
monitoring to assess school district and school progress in
implementing recommended actions.
Added by Laws 2011, c. 245, § 2.
§70-3-152. Repealed by Laws 2005, c. 466, § 2, eff. July 1, 2005.
§70-3-152.1. Repealed by Laws 2018, c. 25, § 1, eff. Nov. 1, 2018.
§70-3-153. Reporting of plans to State Board - Exemptions.
A. School districts with one or more school sites that have been
identified as in need of improvement by the State Board of Education
pursuant to the requirements of the No Child Left Behind Act of 2001,
P.L. No. 107-110, shall be required to electronically submit the
following plans to the State Board of Education:
1. The school improvement plan as required in Section 5-117.4 of
this title; and
2. The capital improvement plan as required in Section 18-153 of
this title.
B. School districts that do not have any school sites which have
been identified as in need of improvement by the State Board of
Education, pursuant to the requirements of the No Child Left Behind
Act of 2001, P.L. No. 107-110, shall not be required to submit the
plans as set forth in subsection A of this section.
Added by Laws 2001, c. 242, § 1, eff. July 1, 2001. Amended by Laws
2005, c. 431, § 1, eff. Sept. 1, 2005; Laws 2006, c. 227, § 2, eff.
July 1, 2006; Laws 2012, c. 354, § 2; Laws 2013, c. 83, § 7, eff.
July 1, 2013.
*+,-11'121#+,, .;
§70-3-154. Review of plans by regional accreditation officer.
Each plan listed in Section 3-153 of this title and which is not
required to be submitted to the State Department of Education shall
be reviewed by a regional accreditation officer at the time of the
visit to the school district by an officer in accordance with the
evaluation schedule set forth in Section 3-104.4 of this title.
Added by Laws 2001, c. 242, § 2, eff. July 1, 2001. Amended by Laws
2019, c. 373, § 2, eff. Nov. 1, 2019.
§70-3-155. Study and assessment of information and reports –
Collection techniques.
A. The State Board of Education shall study and assess ways to
eliminate, reduce, consolidate, and simplify the number, type, and
length of reports, data, statistics, and other information required
of any school district or school district personnel by the Board or
State Department of Education. Subject to the availability of
funding, the Board is hereby authorized to retain a consultant or
expert as may be necessary to complete the study. The study shall
include the feasibility of coordinating reporting dates and shall
identify all requirements for maintaining, completing and filing
records and reports mandated by law or rule and make recommendations
for any amendments that may be necessary to the law or rules to
implement the recommendations reported in the study. In conducting
research for the study, the Board shall provide for the input and
participation of school districts, school district personnel, and
other educational organizations. By December 31, 2010, the Board
shall issue a preliminary report of any findings and recommendations
collected prior to that date. The Board shall complete the findings
and recommendations of the study and shall file a final report with
the Governor, Speaker of the House of Representatives, and the
President Pro Tempore of the Senate by December 31, 2012.
B. In conducting the study as required in this section, the
Board may:
1. Survey a sample of classroom teachers from elementary,
middle, and high school grades in the public schools in the state to
determine the quantity and types of paperwork required from teachers
on a daily, weekly, monthly, semester, or annual basis as mandated by
state law or rule;
2. Review efforts being made at the school district level to
reduce the requirements for extraneous paperwork placed on teachers;
3. Collaborate with the United States Department of Education to
standardize all compliance requirements of the federal Individuals
with Disabilities Education Act (IDEA) and review and simplify the
paperwork established by the United States Department of Education to
verify compliance with IDEA; and
4. Study the amount of state and local funds expended to meet
the compliance and paperwork requirements of IDEA.
*+,-11'121#+,, .;)
Added by Laws 2005, c. 290, § 2, emerg. eff. June 6, 2005. Amended
by Laws 2010, c. 150, § 1, eff. July 1, 2010.
§70-3-156. Local school district assessment – Report submission.
Each local school district may study and assess ways to
eliminate, reduce, consolidate, and simplify the number, type, and
length of reports, data, statistics, and other information required
of any school district personnel by federal or state law. In
conducting research for the study, the school district shall provide
for the input and participation of school district personnel.
Each local school district may also study and assess ways to
eliminate, reduce, consolidate, and simplify the number of tests
required by students enrolled in school.
Findings and recommendations of both studies shall be forwarded
to the State Department of Education.
Added by Laws 2010, c. 150, § 2, eff. July 1, 2010. Amended by Laws
2012, c. 354, § 3.
§70-3-160. State student record system – Development and
implementation in compliance with federal requirements.
A. In developing and implementing a state student record system,
as required in Subsection E of Section 18-200.1 of this title, and as
needed to comply with the tracking and reporting requirements of the
Elementary and Secondary Education Act of 1965 (ESEA), P.L. No. 114-
95, as reauthorized by the Every Student Succeeds Act (ESSA) of 2015,
the State Department of Education shall construct the system to
contain the following elements and comply with the following
standards and compliance capabilities:
1. Extensible Markup Language (XML), which defines common data
formats used during communication between disparate systems;
2. Web services protocol developed by the World Wide Web
Consortium, which enables systems that are physically separated but
connected to the Internet to be combined to permit complex
operations;
3. Schools Interoperability Framework (SIF) version 1.5
specifications, or any updated versions of the specifications, which
enable school district software management systems to communicate
with each other. The student record system shall include, but not be
limited to, the specifications for course identifiers, state standard
formatting, content formatting, and assessment formatting
specification;
4. United States Department of Education EDFacts data exchange
guidelines with data elements capable of providing reporting on
federal educational programs; and
5. Defined state data codes to ensure consistent reporting from
school districts including, but not limited to, data codes for course
identifiers, entries, gains, and losses. Current data codes for
*+,-11'121#+,, .;!
teacher certification and the Oklahoma Cost Accounting System shall
be extended to match other defined data codes.
B. Any student information system and any instructional
management system used by school districts in the state shall comply
with the Extensible Markup Language (XML) standards and the Schools
Interoperability Framework (SIF) version 1.5 specifications, or any
updated versions of the specifications.
C. The State Department of Education shall have the authority to
define requirements for the submission of data elements in compliance
with the Schools Interoperability Framework (SIF) version 1.5 for the
student information systems and instructional management systems used
by school districts statewide in compliance with state and federal
statutes.
Added by Laws 2003, c. 430, § 2, eff. July 1, 2003. Amended by Laws
2019, c. 486, § 1, eff. July 1, 2019.
§70-3-161. Repealed by Laws 2014, c. 72, § 1.
§70-3-162. Enrollment - Collection of information regarding
participation in certain programs.
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1. A childcare program that is licensed pursuant to the tiered
licensing system established by the Department of Human Services;
2. The SoonerStart program operated by the State Department of
Education;
3. The program of parent education operated by the State
Department of Education pursuant to Section 10-105.3 of this title;
4. The Children First program operated by the State Department
of Health;
5. Any child abuse prevention program operated by the State
Department of Health;
6. Any federally funded Head Start program; and
7. Any other early childhood program funded by state or federal
monies as determined by the State Board of Education.
B. The State Department of Education shall verify the accuracy
of the information provided by the parents or guardians pursuant to
subsection A of this section with the appropriate agency. Each
agency shall cooperate and provide verifying data to the Department.
C. The State Department of Education shall develop state data
elements and codes for each program identified pursuant to subsection
A of this section for use in the statewide student record system
program, which shall be used to provide effective reporting and
*+,-11'121#+,, .;
research on the identified programs. The codes shall be entered into
the statewide student record system program upon initial enrollment
of a student.
D. The State Board of Education shall adopt rules to implement
the provisions of this section.
Added by Laws 2005, c. 420, § 1, eff. July 1, 2005. Amended by Laws
2015, c. 217, § 1, eff. Nov. 1, 2015.
NOTE: Editorially renumbered from § 3-161 to avoid a duplication in
numbering.
§70-3-163. Repealed by Laws 2017, c. 3, § 1, eff. Nov. 1, 2017.
§70-3-164. Repealed by Laws 2017, c. 3, § 2, eff. Nov. 1, 2017.
§70-3-165. Repealed by Laws 2017, c. 3, § 3, eff. Nov. 1, 2017.
§70-3-166. Repealed by Laws 2017, c. 3, § 4, eff. Nov. 1, 2017.
§70-3-167. Exemption from participation in advisory council or
committee.
A. 1. The State Board of Education shall exempt all school
districts from or waive any policy, rule or law which requires school
districts to form, convene, or participate in any advisory council or
committee, including but not limited to the requirement to convene an
advisory council when preparing the school improvement plan as set
forth in Section 5-117.4 of this title.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during the fiscal year which begins on the July 1
immediately succeeding the legislative session during which the
measure appropriating monies to the State Board of Education for the
financial support of public schools is enacted as law and such
appropriation amount is at least Fifty Million Dollars
($50,000,000.00) greater than the amount of money appropriated to the
State Board of Education for the financial support of public schools
for the fiscal year ending June 30, 2019, pursuant to Chapter 146,
O.S.L. 2018. Provided, the Fifty Million Dollars ($50,000,000.00)
shall not include any amount of appropriations dedicated for support
or certified employee salary increases.
B. School districts shall not be exempted from forming,
convening or participating in an advisory council or committee if
required by federal law or regulation.
Added by Laws 2010, c. 457, § 2. Amended by Laws 2012, c. 236, § 2,
eff. July 1, 2012; Laws 2014, c. 311, § 3, eff. July 1, 2014; Laws
2016, c. 253, § 2, eff. July 1, 2016; Laws 2019, c. 488, § 2, eff.
July 1, 2019.
*+,-11'121#+,, .;"
§70-3-168. Student Data Accessibility, Transparency and
Accountability Act of 2013.
A. This section shall be known and may be cited as the "Student
Data Accessibility, Transparency and Accountability Act of 2013".
B. As used in this act:
1. "Board" means the State Board of Education;
2. "Department" means the State Department of Education;
3. "Data system" means the Oklahoma State Department of
Education student data system;
4. "Aggregate data" means data collected and/or reported at the
group, cohort, or institutional level;
5. "De-identified data" means a student dataset in which parent
and student identifying information, including the state-assigned
student identifier, has been removed;
6. "Student testing number" means the unique student identifier
assigned by the state to each student that shall not be or include
the Social Security number of a student in whole or in part;
7. "Student data" means data collected and/or reported at the
individual student level included in a student's educational record.
a. "Student data" includes:
(1) state and national assessment results, including
information on untested public school students,
(2) course taking and completion, credits earned, and
other transcript information,
(3) course grades and grade point average,
(4) date of birth, grade level and expected graduation
date/graduation cohort,
(5) degree, diploma, credential attainment, and other
school exit information such as General
Educational Development and drop-out data,
(6) attendance and mobility,
(7) data required to calculate the federal four-year
adjusted cohort graduation rate, including
sufficient exit and drop-out information,
(8) discipline reports limited to objective
information sufficient to produce the federal
Title IV Annual Incident Report,
(9) remediation,
(10) special education data,
(11) demographic data and program participation
information, and
(12) military student identifier.
b. Unless included in a student's educational record,
"student data" shall not include:
(1) juvenile delinquency records,
(2) criminal records,
(3) medical and health records,
*+,-11'121#+,, .;
(4) student Social Security number, and
(5) student biometric information; and
8. "Military student identifier" means a unique identifier for
each student whose parent or guardian is a member of the Armed Forces
of the United States, a reserve component of the Armed Forces of the
United States or the National Guard which will allow for the
disaggregation of each category.
C. The State Board of Education shall:
1. Create, publish and make publicly available a data inventory
and dictionary or index of data elements with definitions of
individual student data fields currently in the student data system
including:
a. any individual student data required to be reported by
state and federal education mandates,
b. any individual student data which has been proposed for
inclusion in the student data system with a statement
regarding the purpose or reason for the proposed
collection, and
c. any individual student data that the State Department
of Education collects or maintains with no current
purpose or reason;
2. Develop, publish and make publicly available policies and
procedures to comply with the Federal Family Educational Rights and
Privacy Act (FERPA) and other relevant privacy laws and policies,
including but not limited to:
a. access to student and de-identified data in the student
data system shall be restricted to:
(1) the authorized staff of the State Department of
Education and the Department's contractors who
require such access to perform their assigned
duties, including staff and contractors from the
Information Services Division of the Office of
Management and Enterprise Services assigned to the
Department,
(2) district administrators, teachers and school
personnel who require such access to perform their
assigned duties,
(3) students and their parents, and
(4) the authorized staff of other state agencies in
Oklahoma as required by law and/or defined by
interagency data-sharing agreements,
b. the State Department of Education shall use only
aggregate data in public reports or in response to
record requests in accordance with paragraph 3 of this
subsection,
c. the State Department of Education shall develop
criteria for the approval of research and data requests
*+,-11'121#+,, .;$
from state and local agencies, the State Legislature,
researchers and the public:
(1) unless otherwise approved by the State Board of
Education, student data maintained by the State
Department of Education shall remain confidential,
and
(2) unless otherwise approved by the State Board of
Education to release student or de-identified data
in specific instances, the Department may only use
aggregate data in the release of data in response
to research and data requests, and
d. notification to students and parents regarding their
rights under federal and state law;
3. Unless otherwise approved by the State Board of Education,
the State Department of Education shall not transfer student or de-
identified data deemed confidential under division (1) of
subparagraph c of paragraph 2 of this subsection to any federal,
state or local agency or other organization/entity outside of the
State of Oklahoma, with the following exceptions:
a. a student transfers out of state or a school/district
seeks help with locating an out-of-state transfer,
b. a student leaves the state to attend an out-of-state
institution of higher education or training program,
c. a student registers for or takes a national or
multistate assessment,
d. a student voluntarily participates in a program for
which such a data transfer is a condition/requirement
of participation,
e. the Department enters into a contract that governs
databases, assessments, special education or
instructional supports with an out-of-state vendor,
f. a student is classified as "migrant" for federal
reporting purposes, or
g. a student with a military student identifier for
purposes of assisting the Department of Defense in
developing policy and military child education
initiatives;
4. Develop a detailed data security plan that includes:
a. guidelines for authorizing access to the student data
system and to individual student data including
guidelines for authentication of authorized access,
b. privacy compliance standards,
c. privacy and security audits,
d. breach planning, notification and procedures, and
e. data retention and disposition policies;
5. Ensure routine and ongoing compliance by the State Department
of Education with FERPA, other relevant privacy laws and policies,
*+,-11'121#+,, .;$
and the privacy and security policies and procedures developed under
the authority of this act, including the performance of compliance
audits;
6. Ensure that any contracts that govern databases, assessments
or instructional supports that include student or de-identified data
and are outsourced to private vendors include express provisions that
safeguard privacy and security and include penalties for
noncompliance;
7. Notify the Governor and the Legislature annually of the
following:
a. new student data proposed for inclusion in the state
student data system:
(1) any new student data collection proposed by the
State Board of Education becomes a provisional
requirement to allow districts and their local
data system vendors the opportunity to meet the
new requirement, and
(2) the State Board of Education must submit any new
"provisional" student data collection to the
Governor and the Legislature for their approval
within one (1) year in order to make the new
student data a permanent requirement. Any
provisional student data collection not approved
by the Governor and the Legislature by the end of
the next legislative session expires and is no
longer required,
b. changes to existing data collections required for any
reason, including changes to federal reporting
requirements made by the U.S. Department of Education,
c. an explanation of any exceptions granted by the State
Board of Education in the past year regarding the
release or out-of-state transfer of student or de-
identified data, and
d. the results of any and all privacy compliance and
security audits completed in the past year.
Notifications regarding privacy compliance and security
audits shall not include any information that would
itself pose a security threat to the state or local
student information systems or to the secure
transmission of data between state and local systems by
exposing vulnerabilities; and
8. By July 1, 2016, include a military student identifier in the
state student data system.
D. The State Board of Education shall adopt rules for the State
Department of Education to implement the provisions of the Student
Data Accessibility, Transparency and Accountability Act of 2013.
*+,-11'121#+,, .;$$
E. Upon the effective date of this act, any existing collection
of student data by the State Department of Education and the addition
of a military student identifier to the student data collected by the
Department after the effective date of this act shall not be
considered a new student data collection in accordance with
subparagraph a of paragraph 7 of subsection C of this section.
F. Nothing in this act shall interfere with the State Department
of Education's compliance with the Educational Accountability Reform
Act.
Added by Laws 2013, c. 356, § 1, eff. July 1, 2013. Amended by Laws
2015, c. 33, § 1, eff. July 1, 2015.
§70-3-171. Oklahoma Advisory Council on Indian Education Act.
This act shall be known and may be cited as the “Oklahoma
Advisory Council on Indian Education Act”.
Added by Laws 2010, c. 313, § 1, eff. July 1, 2010.
§70-3-172. Purpose of act.
The purpose of the Oklahoma Advisory Council on Indian Education
Act is to recognize the unique relationship that Oklahoma enjoys with
the Indian tribes located within the state and how Native Americans
and Indian tribes play a pivotal role in the educational system of
the state in light of this special relationship. The further purpose
of the act is to establish the Oklahoma Advisory Council on Indian
Education. The purpose of creating the Council is to promote
culturally relevant learning environments, educational opportunities
and instructional material for Native American students enrolled in
the public schools of the state. Because of the number of Native
American students enrolled in public schools in the state, this
objective will positively affect the educational success of all
public school students and encourage further government-to-government
cooperation between the State of Oklahoma and the sovereign Indian
tribes located in Oklahoma.
Added by Laws 2010, c. 313, § 2, eff. July 1, 2010.
§70-3-173. Oklahoma Advisory Council on Indian Education.
A. There is hereby created to continue until July 1, 2020, in
accordance with the provisions of the Oklahoma Sunset Law, the
Oklahoma Advisory Council on Indian Education.
B. The Council shall:
1. Make recommendations to the State Board of Education and the
Superintendent of Public Instruction in educational matters affecting
the education of Native American students;
2. Promote educational opportunities and improvement of the
quality of education provided to Native American students throughout
the state;
3. Advocate for Native American students in the state; and
*+,-11'121#+,, .;$(
4. Monitor and evaluate how the public education system of the
state impacts Native American students.
C. The Council shall be composed of eighteen (18) members as
follows:
1. Five members who shall each represent an Indian tribe in the
state, of which at least one shall represent an Indian tribe which
has an enrollment of less than ten thousand (10,000) members who
reside in the state, appointed by the Governor from a list of
nominations submitted by the different Indian tribes in the state;
2. Four members who shall each represent the tribal education
departments of an Indian tribe in the state, appointed by the
Governor from a list of nominations submitted by the different Indian
tribes in the state;
3. One member who shall represent the Oklahoma Council on Indian
Education, appointed by the Governor;
4. Two members who shall represent two different statewide
organizations representing public school teachers, appointed by the
President Pro Tempore of the Senate;
5. One member who shall represent a statewide organization
representing public school superintendents appointed by the Speaker
of the House of Representatives;
6. One member who shall represent Oklahoma tribal colleges,
appointed by the Chancellor of Higher Education;
7. The Director of the Native American Cultural and Educational
Authority, or designee;
8. The Chancellor of Higher Education, or designee;
9. The Director of the Oklahoma Department of Career and
Technology Education, or designee; and
10. The Superintendent of Public Instruction, or designee.
D. Appointments to the Council shall be made by September 1,
2010. The first meeting of the Council shall be called by the
Superintendent of Public Instruction. At the first meeting, the
members of the Council shall elect a chair and vice-chair from among
the members. Meetings of the Council shall be held at least
quarterly at the call of the chair. Members shall serve at the
pleasure of their appointing authorities. A majority of the members
of the Council shall constitute a quorum to transact business, but no
vacancy shall impair the right of the remaining members to exercise
all of the powers of the Council. A vacancy on the Council shall be
filled by the original appointing authority. The State Department of
Education, Oklahoma Department of Career and Technology Education,
and the Oklahoma State Regents for Higher Education shall provide
staff, support and information as requested by the Council.
E. Members of the Council shall receive no compensation for
serving on the Council, but shall receive travel reimbursement as
follows:
*+,-11'121#+,, .;$
1. State employees who are members of the Council shall be
reimbursed for travel expenses incurred in the performance of their
duties by their respective agencies in accordance with the State
Travel Reimbursement Act; and
2. All other members of the Council shall be reimbursed by the
Office of Management and Enterprise Services for travel expenses
incurred in the performance of their duties in accordance with the
State Travel Reimbursement Act.
F. The Council shall act in accordance with the provisions of
the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
G. Members who serve on the Council shall be exempt from the
dual-office-holding prohibitions of Section 6 of Title 51 of the
Oklahoma Statutes.
H. The Council shall have the following duties:
1. Identify strategies for developing an efficient and reliable
process of communications between Oklahoma education entities,
educators, tribal organizations and other interested parties;
2. Identify and disseminate research-based, measurable criteria,
both behavioral and academic, by which the success and efficacy of
the education offered to Native American students in Oklahoma may be
measured;
3. Analyze data to ensure that education agencies in Oklahoma
continue to address the education needs of Native American students;
4. Encourage and promote Native American educational leadership
at all levels of the education system; and
5. Make recommendations to the State Board of Education for
programs that will help achieve the purposes of the Oklahoma Advisory
Council on Indian Education Act.
I. The Council shall evaluate and make an annual report on the
effectiveness of the public education system in Oklahoma in meeting
the needs of Native American students in Oklahoma. The report shall
be submitted to the State Board of Education. The report shall also
contain a summary of the findings made by the Council pursuant to
subsection H of this section, a summary of all data collected by the
Council, a summary of the means by which all data was collected by
the Council, and any other information deemed necessary by the
Council.
Added by Laws 2010, c. 313, § 3, eff. July 1, 2010. Amended by Laws
2012, c. 304, § 596; Laws 2014, c. 131, § 1, emerg. eff. April 22,
2014.
§70-4. Repealed by Laws 1941, p. 416, § 8.
§70-4-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-4-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
*+,-11'121#+,, .;$)
§70-4-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-4-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-4-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-4-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-4-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-4-8. Repealed by Laws 1951, c. 235, § 34.
§70-4-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-4-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-11.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;$!
§70-4-20. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-22. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-23. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-24. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-25. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-26. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-27. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-28. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-29. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-30. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-31. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-31a. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-32. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-33. Repealed by Laws 1963, c. 275, § 3.
§70-4-33.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;$
§70-4-34. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-35. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-36. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-37. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-38. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-39. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-40. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-41. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-42. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-43. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-44. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-45. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-46. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-47. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-48. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-4-49. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;$"
§70-4-101. Abolition of office of county superintendent of schools.
As of July 1, 1993, the office of county superintendent of
schools in and for each county in Oklahoma is hereby abolished.
Laws 1971, c. 281, § 4-101, eff. July 2, 1971; Laws 1972, c. 155, §
1, emerg. eff. April 7, 1972; Laws 1977, 1st Ex.Sess., c. 1, § 23,
emerg. eff. June 21, 1977; Laws 1993, c. 239, § 22, eff. July 1,
1993.
§70-4-102. Repealed by Laws 1980, c. 180, § 6, emerg. eff. May 13,
1980.
§70-4-103. Repealed by Laws 1989, 1st Ex. Sess., c. 2, § 121,
operative July 1, 1990.
§70-4-104. School district boundaries - Duties of county clerk.
On or before the first day of January of each year, the county
clerk or a designee of the county clerk shall obtain from the State
Department of Education and furnish to the county assessor of the
county a current description of the boundary of each and every school
district or part of a district in the county and also notify the
Oklahoma Tax Commission, the county assessor and county treasurer of
the county of any and all changes in the boundaries of a school
district lying wholly or in part in the county.
Added by Laws 1971, c. 281, § 4-104, eff. July 2, 1971. Amended by
Laws 1991, c. 16, § 1, eff. July 1, 1991; Laws 1993, c. 239, § 23,
eff. July 1, 1993.
§70-4-104.1. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-4-105. Repealed by Laws 2014, c. 204, § 1, eff. Nov. 1, 2014.
§70-4-106. Repealed by Laws 2014, c. 204, § 1, eff. Nov. 1, 2014.
§70-4-107. Repealed by Laws 2014, c. 204, § 1, eff. Nov. 1, 2014.
§70-4-108. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30,
1979.
§70-4-109. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30,
1979.
§70-4-110. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30,
1979.
§70-4-111. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
*+,-11'121#+,, .;$
§70-4-112. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-4-200. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-4-201. Transfer and preservation of records - Additional
salaries.
All records of a former county superintendent of schools shall be
transferred to and are to be maintained and preserved by the county
clerk of the county, who shall designate a deputy, aide, assistant or
other employee of the county clerk's office to perform such duties.
The County Commissioners shall make space available in which the
records can be maintained, preserved and made secure. Except for
those records specifically required by state or federal statutes to
be kept confidential, public access shall be made available to all of
the records.
After the records of a former county superintendent of schools
are transferred to and the responsibility of maintaining the records
are assigned to a deputy, aide, assistant or other employee of the
county clerk's office, the county clerk and county commissioners of
the county shall recommend to the county excise board that additional
salary be considered for the employee based upon the additional
responsibilities if funds are available and approved. Any additional
salary of such employee shall be subject to the limitations set forth
in Section 180.65 of Title 19 of the Oklahoma Statutes.
Added by Laws 1992, c. 253, § 1, emerg. eff. May 22, 1992. Amended
by Laws 1993, c. 239, § 24, eff. July 1, 1993.
§70-5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-5-1. Repealed by Laws 1965, c. 18, § 1.
§70-5-2. Repealed by Laws 1965, c. 18, § 1.
§70-5-3. Repealed by Laws 1965, c. 18, § 1.
§70-5-4. Repealed by Laws 1965, c. 18, § 1.
§70-5-5. Repealed by Laws 1965, c. 18, § 1.
§70-5-6. Repealed by Laws 1965, c. 18, § 1.
§70-5-7. Repealed by Laws 1965, c. 18, § 1.
§70-5-8. Repealed by Laws 1965, c. 18, § 1.
*+,-11'121#+,, .;$
§70-5-9. Repealed by Laws 1965, c. 18, § 1.
§70-5-10. Repealed by Laws 1955, p. 445, § 55.
§70-5-11. Repealed by Laws 1965, c. 18, § 1.
§70-5-12. Repealed by Laws 1955, p. 445, § 55.
§70-5-13. Repealed by Laws 1955, p. 445, § 55.
§70-5-14. Repealed by Laws 1955, p. 445, § 55.
§70-5-15. Repealed by Laws 1953, p. 384, § 30.
§70-5-16. Repealed by Laws 1955, p. 445, § 55.
§70-5-17. Repealed by Laws 1955, p. 445, § 55.
§70-5-18. Repealed by Laws 1955, p. 445, § 55.
§70-5-19. Repealed by Laws 1955, p. 445, § 55.
§70-5-20. Repealed by Laws 1955, p. 445, § 55.
§70-5-21. Repealed by Laws 1955, p. 445, § 55.
§70-5-22. Repealed by Laws 1955, p. 445, § 55.
§70-5-101. School districts - Designation.
All school districts in Oklahoma, now in existence or which may
hereafter be created, shall be designated only as independent,
elementary or technology center school districts. Independent school
districts, elementary school districts and technology center school
districts shall be under the supervision and the administration of
the respective boards of education thereof.
Added by Laws 1971, c. 281, § 5-101, eff. July 2, 1971. Amended by
Laws 1991, c. 16, § 2, eff. July 1, 1991; Laws 1993, c. 239, § 25,
eff. July 1, 1993; Laws 2001, c. 33, § 70, eff. July 1, 2001.
§70-5-102. Independent school districts.
All independent school districts in Oklahoma shall be those which
shall have maintained during the previous year a school offering high
school subjects fully accredited by the State Board of Education.
A reasonable deviation from any of the requirements enumerated
herein shall not operate to prohibit the State Board of Education
from designating any district as independent if the other
requirements are sufficiently superior to the minimum standards
*+,-11'121#+,, .;$
required herein, but standards therefor shall be reduced to writing
and a copy thereof sent to all districts maintaining high schools in
Oklahoma at least one (1) year prior to the time the requirements
become effective. Until the effective date thereof, the requirements
hereinabove enumerated shall remain in full force and effect. As a
basis for attaining the status of independent school district, high
schools shall be inspected by a member of the division of secondary
education of the State Board of Education or such other
representative as the State Board of Education shall designate, and
all of the standards prescribed by the State Board of Education shall
be carefully checked in the presence of the district superintendent
of schools or board of education of the district. A written report
shall be made and mailed to the district superintendent of schools
and board of education within thirty (30) days after the time of such
inspection. Such report shall indicate if the high school meets the
requirements and, if not, a statement shall be made as to what must
be done in order to comply therewith.
After any school district has become independent, it shall remain
so until removed from independent status by the State Board of
Education, which, however, shall not remove any school district from
independent status until it is satisfied that the minimum standards
for independent school districts are not being maintained. Any order
of the State Board of Education removing a school district from
independent status shall not become effective until the close of the
fiscal year in which such order is made, and any order removing a
school district from independent status which has heretofore been
made by the State Board of Education, regardless of notice or
effective date thereof, is hereby validated. A reasonable variation
from year to year in the minimum number of teachers required shall
not affect the status of any independent school district.
Laws 1971, c. 281, § 5-102, eff. July 2, 1971.
§70-5-103. Elementary school districts.
Elementary school districts shall offer grades kindergarten
through eight and are those which have not met the minimum standards
for, and have not been designated as, independent school districts by
the State Board of Education. On and after July 1, 1991, every place
in the Oklahoma Statutes which refers to "dependent school district"
shall mean "elementary school district".
Laws 1971, c. 281, § 5-103, eff. July 2, 1971; Laws 1976, c. 116, §
1, emerg. eff. May 14, 1976; Laws 1991, c. 3, § 2, eff. July 1, 1991.
§70-5-103.1. Elementary school districts - Prohibition on certain
grades.
On or after the effective date of this act, except upon approval
of the State Board of Education, an elementary school district that
did not offer any grade above the eighth grade during the 1993-94
*+,-11'121#+,, .;$$
school year may not offer grades above the eighth grade during the
1994-95 school year or any school year thereafter. No later than
August 1, 1994, the State Board of Education shall promulgate rules
to implement the provisions of this section.
Added by Laws 1994, c. 150, § 1, eff. July 1, 1994.
§70-5-104. Designation of district retained on records - When.
Only for the purpose of identifying a district that originally
incurred an indebtedness so as to avoid confusion in discharging such
indebtedness, the designation of a district when an indebtedness was
incurred may be retained in the records of the county assessor,
county treasurer, and other public officials charged with the duty of
levying and collecting taxes for the payment of obligations of school
districts irrespective of whether such indebtedness has been assumed
by another school district.
Laws 1971, c. 281, § 5-104, eff. July 2, 1971.
§70-5-105. School district - Body corporate - Powers.
Every school district shall be a body corporate and shall possess
the usual powers of a corporation for public purposes by the name and
style of "Independent (or Elementary, if it is an elementary school
district) School District Number ________________ (such number as may
be designated by the State Board of Education) of
__________________________ (the name of the county in which the
district is located, or if lying in more than one county the name of
the county where supervision is located) County, Oklahoma," and in
that name may sue and be sued and be capable of contracting and being
contracted with and holding such real and personal estate as it may
come into possession of or by will or otherwise and as authorized by
law.
Laws 1971, c. 281, § 5-105, eff. July 2, 1971; Laws 1991, c. 3, § 3,
eff. July 1, 1991; Laws 1993, c. 239, § 26, eff. July 1, 1993.
§70-5-106. Governing body of school district.
A. The governing board of each school district in Oklahoma is
hereby designated and shall hereafter be known as the board of
education of such district. Except as otherwise provided in this
section, the superintendent of schools appointed and employed by the
board shall be the executive officer of the board and shall perform
duties as the board directs.
B. The board may contract with a superintendent for a term as
mutually agreed upon but not to exceed three (3) years beyond the
fiscal year in which the contract is approved by the board and
accepted by the superintendent. The contract shall include all other
terms and conditions as agreed upon in writing by the board and the
superintendent.
*+,-11'121#+,, .;$(
C. The boards of two or more school districts may contract with
one superintendent to serve as superintendent of the school districts
as provided in Section 4 of this act.
D. No board of a school district having average daily membership
(ADM) of fewer than five hundred (500) pupils shall be prohibited
from allowing a superintendent to serve simultaneously as a
principal.
E. The chief executive officer of the board of education of a
district in which a public developmental research school is
established shall be the director of the school appointed as provided
in Section 1210.577 of this title.
Added by Laws 1971, c. 281, § 5-106, eff. July 2, 1971. Amended by
Laws 1985, c. 329, § 19, emerg. eff. July 30, 1985; Laws 1993, c.
257, § 10, emerg. eff. May 26, 1993; Laws 1997, c. 18, § 1, eff. Nov.
1, 1997; Laws 2003, c. 455, § 1, eff. July 1, 2003.
§70-5-106A. Employment contracts with more than one school district.
A superintendent, administrator, teacher, or person providing
support services may contract with more than one school district to
serve as superintendent, administrator, or teacher, as appropriately
qualified, or to provide support services for each contracting
district. The contract may be mutual with all the districts as
parties, or the contracts may be separate; provided, that a
superintendent, administrator, teacher, or person providing support
services may not enter into contracts with more than one school
district without the assent and knowledge of all the school districts
with which they are contracting. The districts who contract either
mutually or separately with a superintendent, administrator, or
teacher, or with a person to provide support services may enter into
agreements upon such terms and conditions as the parties may agree
and may include terms related to the division of payments for items
including, but not limited to, payment of benefits or travel for the
superintendent, administrator, teacher, or person providing support
services. Unless otherwise provided by contract, each district shall
pay into the Teachers’ Retirement System of Oklahoma the district’s
pro rata share of the payment required to be paid into the System on
behalf of the employee.
Added by Laws 2003, c. 455, § 4, eff. July 1, 2003.
§70-5-107. Repealed by Laws 1972, c. 216, § 3.
§70-5-107A. Boards of education of school districts - Membership -
Election procedure.
The following provisions and the provisions of Section 13A-101 et
seq. of Title 26 of the Oklahoma Statutes shall govern the election
of members of the board of education for a school district:
*+,-11'121#+,, .;$
A. For purposes of this section, temporary positions added to a
board of education pursuant to Section 7-101 or 7-105 of this title
and the chair of the board of education elected pursuant to Section 1
of this act shall not be considered in determining the size of the
board. The number and term of each board of education shall be as
follows:
District Members Term (Years)
Elementary 3 3
Independent
1. Districts having a five-member
board
5
5
2. Districts having a seven-
member board unless an
election is conducted
pursuant to subsection C of
this section
7
4
B. In all school districts, the members of the board of
education shall be elected as follows:
1. a. Between August 1 and December 31 of the year following
the submission by the United States Department of
Commerce to the President of the United States of the
official Federal Decennial Census, the board of
education shall reapportion the territory of the school
district into board districts. Beginning with the
reapportionment following the 1990 Federal Decennial
Census, all boundaries of board districts shall follow
clearly visible, definable and observable physical
boundaries which are based upon criteria established
and recognized by the Bureau of the Census of the
United States Department of Commerce for purposes of
defining census blocks for its decennial census and
shall follow, as much as is possible, precinct
boundaries. Board districts shall be compact,
contiguous and shall be as equal in population as
practical with not more than a ten percent (10%)
variance between the most populous and least populous
board districts.
b. School districts having fewer than one thousand eight
hundred (1,800) students in average daily membership
*+,-11'121#+,, .;$)
during the preceding school year may choose not to
establish board districts and may nominate and elect
all board members at large.
c. Elementary school districts shall have board members
elected at large.
d. A city located in an independent school district having
four or more wards and an outlying area with such
outlying area comprising no more than twenty percent
(20%) of the population of such independent school
district, then such independent school district may
adopt such wards and outlying area in lieu of the board
districts provided for in subparagraph a of this
paragraph, and at least one member of the board of
education of such independent school district shall be
a member of each ward; and
2. One member of the board of education shall be elected by the
electors of the school district to represent each such board
district. Provided, however, that in any school district where the
electors of each board district, rather than the electors of the
entire school district, elect board members to represent that board
district, that district shall elect board members in that manner.
If during the term of office to which a person was elected, that
member ceases to be a resident of the board district for which the
person was elected, the office shall become vacant and such vacancy
shall be filled as provided in Section 13A-110 of Title 26 of the
Oklahoma Statutes; and
3. In a school district having more than ten thousand (10,000)
children in average daily membership, the following provision and the
provisions of Section 13A-101 et seq. of Title 26 of the Oklahoma
Statutes shall control as to election of the members of the school
district's board of education:
a. There shall be held an election in which the electors
of each board district in which a term is expiring or
in which a vacancy exists shall select two candidates
from among the candidates for board member to represent
the board district,
b. If, in the election, one candidate has a majority of
all votes cast, then a run-off election is not
required. If no candidate receives a majority of all
votes cast, then the two candidates receiving the
greatest number of votes shall become the candidates
for the board district in the general election, and
c. At the run-off election, all of the electors of the
board district shall select one of the two candidates
as the member of the board of education representing
the board district.
*+,-11'121#+,, .;$!
C. Any seven-member board shall have the option of reducing its
board to a five-member board either after approval of a board
resolution or a vote of the electors of the school district to take
such action pursuant to Section 13A-109 of Title 26 of the Oklahoma
Statutes. The election pursuant to a vote of the electors of the
school district shall be called upon the submission of a petition
requesting the election signed by ten percent (10%) of the school
district electors in the school district, the percentage being
applied to the highest number of voters voting in a regular school
district election in the district in the preceding five (5) years as
determined by the secretary of the county election board, who shall
certify the adequacy of the number of signatures on the petition. If
the question is put before the voters of the district, such election
shall be held along with and at the same time and place as the next
school election if all requirements of Section 13A-101 et seq. of
Title 26 of the Oklahoma Statutes for such election are met.
After such resolution or election, the board shall reapportion
the district, determining by resolution or by lot which board member
offices shall be abolished at the end of the current board member's
term and which shall become one of the offices of the new board.
Election of the resulting board members shall be carried out
according to procedures stated in this section and Section 13A-101 et
seq. of Title 26 of the Oklahoma Statutes.
School board members currently serving in offices abolished
pursuant to this subsection shall continue serving until the end of
their current terms as at-large members.
D. Except for the chair of the board of education elected
pursuant to Section 1 of this act, offices of members of the board of
education shall be designated by consecutive numbers and shall
correspond with board districts when applicable.
E. Except for those members elected prior to July 1, 1992, the
terms of office of the members of a five-member board of education
shall commence on the first regular, special or emergency school
board meeting after the date of the annual school election and after
the member has been certified as elected:
Office No. 1 1991
Office No. 2 1992
Office No. 3 1993
Office No. 4 1994
Office No. 5 1995
The terms of office of the members of a seven-member board of
education shall be staggered, with one member being elected in 1991,
two members being elected in 1992, two members being elected in 1993
and two members being elected in 1994 and shall commence on the first
regular, special or emergency school board meeting after the date of
the annual school election and after the member has been certified as
elected; provided, in districts needing to elect two members in 1991
*+,-11'121#+,, .;$
to maintain a full complement of board members, two members shall be
elected in 1991, one for a full term and one for a one-year term, as
determined by the local board. If a seven-member board is formed
upon consolidation pursuant to Section 7-105 of this title, or upon
annexation pursuant to Section 7-101 of this title, the formation
agreement shall specify initial short terms as necessary to extend
until the beginning of the regular terms for seven-member boards
established herein.
Upon reduction of a seven-member board pursuant to subsection C
of this section, the terms of the five-member board shall be
staggered pursuant to this subsection.
One member of a three-member board of education shall be elected
each year, and the terms of office shall commence on the first
regular, special or emergency school board meeting after the member
has been certified as elected.
F. The term of office of each board member elected after July 1,
1992, shall commence on the first regular, special or emergency
school board meeting after the date of the annual school election and
after the member has been certified as elected. Board members
elected prior to July 1, 1992, may remain in office until their
successor is elected and seated pursuant to Sections 13A-101 through
13A-111 of Title 26 of the Oklahoma Statutes. The remaining term of
any member who completes the term for which the member was elected
but not wishing to serve until the successor of the member takes
office on the first regular, special or emergency school board
meeting after the successor has been certified as elected, shall be
filled by appointment by the remaining members of the board of
education.
Added by Laws 1972, c. 216, § 1. Amended by Laws 1979, c. 225, § 1,
eff. Oct. 1, 1979; Laws 1980, c. 186, § 1, emerg. eff. May 12, 1980;
Laws 1983, c. 295, § 1, emerg. eff. June 23, 1983; Laws 1989, c. 132,
§ 5, eff. June 1, 1990; Laws 1990, c. 257, § 1, eff. July 1, 1990;
Laws 1991, c. 3, § 4, eff. July 1, 1991; Laws 1991, c. 330, § 1; Laws
1992, c. 254, § 1, emerg. eff. May 22, 1992; Laws 1993, c. 45, § 3,
emerg. eff. April 9, 1993; Laws 1994, c. 360, § 5, eff. July 1, 1994;
Laws 1998, c. 124, § 1, eff. July 1, 1998; Laws 2000, c. 280, § 2,
emerg. eff. June 1, 2000.
§70-5-107B. Expansion of a board of education - Chair and other
positions.
A. The board of education of a district with an average daily
membership (ADM) of more than thirty thousand (30,000) students may
be expanded to add a member who shall be elected at large for a term
of four (4) years and who shall serve as chair of the board. The
chair of the board position may be added upon a majority vote of the
district board of education to add the position. If the board opts
to add the chair of the board position, the chair of the board shall
*+,-11'121#+,, .;$"
be elected at the next regular election of board members, held
pursuant to Section 13A-103 of Title 26 of the Oklahoma Statutes,
following the decision of the board.
B. The chair of the board of education shall possess the same
qualifications as required for other board members, shall assume
office as provided for other members of the board of education, shall
be a full, voting member of the board, and shall count for purposes
of a quorum or a majority, or other requirements based on number of
members on the board. The chair shall preside at all meetings of the
board of education in accordance with rules of parliamentary
procedure which have been adopted by a majority vote of the board,
provided that, in the absence of rules adopted by the board, the
chair shall determine and set forth the rules of parliamentary
procedure that shall apply at board meetings; assemble and control
the agenda for board meetings, provided that, upon approval of a
majority of the members of the board, an item shall be placed on the
agenda for the same or a subsequent meeting, in accordance with the
Oklahoma Open Meeting Act; appoint all committees whose appointment
is not otherwise provided for by law; and shall sign all warrants
ordered by the board of education to be drawn upon the treasurer for
school money. The chair of the board shall possess all powers
otherwise provided by law for a member of a board of education, all
powers provided by law for the president of a board of education, and
such other lawful powers as may be conferred upon the chair by
majority vote of the board. The chair shall receive compensation and
benefits as conferred upon other members of the district board of
education.
C. For a district in which a chair of the board has been
elected, the district board of education, during the meeting at which
the chair of the board assumes office, shall elect a vice-chair who
shall serve a one-year term and until a successor is elected and
qualified. The vice-chair shall perform all duties of the chair of
the board in case of the chair’s absence or disability. The board
shall also elect clerks and deputies as provided in Section 5-119 of
this title. The board shall not elect a president or vice president.
D. If a district board of education is expanded to include the
chair of the board position, the chair of the board position shall
not be abolished except by a majority vote of the voters of the
school district voting on such question at a special election called
for that purpose. The question may be presented only upon a
resolution adopted by three-fourths (3/4) of the board membership or
upon petition for an election on the question, that complies with the
requirements for petition and election set forth in Section 7-101 of
this title. If the question is approved, the chair of the board
position shall be abolished at the end of the term of the chair who
holds the office when the election is held or upon the chair’s
*+,-11'121#+,, .;$
resignation or vacancy of the office following the election on the
question.
Added by Laws 2000, c. 280, § 1, emerg. eff. June 1, 2000. Amended
by Laws 2001, c. 413, § 3, eff. July 1, 2001.
§70-5-108. Repealed by Laws 1989, c. 132, § 7, eff. June 1, 1990.
§70-5-109. Repealed by Laws 1972, c. 216, § 3.
§70-5-110. Instructional requirements for new board members -
Reimbursement for expenses - Agreement to attend when candidate files
notification and declaration - Registration fees.
A. A school district elector who is elected or appointed to be a
member of a school district board of education prior to January 1,
2014, shall obtain instruction on education issues in accordance with
rules promulgated by the State Board of Education. Except as
provided in subsection B of this section, at the time a school
district elector files a notification and declaration of candidacy
for the office of school district board of education membership or is
appointed to be a member of a school district board of education on
or after January 1, 2014, the elector shall agree and pledge in
writing that, within fifteen (15) months of election or appointment
as a member of the district board of education, the member will
complete at least twelve (12) hours of instruction on education
issues in the following areas: school finance; legal issues, which
include but are not limited to employment, due process, new laws, the
Oklahoma Open Records Act and the Oklahoma Open Meeting Act; and
duties and responsibilities, which include but are not limited to
special education and ethics, of district board of education members.
Each elector shall agree and pledge in writing to complete at least
one (1) hour of instruction in school finance, one (1) hour of
instruction in the Oklahoma Open Records Act and the Oklahoma Open
Meeting Act and one (1) hour of instruction in ethics. The remaining
hours may be satisfied by attending a two-day workshop to be held
within the state by the State Department of Education, by the
Oklahoma Department of Career and Technology Education, or by
attending workshops, seminars or classes which address the above-
mentioned subject matter, and which are sponsored by any organization
approved by the State Board of Education, including but not limited
to institutions of higher education. The State Board of Education
shall promulgate rules by which an organization or particular courses
offered by an organization may be approved for purposes of fulfilling
the instructional requirements set out in this section.
B. When an incumbent of a district board of education files a
notification and declaration of candidacy for reelection to the
district board of education, the member shall be required to agree
and pledge in writing that upon reelection the member will complete
*+,-11'121#+,, .;$$
six (6) hours of instruction, within fifteen (15) months of election,
including one (1) hour of instruction in school finance, one (1) hour
of instruction in the Oklahoma Open Records Act and the Oklahoma Open
Meeting Act and one (1) hour of instruction in ethics. The remaining
hours may be satisfied by attending a workshop, class or seminar
addressing the education issues set forth in subsection A of this
section.
C. The State Department of Education shall, immediately after
the annual elections of various district board of education members,
determine the members of the district boards of education pledged to
complete the instructional requirements established in subsections A
and B of this section, and shall notify the members of the time and
place where workshops, classes and seminars are to be conducted.
Upon completion of the instructional requirements, the certificate of
completion shall be included in the public records of the school
board's minutes. Each school board member, except for an incumbent
member, shall be required within fifteen (15) months following or
preceding election to complete the workshop established by subsection
A of this section or to attend twelve (12) hours of other state
workshops, classes or seminars conducted as instruction on the
subjects of school finance, legal issues, and the ethics, duties and
responsibilities of district board of education members, including at
least one (1) hour of instruction in school finance, one (1) hour of
instruction in the Oklahoma Open Records Act and the Oklahoma Open
Meeting Act and one (1) hour of instruction in ethics.
D. If a school board member, including an incumbent member, has
not satisfied the instructional requirements as set forth in this
section within fifteen (15) months of election, reelection or
appointment, the district board of education shall declare the seat
of the member vacant within sixty (60) days of the final date that
the member has to complete the requirements as indicated by receipt
of the certified notice from the State Board of Education as provided
for pursuant to Section 5-110.2 of this title and shall fill the
vacancy according to law. A school board member who is required to
vacate a school board seat pursuant to this subsection and Section 5-
110.2 of this title shall be ineligible to be reappointed to, to run
for reelection to or to hold that respective board seat on the school
district board of education or to run for election to or to hold any
other board seat on the board of education for a two-year period.
E. All government departments, agencies and institutions of this
state are directed to lend assistance as may be required by the State
Department of Education for the proper conduct and administration of
the workshops as authorized in subsection A of this section. The
State Department of Education shall maintain a permanent record of
the instructional hours and continuing education hours earned for
each district board of education member.
*+,-11'121#+,, .;$$
F. The State Department of Education, the Oklahoma Department of
Career and Technology Education, and, upon approval of the State
Board of Education, any organization or association representing
district boards of education in this state are authorized to charge
persons pledged to attend a workshop, class or seminar for purposes
of meeting the instructional requirements of this section, a
registration fee sufficient to defray the estimated costs of
presenting the workshop, class or seminar and to collect the fees at
the time of registration.
G. Any member of a district board of education or any individual
elected, certified as the elected member by the county election
board, but not sworn in and seated as a member of a district board of
education at the time of a workshop, class or seminar presented by
the State Board of Education, the Oklahoma Department of Career and
Technology Education, or an organization or association representing
district boards of education within the state who attends and
successfully completes a workshop, class or seminar as required by
subsection A or B of this section shall be reimbursed by the school
district in accordance with the travel reimbursement policy of the
district.
Added by Laws 1971, c. 281, § 5-110, eff. July 2, 1971. Amended by
Laws 1980, c. 231, § 1, eff. Oct. 1, 1980; Laws 1984, c. 132, § 1;
Laws 1986, c. 99, § 1, eff. Nov. 1, 1986; Laws 1989, 1st Ex. Sess.,
c. 2, § 26, emerg. eff. April 25, 1990; Laws 1990, c. 293, § 7, eff.
Sept. 1, 1990; Laws 1991, c. 180, § 1, emerg. eff. May 13, 1991; Laws
1992, c. 254, § 2, emerg. eff. May 22, 1992; Laws 1994, c. 360, § 6,
eff. July 1, 1994; Laws 2005, c. 472, § 4, eff. July 1, 2005; Laws
2008, c. 439, § 3, eff. July 1, 2008; Laws 2012, c. 192, § 1, emerg.
eff. May 7, 2012; Laws 2012, c. 354, § 4; Laws 2013, c. 17, § 1, eff.
July 1, 2013; Laws 2016, c. 356, § 2; Laws 2018, c. 163, § 1, eff.
Nov. 1, 2018.
NOTE: Laws 1990, c. 257, § 2 repealed by Laws 1991, c. 180, § 2,
emerg. eff. May 13, 1991 and Laws 1991, c. 335, § 36, emerg. eff.
June 15, 1991.
§70-5-110.1. Board members - Continuing education requirement.
A. In addition to the requirements of Section 5-110 of this
title, every member of a school district board of education elected
to a full term of office of five (5) years or more shall be required
to attend a minimum of fifteen (15) hours of continuing education,
each member elected to a full four-year term of office shall be
required to attend a minimum of twelve (12) hours of continuing
education, and each member elected to a full three-year term of
office shall be required to attend a minimum of nine (9) hours of
continuing education, prior to the date set for filing for reelection
to that respective board seat. The continuing education courses,
workshops, seminars, conferences, and conventions which shall satisfy
*+,-11'121#+,, .;$$$
the continuing education requirement shall be approved jointly by the
State Department of Education and the Oklahoma Department of Career
and Technology Education.
B. Local and state continuing education programs conducted
pursuant to the provisions of this section shall be held in all
regions of the state at institutions of higher learning, area
technology centers or other approved sites. Notice of such courses
and seminars shall be provided to all school board members and to the
public schools.
C. This section shall not apply to those school board members
who file for reelection prior to July 1, 1991.
D. If a school board member has not satisfied the continuing
education requirements of this section, the school district board of
education shall declare the seat of the member vacant within sixty
(60) days of the final date that the member has to complete the
requirements as indicated by receipt of the certified notice from the
State Board of Education as provided for pursuant to Section 5-110.2
of this title and shall fill the vacancy according to law. As
determined by the State Board of Education pursuant to Section 5-
110.2 of this title, failure by a board member to satisfy the
continuing education requirements of this section shall result in the
ineligibility of the member to be reappointed to, run for reelection
to or to hold that respective board seat on the school district board
of education or to run for election to or to hold any other board
seat on the board of education for a two-year period.
E. The State Department of Education, the Oklahoma Department of
Career and Technology Education, and any organization approved by the
State Board of Education, including but not limited to institutions
of higher education, may charge persons attending continuing
education courses a registration fee sufficient to defray the
estimated costs of presenting the course. The registration fees for
each course shall be announced prior to the date of such course.
F. Any member of a school district board of education who
attends and completes a course which satisfies in part or in full the
requirements of this section shall be reimbursed by the school
district for expenses incurred. In addition, a school district board
of education may reimburse members of the board of education for
expenses incurred in registering and attending board member training
programs or activities approved by the board which are in addition to
the minimum school board training requirements established by law.
Added by Laws 1989, c. 10, § 1, operative July 1, 1989. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 27, emerg. eff. April 25, 1990;
Laws 1990, c. 257, § 3, emerg. eff. May 23, 1990; Laws 1994, c. 360,
§ 7, eff. July 1, 1994; Laws 1996, c. 178, § 1, eff. July 1, 1996;
Laws 2001, c. 140, § 1, eff. July 1, 2001; Laws 2001, c. 414, § 9,
eff. July 1, 2001; Laws 2005, c. 472, § 5, eff. July 1, 2005; Laws
2008, c. 439, § 4, eff. July 1, 2008; Laws 2012, c. 192, § 2, emerg.
*+,-11'121#+,, .;$$(
eff. May 7, 2012; Laws 2016, c. 356, § 3; Laws 2018, c. 163, § 2,
eff. Nov. 1, 2018.
NOTE: Laws 2001, c. 33, § 71 repealed by Laws 2001, c. 414, § 14,
eff. July 1, 2001.
§70-5-110.2. Records of attendance at continuing education events –
Requirements not completed – Declaration of vacancy.
The State Board of Education shall maintain records of attendance
by school board members at continuing education events required
pursuant to Sections 5-110 and 5-110.1 of this title. Prior to the
final opportunity for each school board member who has not completed
the continuing education requirements to complete the same, the Board
shall notify the school board member and the school district
superintendent by mail before March 1 of each year of any final
opportunity to complete these requirements and the consequences of
not completing the requirements. Upon determining that a school
board member did not complete the continuing education requirements
of Sections 5-110 or 5-110.1 within the respective period of time,
the Board shall immediately notify by certified mail the school board
member and the school district superintendent and inform the member
of the violation of the continuing education requirements. The
school board member shall have sixty (60) days after the date of
receipt of the certified notice to complete the requirements. If the
school board member does not complete the requirements by the end of
the sixty-day time period, the
school district board of education is required to declare the seat of
that member vacant.
Added by Laws 1990, c. 284, § 2, eff. Sept. 1, 1990. Amended by Laws
2016, c. 356, § 4; Laws 2018, c. 163, § 3, eff. Nov. 1, 2018.
§70-5-111. Repealed by Laws 1994, c. 360, § 10, eff. July 1, 1994.
§70-5-112. Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-5-113. Relation by affinity or consanguinity - Prohibition.
A. Except as otherwise provided in this section, no person shall
be eligible to be a candidate for or serve on a board of education if
the person is currently employed by the school district governed by
that board of education or is related within the second degree by
affinity or consanguinity to any other member of the board of
education or to any employee of the school district governed by the
board of education. The purpose of this section is both to prohibit
persons who are related within the second degree by affinity or
consanguinity from serving simultaneously on the same board of
education of any school district of this state and to prohibit
persons who are related within the second degree of consanguinity or
affinity to an employee of a school district from serving on the
*+,-11'121#+,, .;$$
board of education governing the school district while such relative
is employed except as otherwise provided in this section.
B. If the relationship is based on affinity, the prohibitions in
this section shall not apply to prevent members of boards of
education who are serving on September 1, 1995, from serving the term
for which they were elected or from serving successive terms for
which they may be elected, unless it is the member's spouse who is a
member of the board of education or an employee of the school
district, then such prohibitions shall apply.
C. The prohibitions set forth in this section shall not apply
if:
1. The person related to the board member within the second
degree of affinity or consanguinity is employed as a substitute
teacher by the school district pursuant to the provisions of Section
6-105 of this title or as a temporary substitute support employee if
the school district has an Average Daily Membership (ADM) of less
than five thousand (5,000); or
2. The school district has an ADM of less than four hundred
(400), the board of education has adopted a policy providing for such
candidate eligibility and the board member who is related within the
second degree by affinity or consanguinity to any employee of the
school district governed by the board of education complies with the
provisions of subsection E of Section 5-113.1 of this title.
D. Any member of a board of education who violates the
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
Added by Laws 1971, c. 281, § 5-113, eff. July 2, 1971. Amended by
Laws 1992, c. 254, § 3, eff. Sept. 1, 1992; Laws 1994, c. 360, § 8,
eff. July 1, 1994; Laws 1995, c. 257, § 2, emerg. eff. May 25, 1995;
Laws 2009, c. 253, § 1, eff. July 1, 2009; Laws 2018, c. 65, § 1,
emerg. eff. April 23, 2018.
§70-5-113.1. Relation by consanguinity or affinity with school board
member prohibited in employment or contracts - Exemptions - Executive
sessions of board - Collective bargaining agreements.
A. Except as otherwise provided in this section, no person may
be employed or put under contract by a school district if that person
is related to a member of the board of education of that school
district within the second degree of consanguinity or affinity. A
teacher or employee already under contract to or otherwise employed
by the school district at the time the relationship is established
may continue in said employment. Except as otherwise provided, a
board member already serving at the time the relationship is
established may serve out the term for which the member was elected
but shall not be eligible to be a candidate for or serve successive
terms of office for which the member may be elected.
*+,-11'121#+,, .;$$)
B. The provisions of this section shall not prevent a board
member from serving successive terms of office if otherwise eligible
under the provision of Section 5-113 of this title. No member of the
board of education who has resigned from the board before the term of
the person has expired may be reappointed to the board to complete
the remainder of the term if a teacher or employee related to the
resigned member of the board within the second degree of
consanguinity or affinity was put under contract or otherwise
employed by the school district after the board member resigned.
C. The provisions of this section shall not prevent a person who
is related to a member of the board of education within the second
degree of consanguinity or affinity from being employed by the school
district as a substitute teacher pursuant to the provisions of
Section 6-105 of this title or as a temporary substitute support
employee if the school district has an Average Daily Membership (ADM)
of less than five thousand (5,000).
D. The provisions of this section shall not prevent a person who
is related to a member of the board of education within the second
degree of consanguinity or affinity from being employed by the school
district if the school district has an Average Daily Membership (ADM)
of less than four hundred (400) and the board of education has
adopted a policy providing for such employment.
E. Any member of a board of education who is related to a
teacher or other employee of the district within the second degree of
consanguinity or affinity shall not attend or participate in any
regular or executive session of the board held to consider any
personnel matter or litigation relating to said teacher or employee.
The member may vote on collective bargaining agreements or the
renewal of contracts as a group if the vote is necessary to form a
quorum of the board of education members. If more than one member of
the board of education is related to a teacher or employee, only the
minimum number of those members which is necessary to form a quorum
shall be allowed to vote. Each board of education so affected shall
adopt a written policy establishing procedures on when such a member
may vote on the renewal of contracts or collective bargaining
agreements.
F. Any member of a board of education who violates the
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
Added by Laws 1979, c. 192, § 1, emerg. eff. May 17, 1979. Amended
by Laws 1980, c. 87, § 1, emerg. eff. April 9, 1980; Laws 1982, c.
106, § 1, emerg. eff. April 6, 1982; Laws 1983, c. 106, § 1, emerg.
eff. May 10, 1983; Laws 1984, c. 296, § 43, operative July 1, 1984;
Laws 1989, c. 299, § 3, emerg. eff. May 24, 1989; Laws 1991, c. 317,
§ 1, emerg. eff. June 12, 1991; Laws 1992, c. 254, § 4, eff. Sept. 1,
1992; Laws 1994, c. 360, § 9, eff. July 1, 1994; Laws 1995, c. 322, §
*+,-11'121#+,, .;$$!
26, eff. July 1, 1995; Laws 2009, c. 253, § 2, eff. July 1, 2009;
Laws 2018, c. 65, § 2, emerg. eff. April 23, 2018.
§70-5-113.2. Board member involved in certain litigation may be
denied participation in executive sessions of school board.
Any school board member who, before serving or while serving on
the board of education, initiated litigation against the school
district, school board of education, or an individual board member of
the board of education on which he/she serves, or who is a governing
member of a group, organization, or entity that has authorized and
initiated litigation against that school district, school board of
education, or an individual board member of the board of education on
which he/she serves, may be excluded upon a majority vote of the
board members from any executive session where the litigation is
discussed or from any other form of participation in the board's
defense of the litigation, including any vote on issues related to
that legal action.
Added by Laws 1992, c. 254, § 5, emerg. eff. May 22, 1992.
§70-5-114. County treasurer as district treasurer - Local and
assistant local treasurer - Estimate of needs - Charge for services.
A. The county treasurer of each county shall be the treasurer of
all school districts in the county, except that the board of
education of a school district may appoint a local treasurer for the
school district and, in its discretion, an assistant local treasurer
of the district, each of whom shall serve at the pleasure of the
board for such compensation as the board may determine. The
assistant local treasurer may perform any of the duties and exercise
any of the powers of the local treasurer with the same force and
effect as if the same were done or performed by the local treasurer.
Before entering upon the discharge of the duties of the assistant
treasurer, the assistant treasurer shall give a bond in such amount
as the board of education may designate, with good and sufficient
sureties to be approved by the board, conditioned for the faithful
performance of his or her duties. A local treasurer or assistant
local treasurer need not be a resident of the school district where
appointed to serve, although any local treasurer or assistant local
treasurer shall be a resident of this state. Nothing herein shall
prevent a local treasurer or assistant local treasurer from being
appointed for more than one school district.
B. Whenever a county treasurer is designated as the treasurer
for a school district, the county treasurer may elect to charge for
such services. If charges are assessed, the treasurer shall prepare
a special estimate of needs each fiscal year, covering all
expenditures of the office on behalf of any school districts for
which the county treasurer serves as treasurer. The estimate for
treasurer services shall be itemized by personal services and
*+,-11'121#+,, .;$$
maintenance and operation expenditures and shall be filed with the
county excise board. In reviewing and approving this estimate, the
county excise board shall authorize and levy amounts for treasurer
services which in the judgment of the board will be sufficient to
perform the services. The board shall apportion the cost among the
school districts for which the treasurer services are to be charged
in the ratio which each school district's total appropriations for
the preceding year bears to the total appropriations of all such
school districts receiving treasurer services for the preceding year.
The amounts shall be included in, or added to, the estimates of needs
or budget of each such school district. The amount as approved and
appropriated by the county excise board shall be paid by the school
district, by appropriate warrants, to the county for deposit in the
county general fund.
Added by Laws 1971, c. 281, § 5-114, eff. July 2, 1971. Amended by
Laws 1980, c. 220, § 1, emerg. eff. May 30, 1980; Laws 1981, c. 175,
§ 1; Laws 1982, c. 4, § 1, operative July 1, 1982; Laws 1988, c. 90,
§ 14, operative July 1, 1988; Laws 1999, c. 327, § 4, eff. July 1,
1999.
§70-5-115. Local treasurer - Surety bond - Duties - Cash and
investment ledgers.
A. Unless the context clearly shows otherwise, the term
“treasurer”, as used in this section, includes a county treasurer
acting as the treasurer of a school district pursuant to the
provisions of Section 5-114 of this title. The treasurer so
appointed shall execute, before entering upon the duties of the
office of the treasurer, a surety bond in an amount which it is
estimated by the board of education the treasurer will have on hand
at any one time during the current year, and the amount of securities
held as investments shall not be considered. The board of education
is empowered to require the treasurer to increase or decrease the
bond of the treasurer as the amount of funds on hand may require.
Provided, the bond of a school district shall not, in any event, be
required to be in an amount greater than that of the county treasurer
of the county. The premium on the bond shall be paid by the board of
education out of district funds. Provided, however, the treasurer of
such district shall require the depository wherein school district
funds are deposited to insure or guarantee the deposit by proper
securities, which shall be of the same class of securities as are
required to insure deposits of county treasurers of the various
counties, and the securities shall be pledged, taken and kept in the
manner provided by Sections 517.1 through 517.7 of Title 62 of the
Oklahoma Statutes.
B. In all districts which are permitted by law to select a local
treasurer, the county treasurer shall act as treasurer thereof until
such time as a local treasurer shall be appointed and has executed
*+,-11'121#+,, .;$$"
the surety bond required by this section. In no instance in which
the county treasurer is the treasurer of any school district shall
any additional bond be required, but the official bond of the county
treasurer shall stand for any and all funds and securities coming
into the hands of the county treasurer.
C. The local treasurer of a district, when required by the board
of education, shall prepare and submit in writing a report of the
condition of the finances of the district and shall produce at any
meeting of the board or to any committee appointed for the purpose of
examining the accounts of the treasurer all books and papers
pertaining to the office of the treasurer. Upon failure to make
reports as provided for herein or as may otherwise be required by
law, the board may at any regular or special meeting thereof
summarily suspend the treasurer, and while so suspended the treasurer
shall perform no act pertaining to the office of the treasurer. Such
suspension shall continue until ended by order of the board or by
judgment of a court of competent jurisdiction.
D. The local treasurer of a school district shall keep a
separate cash ledger for each fund in the custody of the treasurer.
The local treasurer shall enter each collection and disbursement in
the cash ledger of the applicable fund by recording the date and
classification of each transaction and such other information as may
be deemed desirable. Additional ledgers shall also be maintained to
record the investments made from each fund. Such investment ledgers
shall disclose the date, description and principal amount paid for
each investment purchased and the date and principal amount received
for each investment liquidated.
E. Upon suspension by the board, the treasurer shall immediately
turn over to the board of education or to the acting treasurer if one
has been appointed by the board, all books and papers and other
property pertaining to the office of the treasurer.
F. Except as otherwise provided by law, no treasurer of any
district shall pay out school district funds in the care of the
treasurer except upon warrants signed by the proper school district
officials authorized by the law to sign such warrants, provided, this
restriction shall not apply to sinking funds or to the investment of
school district funds. Authorized sinking fund payments and payment
for investments or receipt of liquidated investments may be made by
check, wire transfer or other instrument or method through the
Federal Reserve System.
G. The board of education shall, each month, set aside funds to
an operating account and to an investment account. Investments by
the treasurer shall be made in accordance with a written policy
adopted by the board of education. The written investment policy
shall address liquidity, diversification, safety of principal, yield,
maturity, quality of the instrument, and capability of investment
management. Acting within the investment policy, the treasurer shall
*+,-11'121#+,, .;$$
place primary emphasis on safety and liquidity in the investment of
funds. Taking into account the need to use sound investment
judgment, school districts shall, to the extent practicable, use
competitive bids when they purchase direct obligations of the United
States Government or other obligations of the United States
Government, its agencies or instrumentalities. Such system shall be
designed to maximize yield within each class of investment
instrument, consistent with the safety of the funds invested. The
board of education must review the investment performance of the
treasurer on a regular basis and no less than each month. The
treasurer of every school district shall invest the full amount of
the investment account in:
1. Direct obligations of the United States Government to the
payment of which the full faith and credit of the Government of the
United States is pledged; provided, a treasurer of a school district
who has completed the program pursuant to the provisions of
subsection H of this section may invest funds in the investment
account in other obligations of the United States Government, its
agencies or instrumentalities;
2. Obligations to the payment of which the full faith and credit
of this state is pledged;
3. Certificates of deposits of banks when such certificates of
deposits are secured by acceptable collateral as in the deposit of
other public monies;
4. Savings accounts or savings certificates of savings and loan
associations to the extent that such accounts or certificates are
fully insured by the Federal Savings and Loan Insurance Corporation.
Provided, that the income received from the investments may be placed
in the general fund of the governmental subdivision to be used for
general governmental operations;
5. Repurchase agreements that have underlying collateral
consisting of those items specified in paragraphs 1 and 2 of this
subsection including obligations of the United States, its agencies
and instrumentalities, and where the collateral has been deposited
with a trustee or custodian bank in an irrevocable trust or escrow
account established for such purposes;
6. County, municipal or school district direct debt obligations
for which an ad valorem tax may be levied or bond and revenue
anticipation notes, money judgments against such county, municipality
or school district ordered by a court of record or bonds or bond and
revenue anticipation notes issued by a public trust for which such
county, municipality or school district is a beneficiary thereof.
All collateral pledged to secure public funds shall be valued at no
more than market value. The income received from an investment may
be placed in the general fund of the governmental subdivision to be
used for general governmental operations, the sinking fund, the
building fund, or the fund from which the investment was made;
*+,-11'121#+,, .;$(
7. Money market mutual funds regulated by the Securities and
Exchange Commission and which investments consist of obligations of
the United States, its agencies and instrumentalities, and
investments in those items and those restrictions specified in
paragraphs 1 through 6 of this subsection;
8. Warrants, bonds or judgments of the school district;
9. Qualified pooled investment programs, the investments of
which consist of those items specified in paragraphs 1 through 8 of
this subsection, as well as obligations of the United States agencies
and instrumentalities, regardless of the size of the district’s
budget. To be qualified, a pooled investment program for school
funds must be governed through an interlocal cooperative agreement
formed pursuant to Section 5-117b of this title, and the program must
competitively select its investment advisors and other professionals.
Any pooled investment program used must be approved by the board of
education; or
10. Investment programs administered by the State Treasurer.
H. The board of education is hereby empowered to require the
treasurer to satisfactorily complete an investment education program
approved by the State Board of Education and the State Board of
Career and Technology Education. Such program shall be designed to
allow treasurers to make informed decisions regarding the safety,
return, liquidity, costs and benefits of various investment options
allowed under this section.
I. The income received on an investment may be placed in the
fund from which the investment was made, the general fund, the
building fund, or the sinking fund.
Added by Laws 1971, c. 281, § 5-115, eff. July 2, 1971. Amended by
Laws 1985, c. 82, § 4, eff. Nov. 1, 1985; Laws 1986, c. 259, § 52,
operative July 1, 1986; Laws 1988, c. 90, § 15, operative July 1,
1988; Laws 1992, c. 211, § 11, eff. July 1, 1992; Laws 1999, c. 327,
§ 5, eff. July 1, 1999; Laws 2000, c. 136, § 15, eff. July 1, 2000;
Laws 2000, c. 334, § 7, eff. July 1, 2000; Laws 2001, c. 33, § 72,
eff. July 1, 2001; Laws 2012, c. 222, § 1.
NOTE: Laws 2000, c. 43, § 1 repealed by Laws 2000, c. 334, § 8, eff.
July 1, 2000.
§70-5-115a. Repealed by Laws 2004, c. 361, § 33, eff. July 1, 2004.
§70-5-115b. Expiration of treasurer’s term of office – Delivery of
check or warrant registers to successor – Agreement to pay interest
on checks or warrants not payable due to insufficient funds.
Upon the expiration of the term of office, the treasurer shall
deliver check or warrant registers to the succeeding treasurer, and
each successor in office shall act as though check or warrant entries
were registered by the successor, who shall continue registration of
all district checks or warrants. If a check or warrant cannot be
*+,-11'121#+,, .;$(
paid for want of sufficient funds, a district may enter into an
agreement not to extend beyond the current fiscal year with the
depository bank to honor payment of these checks at an annual rate of
interest as negotiated by the district and depository bank, which
shall not exceed a rate equal to five percent (5%) above the average
United States Treasury Bill rate of the preceding calendar year as
determined by the State Treasurer on the first regular business day
of each year.
Added by Laws 2004, c. 361, § 18, eff. July 1, 2004.
§70-5-116. Oath of Office.
Each member of the board of education and the treasurer and
assistant treasurer of a school district shall take and subscribe to
the following oath:
"I _____________________(Name of officer), hereby declare under
oath that I will faithfully perform the duties of_____________(Name
of position) of ________________________(Name of school district) to
the best of my ability and that I will faith fully discharge all of
the duties pertaining to said office and obey the Constitution and
laws of the United States and Oklahoma."
Added by Laws 1971, c. 281, § 5-116, eff. July 2, 1971.
§70-5-116a. Superintendent and officers – Employment requirement –
Surety bonds.
A. The superintendent and any financial officer of a school
district shall be required to furnish a surety bond in the penal sum
of not less than One Hundred Thousand Dollars ($100,000.00) or an
amount otherwise set by law or set by the State Board of Education,
to be approved as provided by law, and to assure the faithful
performance of the duties of the covered officer and employees.
B. Whenever the superintendent or any officer or other employee
of any school district is required to furnish a surety bond as a
prerequisite to employment as provided for in this section or any
other law, the requirement as to terms, conditions, penalty, amount
or quality or type of surety shall be deemed to mean the furnishing
of a separate bond or surety contract for each individual officer or
employee, or the furnishing of a "blanket bond". For purposes of
this section, “blanket bond” means a school district officer and
employees blanket position bond which covers all officers and
employees up to the penalty of the bond for each officer and employee
and the full penalty of the bond is always enforced during its term
and no restoration is necessary and there is no additional premium
after a loss is paid.
C. All surety bonds as required by this section or other laws
shall be furnished by a company duly qualified under the insurance
laws of this state and shall be purchased by the school district.
Each surety bond shall be payable to the school district and,
*+,-11'121#+,, .;$($
whenever possible, conditioned on the faithful performance of the
duties of the individuals covered during their employment or term of
office and that they will properly account for all monies and
property received by virtue of their position or employment.
Added by Laws 1994, c. 222, § 1, eff. Sept. 1, 1994. Amended by Laws
2009, c. 250, § 2, eff. July 1, 2009.
§70-5-117. Powers and duties.
A. The board of education of each school district shall have
power to:
1. Elect its own officers; provided that the chair of the board
authorized in Section 5-107B of this title shall be elected by the
electors of the school district;
2. Make rules, not inconsistent with the law or rules of the
State Board of Education, governing the board and the school system
of the district, including converting all or part of a traditional
public school to a conversion school;
3. Maintain and operate a complete public school system of such
character as the board of education shall deem best suited to the
needs of the school district;
4. Designate the schools to be attended by the children of the
district;
5. Provide and operate, when deemed advisable, cafeterias or
other eating accommodations, thrift banks or other facilities for the
teaching and practice of thrift and economy, bookstores, print shops,
and vocational and other shops;
6. Provide informational material concerning school bond
elections and millage elections, including but not limited to all
pertinent financial information relative to the bond issue, a
statement of revenue sources necessary to retire proposed bonds, a
statement of current bonded indebtedness of the school district, and
a statement of proposed use of funds to be generated by the proposed
bond issue. The informational material shall not contain the words
"vote yes" or "vote no" or any similar words or statement any place
on such informational material;
7. Purchase, construct or rent, and operate and maintain,
classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation
places and playgrounds, teacherages, school bus garages,
laboratories, administration buildings, and other schoolhouses and
school buildings, and acquire sites and equipment for the operation
of public schools or conversion schools;
8. a. Insure the school district or its employees against any
loss, damage or liability as defined by Sections 702
through 708 of Title 36 of the Oklahoma Statutes, or
other forms of insurance provided for in Title 36 of
the Oklahoma Statutes.
*+,-11'121#+,, .;$((
b. Subject to the restrictions of liability in the
Governmental Tort Claims Act:
(1) insure the school district against all or any part
of any liability it may incur for death, injury or
disability of any person, or for damage to
property, either real or personal,
(2) insure any employee of the school district against
all or any part of the employee's liability for
injury or damage resulting from an act or omission
in the scope of employment, or
(3) insure against the expense of defending a claim
against the school district or its employee,
whether or not liability exists on such claim.
c. As used in this subsection, "employee" means any person
who has acted in behalf of a school district, whether
that person is acting on a permanent or temporary basis
with or without being compensated or on a full-time or
part-time basis. Employee also includes all elected or
appointed officers, members of governing bodies of a
school district, and persons appointed, and other
persons designated by a school district to act in its
behalf.
d. The cost or premium of any such insurance is a proper
expenditure of the school district.
e. Any insurance authorized by law to be purchased,
obtained or provided by a school district may be
provided by:
(1) self-insurance, which may be, but is not required
to be, funded by appropriations to establish or
maintain reserves for self-insurance purposes.
Any self-insurance reserve fund shall be nonfiscal
and shall not be considered in computing any levy
when the school district makes its annual estimate
for needed appropriations,
(2) insurance in any insurer authorized to transact
insurance in this state,
(3) insurance secured in accordance with any other
method provided by law, or
(4) any combination of insurance authorized by this
section.
f. Two or more school districts or public agencies, by
interlocal agreement made pursuant to the Interlocal
Cooperation Act, may provide insurance for any purpose
by any one or more of the methods specified in this
section. The pooling of self-insured reserves, claims
or losses among governments as authorized in this
section shall not be construed to be transacting
*+,-11'121#+,, .;$(
insurance nor otherwise subject to the provisions of
the laws of this state regulating insurance or
insurance companies, except as to the provisions of
Section 607.1 of Title 36 of the Oklahoma Statutes.
Two or more school districts may also be insured under
a master policy or contract of insurance. Premium
costs may be set individually for each school district
or apportioned among participating school districts as
provided by the master policy or contract;
9. Acquire property by condemnation proceedings in the same
manner as land is condemned for railroad purposes. School district
funds may be used to erect buildings on leased land on which other
buildings have been erected prior to April 3, 1969, or on land which
is leased from a governmental entity;
10. Lease real or personal property to the state or any
political subdivision thereof or a not-for-profit entity operating
pursuant to Section 868 of Title 18 of the Oklahoma Statutes for
nominal cash consideration for so long as the use of the property by
the lessee substantially benefits, in whole or in part, the same
public served by the school district;
11. Dispose of personal or real property no longer needed by the
district by sale, exchange, lease, lease-purchase, sale and partial
lease back, or otherwise. Real property shall be conveyed pursuant
to a public sale, public bid, or private sale; provided however,
unless otherwise prohibited by law, the board of education of a
consolidated or annexed school district or any other school district
may convey real property to a local political subdivision or to an
educational institution within The Oklahoma State System of Higher
Education or to a housing authority formed pursuant to the provisions
of Section 1057 of Title 63 of the Oklahoma Statutes without
consideration. Prior to the sale of any real property, the board of
education shall have the real property appraised. The appraisal
shall be confidential until the real property is sold. When the real
property is sold, the board of education shall make the appraisal
available for public inspection. Prior to the conveyance of any real
property by private sale, the board of education shall have offered
the real property for sale by public sale or public bid. Any
conveyance of real property by private sale to a nonprofit
organization, association, or corporation to be used for public
purposes, unless for exchange, shall contain a reversionary clause
which returns the real property to the board of education upon the
cessation of the use without profit or for public purposes by the
purchaser or the assigns of the purchaser;
12. Purchase necessary property, equipment, furniture, and
supplies necessary to maintain and operate an adequate school system;
*+,-11'121#+,, .;$()
13. Incur all expenses, within the limitations provided for by
law, necessary to perform all powers granted by the provisions of
this section;
14. Contract with and fix the duties and compensation of
physicians, dentists, optometrists, nurses, attorneys,
superintendents, principals, teachers, bus drivers, janitors, and
other necessary employees of the district;
15. Establish a written policy for reimbursement of necessary
travel expenses of employees and members of the board. The policy
may include in-district travel from the site of employment assignment
which is necessary in the performance of employment duties. The
written policy shall specify procedures, contain documentation
requirements, and may include payment of meal expenses during
authorized travel on a per diem allowance basis rather than itemized
documentation;
16. Pay necessary travel expenses and other related expenses of
prospective employees for sponsored visits to the school district
pursuant to a written policy specifying procedures containing
documentation requirements equal to or greater than the requirements
specified by law for state employees in the State Travel
Reimbursement Act;
17. Provide for employees' leaves of absence without pay;
18. Exercise sole control over all the schools and property of
the district, subject to other provisions of the Oklahoma School
Code;
19. Allow district-owned school buses to be used for
transportation of students from other districts or educational
institutions while within the district on educational tours. This
shall not restrict the authority of the board to authorize any other
use of such buses which may now be permitted by law or rule of the
State Board of Education;
20. Enter into contractual agreements with the board of trustees
of a multicounty library system, as defined in Section 4-103 of Title
65 of the Oklahoma Statutes, a city-county library commission, as
defined in Section 152 of Title 65 of the Oklahoma Statutes, or a
rural single county library system, as defined in Section 1-104 of
Title 65 of the Oklahoma Statutes, on such terms as may be mutually
agreed, except no district board of education may enter into any
agreement under which the library services for the school would be
provided at any site other than the school site or which would result
in library services that do not meet accreditation standards as
required by law or rule;
21. Perform all functions necessary to the administration of a
school district in Oklahoma as specified in the Oklahoma School Code,
and in addition thereto, those powers necessarily implied but not
delegated by law to any other agency or official;
*+,-11'121#+,, .;$(!
22. Prepare and distribute at the expense of the school district
any and all material which has the purpose of informing the public
about district activities;
23. Solicit and accept any gift, grant, or donation of money or
property for the use of the school district. Any gift, grant, or
donation of money may be deposited in the general fund or building
fund of the school district; and
24. Pay necessary meal and lodging expenses of school district
students and sponsors involved in authorized school-sponsored
cocurricular activities. The board of education shall establish a
written policy for reimbursement of necessary meal and lodging
expenses of school district students and sponsors. The written
policy shall specify procedures, contain documentation requirements,
and designate the funds from which reimbursement may be made.
Reimbursement may be made from the General Fund.
B. The board of education of any school district may rent real
and personal property, if such items are necessary for the operation
of the school, and pay the rental charges for the usage during any
fiscal year, or portion thereof, out of appropriations made and
approved for current expense purposes during the fiscal year. Any
rental contract extending beyond June 30 of the fiscal year shall be
void unless it contains provisions for mutual ratification of renewal
pursuant to the conditions provided for in this subsection. It is
the intent of this subsection to authorize boards of education to
enter into lease contracts but not to incur any obligation against
the school district in excess of the income and revenue provided for
such purposes for the fiscal year in which the lease contract is
operative. Any lease or lease-purchase agreement entered into by any
board of education shall state the purchase price of real or personal
property so leased. The lease or lease-purchase shall not be
extended so as to cause payment of more than the original purchase
price of the real or personal property, plus interest not to exceed
the legal rate. When the purchase price plus interest has been paid,
the property shall belong to the lessee and the lessor shall deliver
a deed or bill of sale to the property to the lessee. When any real
or personal property has been leased or rented during any fiscal year
pursuant to the provisions of any contract which permits continuance
of the rental for the remainder of the fiscal year, the renting or
leasing of the property shall be continued for the remainder of the
fiscal year unless the board of education renting or leasing the same
certifies by proper resolution entered in the minutes of the board of
education that the continuance of the rental is unnecessary and
contrary to the public interest. Any lease-purchase agreement
entered into shall include the right of a school district to acquire
buildings, equipment or other facilities or discrete components
thereof or improve school sites through a lease-purchase agreement.
A school district may use proceeds derived from the sale of bonds as
*+,-11'121#+,, .;$(
authorized by Section 26 of Article X of the Oklahoma Constitution to
make lease-purchase payments, including interest, under a lease-
purchase agreement. For purposes of this subsection, the term
"acquired" as used in Section 26 of Article X of the Oklahoma
Constitution shall mean the possession, control, or power to dispose
of personal or real property.
C. The boards of education of two or more school districts may
enter into cooperative agreements and maintain joint programs
including, but not limited to, courses of instruction for handicapped
children, courses of instruction in music and other subjects,
practical instruction for trades and vocations, practical instruction
in driver training courses, and health programs including visual care
by persons legally licensed for such purpose, without favoritism as
to either profession. The revenues necessary to operate a joint
program approved in cooperative agreements, whether from federal,
state or local sources, including the individual contributions of
participating school districts, shall be deposited into a fund
separate from all other appropriated funds. The beginning fund
balance each year, combined with all actual revenues, including
collected and estimated revenues, must be appropriated before being
expended. Purchase orders shall be issued against available
appropriations and, once goods or services have been received, either
payable or nonpayable warrants shall be issued in payment of all
purchase orders. The fund shall be reported as a separate
appropriated fund in all the financial reports of the school district
which is chosen by the other school districts to keep the accounting
records of the joint program.
D. The boards of education of two or more school districts may
enter into a mutual contract or separate contracts with a
superintendent, administrator, or teacher or with a person to provide
support services, to serve as superintendent, administrator, or
teacher, as appropriately qualified, or to provide support services,
for each contracting district upon such terms and conditions as the
parties may agree. Nothing in this act shall be construed to
authorize or require annexation or consolidation of any school
districts or the closing of any school site except pursuant to law as
set forth in Section 7-101 et seq. of this title.
E. Any school district may operate or maintain a school or
schools on any military reservation which is within the boundaries of
the school district or which is adjacent to the school district, and
provide the instruction in the school or schools to children of
personnel on the military reservation and, in doing so, shall conform
to all federal laws and requirements.
F. The board of education of each school district shall adopt
and maintain on file in the office of the superintendent of schools
appropriate personnel policy and sick leave guide. The guide shall
be made available to the public.
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G. The board of education of any school district with an average
daily membership of thirty thousand (30,000) or more and all or part
of which school district is located in a county having more than five
hundred thousand (500,000) population according to the latest Federal
Decennial Census may contract with a public or private nonsectarian
entity for that entity to provide educational and administrative
services for the school district. The educational services provided
by a contracting entity may include but are not limited to the
delivery of instructional service in core and noncore academic
subjects to the students enrolled in the school district at one or
more school sites or parts of sites within the district pursuant to
the terms of an educational services contract. All educational
service providers and their employees and representatives and all
educational and administrative services provided under an educational
services contract shall be exempt from all statutes and rules
relating to schools, boards of education and school districts to the
same extent that a charter school is exempt under the Oklahoma
Charter Schools Act. For all purposes, including but not limited to
attendance, funding from all sources and accountability, all students
who are provided services by a contracting entity pursuant to an
educational services contract shall at all times be and remain
students of the school district.
Added by Laws 1971, c. 281, § 5-117, eff. July 2, 1971. Amended by
Laws 1972, c. 166, § 1, emerg. eff. April 7, 1972; Laws 1979, c. 184,
§ 1; Laws 1982, c. 143, § 1; Laws 1983, c. 189, § 1, emerg. eff. June
14, 1983; Laws 1987, c. 204, § 63, operative July 1, 1987; Laws 1988,
c. 90, § 16, operative July 1, 1988; Laws 1989, c. 315, § 57,
operative July 1, 1989; Laws 1990, c. 221, § 6, operative July 1,
1990; Laws 1991, c. 280, § 57, eff. July 1, 1991; Laws 1992, c. 111,
§ 2, emerg. eff. April 21, 1992; Laws 1993, c. 361, § 3, eff. July 1,
1993; Laws 1994, c. 362, § 4, eff. July 1, 1994; Laws 1995, c. 165, §
3, emerg. eff. May 2, 1995; Laws 1996, c. 121, § 1, eff. July 1,
1996; Laws 1998, c. 217, § 2, eff. July 1, 1998; Laws 1998, c. 365, §
8, eff. July 1, 1998; Laws 1999, c. 149, § 6, eff. July 1, 1999; Laws
1999, c. 327, § 1, eff. July 1, 1999; Laws 2000, c. 6, § 18, emerg.
eff. March 20, 2000; Laws 2000, c. 280, § 3, emerg. eff. June 1,
2000; Laws 2002, c. 483, § 2, eff. July 1, 2002; Laws 2003, c. 3, §
78, emerg. eff. March 19, 2003; Laws 2003, c. 173, § 2, eff. July 1,
2003; Laws 2003, c. 455, § 2, eff. July 1, 2003; Laws 2004, c. 71, §
1, eff. July 1, 2004; Laws 2005, c. 472, § 6, eff. July 1, 2005; Laws
2009, c. 250, § 3, eff. July 1, 2009; Laws 2010, c. 123 § 1, emerg.
eff. April 16, 2010; Laws 2013, c. 306, § 2, emerg. eff. May 16,
2013; Laws 2015, c. 166, § 1, eff. July 1, 2015; Laws 2016, c. 27, §
2, eff. July 1, 2016; Laws 2018, c. 149, § 1.
NOTE: Laws 1999, c. 244, § 1 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000. Laws 2002, c. 283, § 1 repealed by Laws
2003, c. 3, § 79, emerg. eff. March 19, 2003.
*+,-11'121#+,, .;$(
§70-5-117.1. Cooperative contracts.
The board of education of any school district in this state which
is contiguous to any other school district located in an adjacent
state is hereby authorized to enter into contracts with the board of
education of the school district located in the adjacent state for
the purpose of providing better educational opportunities for
students residing in both school districts. Such contracts may
provide for:
1. The transfer of students between the two school districts;
2. The payment and acceptance of transfer fees for students
transferred between the two school districts, the amount of which
will be agreed upon by the boards of education thereof;
3. The use of district-owned school buses to transport students
to and from the schools operated in the school districts; and
4. Such other cooperative agreements as will be necessary to
provide quality education for all students residing or attending
schools in the school districts.
Laws 1976, c. 38, § 1, eff. July 1, 1976. Amended by Laws 1990, c.
293, § 3, eff. Sept. 1, 1990.
§70-5-117.1a. Correctional facilities - Operation within restricted
school areas - Vote by board of education.
The board of education of a school district or a private school
may, through a majority vote of the board, allow a correctional
facility operated by the Department of Corrections, a county, a
municipality, or a private corporation to operate within the areas
restricted by Sections 563 and 563.1 of Title 57 of the Oklahoma
Statutes.
Added by Laws 1998, c. 290, § 6, eff. July 1, 1998.
§70-5-117.2. Additional authorization.
The State Board of Education is hereby authorized to adopt such
rules and regulations as may be necessary to assist any school
district located in this state in carrying out the provisions of
Sections 5-117.1 and 5-117.3 of this title.
Laws 1976, c. 38, § 2, eff. July 1, 1976. Amended by Laws 1990, c.
293, § 4, eff. Sept. 1, 1990.
§70-5-117.3. Average daily attendance.
Students who reside within the boundaries of a school district
located in this state, but who have attended school in a contiguous
school district located in an adjacent state, shall be included in
the average daily attendance of the school district located in this
state for the purpose of calculation and payment of all state aid and
for the distribution of all other revenue required by law to be
apportioned on an average daily attendance basis.
*+,-11'121#+,, .;$
Under no circumstances shall students who reside outside of the
State of Oklahoma be counted as ADM for the purpose of calculation of
State Aid in Oklahoma.
Laws 1976, c. 38, § 3, eff. July 1, 1976. Amended by Laws 1990, c.
293, § 5, eff. Sept. 1, 1990.
§70-5-117.4. School improvement plan.
A. Each local board of education shall, after convening an
advisory council that includes teachers and parents, and after
holding at least one public hearing, adopt a six-year school
improvement plan for the district. Each school improvement plan
shall include stated goals that clearly delineate educational
expectations, and shall be annually monitored and updated as
necessary. The alternative education plan for the school district as
required in subsection B of Section 1210.566 of this title shall be
included in the school improvement plan. The plan shall also include
a specific program of improvement through academic skill
reinforcement and/or remediation pursuant to the provisions of the
Oklahoma School Testing Program Act. The plan shall include an
evaluation of the instructional program in the basic skills areas as
specified in paragraphs 1 and 2 of subsection A of Section 11-103 of
this title and specific plans whereby schools within the district
will initiate the planning process of meeting or exceeding the
accreditation requirements in Section 3-104.4 of this title. The
six-year school improvement plan shall include a consideration of the
feasibility of participation in any programs which consist of state
exemption from educational-related statutes or rules.
B. As set forth in Section 1210.544 of this title, the State
Board of Education shall establish a process to identify schools in
the state that are consistently listed as persistently low-achieving
schools in accordance with subsection (g)(6) of Section 1003 of Title
I of the Elementary and Secondary Education Act of 1965 (ESEA), as
amended. A school district board of education with a school
identified as being among the persistently lowest-achieving schools
in the state shall, in addition to the requirements set forth in
Section 1210.544 of this title, submit an annual update to the school
improvement plan to the State Board of Education. The annual update
to the school improvement plan shall be submitted electronically.
C. The State Board of Education shall promulgate rules for
monitoring compliance with the provisions of this section by school
districts.
D. The State Department of Education shall provide training for
regional accreditation officers in alternative education program
compliance.
Added by Laws 1985, c. 329, § 17, emerg. eff. July 30, 1985. Amended
by Laws 1986, c. 259, § 64, operative July 1, 1986; Laws 1987, c.
186, § 2, eff. Nov. 1, 1987; Laws 1989, c. 315, § 58, operative July
*+,-11'121#+,, .;$
1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 39, emerg. eff. April 25,
1990; Laws 1995, c. 307, § 5, eff. July 1, 1995; Laws 2002, c. 289, §
2, eff. July 1, 2002; Laws 2012, c. 354, § 5.
§70-5-117.5. Employee health insurance plans.
A. The board of education of each school district in this state
shall provide a health insurance plan for the employees of the school
district. School districts may obtain health and dental insurance
coverage as provided for in the State and Education Employees Group
Insurance Act or may obtain other health insurance coverage. Any
school district that does not participate in the health and dental
insurance plans offered through the State and Education Employees
Group Insurance Act shall obtain health insurance coverage for the
employees which provides open enrollment, and provide for the
continuation of health insurance coverage, including supplemental
Medicare insurance coverage, for those district employees who retire
from said district after September 30, 1991, with a vested benefit in
the Teachers' Retirement System of Oklahoma. A retired person who
begins receiving benefits from the Teachers' Retirement System of
Oklahoma after September 30, 1991, who retires from a school district
that provides other health insurance coverage, and who elects to
continue said health insurance coverage shall pay to the school
district the premium rate for the health insurance minus an amount
equal to the premium rate of the Medicare supplement or the amount
determined pursuant to subsection (4) of Section 1316.3 of Title 74
of the Oklahoma Statutes, whichever is less, which shall be paid by
the Teachers' Retirement System of Oklahoma to the school district.
The school district shall remit to the health insurance coverage
provider the total premium due less any uncollected amounts payable
from retired school district employees or their qualified survivors.
B. A school district that participates in health insurance
coverage other than the health insurance plan offered by the State
and Education Employees Group Insurance Act shall not be required to
pay any portion of the premiums for the employees or the dependents
of the employees of said school district, except as may otherwise be
provided by law. Unless a school district negotiates an agreement
with its employees regarding health insurance pursuant to Sections
509.1 through 509.9 of this title, and to the extent that the
agreement provides for the members of the recognized bargaining unit,
a school district that participates in health insurance coverage
other than the health insurance plan offered by the State and
Education Employees Group Insurance Act is prohibited from acquiring
additional or supplemental health or dental insurance for any board
member, school superintendent or any other employee which is not
available to all employees of said district, and said school district
shall not pay a greater portion of the employee or dependent premium
for any health or dental insurance plan or plans provided by said
*+,-11'121#+,, .;$$
school district on behalf of any board member, school superintendent
or employee than that portion paid on behalf of all participating
employees of said district.
C. If a school district obtains health insurance coverage from a
source other than through the State and Education Employees Group
Insurance Act, the employees of the school district who would be
eligible to participate in the health and dental plans may require
the board of education of the school district to call an election to
allow said employees to vote as to whether the school district shall
participate in the health and dental insurance plans offered through
the State and Education Employees Group Insurance Act. Upon the
filing with the board of education of a petition calling for such an
election which is signed by no less than thirty percent (30%) of the
eligible employees of the school district, the board of education
shall call an election for the purpose of determining whether the
school district shall participate in the health and dental insurance
plans offered through the State and Education Employees Group
Insurance Act. The election shall be held within thirty (30) days of
the filing of the petition. If a majority of those eligible
employees voting at the election vote to participate in the health
and dental insurance plans offered through the State and Education
Employees Group Insurance Act, the board of education of the school
district shall apply for such participation within thirty (30) days
of the election.
D. If a school district does not have any health insurance
coverage of the type required by this section, that school district
shall immediately be enrolled in the health and dental insurance
plans offered through the State and Education Employees Group
Insurance Act.
E. A carrier providing health insurance coverage for employees
of a school district health insurance group which replaces a previous
carrier for such school district employees shall provide coverage for
each retired employee who is receiving a benefit or terminates
employment with a vested benefit from the Teachers' Retirement System
of Oklahoma and who is enrolled in the health insurance group by the
previous carrier at the time the previous carrier providing health
insurance coverage is replaced. Notwithstanding any provision in
this section to the contrary, any person who retires pursuant to the
provisions of the Teachers' Retirement System of Oklahoma prior to
May 1, 1993, or terminates service with a vested benefit, pursuant to
the provisions of the Teachers' Retirement System of Oklahoma prior
to May 1, 1993, may continue to participate in the health and dental
plans authorized by the provisions of the State and Education
Employees Group Insurance Act.
F. In the event a school district ceases to exist, the assets
and duties of said school district are transferred to one or more
other school districts, said other school district or districts do
*+,-11'121#+,, .;$(
not agree to employ all of the former employees of the school
district that is ceasing to exist, and said former employees who are
not being reemployed have rights under federal or state law to
continue group insurance coverage, the school district receiving all
or a portion of the assets and duties of the annexing school district
having the largest general fund revenue for the most recent preceding
fiscal year for which data is available shall provide group insurance
coverage to said former employees not being retained during the
period as required by law.
G. Any member of a district board of education who terminates
service on or after July 1, 2002, who has served ten (10) or more
years as a district board of education member in this state, and who
is participating at the time of termination in a health and/or dental
insurance plan offered by the school district, may elect upon
termination of such service to continue participation in the health
and/or dental insurance plan that the member was participating in at
the time of termination. The election provided in this subsection
shall be made within thirty (30) days from the date of the school
board member’s termination of service. The school board member shall
pay the full cost of the insurance premium for such after-termination
coverage at the rate and pursuant to the terms and conditions of such
health and/or dental plan.
Added by Laws 1988, c. 165, § 1, operative July 1, 1988. Amended by
Laws 1991, c. 219, § 1, emerg. eff. May 22, 1991; Laws 1993, c. 359,
§ 1, eff. July 1, 1993; Laws 2001, c. 151, § 1, eff. July 1, 2001.
§70-5-117.6. Regulation of dogs running at large.
The board of education of any school district which has property
that lies outside the boundaries of a municipality may regulate or
prohibit dogs from running at large on such property or on public
property within five hundred (500) feet of such property, and cause
the dogs to be impounded and may authorize the humane killing or
disposal of such dogs. The board of education may contract for the
control of such dogs.
Added by Laws 1996, c. 116, § 1, eff. Nov. 1, 1996.
§70-5-117a. Contracts for supplies, equipment or materials - Bidders
to provide information as to manufacturer and country of origin of
supplies, equipment and materials - Exemptions.
A. Any board of education for a school district may require each
bidder for a school district contract for supplies, equipment or
materials to provide information as to the manufacturer and country
of origin of any supplies, equipment or materials for the school
district as specified by labels attached to the supplies, equipment
or materials where such identification is required by federal or
state law.
*+,-11'121#+,, .;$
B. Any school district contract for the purchase of supplies,
equipment or materials may require the contractor to obtain from all
of his subcontractors information as to the manufacturer and country
or countries of origin of any such supplies, equipment or materials
provided to the school district as specified by labels attached to
the supplies, equipment or materials where such identification is
required by federal or state law.
C. The provisions of this section shall not apply to:
1. Component parts or accessories; or
2. The purchase of supplies, equipment or material by any board
of education, if such purchase is made through an open market
contract or a statewide contract executed by the Office of Management
and Enterprise Services.
Added by Laws 1992, c. 205, § 3, eff. July 1, 1992. Amended by Laws
2012, c. 304, § 597.
§70-5-117b. Interlocal cooperative agreements.
A. The boards of education of any two or more school districts
may enter into an interlocal cooperative agreement for the purpose of
jointly and comparatively performing any of the services, duties,
functions, activities, obligations or responsibilities which are
authorized or required by law to be performed by school districts of
this state. Two or more school districts may enter into an
interlocal cooperative agreement for the purpose of forming buying
pools and purchasing cooperatives. As used in this section,
"interlocal cooperative agreement" means an agreement which is
entered into by the boards of education of two or more school
districts pursuant to the provisions of this section. This section
shall not prohibit school districts from entering into cooperative
agreements authorized under Section 5-117 of this title or interfere
with existing cooperative agreements between school districts. If
the boards of education of any two or more school districts enter
into an interlocal cooperative agreement the following conditions may
apply:
1. An interlocal cooperative agreement shall establish a board
of directors which shall be responsible for administering the joint
or cooperative undertaking. The agreement shall specify the
organization, terms, and composition of, and manner of appointment
to, the board of directors and shall make provision for restructuring
or terminating the board upon partial or complete termination of the
agreement. The board of directors shall be selected by the board of
education of each contracting school district and may include but not
be limited to a board member, administrator or teacher from each
contracting school district. Vacancies in the membership of the
board of directors shall be filled within thirty (30) days from the
date of the vacancy in the manner specified in the agreement;
*+,-11'121#+,, .;$)
2. An interlocal cooperative agreement which is optional to
school districts and shall be effective only after it is approved by
the State Board of Education and the board of directors may be
designated as a local education agency for some or all state and
federal application, reporting and auditing procedures. An
interlocal cooperative board of directors that has been designated as
a local education agency shall comply with state and federal law and
the regulations of the State Board of Education;
3. An interlocal cooperative agreement shall be subject to
change or termination by a recommendation of the State Board of
Education;
4. The duration of an interlocal cooperative agreement for joint
or cooperative action in performing any of the services, duties,
functions, activities, obligations or responsibilities, other than
the provision of special education services, which are authorized or
required by law of school districts in this state, shall be for a
term of not less than one (1) year. Notice of intent of a school
district to withdraw from the cooperative agreement must be given no
later than March 15 for the ensuing school year;
5. An interlocal cooperative agreement shall specify the method
or methods to be employed for disposing of property upon partial or
complete termination of the agreement;
6. Within the limitations provided by law, an interlocal
cooperative agreement may be changed or modified by majority consent
of the interlocal cooperative board of directors;
7. Except as otherwise specifically provided in this section,
any powers, privileges or authority exercised or capable of being
exercised by any school district of this state, or by any board of
education thereof, may be jointly exercised pursuant to the
provisions of an interlocal cooperative agreement. Federal grant
money, applied for on behalf of a school district, may be disbursed
directly to a interlocal cooperative with the consent of the school
districts comprising the interlocal cooperative. No powers,
privileges or authority with respect to the levy and collection of
taxes or the application for or receipt of State Aid formula money,
or the issuance of bonds shall be created or effectuated for joint
exercise pursuant to the provisions of an interlocal cooperative
agreement; and
8. Payments from the general fund of each school district which
enters into any interlocal cooperative agreement for the purpose of
financing the joint or cooperative undertaking provided for by the
agreement shall be operating expenses.
B. Nothing contained in this section shall be construed to
abrogate, interfere with, impair, qualify or affect in any manner the
exercise and enjoyment of all the powers, privileges and authority
conferred upon school districts and boards of education by law,
except that boards of education and school districts are required to
*+,-11'121#+,, .;$!
comply with the provisions of this section when entering into an
interlocal cooperative agreement that meets the definition of an
interlocal cooperative agreement.
Added by Laws 1993, c. 120, § 1, eff. July 1, 1993. Amended by Laws
2003, c. 327, § 1, eff. July 1, 2003; Laws 2011, c. 121, § 1.
§70-5-118. Meetings of board - Change in date of regular meetings -
Compensation of members of boards of districts with ADA exceeding
15,000.
Regular meetings of the board of education of each school
district shall be held upon the first Monday of each month, or upon
such day as may be fixed by the board. Special meetings may be held
from time to time as circumstances may demand.
All meetings of the boards of education shall be public meetings,
and in all such meetings the vote of each member must be publicly
cast and recorded. Executive sessions will be permitted only for the
purpose of discussing the employment, hiring, appointment, promotion,
demotion, disciplining, or resignations of any or all of the
employees or volunteers of the school district, and for the purpose
of discussing negotiations concerning employees and representatives
of employee groups, and for the purpose of hearing evidence and
discussing the expulsion or suspension of a student or students only
when requested by the student involved or his or her parent,
attorney, or legal guardian; provided, however, that any vote or
action thereon must be taken in a public meeting with the vote of
each member publicly cast and recorded. It is required that the
board of education shall provide notice to the student, his or her
parent, attorney or legal guardian that said student is entitled to
an executive session regarding the discussion of expulsion or
suspension of said student.
Any action taken in violation of the provisions of this act shall
be invalid.
Each member of the board of education of a school district with
an average daily attendance exceeding fifteen thousand (15,000) or a
school district where boundaries encompass a total population
exceeding one hundred thousand (100,000) persons according to the
last preceding Federal Decennial Census may be paid from the
district's general fund a stipend of Twenty-five Dollars ($25.00) for
each regular, special or adjourned meeting of the board of education
that he or she attends, but not for more than four meetings in any
calendar month.
Added by Laws 1971, c. 281, § 5-118, eff. July 2, 1971. Amended by
Laws 1975, c. 101, § 1, emerg. eff. May 1, 1975; Laws 1977, c. 116, §
1; Laws 1987, c. 53, § 1, eff. Nov. 1, 1987; Laws 2005, c. 472, § 7,
eff. July 1, 2005.
*+,-11'121#+,, .;$
§70-5-119. Officers of board - Encumbrance clerk and minute clerk -
Bond.
A. Except for districts that elect a chair of the board pursuant
to Section 1 of this act, the board of education of each school
district shall elect from its membership at the first regular,
special or emergency meeting following the annual school election and
certification of election of new members, a president and vice
president, each of whom shall serve for a term of one (1) year and
until a successor is elected and qualified. The board shall also
elect a clerk and, in its discretion, a deputy clerk, either of whom
may be one of the members of the board, and each of whom shall hold
office during the pleasure of the board and each of whom shall
receive such compensation for services as the board may allow. If
the board elects a board clerk who is not one of the members of the
board, the board clerk may also be employed as the encumbrance clerk
and minute clerk. Provided, no superintendent, principal, treasurer
or assistant treasurer, instructor, or teacher employed by such board
shall be elected or serve as clerk or deputy clerk of the board nor
as encumbrance clerk or minute clerk except that a treasurer or
assistant treasurer may serve as a minute clerk. No board member
shall serve as encumbrance clerk or minute clerk. The deputy clerk
may perform any of the duties and exercise any of the powers of the
clerk with the same force and effect as if the same were done or
performed by the clerk. Before entering upon the discharge of the
duties of the deputy clerk, the deputy clerk shall give a bond in a
sum of not less than One Thousand Dollars ($1,000.00) with good and
sufficient sureties to be approved by the board conditioned for the
faithful performance of the duties of the deputy clerk.
B. The board of education shall employ an encumbrance clerk and
minute clerk, both functions of which may be performed by the same
employee. The encumbrance clerk shall keep the books and documents
of the school district and perform such other duties as the board of
education or its committees may require. The minute clerk shall keep
an accurate journal of the proceedings of the board of education and
perform such other duties as the board of education or its committees
may require. The board of education may designate a deputy minute
clerk. The deputy minute clerk may perform any of the duties and
exercise any of the powers of the minute clerk with the same force
and effect as if the same were done or performed by the minute clerk.
Before entering upon the discharge of the duties of the deputy minute
clerk, the deputy minute clerk shall give a bond in a sum of not less
than One Thousand Dollars ($1,000.00) with good and sufficient
sureties to be approved by the board conditioned for the faithful
performance of the duties of the deputy minute clerk. Before
entering upon the discharge of their duties, the encumbrance clerk
and minute clerk shall each give a bond in a sum of not less than One
Thousand Dollars ($1,000.00) with good and sufficient sureties to be
*+,-11'121#+,, .;$"
approved by the board conditioned for the faithful performance of
their duties. If both functions are performed by the same person
only one bond in a sum of not less than One Thousand Dollars
($1,000.00) shall be required.
Added by Laws 1971, c. 281, § 5-119, eff. July 2, 1971. Amended by
Laws 1988, c. 90, § 17, operative July 1, 1988; Laws 1989, c. 315, §
59, operative July 1, 1989; Laws 1990, c. 221, § 7, operative July 1,
1990; Laws 1992, c. 254, § 6, emerg. eff. May 22, 1992; Laws 2000, c.
280, § 4, emerg. eff. June 1, 2000.
§70-5-120. President - Duties.
It shall be the duty of the president to preside at meetings of
the board of education, to appoint all committees whose appointment
is not otherwise provided for, and to sign all warrants ordered by
the board of education to be drawn upon the treasurer for school
money.
Added by Laws 1971, c. 281, § 5-120, eff. July 2, 1971.
§70-5-121. Vice president - Duties.
It shall be the duty of the vice president to perform all of the
duties of the president in case of his absence or disability.
Added by Laws 1971, c. 281, § 5-121, eff. July 2, 1971.
§70-5-122. Clerk - Duties.
It shall be the duty of the clerk to countersign all warrants for
school monies drawn upon the treasurer by the board of education and
perform such other duties as required by law or as the board of
education or its committees may require.
The clerk of the board of education of any school district is
hereby authorized to destroy all claims, warrants, contracts,
purchase orders and any other financial records, or documents,
including those relating to school activity funds, on file or stored
in the offices of the board of education of such district for a
period of longer than five (5) years.
Amended by Laws 1988, c. 90, § 18, operative July 1, 1988.
§70-5-123. Noncontract expenditures – Limitations.
No expenditure involving an amount greater than Five Hundred
Dollars ($500.00) shall be made by a board of education except in
accordance with the provisions of a written contract or purchase
order.
Added by Laws 1971, c. 281, § 5-123, eff. July 2, 1971. Amended by
Laws 1982, c. 143, § 2; Laws 1985, c. 101, § 1, emerg. eff. May 28,
1985; Laws 1989, c. 300, § 16, operative July 1, 1989; Laws 1999, c.
86, § 1, eff. July 1, 1999.
§70-5-124. Board contracts prohibited - Exceptions.
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A. Except as otherwise provided in this section, no board of
education of any school district in this state shall make any
contract with any of its members or with any company, individual or
business concern in which any of its members shall be directly or
indirectly interested. All contracts made in violation of this
section shall be wholly void. A member of a board of education shall
be considered to be interested in any contract made with any company,
individual, or any business concern if the member of the board of
education or any member of the immediate family of the member owns
any substantial interest in same.
B. For purposes of this section, the following shall not be
considered the making of a contract:
1. Any contract with a qualified nonprofit Internal Revenue Code
501(c)(3) organization, except for contracts paying salaries or
expenses or except a contract involving the counseling or instruction
of students or staff;
2. Monthly billings submitted to any school district for public
utility companies, electric cooperatives or telephone companies,
whose services are regulated by the Oklahoma Corporation Commission,
or billings of the utility companies, electric cooperatives or
telephone companies pertaining to installations or changes in
service, where tariffs for the charges or billings by the companies
are on file with the Oklahoma Corporation Commission; and
3. The depositing of any funds in a bank or other depository.
C. 1. The governing board of a technology center school
district may enter into a contract for the technology center school
district to provide training for a company, individual or business
concern by which a member of the board is employed. A board member
shall abstain from voting on any such contract between the technology
center school district board and the company, individual or business
concern by which the member is employed.
2. A board of education may enter into a contract with a
company, individual, or business concern in which a board member or a
member's spouse is employed by or has a substantial interest if the
company, individual, or business concern is the only supplier having
a place of business located within the school district or within ten
(10) miles of the needed services or materials. The board member
shall abstain from voting on any such contract between the company,
individual, or business concern in which that member has a
substantial interest, and the minutes of the board meeting at which
the contract is approved shall state that the contract is being made
because of the lack of another supplier with a place of business
located within the school district.
3. A board of education which has entered into a lease-purchase
agreement, prior to the time a board member which has a substantial
interest in the company, individual, or business concern became a
member of the board of education, may, after the member becomes a
*+,-11'121#+,, .;$)
board member, continue to exercise any fiscal year options in the
lease-purchase agreement for renewal of the lease-purchase for the
balance of the contract term. The affected board member shall
abstain from voting on such fiscal year renewal of the continuation
of the lease-purchase agreement.
4. A board of education may enter into a contract with a
company, individual or business concern in which a board member or a
spouse of a member is employed and has no substantial interest if the
school district does not include any part of a municipality with a
population greater than two thousand five hundred (2,500) according
to the latest Federal Decennial Census and the company, individual or
business concern is located in the corporate limits of a municipality
which is in the boundaries of the school district.
D. A board member shall not be considered to be directly or
indirectly interested in any contract with a company, individual, or
business concern that employs such board member or the spouse of the
board member if the board member or the spouse of the board member
has an interest of five percent (5%) or less in the company,
individual, or business concern.
Added by Laws 1971, c. 281, § 5-124, eff. July 2, 1971. Amended by
Laws 1987, c. 102, § 2, emerg. eff. May 22, 1987; Laws 1992, c. 394,
§ 2, emerg. eff. June 10, 1992; Laws 1993, c. 118, § 1; Laws 1996, c.
341, § 4, eff. Nov. 1, 1996; Laws 1997, c. 317, § 4, emerg. eff. May
29, 1997; Laws 1998, c. 365, § 9, eff. July 1, 1998; Laws 2001, c.
33, § 73, eff. July 1, 2001.
NOTE: Laws 1993, c. 106, § 1 repealed by Laws 1993, c. 360, § 18,
eff. July 1, 1993.
§70-5-125. Liability for voting for false claim.
A. Every member of the board of education or board of county
commissioners who shall hereafter vote for the payment of any money
or transfer of any property belonging to the school district in
settlement of any claim known to such member to be fraudulent or
void, or in pursuance of any unauthorized, unlawful or fraudulent
contract or agreement made or attempted to be made, for any school
district, by any officer or officers thereof, and every person having
notice of the facts with whom such unauthorized, unlawful or
fraudulent contract shall have been made, or to whom, or for whose
benefit such money shall thereafter be paid, or such transfer of
property shall be made, shall be liable in damage to all innocent
persons in any manner injured thereby and shall be liable to the
school district affected for double the amount of all sums of money
so paid, and double the value of property so transferred, as a
penalty to be recovered by civil suit brought by the board of
education of such school district, or by any school district elector
thereof, as provided in Section 5-126 of this title.
*+,-11'121#+,, .;$)
B. Any member of a board of education of a school district who
votes for the payment of any money or transfers any property
belonging to the school district in settlement of any claim known to
such member to be fraudulent, void or in pursuance of any
unauthorized, unlawful or fraudulent contract or agreement made or
attempted to be made for any such district shall be guilty of a
misdemeanor. Every person having notice of the facts with whom any
unauthorized, unlawful or fraudulent contract shall have been made or
to whom or for whose benefit such money or property shall have been
or thereafter will be paid shall be guilty of a misdemeanor. Upon
conviction of a misdemeanor described in this section, the person
shall make full restitution of all monies and/or property
misallocated and be punished by a fine of not less than One Thousand
Dollars ($1,000.00) or by imprisonment in the county jail for not to
exceed one (1) year, or by both such fine and restitution and
imprisonment and if such person is a member of a board of education,
shall be removed from office pursuant to Section 1181 et seq. of
Title 22 of the Oklahoma Statutes or Section 91 et seq. of Title 51
of the Oklahoma Statutes.
C. Such illegal payment of money shall include, but shall not be
limited to, salaries or any compensation paid to any person for
teaching or performing other services for the district when such
person does not have a written contract required by law or does not
hold a valid certificate as required by law or by rules and
regulations of the State Board of Education for the subjects taught
or services performed and which is valid for the entire time for
which such person has been paid. Any person receiving an illegal
payment knowing or having reasonable cause to believe such payment to
be illegal shall be guilty of a misdemeanor and shall be subject to
the punishment prescribed in subsection B of this section.
Laws 1971, c. 281, § 5-125, eff. July 2, 1971; Laws 1991, c. 236, §
7, eff. Sept. 1, 1991.
§70-5-126. Refusal, failure or neglect of board - Elector may
institute action.
Upon refusal, failure or neglect of the board of education of any
school district, after written demand made upon them by ten school
district electors of such school district, or by the State Board of
Education, either to return the money or to institute and diligently
prosecute the proper proceedings at law or in equity for the recovery
of any money or property belonging to such district, paid out or
transferred by any officer thereof, in pursuance of any unauthorized,
unlawful, fraudulent or void contract, made or attempted to be made
by the board of education of any such school district, or for the
penalty provided in Section 5-125 of this title, any school district
elector of the school district affected by such payment or transfer,
may, in the name of the State of Oklahoma as plaintiff, institute and
*+,-11'121#+,, .;$)$
maintain any proper action at law or in equity which the board of
education of the school district might institute and maintain, for
the recovery of such property or for said penalty, for the benefit of
the district, and any judgment thus obtained shall provide for
payment of attorney fees and court costs to the prevailing party.
Laws 1971, c. 281, § 5-126, eff. July 2, 1971; Laws 1991, c. 236, §
8, eff. Sept. 1, 1991.
§70-5-127. Repealed by Laws 1994, c. 92, § 3, emerg. eff. April 21,
1994.
§70-5-127.1. Release of audit to public.
Except for audits requested by a prosecutorial agency, the
findings of an audit performed on any school district by any state
agency, or on behalf of or at the direction of any state agency,
shall be discussed with the members of the board of education and the
superintendent or a designee of the affected school district at least
fourteen (14) days prior to the release of the audit to the public.
Added by Laws 1999, c. 327, § 2, eff. July 1, 1999.
§70-5-128. Annual statistical and financial reports.
Boards of education of all school districts are hereby required
to make annual statistical and financial reports to the State Board
of Education. The statistical report shall be made as of June 30.
Each of such reports shall be filed with the State Board of Education
as soon as information is available following the effective date of
such reports.
Laws 1971, c. 281, § 5-128, eff. July 2, 1971; Laws 1993, c. 239, §
27, eff. July 1, 1993.
§70-5-128.1. Annual itemized expenditure budget and request for
appropriated funds and estimate of revenues.
No later than October 1 of each year the board of education of
each school district shall file with the State Board of Education an
itemized expenditure budget and request for state appropriated funds
for the ensuing fiscal year, and an estimate of the revenues from all
sources to be received by the district during the ensuing fiscal
year.
Added by Laws 1986, c. 105, § 1, emerg. eff. April 5, 1986. Amended
by Laws 2006, c. 75, § 2, emerg. eff. April 21, 2006.
§70-5-128.2. Electronic transmission of reports, plans or grants.
A. The State Board of Education shall not require school
districts to submit a written paper copy of any documents that are
filed electronically with the Board in a format that is compatible
with the State Department of Education computer system.
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Any correspondence between the State Department of Education and a
school district concerning an electronically filed report, plan or
grant, may also be conducted by electronic transmission. If a
signature is required on any electronically filed document, a
facsimile signature shall be submitted with the document.
B. Nothing in this section shall prohibit a school district from
filing any reports with the State Department of Education in a
written paper format.
Added by Laws 2001, c. 242, § 3, eff. July 1, 2001.
§70-5-129. School activity fund - Control - Accounts - Disbursements
- Petty cash accounts - Custodian - Bond - Investment of funds -
Refund subaccount.
A. The board of education of each school district shall exercise
control over all funds and revenues on hand or hereafter received or
collected, as herein provided, from student or other extracurricular
activities or other revenue-generating sources listed in subsection B
of this section that are conducted in the school district. Such
funds shall be deposited to the credit of the account maintained for
the benefit of the particular activity within the school activity
fund. Deposits of funds subject to the requirements of this section
shall be made by the end of the next business day; however, if the
deposit for a day totals less than One Hundred Dollars ($100.00), a
school district may accumulate monies required to be deposited into
the fund on a daily basis until the total accumulated balance of
deposits equals or exceeds One Hundred Dollars ($100.00). Provided,
a school district shall deposit accumulated monies into the fund not
less than one (1) time per week, regardless of whether the monies
total One Hundred Dollars ($100.00). Disbursements from each of the
activity accounts shall be by check countersigned by the school
activity fund custodian and shall not be used for any purpose other
than that for which the account was originally created. The board of
education, at the beginning of each fiscal year and as needed during
each fiscal year, shall approve all school activity fund subaccounts,
all subaccount fund-raising activities and all purposes for which the
monies collected in each subaccount can be expended. Provided, the
board of education may direct by written resolution that any balance
in excess of the amount needed to fulfill the function or purpose for
which an account was established may be transferred to another
account by the custodian.
B. The board of education of each school district may designate
that any of the following revenue be deposited for the use of
specific school activity accounts, or to a general activity fund
within the school activity fund:
1. Admissions to athletic contests, school or class plays,
carnivals, parties, dances and promenades;
2. Sale of student activity tickets;
*+,-11'121#+,, .;$)
3. Concession sales, including funds received from vending
concession contracts and school picture contracts approved by the
district board of education, and cafeteria or luncheon collections;
4. Dues, fees and donations to student clubs or other
organizations, provided that membership in such clubs or
organizations shall not be mandatory;
5. Income or revenue resulting from the operation of student
organizations or club projects, provided, such revenue is not derived
from the lease, rental or sale of property, supplies, products or
other assets belonging to the school district. When approved by the
board of education, student organizations or club projects may
include fund-raising activities, the revenues from which may be used
for the purpose of purchasing goods or services otherwise considered
to be general fund expenditures;
6. Deposits for or collections for the purchase of class
pictures, rings, pins, announcements, calling cards, annuals,
banquets, student insurance and other such personal items; provided
the cost of such items shall not be charged against other school
funds; and
7. Other income collected for use by school personnel and other
school-related adult functions.
C. The board of education of each district may establish petty
cash accounts to be used only for the purpose of making small cash
expenditures, such as postage, freight or express charges; provided,
no single expenditure from a petty cash account shall be made in
excess of Seventy-five Dollars ($75.00), and the total expenditures
during any one (1) fiscal year shall not exceed Two Thousand Five
Hundred Dollars ($2,500.00) per school building. The school activity
fund custodian shall initiate petty cash accounts by filing a claim
against the general fund of the school district for the authorized
amount of each petty cash account which shall not exceed Two Hundred
Dollars ($200.00) per school building. The general fund warrants
issued in payment of said claim shall be deposited in a "Petty Cash
Account" in the school activity fund.
All disbursements from the petty cash accounts shall be made in
the same manner as other disbursements from the school activity fund,
except no disbursement shall be made from a petty cash account unless
a prenumbered, dated receipt be obtained and signed by the person
receiving payment. A school board may designate a petty cash
custodian to countersign petty cash checks in place of the activity
fund custodian. The school activity fund custodian shall file claims
against the general fund of the school district for reimbursement of
a petty cash account whenever the need shall arise. Such claims
shall be itemized in the same manner as other claims filed against
the general fund and shall have attached thereto the receipts
covering each of the expenditures claimed for reimbursement. The
total of a petty cash account balance and the receipts on hand
*+,-11'121#+,, .;$))
awaiting reimbursement should equal at all times the authorized
amount of a petty cash account.
None of the provisions pertaining to a petty cash account shall
be construed to authorize the use of one (1) fiscal year's fund to
pay obligations of another fiscal year. Any remaining balance in
each petty cash account shall be transferred to the general fund on
or before June 30 of each year.
D. The State Board of Education shall adopt appropriate rules
and regulations and design standard forms for the proper conduct of
the various school activity accounts.
E. The school activity fund custodian and the petty cash
custodian shall be appointed by the board of education of the school
district. The school activity fund custodian and the petty cash
custodian shall give a surety bond in an amount determined by the
board of education, but not less than One Thousand Dollars
($1,000.00). The premium of the surety bond shall be paid from the
school activity fund or the general fund.
F. The local board of education is hereby authorized to invest
activity funds as it determines appropriate. Upon direction of the
local board of education, the custodian of the activity fund shall
invest activity funds in any or all of the investments permitted and
listed in Section 5-115 of this title.
G. The board of education of a school district may establish, by
board resolution, a general fund refund subaccount within the school
activity fund. The balance in the subaccount shall be determined by
need, and it shall be funded by refunds and reimbursements received,
including but not limited to, rental income, reimbursements for lost
and damaged textbooks, summer school and adult tuition, overpayments
and tax refunds, as well as transfers, by treasurer's check, from the
school district general fund. The subaccount may be expended only
for the refund of revenues previously received and deposited either
into the subaccount or directly into the general fund. Any remaining
balance in the refund subaccount shall be transferred to the school
district general fund on or before June 30 of each year.
H. The board of education of a school district may authorize the
custodian of the school activity funds to provide cash advances to
the sponsors for travel expenses on behalf of school district
students and sponsors of certain school activities. The cash
advances may only come from the school activity fund subaccount
directly involved in the travel of such students or sponsor and only
if the travel is one of the stated functions or purposes for the
establishment of the subaccount. Receipts for all expenditures of
the cash advances shall be kept and turned in to the custodian of the
school activity fund following said trip.
I. Any invoice submitted to a school district which is to be
paid from a school activity fund and is for payment of an authorized
expenditure in an amount equal to or greater than the threshold
*+,-11'121#+,, .;$)!
amount stated in Section 310.9 of Title 62 of the Oklahoma Statutes
shall conform to the requirements set forth in that section.
Added by Laws 1971, c. 281, § 5-129, eff. July 2, 1971. Amended by
Laws 1974, c. 234, § 30, emerg. eff. May 17, 1974; Laws 1977, c. 222,
§ 1, eff. Oct. 1, 1977; Laws 1981, c. 127, § 1, emerg. eff. May 4,
1981; Laws 1981, c. 353, § 1; Laws 1988, c. 90, § 19, operative July
1, 1988; Laws 1990, c. 221, § 8, operative July 1, 1990; Laws 1993,
c. 45, § 1, emerg. eff. April 9, 1993; Laws 1995, c. 205, § 2, eff.
July 1, 1995; Laws 1999, c. 173, § 1, eff. July 1, 1999; Laws 2000,
c. 116, § 1, eff. July 1, 2000; Laws 2002, c. 283, § 2, eff. July 1,
2002; Laws 2003, c. 290, § 2; Laws 2004, c. 361, § 19, eff. July 1,
2004; Laws 2005, c. 472, § 8, eff. July 1, 2005.
§70-5-129.1. Funds exempted from provisions of Section 5-129 of this
title.
Those funds which are collected by programs for student
achievement and by parent-teacher associations and organizations that
are sanctioned by the school district board of education shall be
exempt from the provisions as outlined in Section 5-129 of this
title. Each school district board of education shall adopt policies
providing guidelines for the sanctioning of organizations and
associations exempted or applying to be exempted pursuant to the
provisions of this section. The guidelines may include but not be
limited to examinations of financial and performance audits performed
on each such organization and association.
Added by Laws 1984, c. 296, § 26, operative July 1, 1984. Amended by
Laws 1993, c. 45, § 2, emerg. eff. April 9, 1993; Laws 1994, c. 70, §
1, eff. July 1, 1994; Laws 1996, c. 99, § 1, eff. July 1, 1996.
§70-5-129.2. Separate accounts - Disbursements - Approval by boards
of education - Transfer of funds.
A. In conformance with any other law providing procedures for
the deposit of such funds, area school districts shall be authorized
to establish separate accounts for deposits received for live work,
resale items, student financial aid, tuitions and other fees. Such
funds shall be deposited to the credit of the account maintained for
that particular purpose. Disbursements from each account shall be by
check countersigned by the custodian of the account and shall not be
used for any purpose other than that for which the account was
originally created.
B. The board of education of the technology center school
district, at the beginning of each fiscal year and as needed during
each fiscal year, shall approve all accounts created pursuant to this
section and all purposes for which the monies collected in each
account may be expended. Provided, the board of education may direct
by written resolution that any balance in excess of the amount needed
*+,-11'121#+,, .;$)
to fulfill the function or purpose for which an account was
established may be transferred to another account by the custodian.
Added by Laws 1990, c. 221, § 9, operative July 1, 1990. Amended by
Laws 2001, c. 33, § 74, eff. July 1, 2001.
§70-5-129.3. Short title - Patriotic Access to Students in Schools
Act (PASS Act).
This act shall be known and may be cited as the "Patriotic Access
to Students in Schools Act (PASS Act)".
Added by Laws 2017, c. 176, § 1.
§70-5-130. School buildings and property - Permission to use for
other purposes.
A. The board of education of any school district may, under such
regulations and conditions as it may prescribe, encourage increased
community involvement in the public schools. These regulations and
conditions may include:
1. Open any school building and permit the use of any property
belonging to such district for religious, political, literary,
community, cultural, scientific, mechanical, agricultural or parental
involvement purposes, and other purposes of general public interest
including the provision of public library services pursuant to
agreements with governing boards or commissions of public libraries
or library systems;
2. Contract to provide transportation equipment as defined in
Section 9-104 of this title for any purpose specified in paragraph 1
of this subsection; and
3. Make a reasonable charge to cover the cost of the use of such
building, property or transportation equipment.
B. The State Board of Education shall encourage each board of
education to inquire into and promote the use of its school buildings
and property for the purposes provided in subsection A of this
section for such activities both before and after regular school
hours.
C. Any youth group listed in Title 36 of the United States Code
as a patriotic society shall be allowed the use of any school
building or property to provide services allowing students to
participate in activities provided by the groups at times other than
instructional time during the school day.
Added by Laws 1971, c. 281, § 5-130, eff. July 2, 1971. Amended by
Laws 1989, c. 30, § 1, emerg. eff. April 4, 1989; Laws 1989, 1st Ex.
Sess., c. 2, § 33, emerg. eff. April 25, 1990; Laws 1990, c. 257, §
4, emerg. eff. May 23, 1990; Laws 1994, c. 362, § 5, eff. July 1,
1994; Laws 2017, c. 176, § 2.
§70-5-131. Educational courses - Buildings and equipment.
*+,-11'121#+,, .;$)"
The board of education of every school district in this state is
hereby authorized to provide educational courses for all persons and
said board is authorized to provide necessary buildings, equipment,
and other facilities for such persons. Such educational courses may
include grades one to twelve, inclusive, for persons between the ages
of six (6) and twenty-one (21) years and may also include nursery and
kindergarten classes, junior college grades, vocational and technical
instruction, adult and part-time classes and other special classes.
The curricula and qualifications of teachers shall be determined by
the State Board of Education except as otherwise provided herein.
Provided, any district offering educational courses shall charge
tuition fees for such courses unless the school district has funds
available to pay the cost thereof which are not needed to maintain
the common school program.
Laws 1971, c. 281, § 5-131, eff. July 2, 1971.
§70-5-131.1. Sewage disposal systems.
The board of education of any school district, which by reason of
its location is unable to secure service from a municipally owned
sewer system, is hereby authorized to design, construct, own and
operate a sewage disposal system of such type and size as will be
best suited to the needs of the particular school district. The
board of education of any such school district is also authorized to
accept from the state, federal government, or any agency, department
or instrumentality of either, grants for or in aid of the
construction and engineering of any such sewage disposal system.
Laws 1977, 1st Ex.Sess., c. 1, § 25, emerg. eff. June 21, 1977.
§70-5-131.2. Energy conservation contracts.
A. As used in this section, "energy conservation measures" means
one or more of the following items:
1. Insulation of the building structure or systems within the
building;
2. Storm windows or doors, caulking or weather-stripping,
multiglazed windows or doors, heat-absorbing or heat-reflective,
glazed, and coated window or door systems, additional glazing,
reductions in glass area, or other window and door system
modifications that reduce energy consumption;
3. Automatic or computerized energy control systems;
4. Heating, ventilating or air conditioning system modifications
or replacements;
5. Replacement or modification of lighting fixtures to increase
the energy efficiency of the lighting system, but not for the sole
purpose of increasing the overall illumination of a facility, unless
an increase in illumination is necessary to conform to the applicable
state or local building codes for the lighting system after the
proposed modifications are made;
*+,-11'121#+,, .;$)
6. Indoor air quality improvements;
7. Energy recovery systems;
8. Energy awareness education programs; and
9. Water-metering devices that increase efficiency or accuracy
of water measurement and reduce energy consumption.
B. The board of education of any school district in compliance
with the provisions of this section, may enter into an energy
conservation contract for the purpose of implementing energy
conservation measures designed to reduce the energy consumption of
school facilities.
C. 1. The board of education shall require the provider of the
energy conservation measures to file with the board of education a
performance bond that is in an amount the board finds reasonable and
necessary to protect the interests of the board and that covers the
value of the guaranteed savings on the contract and is conditioned on
the faithful execution of the terms of the contract.
2. If bonding industry limitations prevent execution of a
performance bond which covers guaranteed savings for the entire term
of the lease-purchase agreement the contract may allow an option for:
a. a performance bond which covers guaranteed savings for
a shorter term. At the completion of the bond term, a
new bond may be executed which covers guaranteed
savings for an additional period of years. This
process may be continued in like manner for the
duration of the lease-purchase agreement as specified
by subsection D of this section, or
b. a performance bond which covers guaranteed savings for
a shorter term. At the completion of the bond term, if
the bond cannot be renewed as provided in subparagraph
a of this paragraph and if there has been a guaranteed
savings shortfall during the last twelve (12) months,
the board of education may assume a continued annual
shortfall of the same amount and request repayment from
the contractor of the net present value of the
shortfall through the end of the lease repayment
period. The discount factor to calculate the net
present value shall be the annual percentage rate of
the lease-purchase agreement.
D. 1. The board of education may enter into an energy
conservation contract for a period of more than one (1) year for the
implementation of energy conservation measures with a person or
business entity if the board of education finds that the amount the
school district would spend on the energy conservation measures,
excluding any initial partial payment, will not exceed the total
savings over the repayment period of the energy conservation contract
from the date of installation.
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2. The term of the energy conservation contract and the lease-
purchase agreement shall include the installation period and the
lease repayment period.
3. If the term of an energy conservation contract exceeds one
(1) year, the contractual obligation of the school district,
excluding any initial partial payment, in any year during the term of
the energy conservation contract may not exceed the total savings
including, but not limited to, electrical, gas, or other utility cost
savings and savings from lowered maintenance, as determined by the
board of education. Savings shall be guaranteed by the entity
providing the energy conservation measures.
4. Energy conservation contracts shall not permit the carry-
forward of savings above the guaranteed amount from one year to a
future year shortfall.
5. Maintenance for energy conservation measures may be a part of
the energy conservation contract.
6. The board of education shall consider all costs of the energy
conservation measures, including costs of design, engineering,
installation, maintenance, maintenance tools and equipment, spare
parts, repairs, and debt service.
E. In addition to any other provisions, the energy conservation
contract shall:
1. Provide that all savings should be tracked and audited by the
contractor with an annual report provided to the board of education
along with a payment by the provider for reimbursement of savings not
realized;
2. Be for a term of years that is not less than the term of
years of any associated lease-purchase agreement;
3. Provide that the board of education may terminate the
agreement for nonperformance by the contractor;
4. Contain a nonappropriation clause; and
5. Contain a baseline calculation and an energy savings
calculation. The calculations shall be performed in accordance with
the procedures used by the International Protocol for Measurement and
Verification Procedures (IPMVP) or succeeding standard of the United
States Department of Energy.
F. 1. An energy conservation contract, with respect to existing
buildings or facilities, may be funded through a lease-purchase
agreement that meets federal tax requirements for tax-free municipal
leasing or long-term financing.
2. The repayment period of the lease-purchase agreement shall
not exceed the greater of twenty (20) years or the weighted average
equipment life of any equipment to be installed under the energy
conservation contract.
3. Lease-purchase agreements for energy conservation measures
shall be considered separate from the energy conservation contract
and shall contain a nonappropriation clause.
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G. 1. Prior to entering into an energy conservation contract,
the board of education shall solicit a request for qualification from
one or more energy service company providers. Requests for
qualification must solicit quotations and must specify the relative
importance of guaranteed savings, price, financial performance and
stability, quality, technical ability, experience and other
evaluation factors.
2. In order to determine the energy savings measures to be
considered by proposers, the board of education may hire an
independent energy consultant.
3. Fees assessed by the consultant will be paid from proceeds of
any financing associated with the energy conservation contract.
H. Proposals shall be opened in a manner that avoids disclosure
of the contents to competing offerors and keeps the proposals
confidential during negotiations.
I. The board of education and the offeror selected through the
request for qualification procedures shall enter into a memorandum of
understanding which shall require the provider to perform preliminary
analysis regarding the physical features and operating history of the
facilities under consideration. There shall be no financial
obligation to the school district for this analysis.
J. After completion of the preliminary analysis, the energy
service provider shall perform a detailed energy performance audit on
the specific buildings or facilities as agreed to by the political
subdivision. This audit shall provide a cost basis for operating the
existing building or facilities and the detailed information
necessary to make a financial decision regarding a long-term
performance-based efficiency contract. The cost of this audit may be
rolled into the terms of a performance-based efficiency contract. If
the school district decides not to enter into a long-term
performance-based efficiency contract with the provider, the school
district must pay the sum stipulated in the performance audit
contract.
K. Trade secrets and proprietary information clearly identified
in the proposals shall not be open for public inspection.
Added by Laws 1996, c. 140, § 1, eff. July 1, 1996. Amended by Laws
1996, c. 276, § 15, emerg. eff. May 30, 1996; Laws 2000, c. 164, § 4,
emerg. eff. April 28, 2000; Laws 2018, c. 296, § 4, eff. Nov. 1,
2018.
§70-5-132. Students of legal age - Completion of twelfth grade -
Attendance at adult high school completion program.
A. Any person who is of legal age and a resident of Oklahoma,
over the age of twenty-one (21) and under the age of twenty-six (26),
and who has not completed the twelfth grade in school shall be given
the same educational privileges and opportunities provided by law for
children over the age of five (5) and under the age of twenty-one
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(21), upon submitting to the board of education of the school
district in which the person resides evidence satisfactory to that
board showing that during the time before he or she was twenty-one
(21) years of age he or she was unable to attend school for a
definite period or periods of time because of physical disability, or
service in the United States Armed Forces or Auxiliary Organizations,
by reason whereof it was impossible for him or her to complete the
twelfth grade before reaching the age of twenty-one (21). Provided,
further, the pupil shall be counted in the average daily attendance
of the district where he or she attends school during the period of
time provided for in this article for the purpose of calculating
State Aid for the district.
B. Any resident of the state who is nineteen (19) years of age
or older, who is not enrolled in any high school program, and who has
not completed the twelfth grade may attend any adult high school
completion program which is established by a school district and
approved by the State Board of Career and Technology Education if
such attendance has the approval of the district offering the
program. Such attendance shall not be counted in the average daily
attendance of the district unless the Legislature appropriates monies
for adult high school completion programs. Such attendance shall not
be counted to meet minimum numbers for accreditation of the school
district involved, and such students shall not attend classes which
are a part of the normal class structure of the district.
Added by Laws 1971, c. 281, § 5-132, eff. July 2, 1971. Amended by
Laws 1988, c. 211, § 1, eff. July 1, 1988; Laws 2014, c. 164, § 2,
eff. July 1, 2014.
§70-5-132.1. Certain persons 21 years of age or older may be allowed
to complete high school.
A. Any person other than those persons provided for in Section
5-132 of this title, who is twenty-one (21) years of age or older and
who has not completed the requirements for a high school diploma or
received a General Education Diploma, upon proper application to an
independent school district may be given the opportunity to complete
the requirements for and receive a regular high school diploma.
B. The school district or technology center school district in
which such person resides may give the person the option of attending
regular classes if class size restrictions are not violated, or of
participating in other programs which may be provided pursuant to
provisions of the Oklahoma Statutes or rules promulgated by the State
Board of Education or State Board of Career and Technology Education.
Providing, however, that the school district may deny admittance of
persons over twenty-one (21) to its classes.
C. The school district or technology center school district may
charge such person an amount of tuition not to exceed the average
expenditure per pupil of the district for the preceding school year.
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Said tuition may be prorated by the number of contact hours for which
the person is enrolled.
Added by Laws 1983, c. 223, § 1, operative July 1, 1983. Amended by
Laws 2001, c. 33, § 75, eff. July 1, 2001.
§70-5-133. Apportionment of taxes each year.
A. There is hereby regularly apportioned to each and every
school district of the State of Oklahoma in each taxable year five
(5) mills on the dollar out of the fifteen (15) mills on the dollar
total taxes for all purposes on an ad valorem basis provided by
Section 9 (a), Article X, of the Oklahoma Constitution, as amended on
April 5, 1955. Provided, that the regular apportionment hereby made
shall not prevent or take away from the county excise board of any
county the right to apportion to any school district or class of
school districts in such county more than five (5) mills out of the
fifteen (15) mills to be apportioned in pursuance of the provisions
of said amended Section 9 (a), Article X, of the Oklahoma
Constitution among county, city, town and school district.
B. In accordance with the provisions of Section 9 (c), Article
X, of the Oklahoma Constitution, as amended on April 5, 1955, an
additional tax of not to exceed fifteen (15) mills on the dollar
valuation of all taxable property in the district shall be levied
upon certification of a need therefor by the board of education.
C. An amount equal to the district's proportionate part of the
ninety percent (90%) of the amount obtained by multiplying the total
net assessed valuation of the school districts of the county by four
(4) mills may be estimated as probable revenue from the four (4)
mills county-wide levy made under the provisions of Section 9 (b),
Article X, of the Oklahoma Constitution, as amended on April 5, 1955,
and the amount so estimated may be used to finance the appropriations
of the district.
The provisions of said Section 9 (b) relating to school districts
lying in more than one county shall not affect the status of any such
school district, and for the purposes of apportionments under said
Section 9 (b), any such district shall be deemed a school district of
the county of which it is now considered a school district, unless
the State Board of Education, upon written petition by the board of
education of such district, decrees that such district shall be
deemed a school district of another county in which any of its
territory lies, and unless the district court of Oklahoma County in
an action filed for such purposes reverses such decree, and revenue
from the tax levied under said Section 9 (b) on the assessed
valuation of the district in other counties shall, when collected, be
transmitted to the county treasurer of that county of which such
district is deemed a school district, and be apportioned as provided
for the proceeds of such tax on the assessed valuation of such
county.
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Laws 1971, c. 281, § 5-133, eff. July 2, 1971.
§70-5-134. Estimates - Emergency and building levies - Elections.
A. No later than December 31 of each year the board of education
of each school district of the state shall prepare, on a form
prescribed by the State Board of Education, a preliminary estimate of
the amount or amounts of money and tax rate or rates which it then
believes will be required for the district for the ensuing fiscal
year; and if such preliminary estimate shows an estimated need for a
levy requiring the approval of the school district electors of the
district under Section 9 or Section 10 of Article X of the Oklahoma
Constitution, as amended on April 5, 1955, such preliminary estimate
shall contain a call for an election to be held on the second Tuesday
in February, or on such other date as may be provided for the
election of the members of the board of education to vote on the
question of making such levy or levies. In determining the
eligibility of the school district to make an emergency levy under
the provisions of subsection (d) of Section 9 of Article X of the
Oklahoma Constitution, as amended, the legal current expenses of the
district shall be all the expenditures from the general fund of the
district during the preceding year, except (1) expenditures for
transportation of pupils; (2) capital outlay; (3) debt service; and
(4) the amount appropriated from any previous emergency levy; and the
Two Hundred Fifty Dollars ($250.00) per capita cost fixed by said
subsection (d) of Section 9 of Article X of the Oklahoma
Constitution, for the fiscal year ending June 30, 1956, is hereby
increased to One Thousand Dollars ($1,000.00) for the fiscal year
ending June 30, 1963, and said sum of One Thousand Dollars
($1,000.00) shall thereafter be increased or decreased by the State
Board of Education in proportion to the increase or decrease in the
per capita income of Oklahoma citizens. Such preliminary estimate
shall be published in one issue of a newspaper having general
circulation in the district at least ten (10) days before such
election. Provided, that the county excise board or the board of
education of any school district may call a special election for any
date for the purpose of voting upon a levy authorized by Section 9 or
10 of Article X of the Oklahoma Constitution, as amended. Notice of
any election called under the provisions of this section shall be
given by publication in one issue of a newspaper having general
circulation in the school district at least ten (10) days before such
election.
B. The requirements of this section shall not apply to school
districts that have adopted a permanent millage pursuant to
subsection (d-2) of Section 9 of Article X of the Oklahoma
Constitution.
Added by Laws 1971, c. 281, § 5-134, eff. July 2, 1971. Amended by
Laws 1989, c. 132, § 6, eff. June 1, 1990; Laws 1992, c. 247, § 24,
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emerg. eff. May 21, 1992; Laws 1993, c. 130, § 1, eff. Sept. 1, 1993;
Laws 2005, c. 472, § 9, eff. July 1, 2005.
§70-5-134.1. Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.
§70-5-135. System of accounting.
A. The board of education of each school district shall use the
following system of initiating, recording and paying for all
purchases, salaries, wages or contractual obligations due from any of
the funds under the control of such board of education. However, a
school district board of education may use the procedures outlined in
Section 304.1 of Title 62 of the Oklahoma Statutes for the payment of
salaries and wages only if the board so votes. The provisions
contained herein shall not apply to the sinking fund and school
activity fund.
B. The encumbrance clerk and treasurer of the school district
shall each enter the authorized amounts in the various appropriation
accounts of the funds to which this system is applied. The
authorized amounts of appropriations shall be the general fund and
building fund appropriations approved by the county excise board and
such additional amounts as may be applied in the manner provided by
law, the amount received for deposit in a special cash fund where
such special cash fund is authorized by law or required by the person
or agency providing such funds, or the amount of the net proceeds
realized from the sale of bonds of the school district and any other
income due such fund.
C. It shall be the duty and responsibility of the board of
education of the school district to prescribe and administer adequate
business procedures and controls governing the purchase or
confirmation of purchase and delivery of goods or services. The
procedures shall include delivery of an acceptable invoice by
document, facsimile, electronic or other standard form that includes
the information required by the district. Such procedures shall
include the designation of authorized persons to purchase goods or
services for the district and the method of determining the school
employee receiving delivery of each purchase.
D. Prior to the issuance of a purchase order, the encumbrance
clerk must first determine that the encumbrance will not exceed the
balance of the appropriation to be charged. The encumbrance clerk
shall charge the appropriate appropriation accounts and credit the
affected encumbrances outstanding accounts with the encumbrances.
Encumbrances must be submitted to the board of education in the order
of their issuance on a monthly basis, subject to a monthly business
cycle cut-off date determined by the board of education. Approved
encumbrances shall be listed in the minutes by the minute clerk.
E. Before any purchase is completed, a purchase order or
encumbrance must be issued. No bill shall be paid unless it is
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supported by an itemized invoice clearly describing the items
purchased, the quantity of each item, its unit price, its total cost
and proof of receipt of such goods or services. The bill and/or
invoice shall be filed in the encumbrance clerk's official records.
If a district has the ability to electronically utilize evaluated
receipt settlement (ERS), the district may remit to vendors on that
basis if the requirements of this subsection are fulfilled. In the
event a district is establishing electronic data interchange,
electronic entries will suffice in lieu of paper documents. In order
for a district to be authorized to utilize an evaluated receipt
settlement system:
1. The ERS must result in payment by the district from vendor
receipts that have been matched to the purchase order date;
2. The ERS may only be used when there is an agreement between
the district and the vendor for use of an ERS; and
3. The ERS must be included in the district's journal
ledger/accounts payable/purchase order software.
F. The encumbrance clerk shall debit the encumbrances
outstanding account and credit the accounts payable account for the
amount of the approved bill. The board of education shall determine
the extent such costs may fluctuate without additional board action.
Minor adjustments not requiring additional board approval shall be
referenced to the original encumbrance.
G. An approved bill may be paid by issuing a warrant or check
against the designated fund only after ascertaining that proper
accounting of the purchase has been made and that the files contain
the required information to justify the expenditure of public funds,
except as otherwise provided in subsection I of this section. The
warrants or checks so issued shall be recorded in an orderly
numerical system established by the district. The encumbrance clerk
shall charge the warrant or checks against the accounts payable
account and credit it to the warrants or checks issued account.
Provided, if payment is to be made immediately and the board of
education deems it advisable, the postings to the accounts payable
account may be omitted and the payment of the approved bill may be
credited directly to the warrants or checks issued account. The
warrant or check shall show on its face the name of the school
district, the date of issue, the payee, the amount, the expenditure
classification code, and such other information as may be necessary
or desirable. The president and clerk of the board of education
shall each sign the warrant or check, or approved facsimile thereby
denoting to the public that the warrant or check is for the purpose
and within the amount of the appropriation charged.
H. The treasurer shall register the warrant or check in the
warrant or check register, charging the appropriation account and
crediting the warrants or checks outstanding account of the
designated fund. Provided, no warrant or check shall be registered
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in excess of the appropriation account's balance. All warrants or
checks shall be registered in the order of their issuance. Voided
warrants or checks shall be registered and filed with the treasurer.
The treasurer shall sign each warrant or check through individual
signature or approved facsimile showing its registration date and
shall state whether it is payable or nonpayable. When a warrant or
check is paid, the treasurer shall maintain evidence the warrant or
check has been processed and paid. Nothing in this subsection shall
prohibit any governing board from using automated recordkeeping
procedures, provided the information required in this subsection can
be accessed.
I. Any board of education of a school district of this state may
make a payment which would otherwise be made by warrant or check, by
disbursement through an Automated Clearing House, bank account debit
system, wire transfer through the Federal Reserve System, or any
other automated payment system operated by a financial institution
insured by the Federal Deposit Insurance Corporation. The internal
controls over such payment system shall be reviewed and approved by
the independent auditor of the district during the annual audit. The
provisions of Sections 601 through 606 of Title 62 of the Oklahoma
Statutes shall apply to instruments or payment authorized by this
subsection.
J. School districts complying with the provisions of this act
shall use only those forms and accounting systems approved by the
State Board of Education. Such forms and systems shall be considered
in substantial compliance with this act if they are sufficient to
convey the meaning and sequence of transactions contained herein.
Provided, nothing contained herein shall be construed to limit or
prevent the use of additional or subsidiary accounts, forms, or files
which may be deemed necessary or advisable by the board of education
of the district or the State Board of Education.
K. Any school district desiring to utilize the services of a
data processing center to furnish any or all of the records herein
required may do so if the center and its system complies with this
act and the rules and regulations of the State Board of Education.
Such center shall furnish an honesty bond in an amount to be set by
the board of education but not less than Ten Thousand Dollars
($10,000.00).
L. The State Board of Education shall notify the board of
education of the school district of the tentative amount the district
is to receive from state and federal aid funds or allocations, and
the board of education of the school district may include such
tentative estimate as an item of probable income in the preparation
of the school district's Estimate of Needs and Financial Statement;
provided, no such federal aid estimate shall be used in any way to
reduce the State Foundation Aid or Incentive Aid for such school
district or sustain a protest for the reduction of a tax levy.
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Added by Laws 1971, c. 281, § 5-135, eff. July 2, 1971. Amended by
Laws 1985, c. 82, § 5, eff. Nov. 1, 1985; Laws 1988, c. 90, § 20,
operative July 1, 1988; Laws 1990, c. 221, § 10, operative July 1,
1990; Laws 1998, c. 365, § 10, eff. July 1, 1998; Laws 2004, c. 361,
§ 21, eff. July 1, 2004; Laws 2005, c. 472, § 10, eff. July 1, 2005;
Laws 2014, c. 111, § 1, eff. July 1, 2014.
§70-5-135.1. Blank.
§70-5-135.2. Reporting financial transactions - Reduction of State
Aid - Statement of actual income and expenditures.
A. For the 1991-92 school year, school districts shall report
financial transactions for all funds, except for the school activity
fund, using the Oklahoma Cost Accounting System, as adopted by the
State Board of Education pursuant to Section 5-135 of this title.
Costs shall be reported by curricular subject area where applicable.
For the 1992-93 school year and in each subsequent school year,
school districts shall report financial transactions for all funds
using the Oklahoma Cost Accounting System. Costs shall be reported
by curricular subject area where applicable.
B. Beginning July 1, 1991, and in each subsequent school year,
the State Department of Education shall reduce the monthly payment of
a district's State Aid funds if, at the time of such payment, the
district is not operating pursuant to the Oklahoma Cost Accounting
System. The amount of the reduction shall be one percent (1%) for
the first payment, two percent (2%) for the second payment, three
percent (3%) for the third payment, four percent (4%) for the fourth
payment, and five percent (5%) for each subsequent payment. The
reduction may be waived by the State Board of Education if the
district can demonstrate that failure to operate pursuant to such
system was due to circumstances beyond the control of the district
and that every effort is being made by the district to operate
pursuant to such system as quickly as possible.
C. No later than September 1 each year, every district board of
education shall prepare a statement of actual income and expenditures
of the district for the fiscal year that ended on the preceding June
30. The statement of expenditures shall include functional
categories as defined in rules adopted by the State Board of
Education to implement the Oklahoma Cost Accounting System pursuant
to Section 5-135 of this title.
D. No later than September 1 each year, every school district
shall transmit a copy of the income and expenditures data required
pursuant to subsection C of this section to the State Department of
Education. The Department shall post the income and expenditure data
on the Internet web site for the Department in a form that is
accessible to the public.
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Added by Laws 1991, c. 280, § 55, eff. July 1, 1991. Amended by Laws
2000, c. 308, § 2, eff. July 1, 2000; Laws 2005, c. 472, § 11, eff.
July 1, 2005.
§70-5-135.3. Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.
§70-5-135.4. School District Transparency Act.
A. This section shall be known and may be cited as the "School
District Transparency Act".
B. The State Department of Education shall make school district
and school site expenditure data available on its website. Data
shall be made available in an open-structured data format that may be
downloaded by the public and that allows the user to systematically
sort, search, and access all data without any fee or charge for
access. Prior to the beginning of the 2019-2020 school year, if a
school district has a website, the district shall provide a link on
its home page to the State Department of Education's Oklahoma Cost
Accounting System and School District Financial Information website,
or the district shall provide the information required by subsection
C of this section within one click of the home page of the school
district's website.
C. The website shall provide information on school district and
school site expenditures of state, federal, and local funds, whether
appropriated or nonappropriated, excluding payments of voluntary
payroll deductions for employees to receiving parties. The website
shall further provide information, including, but not limited to, the
following:
1. Identification of the school district;
2. The Oklahoma Cost Accounting System (OCAS) code designation
for each expenditure;
3. The name and principal location of the entity or recipient of
the funds, excluding release of information relating to an
individual's place of residence and release of information prohibited
by subsection D of Section 24A.7 of Title 51 of the Oklahoma Statutes
or by federal law relating to privacy rights;
4. The amount of funds expended;
5. The type of transaction;
6. A descriptive purpose of the funding action or expenditure;
7. The budgeted and audited actual expenditure figures for each
fiscal year, ensuring each set of figures can be identified as
budgeted or audited figures;
8. The per-pupil expenditure as defined in Section 1-124 of this
title; and
9. The total compensation package of the superintendent as
defined by the requirements of the OCAS including a listing of the
base salary, insurance, retirement and other fringe benefits
including exempted nonadministrative services such as teaching in the
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classroom or serving as a principal, counselor or library media
specialist pursuant to subsection E of Section 18-124 of this title.
D. The Department shall make the data available on its website
within one hundred twenty (120) days of transmission of the
expenditures to the Department by the school district.
E. School districts shall provide information requested by the
Department to accomplish the purposes of this section.
F. If a school district maintains a website, the district shall
provide the information required in subsection C of this section in
the manner prescribed in subsection B of this section on the district
website.
G. Nothing in this section shall require the disclosure of
information which is required to be kept confidential by state or
federal law.
H. The disclosure of information required by this section shall
create no liability whatsoever, civil or criminal, to the State of
Oklahoma, the State Department of Education, school districts, or any
employee thereof for disclosure of required information or for any
error or omission in the disclosure.
I. The Department shall undertake activities annually to inform
parents, schools and other stakeholders about the availability of
school district and school site expenditure data on its website and
how to use the website.
Added by Laws 2010, c. 332, § 1, eff. Nov. 1, 2010. Amended by Laws
2017, c. 133, § 1, eff. Nov. 1, 2017; Laws 2018, c. 282, § 1, eff.
Nov. 1, 2018.
§70-5-136. Repealed by Laws 1978, c. 203, § 21, eff. July 1, 1978.
§70-5-136.1. Certificates of indebtedness – Curing of delinquencies
by withholding of State Aid.
A. With respect to school districts seeking cash-flow management
during any fiscal year, any school district may issue and deliver
certificates of indebtedness bearing a stated maturity date for the
purpose of participating in a short-term cash management program
pursuant to the provisions of Section 177.2 of Title 60 of the
Oklahoma Statutes to fund the estimated costs of operations, capital
expenditures or other lawful costs of the school district for the
current fiscal year. The proceeds of certificates of indebtedness
shall be set aside in a separate account and used only for the
purpose of meeting expenditures and obligations which would otherwise
be lawfully payable from the revenue certified by the County Excise
Board. As proceeds from the certificates are used to pay such lawful
expenditures and obligations, the financial records of the school
district shall reflect the amounts of these obligations paid with
such proceeds so that a like amount of revenue collected and
available to the school district may be used to repay the
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certificates of indebtedness, in whole or in part. The State Auditor
and Inspector shall adopt uniform accounting procedures for use by
the school districts to ensure that the issuance of certificates of
indebtedness and the use of the proceeds derived from these
certificates will be documented and will not result in a district
overspending its authorized budget. All certificates of indebtedness
executed pursuant to a cash management program shall be issued,
delivered and registered for payment in the specific manner
designated by the State Auditor and Inspector; provided, any such
certificates of indebtedness shall be made payable on any date within
the then current fiscal year and may be purchased for value through
the funding of uncollateralized investments or investments authorized
pursuant to Section 5-115 of this title made for the benefit of and
on behalf of the school district. Short-term cash management
programs of any school district may lawfully provide for the
investment of note or bond proceeds by the issuer of the obligations
with the benefit and use of such proceeds assured to the school
district when needed by the school district for that fiscal year and
as approved by the Oklahoma Commission on School and County Funds
Management. In no case may a school district participate in a short-
term cash management program in any given fiscal year beyond that
fiscal year. Monies received by a school district pursuant to a
short-term cash management program may be used only for those
purposes for which other monies of the school district may be
lawfully expended.
B. For school districts electing to participate in the payment
security procedure set forth in this subsection, which procedure
shall serve as additional security for the payment of any bond or
note of a participating school district, the State Board of Education
shall cure any delinquencies in payment by withholding State Aid due
the participating district as determined pursuant to Section 18-200.1
of this title. Whenever the designated paying agent for receipt of
payments for the school district does not receive a payment when due
pursuant to the authorizing documents, the paying agent shall be
entitled to payment from the withheld State Aid in any amount
sufficient to cure the payment deficiency. The paying agent shall
notify the State Department of Education and the superintendent of
the school district of the delinquent payment by telephone,
facsimile, or other similar communication, followed by written
verification. Unless the Department determines that payment has been
made by the school district and there is no longer a payment
deficiency, the Department shall withhold from the next distribution
of State Aid for the school district an amount sufficient to cure the
deficiency and remit the amount to the paying agent. In the event
that the amount of State Aid next due to be distributed to the
delinquent school district is not sufficient to cure the delinquency,
*+,-11'121#+,, .;$$
the Department shall continue to withhold State Aid as due and remit
it to the paying agent until the payment deficiency has been cured.
Added by Laws 1987, c. 204, § 123, operative July 1, 1987. Amended
by Laws 1991, c. 212, § 4, eff. Aug. 1, 1991; Laws 2002, c. 87, § 1,
eff. July 1, 2002; Laws 2014, c. 119, § 1, eff. Nov. 1, 2014.
§70-5-137. School nurses - Increments.
Registered nurses who are employed full time by a school district
shall qualify for yearly increments the same as any other teacher in
the public schools.
Added by Laws 1974, c. 152, § 2, emerg. eff. May 3, 1974.
§70-5-138. School employees and superintendent - Residence.
No school district board of education shall require any employee
to reside within the boundaries of that school district; however, a
district board may establish a policy that may require the district
superintendent to reside within the boundaries of the district.
Added by Laws 1977, c. 31, § 1. Amended by Laws 2006, c. 167, § 1,
eff. Nov. 1, 2006.
§70-5-139. Professional organization dues and political
contributions of employees - Payroll deduction.
School districts shall make payroll deductions for either or both
professional organization dues and political contributions at the
written request of any school employee and shall transmit deducted
funds to the organization designated by the school district employee.
Such deductions shall be on a ten-month basis unless otherwise
designated by the employee organization. However, a school employee
may request at any time in writing, including by email or fax, for
the school district to immediately terminate or initiate payroll
deductions to a professional organization. Upon receipt of any
written request, the school district shall within five (5) business
days or by the next pay period, whichever is earlier, terminate or
initiate any future payroll deductions of the requesting school
employee to a professional organization. Upon receipt of a written
request, the school district shall notify the professional
organization of the initiation or termination of payroll deductions
within fifteen (15) business days. If the request is to terminate a
deduction, the school district shall not make any advance payments to
any professional organization of any future dues on behalf of the
school employee. No school district policy or negotiated agreement
shall place any other conditions or requirements, including but not
limited to personal hand delivery, upon any employee to initiate or
terminate any payroll deduction to a professional organization except
for a written request as outlined in this section. Any school
district policy or provision in a negotiated agreement that places
additional conditions or requirements on initiation or termination
*+,-11'121#+,, .;$(
beyond those outlined in this section shall be null and void. A
school district which fails to terminate payroll deductions for an
employee in accordance with this section shall immediately reimburse
the employee the amount of all payroll deductions made by the school
district after the employee's request, and the amount due the
employee shall double every thirty (30) days until paid in full.
Added by Laws 1978, c. 294, § 26, emerg. eff. May 10, 1977. Amended
by Laws 2005, c. 132, § 1; Laws 2018, c. 193, § 1.
§70-5-140. Additional salary or wages in lieu of insurance or
similar benefits.
A local school district, by action of a majority of its school
board, may, in lieu of a particular insurance or similar benefit
granted by the district to its employees, allow and pay to the
employee additional salary or wages equal to the cost of such
insurance or similar benefit.
Laws 1980, c. 220, § 2, emerg. eff. May 30, 1980.
§70-5-141. Adoption of minimum salary schedules - Calculation of
teachers' salaries - Factors considered - Reports - Superintendents'
contracts - Administrators' compensation and benefits.
A. Each school district of this state shall adopt a minimum
salary schedule and shall transmit a copy of it to the State Board of
Education within thirty (30) days after adoption. A school district
shall not calculate salaries of teachers solely as a proportion of
the salaries of the administrators of the district.
B. Districts shall be encouraged to provide compensation
schedules to reflect district policies and circumstances, including
differential pay for different subject areas and special incentives
for teachers in districts with specific geographical attributes.
Districts may also adopt a salary schedule that provides additional
compensation for achieving certain ratings under the Oklahoma Teacher
and Leader Effectiveness Evaluation System (TLE) as set forth in
Section 6 of this act. Any salary schedule adopted by a district
pursuant to this section shall not set salaries at amounts less than
those set pursuant to Section 18-114.12 of this title.
C. The State Department of Education shall compile a report of
the minimum salary schedules for every school district in the state
and shall submit the report to the Governor, Speaker of the House of
Representatives, and President Pro Tempore of the Senate no later
than December 15 of each year.
D. Each school district shall file within fifteen (15) days of
signing the contract, the employment contract of the superintendent
of the school district with the State Department of Education. The
Department shall keep all contracts available for inspection by the
public. The school district shall not be authorized to pay any
salary, benefits or other compensation to a superintendent which are
*+,-11'121#+,, .;$
not specified in the contract on file and shall not pay
administrators any amounts for accumulated sick leave that are not
calculated on the same formula used for determining payment for
accumulated sick leave benefits for other full-time employees of that
school district and shall not pay administrators any amounts for
accumulated vacation leave benefits that are not calculated on the
same formula used for determining payment for accumulated vacation
leave benefits for other twelve-month full-time employees of that
school district.
E. By October 1 of each year each district board of education
shall prepare a schedule of salaries and fringe benefits paid
administrators employed by the district, including a description of
the fringe benefits. The schedule shall be a public record and shall
be disclosed as required by the Oklahoma Open Records Act. The board
shall file a copy of the schedule with the State Department of
Education within one week of completion.
F. For purposes of this section the term "administrator" shall
include employees who are employed and certified as superintendents,
assistant superintendents, principals, and assistant principals and
who have responsibilities for supervising classroom teachers.
Added by Laws 1983, c. 330, § 40, operative July 1, 1983. Amended by
Laws 1989, 1st Ex.Sess., c. 2, § 49, emerg. eff. April 25, 1990; Laws
1993, c. 215, § 1, emerg. eff. May 24, 1993; Laws 2010, c. 291, § 2,
eff. July 1, 2010.
§70-5-141.1. Blank.
§70-5-141.2. Incentive pay plans.
A. In addition to incentive pay plans authorized pursuant to
Section 4 of this act, the State Board of Education shall develop not
fewer than five different model incentive pay plans and shall
distribute information about each plan to every school district board
of education. No plan developed by the Board or implemented by a
school district board of education shall permit payment in any one
(1) year of incentives to any one teacher amounting to more than
fifty percent (50%) of the regular salary of the teacher, exclusive
of fringe benefits or extra duty pay. Any incentive pay award shall
be an annual award and shall not be a part of a continuing contract
of a teacher. Any incentive pay awards received shall be excluded
from the compensation of a teacher for purposes of calculating
retirement pursuant to the Teachers' Retirement System of Oklahoma
and shall not be subject to taxes levied by the Federal Insurance
Contributions Act (F.I.C.A.), to the extent an exemption is provided
by federal law.
B. A school district board of education may adopt an
academically based, district incentive pay plan for the classroom
teachers in the district. The district may adopt any incentive pay
*+,-11'121#+,, .;$)
plan consistent with the requirements of this section, which may
include any incentive pay plan developed by the State Board of
Education pursuant to this section. The school district board of
education shall appoint an advisory committee consisting of teachers,
parents, business persons or farmers and other local citizens to
advise the board in formulating an incentive pay plan. Prior to the
adoption of a plan, the board of education shall place the plan on
the school board agenda for public comment and shall submit the plan
to the State Board of Education for final approval on or before March
1 prior to implementation of the plan during the succeeding school
year. The board of education shall comply with the provisions of
this subsection for any year a plan is to be modified.
C. A school district shall be required to adopt and implement an
academically based, district incentive pay plan for any school year
following the receipt by the school district board of education, of a
petition signed by twenty percent (20%) of the classroom teachers
employed in the district which calls for the adoption of an incentive
pay plan for the district.
D. Student test scores shall not be the sole criterion for
allocation of incentive pay under any plan developed or approved by
the Board.
E. For the purposes of this section only, "classroom teacher"
shall mean any employee who holds certification and assignment
outside the classification of administrator.
F. The State Board of Education shall promulgate rules necessary
for the effective implementation and administration of this section.
G. Each school district board of education shall provide for a
local evaluation committee which shall advise the board on which
teachers are to receive incentive pay awards and the amount of each
incentive pay award according to the plan.
H. Nothing herein shall preclude a school district from
supplementing any monies appropriated to the district for the
purposes of funding the incentive pay plan of the district with
monies from the general fund for the district.
Added by Laws 1989, 1st Ex.Sess. c. 2, § 50, emerg. eff. April 25,
1990. Amended by Laws 2010, c. 291, § 3, eff. July 1, 2010.
§70-5-141.3. Teacher Incentive Pay programs approved prior to
implementation - Partial reimbursement.
Teacher Incentive Pay programs that have been approved by the
State Board of Education prior to implementation and have been
evaluated by the State Board of Education to have successfully
completed the year according to the approved district plan shall be
eligible for partial reimbursement of incentive pay awards from the
funds appropriated for Teacher Incentive Pilot Programs. Such state
reimbursements shall not exceed fifty percent (50%) of the amount
awarded to any teacher not to exceed Five Hundred Dollars ($500.00),
*+,-11'121#+,, .;$!
whichever is less. Such reimbursements shall not be provided to more
than fifty percent (50%) of the certified instructional staff of a
school district. Application for reimbursement shall be submitted to
the State Board of Education no later than July 1 of the year
following the implementation year and reimbursement of approved
claims shall occur no later than September 1.
Added by Laws 1992, c. 324, § 8, eff. July 1, 1992.
§70-5-141.4. Incentive pay plan - Student and school growth in
achievement.
A. 1. In addition to incentive pay plans authorized pursuant to
Section 5-141.2 of this title, beginning with the 2012-13 school
year, a school district may implement an incentive pay plan that
rewards teachers who are increasing student and school growth in
achievement.
2. Teacher performance shall be measured using the Oklahoma
Teacher and Leader Effectiveness Evaluation System (TLE) as set forth
in Section 6-101.16 of this title.
3. Individual teacher incentive pay awards shall be based upon:
a. achieving either a "superior" or "highly effective"
rating under the TLE, and
b. grade level, subject area, or school level performance
success.
B. 1. Beginning with the 2012-13 school year, a school district
may implement an incentive pay plan as authorized pursuant to this
section.
2. For purposes of this section, "leader" means a principal,
assistant principal or any other school administrator who is
responsible for supervising classroom teachers.
3. School leader effectiveness shall be measured using the
Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as
set forth in Section 6-101.16 of this title.
4. Individual school leader incentive pay awards shall be based
upon:
a. achieving either a "superior" or "highly effective"
rating under the TLE, and
b. grade level, subject area, or school level performance
success.
C. Incentive pay plans implemented pursuant to subsections A and
B of this section shall be developed through a collaborative planning
process involving stakeholders, including teachers and school
leaders.
D. In addition to individual teacher and leader incentive pay
plans, as authorized pursuant to this section, districts may develop
and implement incentive pay systems for:
1. Teaching in critical shortage subject areas including, but
not limited to, foreign language;
*+,-11'121#+,, .;$
2. Teachers and leaders who work in schools identified as in
need of improvement as determined by the State Board of Education;
3. Teaching in the subject areas of Science, Technology,
Engineering, and Math (STEM); or
4. Teachers and leaders who work in schools or school districts
designated by the State Board of Education as hard-to-staff.
E. 1. Prior to implementation of any incentive pay plan
developed pursuant to this section, the school district board of
education shall place the plan on the agenda for public comment at a
meeting of the district board of education.
2. After approval of the incentive pay plan, the school district
board of education shall submit the plan to the State Board of
Education for final approval. Within sixty (60) days of receipt of
the plan, the State Board shall review and approve or reject the
plan. If it is determined that the plan meets the requirements of
this section, the State Board shall approve the plan. If the plan
does not meet the requirements of this section, the State Board shall
reject the plan and provide written notification to the school
district board of education along with the grounds for rejection.
3. The district board of education shall comply with the
provisions of this subsection for any year a plan is to be modified.
F. Any incentive pay award shall be an annual award and shall
not be a part of a continuing contract for an employee. Any
incentive pay award to any teacher or leader shall not exceed more
than fifty percent (50%) of the regular salary of the teacher or
leader, exclusive of fringe benefits or extra duty pay. Any
incentive pay awards received shall be excluded from compensation for
purposes of calculating retirement pursuant to the Teachers'
Retirement System of Oklahoma and shall not be subject to taxes
levied by the Federal Insurance Contributions Act (F.I.C.A.), to the
extent such exemption is provided by federal law.
Added by Laws 2010, c. 291, § 4, eff. July 1, 2010. Amended by Laws
2013, c. 83, § 9, eff. July 1, 2013.
§70-5-142. National criminal history record check - Employment with
a school.
A. Except as otherwise provided for in subsection F of this
section, for purposes of employment, a board of education may request
in writing to the State Board of Education that a national criminal
history record check be conducted of any employee of the school and
shall request such information for any person seeking employment with
the school; provided that a board of education shall not be required
to obtain a new criminal history record check for an individual who
has obtained certification from the State Department of Education
within the previous twelve (12) months. The Oklahoma State Bureau of
Investigation (OSBI) shall obtain fingerprints of the employee or
prospective employee and require that the person pay a search fee not
*+,-11'121#+,, .;$"
to exceed Fifty Dollars ($50.00) or the cost of the search, whichever
is the lesser amount. The fees shall be deposited in the OSBI
Revolving Fund. School districts may reimburse employees for the
cost of the search. The State Board of Education shall contact the
Oklahoma State Bureau of Investigation for any national criminal
history record of the person within fourteen (14) working days of
receiving a written request from the board of education.
B. The Oklahoma State Bureau of Investigation shall provide the
national criminal history record check requested by the State Board
of Education within fourteen (14) working days from the receipt of
the request. The Bureau may contact the Federal Bureau of
Investigation to obtain the information requested.
C. The State Board of Education shall provide the information
received from the Oklahoma State Bureau of Investigation to the board
of education within fourteen (14) days from the receipt of the
information. The State Board of Education shall provide any follow-
up information received from the OSBI concerning a person for which a
national criminal history record check was requested to the employing
board of education.
D. For the purpose of this section:
1. "Board of education" includes both public and private boards
of education within or outside this state;
2. "Employing agency" means a political subdivision or law
enforcement agency in this state;
3. "Law enforcement officer" means a peace or police officer who
is certified by the Council on Law Enforcement Education and
Training;
4. "National criminal history record check" means a national
criminal history record check as defined in Section 150.9 of Title 74
of the Oklahoma Statutes; and
5. "Prospective employee" means an individual who has received
an offer of temporary employment by a school district pending the
results of the national criminal history record check.
E. Each public board of education within this state shall
promulgate a statement regarding the felony record search policy for
that school district. The policy may permit temporary employment of
prospective employees for a maximum of sixty (60) days pending
receipt of results of national criminal history record check
requests. The temporary employment of the prospective employee shall
terminate after sixty (60) days unless the school district receives
the results of the national criminal history record check. The
sixty-day temporary employment period shall begin on the first day
the prospective employee reports for duty at the employing school
district. Prospective employees shall be notified of the
requirement, the fee and the reimbursement policy when first
interviewed concerning employment. The school district's
reimbursement policy shall provide, at the minimum, that employees
*+,-11'121#+,, .;$
shall be promptly reimbursed in full for the fee if employed by the
district at the time the national criminal history record check
request is made unless the person was employed pending receipt of
results as set forth above.
F. 1. Any person who has been employed as a full-time teacher
by a school district in this state and applies for employment as a
full-time teacher in another school district in this state may not be
required to have a national criminal history record check if the
teacher produces a copy of a national criminal history record check
completed within the preceding five (5) years and a letter from the
school district in which the teacher was employed stating the teacher
left in good standing.
2. For any person applying for employment as a substitute
teacher, a national criminal history record check shall be required
for the school year; provided however, a board of education may
choose whether to require a national criminal history record check
from a prospective substitute teacher who has been employed by the
school district in the last year. Any person applying for employment
as a substitute teacher in more than one school district shall only
be required to have one national criminal history record check, and,
upon the request of the substitute teacher, that record check shall
be sent to all other school districts in which the substitute teacher
is applying to teach.
3. Any person employed as a full-time teacher by a school
district in this state in the five (5) years immediately preceding an
application for employment as a substitute teacher may not be
required to have a national criminal history record check, if the
teacher produces a copy of a national criminal history record check
completed within the preceding five (5) years and a letter from the
school district in which the teacher was last employed stating the
teacher left in good standing.
4. Any person employed as a substitute teacher by a school
district in this state for a minimum of five (5) years immediately
preceding an application for employment as a full-time teacher in a
school district in this state may not be required to have a national
criminal history record check if the teacher produces a copy of a
national criminal history record check completed within the preceding
five (5) years and a letter from the school district in which the
teacher was employed as a substitute teacher stating the teacher left
in good standing.
5. Any person employed as a full-time teacher by a school
district in this state for ten (10) or more consecutive years
immediately preceding an application for employment as a substitute
teacher in the same school district may not be required to have a
national criminal history record check for as long as the person
remains employed for consecutive years by that school district as a
substitute teacher, if the teacher left full-time employment in good
*+,-11'121#+,, .;$"
standing. If the teacher applies for employment as a substitute
teacher in another school district, a national criminal history
record check shall be required.
G. The provisions of this section shall not apply to technology
center employees hired on a part-time or temporary basis for the
instruction of adult students only.
H. The provisions of this section shall not apply to law
enforcement officers who are employed by an employing agency at the
time of application for employment at a public school district.
I. Nothing in this section shall be construed to impose
liability on school districts, except in negligence, for employing
prospective employees within the sixty-day temporary employment
window pending the results of the national criminal history record
check.
Added by Laws 1985, c. 152, § 1, eff. July 1, 1985. Amended by Laws
1986, c. 259, § 61, operative July 1, 1986; Laws 1990, c. 257, § 15,
emerg. eff. May 23, 1990; Laws 1994, c. 319, § 2, eff. Sept. 1, 1994;
Laws 1997, c. 81, § 1, eff. July 1, 1997; Laws 2010, c. 406, § 1,
eff. July 1, 2010; Laws 2011, c. 27, § 1, eff. July 1, 2011; Laws
2011, c. 90, § 1; Laws 2011, c. 250, § 1, eff. July 1, 2011; Laws
2011, c. 352, § 1, eff. July 1, 2011; Laws 2012, c. 354, § 6; Laws
2013, c. 32, § 1; Laws 2015, c. 12, § 1, eff. Nov. 1, 2015; Laws
2017, c. 199, § 1, eff. July 1, 2017.
§70-5-142.1. Repealed by Laws 2010, c. 406, § 2, eff. July 1, 2010.
§70-5-143. Repealed by Laws 1995, c. 55, § 1, emerg. eff. April 10,
1995.
§70-5-144. Filing of information or indictment - Notification of
superintendent - Notification of State Board of Education.
A. If in the course of an investigation it is discovered that a
person charged in an information or indictment with a felony or
violent misdemeanor is a student or employee of a school district or
a public school in the state, or an employee working on school
property for an entity that provides services to a school district or
a public school on school property, with due regard for the
provisions of subsection C of Section 2-6-102 of Title 10A of the
Oklahoma Statutes, the district attorney shall notify the
superintendent of the district of the charges filed against the
student or employee. In addition to notifying the superintendent of
the district when charges have been filed against an employee of the
school district, the district attorney shall notify the State Board
of Education.
B. The school district may take any action it deems necessary
that is in compliance with the requirements of the Family Educational
Rights and Privacy Act of 1974 with regard to such information.
*+,-11'121#+,, .;$"
C. When an employee of the school district has been convicted,
whether upon a verdict or plea of guilty or nolo contendere, or
received a suspended sentence or any probationary term for a crime
provided for in subparagraph a of paragraph 6 of Section 3-104 of
this title, the district court shall notify the State Board of
Education of said conviction, if the district court has discovered
during the course of the proceedings that the person is an employee
of a school district.
Added by Laws 1999, c. 320, § 33, eff. July 1, 1999. Amended by Laws
2001, c. 34, § 1, eff. Nov. 1, 2001; Laws 2003, c. 161, § 1, eff.
July 1, 2003; Laws 2005, c. 205, § 1, eff. July 1, 2005; Laws 2009,
c. 234, § 156, emerg. eff. May 21, 2009; Laws 2013, c. 256, § 1, eff.
July 1, 2013.
§70-5-145. Local foundation and public school/business partnerships
- Foundation gifts, grants and donations.
A. District school boards of education should be encouraged to
explore the potential benefits of local foundations and public
school/business partnerships as supplements to basic programs
publicly funded.
B. No local foundation, as defined in subsection C of this
section, shall make, and no public school, public school personnel,
or school district shall accept, any gift, grant or donation of real
or personal property from any local foundation unless the local
foundation complies with the requirements of this section and with
such other requirements for such organization as are required by
Title 18 of the Oklahoma Statutes.
C. As used in this section, "local foundation" means any
company, trust, corporation or association:
1. that solicits money or property in the name of any public
school district, public school or public school organization; and
2. which is exempt from federal income taxes or is verifiably
and in good faith in the process of obtaining federal tax exemption
status pursuant to the provisions of Section 501(c)(3) of the
Internal Revenue Code. If the local foundation is in the process of
obtaining exemption status in accordance with this paragraph, the
local foundation may make gifts, grants or donations pursuant to this
section provided it has advised the district board of education of
the status of any application for tax exemption and continues to
provide the board such information each year thereafter.
Any local foundation which has been denied such exemption or
ceases to qualify for such exemption by the Internal Revenue Service
shall not be authorized to function pursuant to this section.
D. Student organizations or club projects whose revenue may be
deposited in a school activity fund or account pursuant to Section 5-
129 of this title shall not be considered "local foundations".
*+,-11'121#+,, .;$"$
E. Only school districts, public schools, school personnel and
students or direct functions of a school district may be the
beneficiaries of any awards, grants or other benefits of a local
foundation.
F. The board of education of any school district in this state
may refuse to accept any donation of real or personal property
offered by or through a local foundation and shall have the final
authority to accept or refuse to accept any grant or award offered by
a local foundation for the benefit of the school district.
G. In order to assure the fairness, objectivity, and integrity
of its operations, and that its purposes and policies are consistent
with the goals of the State Board of Education, the board of
education of the school district may consider the process used in
selecting recipients of benefits or merit awards by any local
foundation in deciding whether to accept or reject the gift, grant or
donation.
H. No employee of the district shall be a voting member of a
local foundation board which is established in that school district.
Members of the board of education may serve on the board of a local
foundation, but shall not constitute a majority of the members of the
board of directors of the foundation. No other elected official of
state or local government shall be compensated by the local
foundation. The total number of ex officio local foundation members
shall be less than the number of voting members of the local
foundations. No ex officio member of the local foundation board or
employee of the school district shall be compensated by the local
foundation for service as an ex officio member of the local
foundation.
I. Any local foundation which makes a gift, grant or donation to
any school district, public school, or school personnel of this
state, regardless of when established, shall make all of its
financial records and documents available to auditors who are
performing audits of the school district. Such financial records and
documents, other than the list of contributors, shall be open for
public inspection upon written request by any person.
J. A public school district shall not directly or indirectly
transfer any funds to any local foundation or render services or
provide any thing of value to any local foundation without receiving
documented adequate payment or reimbursement therefor according to
written contract. Nothing herein shall be construed as prohibiting
payment by the district of claims for expenses of fund-raising for
the benefit of the district if such fund-raising activities are
approved in advance by the district board of education and made a
part of the minutes of the meeting of the board. Nothing herein
shall be construed as prohibiting the district from providing space
in a school district building or on school district property to the
foundation for office or business purposes in exchange for the
*+,-11'121#+,, .;$"(
financial benefits provided to the district by the foundation if
approved by the district board of education and made a part of the
minutes of the meeting of the board.
Added by Laws 1989, c. 380, § 2, operative July 1, 1989. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 56, emerg. eff. April 25, 1990;
Laws 2005, c. 351, § 1, eff. Sept. 1, 2005; Laws 2008, c. 362, § 1,
emerg. eff. June 3, 2008.
§70-5-146. Assault, battery, or assault and battery upon school
employee – Notification by employee and school officials – Report –
Definitions – Liability - Policies.
A. Any school employee, as defined by subsection A of Section
650.7 of Title 21 of the Oklahoma Statutes, upon whom an assault,
battery, assault and battery, or aggravated battery or aggravated
assault and battery is committed while in the performance of any
duties as a school employee shall notify either the superintendent,
building administrator, or one member of a Safe School Committee of
the school district employing the school employee. The building
administrator or member of the Safe School Committee shall notify the
superintendent of the assault, battery, assault and battery,
aggravated battery or aggravated assault and battery.
B. The superintendent shall notify the State Department of
Education of all incidents described in subsection A of this section
for the previous year on July 1 of each year. The report shall
include a description of the battery or assault and battery, and the
final disposition of each incident.
C. The State Department of Education shall submit a report to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the Governor on December 1 of each year.
D. For purposes of this section, “assault” shall be defined by
Section 641 of Title 21 of the Oklahoma Statutes, “battery” shall be
defined by Section 642 of Title 21 of the Oklahoma Statutes, and
“aggravated assault and battery” shall be defined by Section 646 of
Title 21 of the Oklahoma Statutes.
E. No school employee shall be subject to any civil liability
for any statement, report, or action taken in reporting or assisting
in reporting a battery or assault and battery which is committed upon
the school employee while in the performance of any duties unless
such report or assistance was made in bad faith or with malicious
purpose.
F. Every school district shall have and deliver to each school
employee a written policy that such employee shall follow if an
assault, battery or assault and battery is committed upon the school
employee while in the performance of any school duties.
Added by Laws 2001, c. 380, § 2, eff. July 1, 2001.
*+,-11'121#+,, .;$"
§70-5-146.1. School employees - Notification of suspected gang
activity.
A. Any school employee, as defined by subsection A of Section
650.7 of Title 21 of the Oklahoma Statutes, who has reason to believe
that a child under the age of eighteen (18) years is involved in gang
activity shall notify the person designated by the school district.
Upon receiving such report, the person designated by the school
district may report the matter to the nearest local law enforcement
agency. The report may be made by telephone, in writing, personally
or by any other method prescribed by the school district.
B. A school district employee or contractor who, in good faith
and exercising due care in the making of a report pursuant to
subsection A of this section, shall be granted immunity from all
civil or criminal liability which might be incurred or imposed by
making such report.
Added by Laws 2011, c. 168, § 3, eff. Nov. 1, 2011.
§70-5-147. Access to foods of minimal nutritional value - Incentives
to encourage healthy food choices.
A. Each district board of education shall ensure that students
in elementary schools do not have access to foods of minimal
nutritional value except on special occasions.
B. Each district board of education shall ensure that students
in middle and junior high schools do not have access to foods of
minimal nutritional value except after school, at events which take
place in the evening, and on special occasions. The only exception
to the minimal nutritional value standard will be diet soda with less
than ten (10) calories per bottle or can.
C. Each district board of education shall ensure that students
in high schools are provided healthy food options in addition to any
foods of minimal nutritional value to which they may have access at
school. Each district shall provide incentives, such as lower prices
or other incentives, to encourage healthy food choices for high
school students.
D. For purposes of this section, “foods of minimal nutritional
value” means any foods so defined in 7 CFR 210.11 and listed in
Appendix B of the regulations for the National School Lunch Program.
E. The State Board of Education shall adopt rules to implement
the provisions of this section.
Added by Laws 2005, c. 45, § 1, eff. July 1, 2007.
§70-5-147.1. Food donations.
A. As used in this section only:
1. "Donate" means to give without requiring anything of monetary
value from the recipient; and
2. "Nonprofit organization" means an incorporated or
unincorporated organization that has been established and is
*+,-11'121#+,, .;$")
operating for religious, charitable or educational purposes and that
does not distribute any of its income to its members, directors or
officers.
B. A school district may allow a school site to elect to donate
food to a nonprofit organization through an official oncampus
nonprofit representative or designee who is directly affiliated with
the school site such as a teacher, counselor or Parent-Teacher
Association (PTA) member, and the donated food may be received,
stored and redistributed at the school site at any time. Food
donated by the school site may include surplus food from breakfast,
lunch, snack and dinner meals served at the campus cafeteria subject
to any applicable local, state and federal requirements. Examples of
eligible leftover food include packaged/unpackaged unserved food;
served/unserved food with packaging in good condition; whole, uncut
produce; wrapped raw produce; and/or fruit which will be peeled such
as bananas or oranges.
C. Food donated under this section to a nonprofit organization
may be redistributed on the school site. School employees may assist
in preparing and distributing the food as volunteers for the
nonprofit organization.
D. A school district that makes or a nonprofit organization that
receives a good-faith donation of food which is at the time of
donation fit for human consumption shall not be liable for damages in
any civil suit or subject to criminal prosecution for any injury
resulting from the nature, age, condition or packaging of the donated
food, unless the injury or death is a direct result of gross
negligence, recklessness or intentional misconduct of the school
district or nonprofit organization.
E. The State Board of Education may promulgate rules to
implement the provisions of this section.
Added by Laws 2017, c. 6, § 1, eff. Nov. 1, 2017.
§70-5-148. Security drills.
Each district board of education shall ensure that a minimum of
four security drills are conducted at each public school within the
district each school year. No security drill shall be conducted at
the same time of day as a previous security drill conducted in the
same school year, and no more than two security drills shall be
conducted in one semester. One security drill shall be conducted
within the first fifteen (15) days of each semester. Additional
drills may be conducted at the discretion of the district. Security
drills shall be conducted for the purpose of securing school
buildings to prevent or mitigate injuries or deaths that may result
from a threat around or in the school. The drills shall conform to
the written plans and procedures adopted by the district as required
by Section 681 of Title 63 of the Oklahoma Statutes. All students
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and employees shall participate in the drills, with the extent of
student involvement to be determined by the district.
The State Board of Education shall adopt rules to implement the
provisions of this section.
Added by Laws 2007, c. 127, § 1, eff. July 1, 2007. Amended by Laws
2008, c. 216, § 4, eff. Nov. 1, 2008; Laws 2016, c. 290, § 1, eff.
July 1, 2016.
§70-5-149. School safety drills.
A. In addition to the four security drills required pursuant to
Section 5-148 of this title, all public schools shall conduct a
minimum of six safety drills as follows:
1. Two fire drills per school year. Each fire drill shall be
conducted within the first fifteen (15) days of each semester. The
fire drills shall include the sounding of a distinctive audible
signal designated as the fire alarm signal;
2. Two tornado drills per school year with at least one drill
being conducted in the months of September and March; and
3. The principal and superintendent of a public school district
shall utilize the remaining required safety drills in any manner
provided in this section or Section 5-148 of this title or by
developing a drill that is consistent with the risks assessed for the
appropriate facility or any recommendations submitted by the Safe
School Committee as authorized pursuant to Section 24-100.5 of this
title or any assisting fire or law enforcement department.
B. It shall be the duty of the principal, under the direction of
the superintendent of the school district, to conform to the written
plans and procedures adopted by the district as required by Section
681 of Title 63 of the Oklahoma Statutes. All students and teachers
at the public schools shall participate.
C. Each public school district shall document each fire drill in
writing by public school site. The records for each fire drill shall
be preserved for at least three (3) years and made available to the
State Fire Marshal or the marshal's agent upon request. In addition
to the fire drill documentation provided in this subsection, the
school district shall document all other safety drills in writing and
by school site with a copy of the report remaining at the school, a
copy filed with the district administrative office and a copy with
the Oklahoma School Security Institute as created by the Oklahoma
Office of Homeland Security.
Added by Laws 2013, c. 53, § 1, eff. July 1, 2013. Amended by Laws
2014, c. 45, § 1, eff. July 1, 2014; Laws 2016, c. 290, § 2, eff.
July 1, 2016.
§70-5-149.1. Civil actions against former students – Costs and
attorney fees.
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If a school district board of education initiates any civil
action or proceeding against a current or former student enrolled in
the school district or the parent or guardian of a student, and the
current or former student or parent or guardian of the student is the
prevailing party in the action or proceeding, the court shall enter
an order awarding court costs and reasonable attorney fees to the
current or former student or parent or guardian of the student.
Expert witness fees may be included by the court as part of the costs
awarded under this section.
Added by Laws 2013, c. 180, § 1.
NOTE: Editorially renumbered from § 5-149 of this title to avoid
duplication in numbering.
§70-5-149.2. Handgun licenses for school personnel – Training -
Immunity.
A. The board of education of a school district may, through a
majority vote of the board, designate school personnel who have been
issued a handgun license pursuant to the Oklahoma Self-Defense Act to
attend an armed security guard training program, as provided for in
Section 1750.5 of Title 59 of the Oklahoma Statutes, or a reserve
peace officer certification program, as provided for in Section 3311
of Title 70 of the Oklahoma Statutes, provided and developed by the
Council on Law Enforcement Education and Training (CLEET). Nothing
in this section shall be construed to prohibit or limit the board of
education of a school district from requiring ongoing education and
training.
B. Participation in either the armed security guard training
program or the reserve peace officer certification program shall be
voluntary and shall not in any way be considered a requirement for
continued employment with the school district. The board of
education of a school district shall have the final authority to
determine and designate the school personnel who will be authorized
to obtain and use an armed security guard license or reserve peace
officer certification in conjunction with their employment as school
personnel.
C. The board of education of a school district that authorizes
school personnel to participate in either the armed security guard
program or the reserve peace officer program may pay all necessary
training, meal and lodging expenses associated with the training.
D. When carrying a firearm pursuant to the provisions of this
act, the person shall at all times carry the firearm on his or her
person or the firearm shall be stored in a locked and secure
location.
E. Any school personnel who have successfully completed either
training and while acting in good faith shall be immune from civil
and criminal liability for any injury resulting from the carrying of
a handgun onto public school property as provided for in this act.
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Any board of education of a school district or participating local
law enforcement agency shall be immune from civil and criminal
liability for any injury resulting from any act committed by school
personnel who are designated to carry a concealed handgun on public
school property pursuant to the provisions of this act.
F. In order to carry out the provisions of this section, the
board of education of a school district is authorized to enter into a
memorandum of understanding with local law enforcement entities.
Added by Laws 2015, c. 310, § 3, emerg. eff. May 12, 2015.
§70-5-150. Short title.
This act shall be known and may be cited as the "School District
Budget Act".
Added by Laws 1996, c. 178, § 2, eff. July 1, 1996.
§70-5-151. Purpose.
The purpose of the School District Budget Act is to provide an
alternate budget procedure for school districts which will:
1. Establish standard and sound fiscal procedures for the
adoption and administration of budgets;
2. Make available to the public and investors sufficient
information as to the financial conditions, requirements and
expectations of the school district; and
3. Assist school districts to improve and implement generally
accepted standards of financial management as promulgated by the
Governmental Accounting Standards Board (GASB).
Added by Laws 1996, c. 178, § 3, eff. July 1, 1996.
§70-5-152. Applicability optional.
The School District Budget Act shall be optional and shall apply
only to a school district which, by resolution of the governing body,
votes to comply with the provisions of the School District Budget
Act. If the governing body of a school district votes to comply with
the School District Budget Act to govern its budget procedures, the
provisions of the School District Budget Act shall take precedence
over any other state laws applicable to school budgets, except as
otherwise provided by the School District Budget Act. Any action of
a school district governing body to implement or repeal budgeting
procedures in compliance with the School District Budget Act shall be
effective only at the beginning or end of a budget year respectively
pursuant to the School District Budget Act.
Added by Laws 1996, c. 178, § 4, eff. July 1, 1996.
§70-5-153. Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.
§70-5-154. Approval of budget - Estimates of revenues and
expenditures.
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For a school district acting in accordance with the School
District Budget Act, within the thirty-day period preceding the
beginning of each fiscal year, a budget for the school district shall
be approved by the governing body. The chief executive officer may
require any other officer or employee who is charged with the
management or control of any department or office of the school
district to furnish estimates for the fiscal year covering estimated
revenues and expenditures of the department or office on or before a
date set by the chief executive officer.
Added by Laws 1996, c. 178, § 6, eff. July 1, 1996.
§70-5-155. Nature and contents of budget - Budget summary and
message - Hearing - Effect of adoption - Tax levies.
A. The school district budget shall represent a complete plan
for the school district and shall present information necessary and
proper to disclose the financial position and condition of the school
district and the revenues and expenditures thereof, both past and
anticipated.
B. A school district budget shall contain a budget summary. It
shall also be accompanied by a budget message which shall explain the
budget and describe its important features. It shall contain at
least the following in tabular form for each fund:
1. Actual revenues and expenditures for the immediate prior
fiscal year;
2. Revenues and expenditures for the current fiscal year as
shown by the budget for the current year as adopted or amended; and
3. Estimates of revenues and expenditures for the budget year.
C. The school district governing body shall hold a public
hearing on the proposed budget within forty-five (45) days preceding
the beginning of the budget year. Notice of the date, time and place
of the hearing, together with the proposed budget summary, shall be
published in a newspaper of general circulation in the school
district not less than five (5) days before the date of the hearing.
The clerk of the board shall make available a sufficient number of
copies of the proposed budget as the governing body shall determine
and shall have them available for review or for distribution at the
office of the chief financial officer. At the public hearing on the
budget any person may present to the governing body comments,
recommendations or information on any part of the proposed budget.
D. The adopted budget shall be in effect no later than the first
day of the fiscal year to which it applies. The budget as adopted
and filed with the State Auditor and Inspector shall constitute an
appropriation for each fund, and the appropriation thus made shall
not be used for any other purpose except as provided by law.
E. Each school district shall amend the original budget after
June 30 of each year after the June financial activity has been
recorded, the annual Foundation and Salary Incentive Aid allocation
*+,-11'121#+,, .;$
has been released, and the property tax valuations have been
certified for all affected counties within the school district. The
amended budget shall include all of the following information which
is applicable:
1. Valuation of the school district by county and
classification, excluding homestead exemptions;
2. Bonded debt and judgments outstanding, including interest
rates by maturity;
3. Matured debt and judgments;
4. Sinking fund balance, including cash and investments;
5. Sinking fund levy calculations, including surplus/deficit,
principal accrual, annual interest, judgment installment and
interest, total net levy and delinquency;
6. Levies in millage for general fund, building fund and sinking
fund;
7. Millage adjustment factor, if applicable;
8. Previous year sinking fund collections, including total
proceeds as certified, additions or deductions, reserve for
delinquent tax, reserve for protest pending, tax apportioned, net
balance in process of collection, and excess collections; and
9. Surplus analysis, including itemized sources of excess and
deductions.
F. At the time required by law, the county excise board shall
levy the taxes necessary for the school district general fund,
building fund and sinking fund for the budget year pursuant to
Sections 397 and 399 of Title 62 of the Oklahoma Statutes, and for
the school district general and building funds for the budget year
pursuant to Section 9 of Article X of the Oklahoma Constitution.
Added by Laws 1996, c. 178, § 7, eff. July 1, 1996. Amended by Laws
1999, c. 235, § 1, eff. July 1, 1999.
§70-5-156. Protests - Right to examine filed budget.
Within fifteen (15) days after the filing of any school district
budget with the county excise board of each county in which the
school district is located and with the State Auditor and Inspector,
any taxpayer may file protests with the State Auditor and Inspector
against any alleged illegality of the budget in the manner provided
by this section and Sections 3023 through 3031 of Title 68 of the
Oklahoma Statutes. The fifteen-day protest period begins upon the
date the budget is received in the Office of the State Auditor and
Inspector as filed by the county excise board. After receipt of a
taxpayer protest, the State Auditor and Inspector shall transmit by
certified mail one copy of each protest to the clerk of the board of
education, and one copy of each protest to the school district
treasurer and the excise board of each county in which the school
district is located. The taxpayer protest shall specify the alleged
illegality in the budget and the grounds upon which the alleged
*+,-11'121#+,, .;$
illegality is based. Any protest filed by any taxpayer shall inure
to the benefit of all taxpayers. If no protest is filed by any
taxpayer within the fifteen-day period, the budget and any
appropriations thereof shall be deemed legal and final until amended
by the governing body or the county excise board as authorized by
law. Taxpayers shall have the right at all reasonable times to
examine the budget on file with the clerk of the board of education,
the county excise board, or the State Auditor and Inspector for the
purpose of checking illegalities in the budget or for filing protests
in accordance with this section and Sections 3023 through 3031 of
Title 68 of the Oklahoma Statutes.
Added by Laws 1996, c. 178, § 8, eff. July 1, 1996.
§70-5-157. Expenditures in excess of appropriation - Deficits and
surpluses - Violations of law.
A. No expenditure may be authorized or made by any officer or
employee of a school district which exceeds the appropriation for any
fund of the budget as adopted or amended. Any balance remaining in a
fund at the end of the budget year shall be carried forward to the
credit of the fund for the next budget year pursuant to law.
B. It shall be unlawful for any officer or employee of the
school district in any budget year:
1. To create or authorize creation of a deficit in any fund; or
2. To authorize, make or incur expenditures or encumbrances in
excess of one hundred percent (100%) of the appropriation for any
fund of the budget as adopted or amended until revenues in an amount
equal to at least one hundred percent (100%) of the appropriation for
the fund have been collected. Any fund balance which is included in
the appropriation for the fund is considered revenue in the budget
year for which it is appropriated. Expenditures may then be made and
authorized so long as any expenditure does not exceed any fund
balance.
C. Any obligation that is contracted or authorized by any
officer or employee in violation of this act shall become the
obligation of the officer or employee himself and shall not be valid
or enforceable against the school district. Any officer or employee
who violates this act shall forfeit his office or position and shall
be subject to such civil and criminal punishments as are provided by
law. Any obligation, authorization for expenditure or expenditure
made in violation of this act shall be illegal and void.
Added by Laws 1996, c. 178, § 9, eff. July 1, 1996.
§70-5-158. Funds or ledgers.
A school district shall establish funds consistent with legal and
operating requirements. Each school district shall maintain
according to its own needs some or all of the following funds or
ledgers in its system of accounts:
*+,-11'121#+,, .;$$
1. A general fund, to account for all monies received and
disbursed for general school district purposes, including all assets,
liabilities, reserves, fund balances, revenues and expenditures which
are not accounted for in any other fund or special ledger account;
2. Special revenue funds, as required, to account for the
proceeds of specific revenue sources that are restricted by law to
expenditures for specified purposes;
3. Debt service fund, which shall include the school district
sinking fund, established to account for the retirement of general
obligation bonds, building bonds, transportation bonds or other long
term debt and payment of interest thereon and judgments as provided
by law. Any monies pledged to service general obligation bonds,
building bonds, transportation bonds or other long term debt must be
deposited in the debt service fund;
4. Capital improvement fund, to account for financial resources
segregated for acquisition, construction or other improvement related
to capital facilities other than those financed by general long term
debt;
5. Enterprise funds, to account for operations that are
financial and operated in a manner similar to private business
enterprises where the intent of the governing body is that the costs
(expenses, including depreciation), of providing goods or services on
a continuing basis be financed or recovered primarily through user
charges or where there is a periodic need to determine revenues
earned, expenses incurred or net income for a service or program;
6. Trust and agency funds, to account for assets held by the
school district as trustee or agent for individuals, private
organizations or other governmental units or purposes, such as a
retirement fund, employee health insurance fund or a school activity
fund;
7. Internal service funds, to account for the financing of goods
or services provided by one department or agency of the school
district to another department or agency, or to another government,
on a cost reimbursement basis;
8. A ledger or group of accounts in which to record the details
relating to the general fixed assets of the school district;
9. A ledger or group of accounts in which to record the details
relating to the general obligation bonds, building bonds,
transportation bonds or other long term debt of the school district;
or
10. Such other funds or ledgers as may be established by the
board of education.
Added by Laws 1996, c. 178, § 10, eff. July 1, 1996.
§70-5-159. Classification of revenues and expenditures.
Each fund shall be made up of accounts for classifying revenues
and expenditures. Revenues shall be classified separately by source.
*+,-11'121#+,, .;$(
Expenditures shall be classified into the dimensions required by the
State Department of Education or, for technology center schools, the
Oklahoma Department of Career and Technology Education.
Added by Laws 1996, c. 178, § 11, eff. July 1, 1996. Amended by Laws
2001, c. 33, § 78, eff. July 1, 2001.
§70-5-160. Interaccount and interfund transfers.
The chief executive officer, or designee, as authorized by the
governing body, may transfer any unexpended and unencumbered
appropriation or any portion thereof from one account to another
within the same fund; except that no appropriation for debt service
or other appropriation required by law or regulation may be reduced
below the minimums required. Other interfund transfers may be made
only as authorized by this act or as provided in the budget as
adopted or amended according to this act. Whenever the necessity for
maintaining any special fund of a school district has ceased to exist
and a balance remains in the fund, the governing body may authorize
the transfer of the balance to the general fund. Applicable law
shall govern the use or transfer of any remaining balance in any debt
service or bond fund.
Added by Laws 1996, c. 178, § 12, eff. July 1, 1996.
§70-5-161. Amendment of budget.
A. The governing body may amend the budget to make supplemental
appropriations to any fund up to the amount of additional revenues
which are available for current expenses as shown by a fund balance
for the fund due to:
1. Revenues received or allocated from sources not anticipated
in the budget for that year;
2. Revenues received or allocated from anticipated sources but
in excess of the budget estimates therefor; or
3. Unexpended unencumbered cash balances on hand at the end of
the preceding fiscal year which had not been anticipated in the
budget. Any appropriation authorizing the creating of an
indebtedness shall be governed by the applicable provisions of
Article X of the Oklahoma Constitution.
B. If at any time during the budget year it appears probable
that revenues available will be insufficient to meet the amount
appropriated, or that due to unforeseen emergencies there temporarily
is insufficient money in a particular fund to meet the requirements
of appropriation for the fund, the governing body may amend the
budget to reduce one or more appropriations or it may amend the
budget to transfer money from one fund to another fund, but no
appropriation for debt service may be reduced and no appropriation
may be reduced by more than the amount of the unencumbered and
unexpended balance. No transfer shall be made from the debt service
*+,-11'121#+,, .;$
fund to any other fund except as may be permitted by the terms of the
bond issue or by law.
C. Any budget amendment, as provided in this section,
authorizing supplemental appropriations or a decrease or change in
appropriation or funds shall be adopted by the governing body at a
meeting held in accordance with the Oklahoma Open Meeting Act and
filed with the clerk of the board of education, the county excise
board of each county in which the school district is located, and the
State Auditor and Inspector.
Added by Laws 1996, c. 178, § 13, eff. July 1, 1996.
§70-5-170. Transfer of unexpended or unencumbered appropriations.
For the fiscal year ending June 30, 2004, the superintendent of a
school district or designee may transfer any unexpended or
unencumbered appropriation in an amount not to exceed twenty-five
percent (25%) of the total appropriation from one account, fund, or
program category to another account, fund, or program category. The
amount to be transferred, together with all previous transfers, shall
not exceed twenty-five percent (25%) of the total appropriation to
the account, fund or program category from which the transfer is
being made. Provided, funds shall not be transferred between the
general fund and building fund of any school district. The State
Department of Education shall be notified in writing or
electronically of all transfers at the time the transfers are made.
Added by Laws 2003, c. 434, § 7.
NOTE: Laws 2003, c. 415, § 34 repealed by Laws 2003, c. 434, § 32.
§70-5-181. Registration of certificates of indebtedness or bonds –
Recording of payment.
The treasurer of a school district to whom a certificate of
indebtedness or bond is directed for payment shall register the
certificate of indebtedness or bond by entering the number, the date,
the name of the payee, the fund upon which it is drawn and the amount
and shall write on the certificate or bond the date of registration
and the name of the treasurer. Certificates of indebtedness or bonds
shall be registered in the numerical order in which they are issued
and, after registration, shall be given to the encumbrance clerk. No
certificate of indebtedness or bond shall be a valid charge until
registration by the treasurer. A board of education may contract for
and pay a registrar or transfer agent to transfer ownership or change
of payee of any certificate of indebtedness or bond issued by the
school district and to maintain relevant books and records. The
treasurer shall record payment of certificates of indebtedness or
bonds and mark “paid” on the face of paid certificates of
indebtedness or bonds.
Added by Laws 2004, c. 361, § 24, eff. July 1, 2004.
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§70-5-182. Issuance, approval, etc. of check, warrant or certificate
in excess of approved estimate of expenses.
It shall be unlawful for any school district officer to issue,
approve, sign, or attest any check, warrant or certificate of
indebtedness in any form in excess of the estimate of expenses made
and approved for the current fiscal year or authorized for such a
purpose by a bond issue and any such check, warrant or certificate of
indebtedness issued, approved, or authorized by a bond issue shall
not be a charge against the school district upon which it is issued,
but may be collected by civil action from any officer issuing,
drawing, approving, signing, or attesting the same, or from either or
all of them, or from their bondsmen.
Added by Laws 2004, c. 361, § 25, eff. July 1, 2004.
§70-5-183. Issuance, approval, etc. of check, warrant or certificate
in excess of approved estimate of expenses – Violation –Penalties.
Any treasurer who shall willfully or knowingly register or pay a
warrant, check or certificate of indebtedness, issued in excess of
the estimate made and approved by the excise board for the current
fiscal year or in excess of a bond issue for such purpose, shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not less than One Thousand Dollars ($1,000.00) or by
imprisonment in the county jail not exceeding one (1) year or by both
the fine and imprisonment.
Added by Laws 2004, c. 361, § 26, eff. July 1, 2004.
§70-5-184. Authorization, acknowledgement, etc. by school district
officer of issuance, approval, etc. of check, warrant or certificate
in excess of approved estimate of expenses – Violation – Penalties.
Any school district officer willfully or knowingly contracting,
incurring, acknowledging, authorizing, allowing, or approving any
indebtedness or any officer issuing, drawing, or attesting any check,
warrant or certificate of indebtedness in excess of the estimate made
and approved by the excise board for such purpose for the current
fiscal year or in excess of the specific amount authorized for such
purpose by a bond issue, shall be deemed guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not less than One
Thousand Dollars ($1,000.00) or by imprisonment in the county jail
for not to exceed one (1) year or by both the fine and imprisonment,
and shall forfeit and be removed from office pursuant to state law.
Added by Laws 2004, c. 361, § 27, eff. July 1, 2004.
§70-5-185. When check or warrant due – Enforcement of liability.
Without regard to the time when funds may be collected and are
available to pay a check or warrant issued by a school district, any
school district check or warrant shall be due one (1) year after the
close of the fiscal year for which the check or warrant was issued
*+,-11'121#+,, .;$!
and action may be commenced in any court of competent jurisdiction to
enforce the liability evidenced by the check or warrant. Any action
to enforce the liability evidenced by the check or warrant shall
thereafter be barred, and the lapse of time need not be asserted as
defense in any action for the school district to be relieved of
liability.
Added by Laws 2004, c. 361, § 28, eff. July 1, 2004.
§70-5-186. Issuance of check, warrant or certificate of indebtedness
in payment of claim in excess of amounts unexpended and unencumbered
– Signature of board president and clerk.
It shall be unlawful for the governing board of education to
issue any check, warrant or certificate of indebtedness, in any form,
in payment of, or representing or acknowledging any account, claim,
or indebtedness against the school district, or to make any contracts
for, or incur any indebtedness against the school district in excess
of the amount then unexpended and unencumbered of the sum
appropriated for the specific item of estimated needs for such
purpose theretofore made, submitted, and approved, or authorized for
such purpose by a bond issue. The signature of the board president
and clerk shall be notification to the public that the check or
warrant is for the purpose and within the amount of the appropriation
charged.
Added by Laws 2004, c. 361, § 29, eff. July 1, 2004.
§70-5-187. Unencumbered balances – Date for submission of all claims
– Notice.
All unencumbered balances, if any, as shown by the officer
charged with keeping the appropriation and expenditure records of the
school district on hand at the close of day June 30, may remain as a
credit for said fiscal year up to the close of day September 30. If
a date earlier than September 30 is established, the encumbrance
clerk shall publish, on the district’s web site for two consecutive
times if also published in a daily newspaper and once if published in
a weekly newspaper of general circulation in the school district,
notice of the date set by the board of education for the submission
of all claims against unencumbered balances of the prior fiscal year
in the following form:
PUBLIC NOTICE
All having a claim against the ____ Public School District are
notified that all invoices and required documentation pertaining to
an approved purchase order for services rendered or goods or
materials delivered pursuant to that purchase order must be recorded
with the encumbrance clerk of the district on or before the ____ day
of _____, 20__, covering all debts now unpaid and incurred during the
period of the prior fiscal year beginning on July 1, 20__, and ending
*+,-11'121#+,, .;$
on June 30 20___, or the claim upon which the invoice or purchase
order is based shall be void and forever barred.
__________________________
District Encumbrance Clerk
This section shall not permit the incurring of new indebtedness
chargeable to the appropriation account of the immediately preceding
fiscal year.
Added by Laws 2004, c. 361, § 30, eff. July 1, 2004.
§70-5-188. Supplemental appropriation of unencumbered balance –
Underestimations – Reapportionment to appropriation accounts.
Provided all fund balances reserved for unencumbered balance of
appropriations for the prior fiscal year on hand at the close of day
set by the board of education in the current fiscal year, but in no
event later than September 30, may be appropriated by supplemental
appropriation to current expense purposes in the current fiscal year
in the manner now provided by law. In the event of the recording of
an estimated encumbrance or in the event of an increase in the cost
of supplies, equipment, material, or services, these underestimations
may be provided for during the time period set by the board by the
cancellation of appropriations made by the county excise board prior
to June 30, subject to the approval of both the governing board and
the officer in charge of the department or appropriation account only
in instances as set forth and only in amounts sufficient to pay the
increased encumbrances, and by reapportionment to the appropriation
accounts in which an underestimated encumbrance was made, all in the
manner as now provided by law for the making of supplemental
appropriations.
Added by Laws 2004, c. 361, § 31, eff. July 1, 2004.
§70-5-189. Second or duplicate check or warrant – Stop payment or
affidavit.
A school district may issue a second or duplicate check or
warrant in lieu of any check or warrant that has been issued and
subsequently lost or destroyed. No second or duplicate check or
warrant shall be issued until the school district has stopped payment
on said item by the payor bank or, in the alternative, until an
affidavit setting forth the facts as to the loss or destruction of
the original check or warrant has been received by the school
district from the payee, which affidavit may be received by facsimile
transmission. The district board of each school district shall
establish policies and procedures as will, as nearly as possible,
preclude any loss being sustained by the school district on account
of the issuance of any second or duplicate check or warrant.
Added by Laws 2004, c. 361, § 32, eff. July 1, 2004.
*+,-11'121#+,, .;$"
§70-5-190. School district treasurer, encumbrance clerk - Training -
Continuing education.
A. Before July 1, 2007, every school district treasurer shall
complete at least twelve (12) hours of instruction on school finance
laws of this state, accounting, ethics, and the duties and
responsibilities of a school district treasurer.
B. Before July 1, 2007, every school district encumbrance clerk
shall complete at least twelve (12) hours of instruction on school
finance laws of this state, accounting, ethics, and the duties and
responsibilities of a school district encumbrance clerk.
C. Except as otherwise provided for, every school district
treasurer and encumbrance clerk employed after July 1, 2007, shall be
required, within nine (9) months after employment in the position by
a school district, to complete the instruction required pursuant to
subsections A and B of this section. Any instruction as described in
subsections A and B of this section completed by the school district
treasurer or encumbrance clerk within three (3) years prior to
employment in the position by the school district shall count toward
satisfying the requirements of this subsection.
D. Every school district treasurer and encumbrance clerk shall
be required to complete a minimum of twelve (12) hours of continuing
education every three (3) years, in addition to the requirements of
subsections A and B of this section.
E. The requirements of this section shall not apply to any
county treasurer who also acts as a school district treasurer;
however, nothing herein shall prevent a county treasurer from
attending such training or continuing education.
Added by Laws 2005, c. 472, § 1, eff. July 1, 2005. Amended by Laws
2011, c. 231, § 1, eff. Nov. 1, 2011; Laws 2016, c. 24, § 1, emerg.
eff. April 11, 2016.
§70-5-200. Contracting with an educational management organization –
Disclosure of financial details – Binding contracts with teachers and
board of education.
A. As used in this section, "educational management
organization" means a for-profit or nonprofit organization that
receives public funds to provide administration and management
services for a charter school, statewide virtual charter school or
traditional public school.
B. A charter school that contracts with an educational
management organization shall use the Oklahoma Cost Accounting System
(OCAS) to report the total amount paid to an educational management
organization as well as itemized expenditure information for the
goods or services provided by the management organization as defined
by OCAS expenditure codes, including the total compensation package
of the superintendent including the base salary, insurance,
retirement and other fringe benefits.
*+,-11'121#+,, .;$
C. Any owner of an educational management organization shall be
required to disclose to the governing board of the school in a public
meeting any ownership position in any business that contracts or
proposes to contract with the same public school that the educational
management organization is managing.
D. Whenever any person shall enter into a contract with any
school district or public charter school in the state to teach in
such school district or public charter school the contract shall be
binding on the teacher and on the board of education until the
teacher legally has been discharged from the teaching position or
released by the board of education from the contract. Except as
provided in Section 5-106A of Title 70 of the Oklahoma Statutes,
until such teacher has been thus discharged or released, the teacher
shall not have authority to enter into a contract with any other
board of education in Oklahoma for the same time covered by the
original contract. If upon written complaint by the board of
education in a district any teacher is reported to have failed to
obey the terms of the contract previously made and to have entered
into a contract with another board of education, including a public
charter school board of education, without having been released from
the former contract except as provided in Section 5-106A of Title 70
of the Oklahoma Statutes, the teacher, upon being found to be
employed full-time for another public school, including a public
charter school in the state, at a hearing held before the State Board
of Education, shall have such teacher's certificate suspended for the
remainder of the term for which the contract was made.
Added by Laws 2019, c. 272, § 2, emerg. eff. May 2, 2019.
§70-6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-6-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-1a. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
*+,-11'121#+,, .;(
§70-6-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-6-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-20. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-22. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-23. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;(
§70-6-24. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-6-101. Teachers - Contract.
A. Except as provided in subsection E of this section, no person
shall be permitted to teach in any school district of the state
without a written contract, except as provided herein for substitute
teachers and except teachers of classes in adult education. Except
as provided in subsection J of this section, the board of education
of each school district, wherein school is expected to be conducted
for the ensuing year, shall employ and contract in writing with
qualified teachers for and in the name of the district. One copy of
the contract shall be filed with the clerk of the board of education
and one copy shall be retained by the teacher.
B. Except as otherwise provided by subsections J and K of this
section and any other law, no board of education shall have authority
to enter into any written contract with a teacher who does not hold a
valid certificate issued or recognized by the State Board of
Education authorizing said teacher to teach the grades or subject
matter for which the teacher is employed. Any board of education
paying or authorizing the payment of the salary of any teacher not
holding a certificate, as required herein, shall be adjudged to be
guilty of a fraudulent expenditure of public funds and members voting
for such payment shall be held jointly responsible for the return of
the amount of any public monies thus expended, upon suit brought by
the district attorney or by any interested citizen in the district
where such funds have been expended.
C. It shall be the duty of the superintendent of schools under
whose supervision teachers have been contracted to teach to certify
to the treasurer of the contracting district the names of the
teachers holding valid certificates and student teachers with whom
contracts have been made and the names of substitute teachers
employed in accordance with law. The treasurer shall not register
any warrant issued in payment of salary to any teacher whose name is
not included in such list and shall be liable on the official bond
for the treasurer for the amount of any warrant registered in
violation of the provisions of this section.
D. Whenever any person shall enter into a contract with any
school district in Oklahoma to teach in such school district the
contract shall be binding on the teacher and on the board of
education until the teacher legally has been discharged from the
teaching position or released by the board of education from the
contract. Except as provided in Section 5-106A of this title, until
such teacher has been thus discharged or released, the teacher shall
not have authority to enter into a contract with any other board of
education in Oklahoma for the same time covered by the original
contract. If upon written complaint by the board of education in a
*+,-11'121#+,, .;($
district any teacher is reported to have failed to obey the terms of
the contract previously made and to have entered into a contract with
another board of education without having been released from the
former contract except as provided in Section 5-106A of this title,
the teacher, upon being found guilty of such charge at a hearing held
before the State Board of Education, shall have such teacher's
certificate suspended for the remainder of the term for which the
contract was made.
E. A board of education shall have authority to enter into
written contracts with teachers for the ensuing fiscal year prior to
the beginning of such year. If, prior to the first Monday in June, a
board of education has not entered into a written contract with a
regularly employed teacher or notified the teacher in writing by
registered or certified mail that a recommendation has been made not
to reemploy the teacher for the ensuing fiscal year, and if, by
fifteen (15) days after the first Monday in June, such teacher has
not notified the board of education in writing by registered or
certified mail that such teacher does not desire to be reemployed in
such school district for the ensuing year, such teacher shall be
considered as employed on a continuing contract basis and on the same
salary schedule used for other teachers in the school district for
the ensuing fiscal year, and such employment and continuing contract
shall be binding on the teacher and on the school district.
F. Whenever a school district is engaged in contract
negotiations with teachers employed by that school district after the
school year has begun and the teachers are employed on a continuing
contract basis, the school district shall, beginning at the first of
the school year, pay the teachers any state-mandated salary increases
and salary schedule increases to which each teacher is otherwise
entitled.
G. No school district or any member of the board of education of
a district shall be liable for the payment of compensation to a
teacher or administrator under the provisions of any contract for the
ensuing year, if it becomes necessary to close the school because of
insufficient attendance, disorganization, annexation, consolidation,
or by dispensing with the school according to law, provided, such
cause is known or action is taken prior to July 1 of such ensuing
year.
H. No school district or any member of a board of education
shall be liable for the payment of compensation to any teacher or
administrator for the unexpired term of any contract if the school
building to which the teacher or administrator has been assigned is
destroyed by accident, storm, fire, or otherwise and it becomes
necessary to close the school because of inability to secure a
suitable building or buildings for continuation of school. Teachers
and administrators shall be entitled to pay for any time lost when
school is closed on account of epidemics or otherwise when an order
*+,-11'121#+,, .;((
for such closing has been issued by a health officer authorized by
law to issue the order.
I. A teacher may contract with more than one school district for
the same school year as provided in Section 5-106A of this title.
J. A board of education shall have authority to enter into
written contracts for the ensuing fiscal year prior to the beginning
of the year with persons who are not certified to teach by the State
Board of Education as long as the person is actively in the process
of securing certification. The person shall not be allowed to teach
in a classroom until the person has met or completed all of the
requirements for certification as provided for in Section 6-190 of
this title. If the person has not obtained valid certification by
the first day of the ensuing school year, the contract shall be
terminated.
K. A board of education of a school district shall have the
authority to enter into written contracts for employment for the
ensuing fiscal year with persons who are student teachers as defined
in Section 1-116 of this title while such persons are still student
teachers. A student teacher shall not be allowed to teach in a
classroom during the ensuing fiscal year until meeting or completing
all of the requirements for certification as provided for in Section
6-190 of this title. If the student teacher has not obtained valid
certification by the first day of the ensuing school year, the
contract shall be terminated. A board of education of a school
district shall have the authority to commit to payment of a stipend
or signing bonus to a student teacher as defined in Section 1-116 of
this title while that person is still a student teacher, if that
person has entered into a written contract for employment for the
ensuing fiscal year. A board of education shall make any such
student teacher stipend or signing bonus conditional on such person
fulfilling the first year of their contract for the ensuing fiscal
year. Any stipend or signing bonus paid under the terms of this
subsection shall not be considered compensation for purposes of
teacher retirement or the minimum salary schedule.
Added by Laws 1971, c. 281, § 6-101, eff. July 2, 1971. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 67, operative July 1, 1990; Laws
1991, c. 3, § 5, eff. July 1, 1991; Laws 1993, c. 239, § 28, eff.
July 1, 1993; Laws 2001, c. 242, § 4, eff. July 1, 2001; Laws 2003,
c. 455, § 3, eff. July 1, 2003; Laws 2005, c. 185, § 1, emerg. eff.
May 17, 2005; Laws 2009, c. 270, § 1, eff. Nov. 1, 2009; Laws 2014,
c. 124, § 4, eff. July 1, 2014; Laws 2016, c. 323, § 1, eff. July 1,
2016.
§70-6-101.1. Annuity contracts, custodial accounts or face amount
investment annuity certificates - Teachers or employees.
A. A part of the salary, not to exceed the limitations on
deferrals provided in Section 403(b) of the Internal Revenue Code of
*+,-11'121#+,, .;(
1986, as amended, payable to a teacher or employee by a school
district may, at the election of such teacher or employee, be
deferred for the investment in an annuity contract from any insurance
company authorized to do business in Oklahoma or by the investment in
shares of regulated investment companies to be held in a custodial
account as authorized by Section 403(b)(7) of the Internal Revenue
Code of 1986, as amended, or by the investment in a face amount
investment annuity certificate issued by a company authorized to do
business in Oklahoma by the district for the teacher or employee,
provided that such teacher or employee is eligible to defer a portion
of their salary under the terms of the school district's 403(b) plan;
and the teacher or employee shall be entitled to have such annuity
contract, custodial account or face amount investment annuity
certificate continued in force in succeeding years by such school
district or any other school district subsequently employing the
teacher. Provided, that such amounts contributed or paid by a school
district must be made to vendors approved by such school district as
eligible to receive the elective deferrals. Provided further, that a
school district may revoke a previously approved vendor’s eligibility
to receive elective deferrals, thereby prohibiting future
contributions or payments to such vendor until it regains its
eligibility through subsequent approval from such school district.
The amounts so contributed or paid by the school district for the
annuity contract, custodial account or face amount investment annuity
certificate, or to continue it in force, shall be considered as
payment of salary, for the same amounts, to the teacher or employee
for State Aid purposes, Teachers' Retirement System purposes, or
Social Security purposes, but not for state income tax purposes.
Provided that the amount received under such annuity contracts,
custodial accounts or face amount investment annuity certificates
shall be income subject to state income tax when actually received,
unless otherwise exempt from income tax.
B. The provisions of subsection A of this section shall also
apply to employees of institutions, agencies and boards comprising
The Oklahoma State System of Higher Education who are eligible to
defer a portion of their salary under the terms of such institution,
agency or board's 403(b) plan. Such institutions, agencies and
boards may purchase annuity contracts, custodial accounts or face
amount investment annuity certificates from vendors approved by such
institution, agency or board as eligible to receive such
contributions or payments, provided that such vendor is:
1. An insurance company authorized to do business in Oklahoma;
2. A life insurance or annuity company organized and operated,
without profit to any private shareholder or individual, exclusively
for the purpose of aiding and strengthening educational institutions
by issuing insurance and annuity contracts only to or for the benefit
*+,-11'121#+,, .;()
of such institutions and individuals engaged in the services of such
institutions; or
3. A broker dealer licensed to sell shares of regulated
investment companies to be held in custodial accounts as authorized
by Section 403(b)(7) of the Internal Revenue Code of 1986, as
amended.
Provided further, that an institution, agency or board may revoke
a previously approved vendor’s eligibility to receive elective
deferrals, thereby prohibiting future contributions or payments to
such vendor until it regains its eligibility through subsequent
approval from such institution, agency or board.
Added by Laws 1971, c. 281, § 6-102, eff. July 2, 1971. Amended by
Laws 1972, c. 64, § 1, emerg. eff. March 28, 1972; Laws 1972, c. 205,
§ 1, emerg. eff. April 7, 1972; Laws 1987, c. 62, § 1, emerg. eff.
May 4, 1987. Renumbered from Title 70, § 6-102 by Laws 1989, 1st
Ex.Sess. c. 2, § 116, operative July 1, 1990. Amended by Laws 2008,
c. 327, § 1, eff. July 1, 2008.
§70-6-101.2. Consultant services - Contracts with retired
administrators - Contract requirements.
A. No local board of education or administration of a school
district or State Board of Education shall enter into a contract for
consultant services with any person who has retired as an
administrator with any school district for two (2) years after the
retirement date of such administrator. Nothing in this section shall
prohibit a board of education from employing as a substitute teacher,
a person who has retired as an administrator or teacher with a school
district within two (2) years after the retirement date of the
person.
B. In order for a local board of education, administration of a
school district or the State Board of Education to enter into a
contract with a person for consultant services as authorized by
subsection A of this section, the contract shall contain:
1. A specific list of duties to be performed by the person or by
any business entity, regardless of form, from which the person who
actually performs the services is authorized to derive any economic
benefit, whether direct or indirect;
2. A stated purpose for the contract and the specifically
identified need for the services to be performed;
3. An estimate of the duration of the contract, including
anticipated periods during which the contract may be renewed;
4. A requirement that the person or business entity performing
the consultant service provide the office space, supplies, personnel
and other items of expense required in order to perform the contract;
5. A requirement that the person or business entity performing
the consultant service provide a written description of services
*+,-11'121#+,, .;(!
performed under the contract no less than one time each quarter of
the year during which the contract is in effect; and
6. A specific identification of all persons who are authorized
to perform obligations imposed pursuant to the contract upon behalf
of the person or business entity providing consultant services.
C. No local board of education, administration of a school
district or State Board of Education may enter into a contract with a
natural person who will be employed for any period of time during
which there is in force and effect a contract for consultant services
to be performed by that person or by a business entity, regardless of
form, from which the person employed is authorized to derive any
economic benefit, whether direct or indirect. Nothing in this
section shall prohibit a local board of education of a school
district from contracting to pay for the attendance of school
district employees at classes or workshops conducted by a company
that employs one or more of the school district employees to conduct
the classes or workshops.
Added by Laws 1988, c. 128, § 1, emerg. eff. April 12, 1988.
Renumbered from § 6-102.7 of this title by Laws 1989, 1st Ex. Sess.,
c. 2, § 116, operative July 1, 1990. Amended by Laws 1995, c. 295, §
1, eff. July 1, 1995; Laws 2000, c. 40, § 1, eff. July 1, 2000.
§70-6-101.3. Definitions.
As used in Section 6-101 et seq. of this title:
1. "Administrator" means a duly certified person who devotes a
majority of time to service as a superintendent, elementary
superintendent, principal, supervisor, vice principal or in any other
administrative or supervisory capacity in the school district;
2. "Dismissal" means the discontinuance of the teaching service
of an administrator or teacher during the term of a written contract,
as provided by law;
3. "Nonreemployment" means the nonrenewal of the contract of an
administrator or teacher upon expiration of the contract;
4. "Career teacher" means a teacher who:
a. is employed by a school district prior to the 2017-2018
school year and has completed three (3) or more
consecutive complete school years as a teacher in one
school district under a written continuing or temporary
teaching contract, or
b. is employed for the first time by a school district
under a written continuing or temporary teaching
contract during the 2017-2018 school year and
thereafter:
(1) has completed three (3) consecutive complete
school years as a teacher in one school district
under a written continuing or temporary teaching
contract and has achieved a district evaluation
*+,-11'121#+,, .;(
rating of "superior" as measured pursuant to the
TLE as set forth in Section 6-101.16 of this title
for at least two (2) of the three (3) school
years,
(2) has completed four (4) consecutive complete school
years as a teacher in one school district under a
written continuing or temporary teaching contract,
has averaged a district evaluation rating of at
least "effective" as measured pursuant to the TLE
for the four-year period, and has received
district evaluation ratings of at least
"effective" for the last two (2) years of the
four-year period, or
(3) has completed four (4) or more consecutive
complete school years in one school district under
a written continuing or temporary teaching
contract and has not met the requirements of
subparagraph a or b of this paragraph, only if the
principal of the school at which the teacher is
employed submits a petition to the superintendent
of the school district requesting that the teacher
be granted career status, the superintendent
agrees with the petition, and the school district
board of education approves the petition. The
principal shall specify in the petition the
underlying facts supporting the granting of career
status to the teacher;
5. "Teacher hearing" means the hearing before a school district
board of education after a recommendation for dismissal or
nonreemployment of a teacher has been made but before any final
action is taken on the recommendation, held for the purpose of
affording the teacher all rights guaranteed by the United States
Constitution and the Constitution of Oklahoma under circumstances and
for enabling the board to determine whether to approve or disapprove
the recommendation;
6. "Probationary teacher" means a teacher who:
a. is employed by a school district prior to the 2017-2018
school year and has completed fewer than three (3)
consecutive complete school years as a teacher in one
school district under a written teaching contract, or
b. is employed for the first time by a school district
under a written teaching contract during the 2017-2018
school year and thereafter and has not met the
requirements for career teacher as provided in
paragraph 4 of this section;
*+,-11'121#+,, .;("
7. "Suspension" or "suspended" means the temporary
discontinuance of the services of an administrator or teacher, as
provided by law;
8. "Teacher" means a person defined as a teacher in Section 1-
116 of this title; and
9. "District evaluation rating" means the rating issued based on
the components of the TLE as set forth in subsection B of Section 6-
101.16 of this title.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 68, operative July 1,
1990. Amended by Laws 1991, c. 16, § 3, eff. July 1, 1991; Laws
2003, c. 434, § 8; Laws 2010, c. 291, § 8, eff. July 1, 2012; Laws
2011, c. 40, § 2; Laws 2013, c. 373, § 1; Laws 2014, c. 124, § 5,
eff. July 1, 2014; Laws 2015, c. 365, § 1, eff. July 1, 2015; Laws
2016, c. 301, § 1, eff. July 1, 2016; Laws 2016, c. 360, § 2, eff.
July 1, 2016.
NOTE: Laws 2011, c. 40, § 1 repealed by Laws 2012, c. 11, § 20,
emerg. eff. April 4, 2012.
§70-6-101.4. Power and duties of district superintendent - Exercise
of in elementary school districts.
The powers and duties set forth in Section 6-101 et seq. of Title
70 of the Oklahoma Statutes for the superintendent of a school
district shall be exercised by the elementary superintendent in
elementary school districts.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 69, operative July 1,
1990; Amended by Laws 1991, c. 16, § 4, eff. July 1, 1991.
§70-6-101.5. Rights created by this article subject to modification,
amendment, termination and repeal.
Any rights created by Sections 6-101 et seq. of Title 70 of the
Oklahoma Statutes are subject to modification, amendment, termination
and repeal by the Legislature.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 70, operative July 1, 1990.
§70-6-101.6. Categories of employment contracts.
A. All contracts for employment of, or related employee
information worksheets for, a teacher or administrator by a district
board of education shall include the following categories in a clear
and concise format:
1. Employee information including:
a. employee's name,
b. degree(s) employee holds,
c. number of years of teaching credit for salary purposes,
and
d. step placement on salary schedule;
2. Salary information including:
a. pay based on state minimum salary schedule,
*+,-11'121#+,, .;(
b. district salary supplement,
c. extra-duty or extracurricular salary amounts, itemized,
d. other salary,
e. total salary,
f. dollar amount of salary paid in cash, and
g. dollar amount of salary paid in fringe benefits, as
defined and allowed by Section 18-114.14 of this title,
with an itemized list of each benefit and amount paid
toward it; and
3. Benefits information including:
a. state-paid flexible benefit allowance amount,
b. district-paid retirement contributions (over any amount
for retirement insurance paid as part of salary and
excluding any amounts paid pursuant to Section 17-108.1
of this title),
c. district-paid health insurance (over any amount paid as
part of salary),
d. other district-paid benefits, such as life, dental,
disability, salary protection, vision, cancer, health
supplemental insurance (over any amount paid as part of
salary),
e. other benefits, with an itemized list of each benefit
and dollar amount paid toward it (not including any
benefits paid as part of salary), and
f. total district-paid benefits (not including any
benefits paid as part of salary).
B. Beginning with the 2016-2017 school year, school districts
shall annually provide to each teacher and administrator a copy of an
employee information worksheet containing information for each
teacher or administrator in the categories listed in subsection A of
this section prior to the first payroll in November. School
districts shall designate one or more persons to review the worksheet
with any teacher or administrator upon request to answer any
questions.
C. The State Department of Education shall require in its annual
personnel report the amounts paid in each category set out in
subparagraphs a through g of paragraph 2 and subparagraphs a through
f of paragraph 3 of subsection A of this section, disaggregated by
the categories of administrative personnel and certified teaching
personnel.
Added by Laws 2003, c. 290, § 1. Amended by Laws 2016, c. 274, § 1;
Laws 2016, c. 342, § 1.
§70-6-101.6a. Employment contracts - Status of applicant's children.
A. No contract for employment of, or related employee
information worksheets for, a teacher, administrator or other school
district personnel shall inquire of the applicant whether he or she
*+,-11'121#+,, .;(
has children or where the applicant plans to enroll his or her
children if hired.
B. Beginning with the 2013-2014 school year, a school district
board of education and administrator shall be prohibited from taking
into consideration or making a condition of employment the enrollment
status of an applicant's children.
Added by Laws 2013, c. 9, § 1.
§70-6-101.6b. Prohibiting disciplinary action against teachers for
reporting violations of law.
A. For purposes of this section, "teacher" means the term as
defined in paragraph 1 of Section 1-116 of Title 70 of the Oklahoma
Statutes.
B. No school district shall prohibit or take disciplinary action
against teachers for:
1. Disclosing public information to correct what the teacher
reasonably believes evidences a violation of the Oklahoma
Constitution or law or a rule promulgated pursuant to law;
2. Reporting a violation of the Oklahoma Constitution or state
or federal law; or
3. Taking any of the above actions without giving prior notice
to the teacher's supervisor or anyone else in the teacher's chain of
command.
C. For the purposes of this section, "reporting" means providing
a spoken or written account to a supervising teacher, administrator,
school board member, representative from the State Department of
Education, law enforcement official, district attorney and/or parent
or legal guardian of a student directly impacted by the actions.
D. Each school district shall prominently post or publish a copy
of this section of law in locations where it can reasonably be
expected to come to the attention of all teachers.
E. Nothing in this section shall be construed to allow a teacher
to violate students' or parents' rights to confidentiality and
protection under the Family Educational Rights and Privacy Act
(FERPA).
Added by Laws 2017, c. 291, § 1, eff. Nov. 1, 2017.
§70-6-101.7. Repealed by Laws 2013, 1st Ex. Sess., c. 8, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 74, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-101.8.
§70-6-101.8. Restrictions on attorneys involved in due process
hearings.
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An attorney, representative, or other designee of the school
district who has represented or represents a school district or the
administration of a school district at a hearing held for the purpose
of affording due process rights and requirements for an administrator
as provided for in Section 6-101.13 of Title 70 of the Oklahoma
Statutes, a teacher as provided for in Section 6-101.26 of Title 70
of the Oklahoma Statutes, or a support employee as provided for in
Section 6-101.46 of Title 70 of the Oklahoma Statutes or who has been
involved or participated in any prehearing actions of the school
district with respect to a recommendation for the termination of
employment or nonreemployment of an administrator, teacher, or
support employee shall not:
1. Conduct or preside as the hearing officer or judge at a due
process hearing or hearings; and
2. Attend, advise at, or in any way influence an executive
session of the school district board of education that is held in
conjunction with a due process hearing or hearings if the attorney,
representative, or other designee of the school district conducted or
presided over the due process hearing or hearings as the hearing
officer or judge.
Added by Laws 2013, 1st Ex. Sess., c. 8, § 2, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-101.7,
which was derived from Laws 2009, c. 228, § 74, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-101.10. Establishment of written policy of evaluation and
corresponding professional development.
A. Each school district board of education shall maintain and
annually review, following consultation with or involvement of
representatives selected by local teachers, a written policy of
evaluation and corresponding professional development for all
teachers and administrators. In those school districts in which
there exists a professional negotiations agreement made in accordance
with Section 509.1 et seq. of this title, the procedure for
evaluating members of the negotiations unit and any standards of
performance and conduct proposed for adoption beyond those
established by the State Board of Education shall be negotiable
items. Nothing in this section shall be construed to annul, modify
or to preclude the renewal or continuing of any existing agreement
heretofore entered into between any school district and any
organizational representative of its employees. Every policy of
evaluation adopted by a board of education shall:
1. Be based upon a set of minimum criteria developed by the
State Board of Education, which shall be revised and based upon the
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Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE)
developed by the State Board of Education as provided in Section 6-
101.16 of this title. The revisions to each policy of evaluation
shall be phased in according to the following schedule:
a. for the 2014-2015, 2015-2016 and 2016-2017 school
years, the evaluation rating of teachers and
administrators shall be based on the qualitative
component of the TLE. For the 2016-2017 school year,
the State Department of Education shall work with
school districts to develop individualized programs of
professional development as described in subsection B
of this section. However, nothing in this subparagraph
shall preclude a school district with an average daily
attendance of more than thirty-five thousand (35,000)
from continuing to use quantitative components which
the district has incorporated at its own expense prior
to the 2015-2016 school year into its evaluation system
of teachers and administrators, as defined by the
district's written policy,
b. for evaluations of teachers and administrators
conducted during the 2017-2018 school year, and each
school year thereafter, school districts shall
incorporate and put into operation the qualitative
component of the TLE as provided for in subsection B of
Section 6-101.16 of this title into the evaluations
used in all school sites within the district. For the
2017-2018 school year, and each school year thereafter,
teachers and administrators shall receive a district
evaluation rating based on the components of the TLE as
set forth in subsection B of Section 6-101.16 of this
title. For the 2017-2018 school year, school districts
shall incorporate the individualized programs of
professional development as described in subsection B
of this section on a pilot program basis, and
c. for evaluations of teachers and administrators
conducted during the 2018-2019 school year, and each
school year thereafter, school districts shall fully
incorporate and put into operation the individualized
programs of professional development as described in
subsection B of this section;
2. Be prescribed in writing at the time of adoption and at all
times when amendments to the policy are adopted. The original policy
and all amendments to the policy shall be promptly made available to
all persons subject to the policy;
3. Provide that all evaluations be made in writing and that
evaluation documents and responses thereto be maintained in a
personnel file for each evaluated person;
*+,-11'121#+,, .;((
4. Provide that every probationary teacher receive formative
feedback from the evaluation process at least two times per school
year, once during the fall semester and once during the spring
semester;
5. Provide that every teacher be evaluated once every year,
except for career teachers receiving a district evaluation rating of
"superior" or "highly effective" under the TLE who may be evaluated
once every three (3) years; and
6. Provide that, except for superintendents of independent and
elementary school districts and superintendents of area school
districts who shall be evaluated by the school district board of
education, all certified personnel shall be evaluated by a principal,
assistant principal, designee of the principal, supervisor, content
expert, department chair, peer committee or other trained persons or
groups of persons designated by the school district board of
education.
B. 1. Every policy of professional development adopted by a
school district board of education shall provide for the development
of a focused and individualized program of professional development
for the teacher or administrator that is consistent with the
qualitative component of the TLE. The policy of professional
development shall:
a. establish an annual professional growth goal for the
teacher or administrator that is developed by the
teacher or administrator in collaboration with the
evaluator,
b. be tailored to address a specific area or criteria
identified through the qualitative component of the
TLE,
c. allow the teacher or administrator to actively engage
with learning practices that are evidence-based,
researched practices that are correlated with increased
student achievement, and
d. be supported by resources that are easily available and
supplied by the school district and the State
Department of Education.
2. School districts shall monitor compliance with each
individualized program of professional development implemented
pursuant to this subsection. All professional development completed
pursuant to an individualized program of professional development
shall count toward the total number of points a teacher or
administrator is required to complete as established by a school
district board of education pursuant to Section 6-194 of this title.
The implementation of the individualized program of professional
development required by this subsection shall not be construed as
increasing the professional development points requirements.
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3. Individualized programs of professional development required
by this subsection may include but are not limited to the following
learning practices:
a. presenter-led workshops,
b. individual or faculty studies of books, scholarly
articles and video productions,
c. peer observations,
d. committee studies to address student achievement
issues,
e. work related to a specific subject area or areas
associated with obtaining an advanced degree or
professional certification,
f. action research projects designed to improve student
achievement, and
g. participation in local, regional or state initiatives
associated with the development or implementation of
curriculum standards.
C. All individuals designated by the school district board of
education to conduct the personnel evaluations shall be required to
participate in training conducted by the State Department of
Education or training provided by the school district using
guidelines and materials developed by the State Department of
Education prior to conducting evaluations.
D. The State Department of Education shall develop and conduct
workshops pursuant to statewide criteria which train individuals in
conducting evaluations.
E. The State Board of Education shall monitor compliance with
the provisions of this section by school districts.
F. The State Board of Education shall study continued
implementation of the TLE to produce a system that promotes
reflection and professional growth for teachers and leaders.
G. Refusal by a school district to comply with the provisions of
this section shall be grounds for withholding State Aid funds until
compliance occurs.
H. Data collected pursuant to this section shall not be subject
to the Oklahoma Open Meeting Act or the Oklahoma Open Records Act.
Added by Laws 1977, c. 262, § 2, emerg. eff. June 17, 1977. Amended
by Laws 1985, c. 329, § 16, emerg. eff. July 30, 1985; Laws 1986, c.
259, § 51, operative July 1, 1986; Laws 1987, c. 204, § 118,
operative July 1, 1987; Laws 1989, 1st Ex. Sess., c. 2, § 71,
operative July 1, 1990. Renumbered from § 6-102.2 of this title by
Laws 1989, 1st Ex. Sess., c. 2, § 117, operative July 1, 1990.
Amended by Laws 1991, c. 3, § 7, eff. July 1, 1991; Laws 1993, c.
239, § 29, eff. July 1, 1993; Laws 2010, c. 291, § 5, eff. July 1,
2010; Laws 2013, c. 10, § 1, eff. July 1, 2013; Laws 2013, c. 373, §
2; Laws 2014, c. 331, § 1, eff. July 1, 2014; Laws 2015, c. 365, § 2,
eff. July 1, 2015; Laws 2016, c. 301, § 2, eff. July 1, 2016.
*+,-11'121#+,, .;()
§70-6-101.11. Copy of evaluation to person evaluated - Disclosure at
hearings - Confidentiality.
Whenever any evaluation is made of a teacher or administrator, a
true copy of the evaluation shall be presented to the person
evaluated, who shall acknowledge the written evaluation by signing
the original. Within two (2) weeks after the evaluation, the person
evaluated may respond and said response shall be made part of the
record. Except by order of a court of competent jurisdiction,
evaluation documents and the responses thereto shall be available
only to the evaluated person, the board of education, the
administrative staff making the evaluation, the board and
administrative staff of any school to which such evaluated person
applies for employment and such other persons as are specified by the
teacher in writing and shall be subject to disclosure at any hearing
involving a teacher or administrator's dismissal or nonrenewal from
employment. Data collected pursuant to Section 6-101.10 shall be
available to authorized representatives of the State Department of
Education and its contracting designees who must be contractually
bound to the Department to maintain confidentiality of all
information received from the Department when such evaluation data is
used by the Department for data collection/analysis purposes under
the Oklahoma Teacher and Leader Effectiveness Evaluation System, and
such other persons as are specified by the teacher in writing and
shall be subject to disclosure at any hearing involving a teacher or
administrator's dismissal or nonrenewal from employment.
Added by Laws 1977, c. 262, § 3, emerg. eff. June 17, 1977. Amended
by Laws 1989, 1st Ex.Sess., c. 2, § 72, operative July 1, 1990.
Renumbered from Title 70, § 6-102.3 by Laws 1989, 1st Ex.Sess, c. 2,
§ 117, operative July 1, 1990. Amended by Laws 2014, c. 331, § 2,
eff. July 1, 2014.
§70-6-101.12. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.
§70-6-101.13. Full-time certified administrators - Dismissal or
nonreemployment - Due process.
A. Whenever the school district board of education or the
administration of a school district shall determine that the
dismissal or nonreemployment of a full-time certified administrator
from the administrative position within the school district should be
effected, the administrator shall be entitled to the following due
process procedures:
1. A statement shall be submitted to the administrator in
writing prior to the dismissal or nonreemployment which states the
proposed action, lists the reasons for effecting the action, and
notifies the administrator of his or her right to a hearing before
the school district board of education prior to the action; and
*+,-11'121#+,, .;(!
2. A hearing before the school district board of education shall
be granted upon the request of the administrator prior to the
dismissal or nonreemployment. A request for a hearing shall be
submitted to the board of education not later than ten (10) days
after the administrator has been notified of the proposed action.
B. Failure of the administrator to request a hearing before the
school district board of education within ten (10) days after
receiving the written statement shall constitute a waiver of the
right to a hearing. No decision of the board of education concerning
the dismissal or nonreemployment of a full-time certified
administrator shall be effective until the administrator has been
afforded due process as specified in this section. The decision of
the school district board of education concerning the dismissal or
nonreemployment, following the hearing, shall be final.
C. Beginning with the 2017-2018 school year and thereafter, a
principal who has received district evaluation ratings of
"ineffective" as measured pursuant to the TLE as set forth in Section
6-101.16 of this title for two (2) consecutive school years may be
dismissed or not reemployed by the school district, subject to the
due process procedures of this section.
Added by Laws 1985, c. 234, § 1, eff. Nov. 1, 1985. Amended by Laws
1986, c. 290, § 1, eff. Nov. 1, 1986. Renumbered from § 6-102.4 of
this title by Laws 1989, 1st Ex. Sess., c. 2, § 118, operative July
1, 1990. Amended by Laws 2010, c. 291, § 9, eff. July 1, 2012; Laws
2013, c. 373, § 3; Laws 2015, c. 365, § 3, eff. July 1, 2015; Laws
2016, c. 301, § 3, eff. July 1, 2016.
§70-6-101.14. Administrators - Suspension.
Whenever the local board of education or the administration of a
school district has reason to believe that cause exists for the
dismissal of an administrator, and when they are of the opinion that
the immediate suspension of an administrator would be in the best
interests of the children in the district, the local board of
education or the superintendent of the school district may suspend
the administrator without notice or hearing. However, the suspension
of the administrator shall not deprive the administrator of any
compensation or other benefits to which he or she would otherwise be
entitled under his or her contract or pursuant to law. Within ten
(10) days' time after such suspension becomes effective, the local
board of education shall initiate proceedings pursuant to Section 6-
102.4 of this title to have the administrator dismissed. However, in
a case involving a criminal charge or indictment, such suspension may
extend to such time as the administrator's case is finally
adjudicated at a trial. Provided, however, such extension shall not
include any appeal process.
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Added by Laws 1986, c. 290, § 2, eff. Nov. 1, 1986. Renumbered from
§ 6-102.6 by Laws 1989, 1st Ex. Sess., c. 2, § 118, operative July 1,
1990. Amended by Laws 1995, c. 8, § 1, eff. July 1, 1995.
§70-6-101.15. Administrators - Conviction of felony - Criminal
sexual activity or sexual misconduct.
A. An administrator shall be dismissed or not reemployed, unless
a presidential or gubernatorial pardon has been issued, if during the
term of employment such administrator is convicted in this state, the
United States or another state of:
1. Any sex offense subject to the Sex Offenders Registration Act
in this state or subject to another state's or the federal sex
offender registration provisions; or
2. Any felony offense.
B. An administrator may be dismissed, refused employment or not
reemployed after a finding that such person has engaged in criminal
sexual activity or sexual misconduct that has impeded the
effectiveness of the individual's performance of school duties. As
used in this subsection:
1. "Criminal sexual activity" means the commission of an act as
defined in Section 886 of Title 21 of the Oklahoma Statutes, which is
the act of sodomy; and
2. "Sexual misconduct" means the soliciting or imposing of
criminal sexual activity.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 74, operative July 1, 1990.
Amended by Laws 1998, c. 411, § 1, eff. July 1, 1998.
§70-6-101.16. Oklahoma Teacher and Leader Effectiveness Evaluation
System.
A. By December 15, 2011, the State Board of Education shall
adopt a new statewide system of evaluation to be known as the
Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE).
The Board shall work cooperatively with school districts to
incorporate the components of the TLE in all school districts by the
2017-2018 school year as provided for in Section 6-101.10 of this
title.
B. The TLE shall include the following components:
1. Annual evaluations that provide feedback to improve student
learning and outcomes, except as provided for in subsection C of this
section;
2. A five-tier district evaluation rating system as follows:
a. superior,
b. highly effective,
c. effective,
d. needs improvement, and
e. ineffective;
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3. An evidence-based qualitative assessment tool for the teacher
qualitative portion of the TLE that will include observable and
measurable characteristics of personnel and classroom practices that
are correlated to student performance success, including, but not
limited to:
a. organizational and classroom management skills,
b. ability to provide effective instruction,
c. focus on continuous improvement and professional
growth,
d. interpersonal skills, and
e. leadership skills;
4. An evidence-based qualitative assessment tool for the leader
qualitative portion of the TLE that will include observable and
measurable characteristics of personnel and site management practices
that are correlated to student performance success, including, but
not limited to:
a. organizational and school management, including
retention and development of effective teachers and
dismissal of ineffective teachers,
b. instructional leadership,
c. professional growth and responsibility,
d. interpersonal skills,
e. leadership skills, and
f. stakeholder perceptions;
5. An individualized program of professional development for all
teachers and administrators as adopted by the school district board
of education as set forth in subsection B of Section 6-101.10 of this
title;
6. For districts choosing to use, at their own expense,
quantitative measures of teachers and leaders as part of the district
evaluation rating, such measures shall include a minimum of one
reliable, research-based measure as approved by the State Board of
Education pursuant to subsection D of this section; and
7. For all district evaluations, student performance, including
performance on the statewide criterion-referenced tests if available,
shall be discussed with the teacher and may be one of the
considerations for the teacher's district evaluation rating.
C. Career teachers receiving a district evaluation rating of
"superior" or "highly effective" under the TLE may be evaluated once
every three (3) years.
D. By December 1, 2015, the Teacher and Leader Effectiveness
Commission shall recommend to the State Board of Education multiple
reliable, research-based measures to provide a quantitative
evaluation component for teachers. The State Board of Education
shall approve and publish a list of approved measures by February 1,
2016.
*+,-11'121#+,, .;(
E. A school district with an average daily attendance of more
than thirty-five thousand (35,000) which has incorporated
quantitative components of the TLE into its evaluation system of
teachers and administrators prior to the 2015-2016 school year may
continue using its evaluation system, as defined by the school
district's written policies, notwithstanding the provisions of this
section and regardless of the State Board of Education's adoption of
quantitative components pursuant to this section.
F. The State Department of Education shall provide to the
Oklahoma State Regents for Higher Education and the Oklahoma
Commission for Educational Quality and Accountability timely
electronic data linked to teachers and leaders derived from the TLE
for purposes of providing a basis for the development of
accountability and quality improvements of the teacher preparation
system. The data shall be provided in a manner and at such times as
agreed upon between the Department, the State Regents and the
Commission.
G. For purposes of this section, "leader" means a principal,
assistant principal or any other school administrator who is
responsible for supervising classroom teachers.
H. The State Department of Education shall keep all data
collected pursuant to the TLE and records of annual evaluations
received pursuant to this section confidential. Records created
pursuant to this section which identify, in any way, a current or
former public employee shall not be subject to disclosure under the
Oklahoma Open Records Act. Nothing in this subsection shall be
construed to prohibit disclosure otherwise required by this section;
provided, however, any provisions requiring disclosure of TLE records
shall be construed narrowly and all individually identifying
information shall be removed from such records to the fullest extent
possible.
Added by Laws 2010, c. 291, § 6, eff. July 1, 2010. Amended by Laws
2011, c. 177, § 1, eff. July 1, 2011; Laws 2013, c. 10, § 2, eff.
July 1, 2013; Laws 2013, c. 373, § 4; Laws 2014, c. 130, § 2, eff.
Nov. 1, 2014; Laws 2015, c. 54, § 29, emerg. eff. April 10, 2015;
Laws 2015, c. 365, § 4, eff. July 1, 2015; Laws 2016, c. 301, § 4,
eff. July 1, 2016.
NOTE: Laws 2014, c. 331, § 3 repealed by Laws 2015, c. 54, § 30,
emerg. eff. April 10, 2015.
§70-6-101.17. Repealed by Laws 2017, c. 3, § 5, eff. Nov. 1, 2017.
§70-6-101.20. Teacher Due Process Act of 1990 - Short title.
Sections 75 through 85 of this act shall be known and may be
cited as the "Teacher Due Process Act of 1990".
Added by Laws 1989, 1st Ex.Sess., c. 2, § 75, operative July 1, 1990.
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§70-6-101.21. Standards of performance and conduct for teachers.
A. The State Board of Education shall promulgate standards of
performance and conduct for teachers. A copy of such standards, any
amendments to such standards and any standards adopted by the board
of education of the school district shall be provided by the board of
education of each school district to each teacher on or before April
10 of each year.
B. The State Board of Education shall include the statutory
grounds for dismissal and nonreemployment of career teachers within
this standards document.
C. Standards which may be adopted by the board of education of a
school district shall not conflict with state or federal law or
standards promulgated by the State Board of Education.
D. In determining whether or not the professional performance of
a teacher is adequate, the standards adopted by the State Board of
Education shall be considered. Consideration may be given to any
written standards of performance which have been adopted by any other
education-oriented organization or agency. Professional performance
or conduct of a teacher which is in compliance with standards adopted
by the State Board of Education or the local board of education
pursuant to Section 71 of this act shall not be considered in support
of any dismissal or nonreemployment action against the teacher.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 76, operative July 1, 1990.
§70-6-101.22. Grounds for dismissal or nonreemployment.
A. Subject to the provisions of the Teacher Due Process Act of
1990, a career teacher may be dismissed or not reemployed for:
1. Willful neglect of duty;
2. Repeated negligence in performance of duty;
3. Mental or physical abuse to a child;
4. Incompetency;
5. Instructional ineffectiveness;
6. Unsatisfactory teaching performance;
7. Commission of an act of moral turpitude; or
8. Abandonment of contract.
B. Subject to the provisions of the Teacher Due Process Act of
1990, a probationary teacher may be dismissed or not reemployed for
cause.
C. During the 2017-2018 school year and thereafter:
1. A career teacher who has received a district evaluation
rating of "ineffective" for two (2) consecutive school years shall be
dismissed or not reemployed on the grounds of instructional
ineffectiveness by the school district, subject to the provisions of
the Teacher Due Process Act of 1990. However, the superintendent may
recommend and the school district board of education may approve
continued employment of the teacher; and
*+,-11'121#+,, .;($
2. A career teacher who has received a district evaluation
rating of "needs improvement" or lower for three (3) consecutive
school years may be dismissed or not reemployed on the grounds of
instructional ineffectiveness by the school district, subject to the
provisions of the Teacher Due Process Act of 1990.
D. During the 2017-2018 school year and thereafter:
1. A probationary teacher who has received a district evaluation
rating of "ineffective" as measured pursuant to the TLE for two (2)
consecutive school years may be dismissed or not reemployed by the
school district subject to the provisions of the Teacher Due Process
Act of 1990; and
2. A probationary teacher who has not attained career teacher
status within a four-year period may be dismissed or not reemployed
by the school district, subject to the provisions of the Teacher Due
Process Act of 1990.
E. A teacher shall be dismissed or not reemployed, unless a
presidential or gubernatorial pardon has been issued, if during the
term of employment the teacher is convicted in this state, the United
States or another state of:
1. Any sex offense subject to the Sex Offenders Registration Act
in this state or subject to another state's or the federal sex
offender registration provisions; or
2. Any felony offense.
F. A teacher may be dismissed, refused employment or not
reemployed after a finding that such person has engaged in acts that
could form the basis of criminal charges sufficient to result in the
denial or revocation of a certificate for a reason set forth in
subparagraph a of paragraph 6 of Section 3-104 of this title.
G. As used in this section, "abandonment of contract" means the
failure of a teacher to report at the beginning of the contract term
or otherwise perform the duties of a contract of employment when the
teacher has accepted other employment or is performing work for
another employer that prevents the teacher from fulfilling the
obligations of the contract of employment.
H. A school district shall notify the State Board of Education
within ten (10) days of the dismissal or nonreemployment of a
probationary or career teacher for reasons outlined in subsection F
of this section.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 77, operative July 1,
1990. Amended by Laws 1998, c. 411, § 2, eff. July 1, 1998; Laws
2006, c. 112, § 1, eff. July 1, 2006; Laws 2010, c. 291, § 10, eff.
July 1, 2012; Laws 2013, c. 256, § 2, eff. July 1, 2013; Laws 2013,
c. 373, § 5; Laws 2015, c. 365, § 5, eff. July 1, 2015; Laws 2016, c.
301, § 5, eff. July 1, 2016.
§70-6-101.23. Application of act - Exemptions.
*+,-11'121#+,, .;($$
A. The dismissal, suspension and nonreemployment provisions of
the Teacher Due Process Act of 1990 shall not apply to:
1. Substitute teachers;
2. Adult education teachers; and
3. Teachers who are employed on temporary contracts.
B. The dismissal and suspension provisions of the Teacher Due
Process Act of 1990 shall apply to teachers who are employed on
temporary contracts for a complete school year and to teachers who
are employed in positions fully funded by federal or private
categorical grants, except that such teachers shall be employed only
for the duration of the temporary contract or the grant.
C. The evaluation provisions in Sections 6-101.10 and 6-101.11
of this title and in the Teacher Due Process Act of 1990 shall apply
to teachers who are employed on temporary contracts for a complete
school year and to teachers who are employed in positions fully
funded by federal or private categorical grants, except that such
teachers shall be employed only for the duration of the temporary
contract or the grant.
D. Teachers other than those specifically excepted in subsection
A of this section who are employed on contracts shall be afforded all
substantive and procedural rights set forth in the Teacher Due
Process Act of 1990 including the dismissal, suspension, and
nonreemployment provisions applicable to probationary or career
teachers as defined in Section 6-101.3 of this title.
E. On and after the effective date of this act any teacher who
has worked a complete school year under a temporary contract in a
school district shall be granted a year of service credit toward
career status in that district.
F. No teacher shall be hired on a temporary contract by a school
district for more than four semesters or on multiple temporary
contracts by a school district that together are for more than four
semesters, except for a:
1. Teacher hired to replace a teacher who is on an approved
leave of absence and who is expected to return to employment with the
school district; or
2. Teacher who is a retired member of the Teachers' Retirement
System of Oklahoma.
G. No teacher shall be offered a temporary contract with a
school district without a full written disclosure at the time a
position is offered by the administration of the school district
which sets forth the terms and conditions of the temporary contract.
In the event the school district fails to provide such written
disclosure, the teacher shall be considered as employed on a
continuing contract basis.
H. On and after the effective date of this act no teacher who is
employed on a continuing contract basis by a school district shall be
reemployed on a temporary contract in that school district.
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Added by Laws 1989, 1st Ex. Sess., c. 2, § 78, operative July 1,
1990. Amended by Laws 1999, c. 114, § 1, eff. July 1, 1999; Laws
2000, c. 357, § 1, eff. July 1, 2000; Laws 2009, c. 25, § 1, eff.
July 1, 2009; Laws 2010, c. 34, § 1, eff. July 1, 2010; Laws 2013, c.
92, § 1, eff. July 1, 2013.
§70-6-101.24. Poor performance or conduct of teacher -
Administrator's duties and responsibilities - Compliance with act
required.
A. Upon full implementation of the Oklahoma Teacher and Leader
Effectiveness Evaluation System (TLE) as set forth in Section 6-
101.10 of this title, when a teacher receives a rating as measured
pursuant to the TLE as set forth in Section 6-101.16 of this title
that may lead to a recommendation for the dismissal or
nonreemployment of the teacher or when an administrator identifies
poor performance or conduct that the administrator believes may lead
to a recommendation for the dismissal or nonreemployment of the
teacher, the administrator shall:
1. Admonish the teacher, in writing, and make a reasonable
effort to assist the teacher in correcting the poor performance or
conduct; and
2. Establish a reasonable time for improvement, not to exceed
two (2) months, taking into consideration the rating on the
evaluation or the nature and gravity of the performance or conduct.
B. If the teacher does not correct the poor performance or
conduct cited in the admonition within the time specified, the
administrator shall make a recommendation to the superintendent of
the school district for the dismissal or nonreemployment of the
teacher.
C. Whenever a member of the board of education, superintendent,
or other administrator identifies poor performance or conduct that
may lead to a recommendation for dismissal or nonreemployment of a
teacher within the district, the administrator who has responsibility
for evaluation of the teacher shall be informed, and that
administrator shall comply with the procedures set forth in this
section. If the administrator fails or refuses to admonish the
teacher within ten (10) days after being so informed by the board,
superintendent, or other administrator, such board, superintendent or
other administrator shall admonish the teacher pursuant to the
provisions of this section.
D. Repeated negligence in performance of duty, willful neglect
of duty, incompetency, instructional ineffectiveness or
unsatisfactory teaching performance, for a career teacher, or any
cause related to inadequate teaching performance for a probationary
teacher, shall not be a basis for a recommendation to dismiss or not
reemploy a teacher unless and until the provisions of this section
have been complied with.
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Added by Laws 1989, 1st Ex.Sess., c. 2, § 79, operative July 1, 1990.
Amended by Laws 1992, c. 34, § 1, eff. July 1, 1992; Laws 2010, c.
291, § 11, eff. July 1, 2012; Laws 2013, c. 373, § 6.
§70-6-101.25. Recommendation of dismissal or not to reemploy to be
in writing - Basis or grounds.
>
If the teacher subject to such recommendation is a career
teacher, the recommendation shall specify the statutory grounds for
which the recommendation is based.
If the teacher subject to such recommendation is a probationary
teacher, the recommendation shall specify the cause for which the
recommendation is based.
The superintendent shall also specify the underlying facts
supporting the recommendation.
B. If the recommendation includes grounds that could form the
basis of criminal charges sufficient to result in the denial or
revocation of a certificate for a reason set forth in subparagraph a
of paragraph 6 of Section 3-104 of this title, a copy of the
recommendation shall also be forwarded to the State Board of
Education after the completion of due process procedures pursuant to
Section 6-101.26 of this title or after the teacher resigns. Failure
to forward a copy of the recommendation to the State Board of
Education shall not be the basis for any claim or action against a
public school, its board of education, employees, agents or other
representatives. If the school district forwards a copy of the
recommendation to the State Board of Education, the school district
shall contemporaneously forward a copy to the teacher subject to such
recommendation. The teacher may provide supplementary information to
the State Board of Education.
C. Only school districts may request a copy of the
recommendation from the State Board of Education, and only if a
teacher is being considered for new employment or a teacher is
currently employed by the requesting school district. The State
Board of Education shall notify the teacher subject to the
recommendation if such a request is made and provide the identity of
the school district that made such request. The State Board of
Education shall provide the requesting school district documents
related to the recommendation as well as any supplementary
information provided by the teacher subject to the recommendation,
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and copies shall be contemporaneously forwarded to the teacher
subject to the recommendation. Records provided to a requesting
school district pursuant to this subsection shall be kept
confidential.
D. Except as provided for in subsection C of this section, the
State Board of Education shall keep recommendations submitted
pursuant to subsection B of this section confidential. Records
created pursuant to this section shall not be subject to disclosure
under the Oklahoma Open Records Act.
E. If the State Board of Education or a school district that
generated or received documents pursuant to subsection C of this
section is served a subpoena requesting disclosure of the documents,
the teacher subject to the recommendation shall immediately be
notified and be provided the opportunity to object to the subpoena.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 80, operative July 1, 1990.
Amended by Laws 2015, c. 366, § 1, eff. July 1, 2015.
§70-6-101.26. Mailing or delivery of recommendation to teacher -
Teacher hearing.
A. Whenever a board of education receives a recommendation from
the superintendent for the dismissal or nonreemployment of a teacher,
the board or individual designated by the board shall mail a copy of
the recommendation to the teacher by certified mail, restricted
delivery, return receipt requested, by personal delivery to the
teacher with a signed acknowledgement of receipt, or by delivery by a
process server. By the same means, the board shall notify the
teacher of the right to a hearing before the board and the date, time
and place set by the board for the hearing, which shall be held
within the school district not sooner than twenty (20) days or later
than sixty (60) days after receipt of notice by the teacher, the date
on the personal receipt by hand-delivery to the teacher, or the date
of delivery by a process server. The notice shall specify the
statutory grounds upon which the recommendation is based upon for a
career teacher or shall specify the cause upon which the
recommendation is based upon for a probationary teacher. The notice
shall also specify the underlying facts supporting the
recommendation. At the hearing, the teacher shall be entitled to all
rights guaranteed under the circumstances by the United States
Constitution and the Constitution of Oklahoma.
B. The teacher hearing shall be conducted by the district board
according to procedures established by the State Board of Education.
C. Only after due consideration of the evidence and testimony
presented at the hearing shall the district board decide whether to
dismiss or nonreemploy the teacher. The vote of the board shall be
made in an open meeting. The board shall also notify the teacher of
the decision, including the basis for the decision, by certified
mail, restricted delivery, return receipt requested, or substitute
*+,-11'121#+,, .;($!
process as provided by law. The decision of the board regarding a
teacher shall be final and nonappealable. At the hearing the burden
of proof shall be upon the superintendent or designee, and the
standard of proof shall be by the preponderance of the evidence. The
teacher shall receive any compensation or benefits to which the
teacher is otherwise entitled until the decision of the board becomes
final. If the hearing for a teacher is for nonreemployment, such
compensation and benefits may be continued only until the end of the
current contract of the teacher.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 81, operative July 1,
1990. Amended by Laws 2003, c. 434, § 9; Laws 2006, c. 112, § 2,
eff. July 1, 2006; Laws 2010, c. 291, § 12, eff. July 1, 2012; Laws
2011, c. 40, § 4.
NOTE: Laws 2011, c. 40, § 3 repealed by Laws 2012, c. 11, § 21,
emerg. eff. April 4, 2012.
§70-6-101.27. Repealed by Laws 2011, c. 40, §§ 6 and 7.
§70-6-101.28. Applicable procedure.
The applicable procedure in the event of a recommendation by the
superintendent for the dismissal or nonreemployment of a teacher
shall be that procedure provided by law on the date such dismissal or
nonreemployment is recommended to the local board of education.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 83, operative July 1, 1990.
§70-6-101.29. Immediate suspension - Compensation and benefits -
Hearing for dismissal.
Whenever the superintendent of a school district has reason to
believe that cause exists for the dismissal of a teacher and is of
the opinion that the immediate suspension of the teacher would be in
the best interests of the children in the district, the
superintendent or the local board of education upon receiving
recommendation for suspension from the superintendent may suspend the
teacher without notice or hearing. However, the suspension shall not
deprive the teacher of any compensation or other benefits to which
otherwise entitled. Within ten (10) days' time after the suspension
becomes effective, the local board of education shall initiate a
hearing for dismissal pursuant to law.
However, in a case involving a criminal charge or indictment, the
suspension may extend until the case for the teacher is finally
adjudicated at trial. The extension shall not include any appeal
process.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 84, operative July 1,
1990. Amended by Laws 1992, c. 34, § 2, eff. July 1, 1992; Laws
2011, c. 40, § 5.
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§70-6-101.30. Annexed or consolidated district to give teacher
credit for years of service in annexed or consolidated district.
A. If a school district is annexed, either voluntarily or
involuntarily, by another school district, the annexing district
shall give teachers credit for all purposes for years of service
performed in the annexed district as though said years of service
were actually performed in the annexing district.
B. In the event school districts are consolidated, the
consolidated school district shall give teachers credit for all
purposes for years of service in the school districts which are
consolidated as though said years of service were actually performed
in the consolidated school district.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 85, operative July 1, 1990.
§70-6-101.31. Determining retention or reassignment of teachers and
administrators.
Upon full implementation of the Oklahoma Teacher and Leader
Effectiveness Evaluation System (TLE) as set forth in Section 6-
101.10 of this title, the primary basis used in determining the
retention or reassignment of affected teachers and administrators
when a school district implements a reduction-in-force plan shall be
the ratings of the teachers and administrators as measured pursuant
to the TLE as set forth in Section 6-101.16 of this title.
Added by Laws 2010, c. 291, § 14, eff. July 1, 2012. Amended by Laws
2013, c. 373, § 7.
§70-6-101.32. Implementation of rules.
0
Added by Laws 2015, c. 365, § 6, eff. July 1, 2015.
§70-6-101.40. Suspension, demotion, termination or nonreemployment
for cause of support employee.
A support employee who has been employed by a local board of
education for more than one (1) year shall be subject to suspension,
demotion, termination or nonreemployment only for cause, as
designated by the policy of the local board of education, adopted as
provided in Section 6-101.43 of this title. This section shall not
be construed to prevent layoffs for lack of funds or work. For
purposes of this act, "support employee" means a full-time employee
of a school district as determined by the standard period of labor
which is customarily understood to constitute full-time employment
for the type of services performed by the employee who is employed a
minimum of one hundred seventy-two (172) days and who provides those
services, not performed by professional educators or certified
*+,-11'121#+,, .;($"
teachers, which are necessary for the efficient and satisfactory
functioning of a school district and shall not include adult
education instructors or adult coordinators employed by technology
center school districts.
Added by Laws 1981, c. 122, § 1, eff. Jan. 1, 1982. Amended by Laws
1985, c. 143, § 3, eff. July 1, 1985. Renumbered from § 24-133 of
this title by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July
1, 1990. Amended by Laws 1993, c. 215, § 2, emerg. eff. May 24,
1993; Laws 1993, c. 360, § 8, eff. July 1, 1993; Laws 2001, c. 33, §
79, eff. July 1, 2001; Laws 2014, c. 124, § 6, eff. July 1, 2014.
NOTE: Laws 1993, c. 20, § 1 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§70-6-101.41. School support employees - Conviction of felony -
Criminal sexual activity or sexual misconduct.
A. A school support employee as defined in Section 6-101.40 of
this title shall be dismissed or not reemployed, unless a
presidential or gubernatorial pardon has been issued, if during the
term of employment such employee is convicted in this state, the
United States or another state of:
1. Any sex offense subject to the Sex Offenders Registration Act
in this state or subject to another state's or the federal sex
offender registration provisions; or
2. Any felony offense.
B. A school support employee may be dismissed, refused
employment or not reemployed after a finding that such person has
engaged in criminal sexual activity or sexual misconduct that has
impeded the effectiveness of the individual's performance of school
duties. As used in this subsection:
1. "Criminal sexual activity" means the commission of an act as
defined in Section 886 of Title 21 of the Oklahoma Statutes, which is
the act of sodomy; and
2. "Sexual misconduct" means the soliciting or imposing of
criminal sexual activity.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 86, operative July 1, 1990.
Amended by Laws 1998, c. 411, § 3, eff. July 1, 1998.
§70-6-101.42. Wage increase for 2018-19 school year.
A. For the 2018-19 school year, each school district shall
provide to every support employee a wage increase over the base
amount the employee earned during the 2017-18 school year if the
support employee is employed by the same school district for the
2018-19 school year in the amount of One Thousand Two Hundred Fifty
Dollars ($1,250.00). The dollar amount of salary increase authorized
by this subsection shall be prorated based upon the number of total
hours of work performed by a full-time-equivalent support employee.
*+,-11'121#+,, .;($
B. The increase prescribed by this section shall be in addition
to any other compensation and fringe benefits provided by the
district, or mandated by law or collective bargaining agreement,
unless the hours or duties of the support employee are reduced
proportionately.
Added by Laws 2018, 2nd Ex. Sess., c. 15, § 1, eff. July 1, 2018.
§70-6-101.43. Adoption and publication of disciplinary policy for
support personnel - Copies.
Each local board of education shall adopt a policy statement
defining the causes and procedures for suspension, demotion,
termination or nonreemployment of support personnel. Upon adoption
of such policy, a copy thereof shall be furnished to each support
employee.
Added by Laws 1981, c. 122, § 2, eff. Jan. 1, 1982. Renumbered from
§ 24-134 by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July 1,
1990. Amended by Laws 1993, c. 215, § 3, emerg. eff. May 24, 1993.
§70-6-101.44. Adoption of policy prerequisite to disciplinary
action.
Beginning January 1, 1982, no suspension, demotion or termination
of a support employee shall be effective or enforceable unless the
local school board has adopted a policy as provided in Section 2 of
this act.
Laws 1981, c. 122, § 3, eff. Jan. 1, 1982. Renumbered from § 24-135
by Laws 1989, 1st Ex.Sess, c. 2, § 119, operative July 1, 1990.
§70-6-101.45. Reasonable assurance of employment.
A. A school district, no later than ten (10) days after the
effective date of the education appropriation bill or June 1,
whichever is later, shall give reasonable assurance of employment in
writing to any support employee that the school intends to employ for
the subsequent school year.
B. This section shall not be construed to nullify the provisions
of Sections 24-133 through 24-137 of this title or be construed to
deprive any employee that the district is considering not employing
for the subsequent year of any rights provided in such sections.
Added by Laws 1987, c. 101, § 1, emerg. eff. May 22, 1987. Amended by
Laws 1989, c. 111, § 1. Renumbered from § 24-135.1 by Laws 1989, 1st
Ex.Sess. c. 2, § 119, operative July 1, 1990.
§70-6-101.46. Procedure for disciplinary action.
A. After any suspension or prior to any demotion, termination or
nonreemployment, a support employee shall receive notice of the right
to a hearing. The hearing shall be conducted by the local board of
education. All notices shall be by certified mail, with the postmark
used to determine the timeliness of the notice. Failure of the
*+,-11'121#+,, .;((
employee to request a hearing within ten (10) working days of such
notice shall be considered a waiver of the employee's right to a
hearing.
B. Nonreemployment shall mean nonrenewal of a support employee's
contract upon expiration of the contract.
C. If an employee is to be suspended for a period to exceed ten
(10) days, the superintendent of the district shall initiate
proceedings for termination and shall follow the procedures set forth
in subsection A of this section. However, in a case involving a
criminal charge or indictment, the suspension may be delayed until
the employee's case is adjudicated at the trial. Nothing in this act
shall prevent the school board from proceeding against the employee
during or after the suspension for termination as provided in this
act.
Added by Laws 1981, c. 122, § 4, eff. Jan. 1, 1982. Renumbered from
§ 24-136 by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July 1,
1990. Amended by Laws 1993, c. 215, § 4, emerg. eff. May 24, 1993.
§70-6-101.47. Hearing.
If the employee selects a hearing before the local board of
education, the hearing shall be conducted at the next, or next
succeeding, regularly scheduled meeting if the request for the
hearing was received by the local board of education at least ten
(10) days prior to the next, or next succeeding, regularly scheduled
meeting. Provided, however, at the request of the employee or at the
discretion of the local board of education, the local board shall
call a special meeting to conduct the requested hearing, which shall
be held no sooner than ten (10) days nor later than thirty (30) days
after receipt of the employee's request. The decision of the local
board of education at the hearing shall be final.
Laws 1981, c. 122, § 5, eff. Jan. 1, 1982. Renumbered from § 24-137
by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990.
§70-6-101.48. Employees of business having contract with school -
Conviction of sex offense or felony.
A. No person or business having a contract with a school or
school district to perform work on a full-time or part-time basis
that would otherwise be performed by school district employees shall
allow any employee to work on school premises if the employee is
convicted in this state, the United States or another state of any
felony offense unless ten (10) years has elapsed since the date of
the criminal conviction or the employee has received a presidential
or gubernatorial pardon for the criminal offense.
B. Every person or business performing services not subject to
subsection A of this section on the property of a school or school
district shall at the time of contracting be required to sign a
statement declaring that no employee working on school premises under
*+,-11'121#+,, .;((
the authority of the business is currently registered or required to
register under the provisions of the Oklahoma Sex Offenders
Registration Act or the Mary Rippy Violent Crime Offenders
Registration Act. Compliance with this statute shall be required of
the person or private business, and there shall be no obligation
placed upon a school district to ascertain the truthfulness of the
affidavit.
C. A person or business having a written contract with a school
or school district to perform work on a full-time or part-time basis
that would otherwise be performed by school district employees may
conduct a felony search of the employees of the person or entity who
would be assigned that work through a request to the State Board of
Education in the same manner as a felony search is afforded school
districts by Section 5-142 of this title.
Added by Laws 1998, c. 411, § 4, eff. July 1, 1998. Amended by Laws
1999, c. 200, § 2, emerg. eff. May 24, 1999; Laws 2005, c. 205, § 2,
eff. July 1, 2005; Laws 2008, c. 347, § 3, eff. Nov. 1, 2008; Laws
2009, c. 2, § 30, emerg. eff. March 12, 2009.
NOTE: Laws 2008, c. 162, § 4 repealed by Laws 2009, c. 2, § 31,
emerg. eff. March 12, 2009.
§70-6-102. Renumbered as § 6-101.1 of this title by Laws 1989, 1st
Ex.Sess., c. 2, § 116, operative July 1, 1990.
§70-6-102.1. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-102.2. Renumbered as § 6-101.10 of this title by Laws 1989,
1st Ex.Sess., c. 2, § 117, operative July 1, 1990.
§70-6-102.3. Renumbered as § 6-101.11 of this title by Laws 1989,
1st Ex.Sess., c. 2, § 117, operative July 1, 1990.
§70-6-102.4. Renumbered as § 6-101.13 of this title by Laws 1989,
1st Ex.Sess., c. 2, § 118, operative July 1, 1990.
§70-6-102.6. Renumbered as § 6-101.14 of this title by Laws 1989,
1st Ex.Sess., c. 2, § 118, operative July 1, 1990.
§70-6-102.7. Renumbered as § 6-101.2 of this title by Laws 1989, 1st
Ex.Sess., c. 2, § 116, operative July 1, 1990.
§70-6-103. Repealed by Laws 1989, 1st Ex. Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.1. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
*+,-11'121#+,, .;(($
§70-6-103.2. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.3. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.4. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.5. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.6. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.7. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.8. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.9. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.10. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.11. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.12. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.13. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.14. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-103.15. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-6-104. Sick leave - Emergency leave - Personal business leave -
Medical benefits - Service as juror or witness.
A. 1. The board of education of each school district in the
state shall provide for sick leave for all teachers employed in the
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district and shall pay such teachers the full amount of their
contract salaries during any absence from their regular school duties
for a period of time and under such conditions as the board may
determine, but not less than the minimum benefits hereafter
specified. Payment for sick leave shall be made on the basis of the
current salary rate then in effect for the teacher receiving the
payment. The plan shall provide that a teacher may be absent from
his or her duties due to personal accidental injury, illness or
pregnancy, or accidental injury or illness in the immediate family
without the loss of salary for not to exceed ten (10) days during
each school year, except that said absence without loss of salary for
teachers employed on an eleven-month contract shall not exceed eleven
(11) days during each school year and for those teachers employed on
a twelve-month contract shall not exceed twelve (12) days during each
school year, if said contract is for the work period, and not merely
for pay purposes. The right to such leave shall vest at the
beginning of the school year. Each school district shall provide for
all teachers a minimum of three (3) days for personal business leave,
upon the request of the teacher. Salary deductions for such leave
shall not exceed the salary level for substitute teachers. Provided
further, that these terms for personal business leave shall not
negate any locally negotiated leave policies which exceed the minimum
benefits stated above. Each school district may provide not more
than five (5) days each year for emergency leave. Each school
district will determine the purposes for which emergency leave can be
used. Those days shall not be chargeable to sick leave and will be
noncumulative. Unused sick leave shall be cumulative up to a total
of sixty (60) days, and cumulative sick leave shall be transferable
to another school district or to the Oklahoma School for the Blind or
the Oklahoma School for the Deaf where the teacher is employed the
next succeeding school year, provided that the number of days
transferred shall not exceed the maximum days permitted by the
receiving school and that such transferred days shall be used first
in case of illness and, provided further, that if the receiving
school pays teachers for unused sick leave upon retirement or
termination of contract, then said payments shall be for only those
days accumulated in the receiving school. The school board of the
sending district shall certify the exact number of days eligible for
transfer.
2. If a teacher is employed at the Oklahoma School for the Blind
or the Oklahoma School for the Deaf after July 1, 2017, any unused
sick leave up to a total of sixty (60) days that is accumulated at a
school district prior to such date shall be transferable.
B. The plan of each school district for sick leave benefits may
include other terms and conditions, but shall not provide less sick
leave benefits than those prescribed herein. Hospital and medical
proceeds may not be charged against sick leave benefits, but the
*+,-11'121#+,, .;((
proceeds received by the teacher from any insurance provided by the
district for loss of compensable time may be charged against sick
leave benefits. Provided the board of education may provide all or
part of hospital and medical benefits, and sickness, accident, health
and life insurance or any of the aforesaid for any or all of its
employees. On authorization of the teacher, the district may approve
payroll deductions for such teacher's portion of the aforesaid.
C. Each school district shall grant a teacher leave for jury
service or as a witness subpoenaed in a criminal, civil or juvenile
proceeding and shall pay the teacher during such service the full,
current contract salary. Provided that the district may deduct any
compensation received for serving as a juror or witness from the
teacher's salary during such service.
D. A school district shall also provide for benefits for
personnel other than teachers. Benefits for support personnel
employees shall include provisions for paid sick leave of at least
one (1) day per month of employment not to exceed the number of hours
per day for which they are regularly employed cumulative to a total
of sixty (60) days and cumulative sick leave shall be transferable to
another school district where the person is employed the next
succeeding school year; provided, that the number of days transferred
shall not exceed the maximum days permitted by the receiving district
and that such transferred days shall be used first in case of illness
up to a maximum of ten (10) transferred days per school year unless
the local board of education authorizes the use of additional
transferred days during the school year in an amount set by the board
and, provided further, that if the receiving district pays such
person for unused sick leave upon retirement or termination of
employment, then said payments shall be for only those days
accumulated in the receiving district. The school board of the
sending district shall certify the exact number of days eligible for
transfer. Each school district shall provide for all support
employees, a minimum of three (3) days for personal business leave,
upon the request of the support employee. Salary deductions for
personal business leave shall not exceed an amount necessary to cover
the costs of services provided to the district by the support
employee and shall not exceed the salary of the support employee.
The terms for personal business leave provided by this subsection
shall not negate any locally negotiated leave policies which exceed
the minimum benefits stated above. Payment for such leave shall be
calculated with regard to the definition of "support employee"
provided by Section 6-101.40 of this title. Provided that such
benefits shall not exceed those authorized for teachers hereunder.
Added by Laws 1971, c. 281, § 6-104, eff. July 2, 1971. Amended by
Laws 1972, c. 90, § 1; Laws 1975, c. 244, § 1, emerg. eff. June 2,
1975; Laws 1976, c. 286, § 1, operative July 1, 1976; Laws 1977, c.
240, § 1, emerg. eff. June 15, 1977; Laws 1980, c. 263, § 1; Laws
*+,-11'121#+,, .;(()
1982, c. 52, § 1; Laws 1985, c. 143, § 2, eff. July 1, 1985; Laws
1988, c. 104, § 1, eff. July 1, 1988; Laws 1991, c. 190, § 1, eff.
July 1, 1991; Laws 2017, c. 21, § 1, eff. July 1, 2017.
§70-6-104.1. Exhaustion of sick and extended leave - Credit for
leave without pay.
After exhausting sick leave and extended leave pursuant to
Sections 6-104 and 6-104.5 of Title 70 of the Oklahoma Statutes, a
full-time teacher who, with the proper approval of the district board
of education, takes not more than ninety (90) school days of leave
without pay to care for the teacher's child during the first year of
the child's life, shall receive full credit for the days on leave
without pay as though the teacher had been on leave with pay for
purposes of computing experience for the minimum teacher salary
schedule. A teacher on leave without pay pursuant to this section
who pays the actuarial cost, as determined by the Board of Trustees
of the Teachers' Retirement System, shall have the period during
which such leave without pay is taken, counted toward retirement
service credit as though the teacher had been on leave with pay. The
teacher shall notify their employer and the System in writing within
thirty (30) days from the date he or she returns to service that they
will pay such actuarial cost. The teacher shall have up to twelve
(12) months from the date he or she returns to service to pay such
actuarial cost.
Added by Laws 1998, c. 402, § 1, eff. July 1, 1998.
§70-6-104.5. Exhausted sick leave - Unused sick leave upon
termination.
A. If, after exhausting all sick leave, a teacher is absent from
his or her duties due to personal accidental injury, illness or
pregnancy, the teacher shall receive for a period of not to exceed
twenty (20) days his or her full contract salary less the amount:
1. actually paid a certified substitute teacher for his or her
position if a certified substitute teacher is hired; or
2. normally paid a certified substitute teacher for his or her
position if a certified substitute teacher is not hired.
B. The district's plan may provide that the teacher is entitled
to payment for accrued but unused sick leave upon termination of
employment.
Amended by Laws 1985, c. 14, § 1, operative July 1, 1985.
§70-6-104.6. Leave sharing programs and banks.
A. The board of education of each school district may establish
a leave sharing program for all district employees. The program
shall permit district employees to donate sick leave to a fellow
district employee who is pregnant or recovering from childbirth or
who is suffering from or has a relative or household member suffering
*+,-11'121#+,, .;((!
from an extraordinary or severe illness, injury, impairment, or
physical or mental condition which has caused or is likely to cause
the employee to take leave without pay or to terminate employment.
B. As used in this section:
1. "Relative of the employee" means a spouse, child, stepchild,
grandchild, grandparent, stepparent, or parent of the employee;
2. "Household members" means those persons who reside in the
same home, who have reciprocal duties to and do provide financial
support for one another. This term shall include foster children and
legal wards even if they do not live in the household. The term does
not include persons sharing the same general house, when the living
style is primarily that of a dormitory or commune;
3. "Severe" or "extraordinary" means serious, extreme or life-
threatening including temporary disability resulting from pregnancy,
miscarriage, childbirth and recovery therefrom; and
4. "District employee" means a teacher or any full-time employee
of the school district.
C. A district employee may be eligible to receive shared leave
pursuant to the following conditions:
1. The board of education determines that the employee meets the
criteria described in this section; and
2. The employee has abided by district policies regarding the
use of sick leave.
D. A district employee may donate annual leave to another
district employee only pursuant to the following conditions:
1. The receiving employee has exhausted, or will exhaust, only
sick leave earned pursuant to Section 6-104 of this title due to
pregnancy, miscarriage, childbirth and recovery therefrom, an
illness, injury, impairment, or physical or mental condition, which
is of an extraordinary or severe nature, and involves the employee, a
relative of the employee or household member;
2. The condition has caused, or is likely to cause, the employee
to go on leave without pay or to terminate employment;
3. The board of education of the district permits the leave to
be shared with an eligible employee;
4. The amount of leave to be donated is within the limits set by
the board of education of the district; and
5. District employees may not donate excess sick leave that the
donor would not be able to otherwise take.
E. The board of education of each school district shall
determine the amount of donated leave an employee may receive.
F. The board of education shall require the employee to submit,
prior to approval or disapproval, a medical certificate from a
licensed physician or health care practitioner verifying the severe
or extraordinary nature and expected duration of the condition.
*+,-11'121#+,, .;((
G. Donated sick leave is transferable between employees of
different school districts in the state with the agreement of both
boards of education of each school district.
H. The receiving employee shall be paid the regular rate of pay
of the employee. The sick leave received will be designated as
shared sick leave and be maintained separately from all other sick
leave balances.
I. Any donated sick leave may only be used by the recipient for
the purposes specified in this section.
J. Only sick leave earned pursuant to Section 6-104 of this
title available for use by the recipient must be used prior to using
shared sick leave.
K. Any shared sick leave not used by the recipient during each
occurrence as determined by the board of education shall be returned
to the donor. The shared sick leave remaining will be divided among
the donors on a prorated basis based on the original donated value
and returned at its original donor value and reinstated to the annual
leave balance of each donor.
L. All donated sick leave must be given voluntarily. No
employee shall be coerced, threatened, intimidated, or financially
induced into donating sick leave for purposes of the leave sharing
program.
M. In addition to the sick leave sharing program provided for in
this section, the board of education of each school district may
establish a sick leave sharing bank for all district employees. A
district employee may donate sick leave to a common fund which may be
used by any district employee who is eligible to receive shared leave
as set forth in subsection A of this section. The terms and
conditions for donation and use of sick leave to a leave sharing bank
shall be subject to the provisions of this section, unless
negotiations, entered into pursuant to Section 509.1 et seq. of this
title, between district employees and the school district establish
terms and conditions for a sick leave sharing bank in excess of those
provided for in this section.
Added by Laws 1993, c. 30, § 1, eff. July 1, 1993. Amended by Laws
1994, c. 3, § 1, emerg. eff. March 3, 1994; Laws 1995, c. 83, § 1,
emerg. eff. April 12, 1995; Laws 1997, c. 160, § 1, eff. July 1.
1997.
§70-6-104.7. National disaster leave.
A. The board of education of each school district may grant
leave with pay not to exceed fifteen (15) working days to a district
employee who is affected by a presidentially declared national
disaster in Oklahoma after May 1, 1999, if:
1. The employee suffered a physical injury as a result of the
disaster;
*+,-11'121#+,, .;(("
2. A relative or household member of the employee suffered a
physical injury or died as a result of the disaster; or
3. The domicile of the employee or the domicile of a relative of
the employee was damaged or destroyed as a result of the disaster.
B. As used in this section:
1. “Relative of the employee” shall be limited to the spouse,
child, stepchild, grandchild, grandparent, stepparent, or parent of
the employee; and
2. “Household members” means those persons who reside in the
same home, who have reciprocal duties to and do provide financial
support for one another. This term shall include foster children and
legal wards even if they do not live in the household. The term does
not include persons sharing the same general house, when the living
style is primarily that of a dormitory or commune.
C. The authority to grant leave with pay pursuant to subsection
A of this section shall extend for a period of not more than six (6)
months after the date of a presidentially declared national disaster.
D. Annual leave, sick leave, or compensatory time which was
charged to a school district employee as a result of the
presidentially declared national disaster resulting from the May 3,
1999, tornadoes that would have otherwise been eligible for the leave
provision in subsection A of this section, may be reinstated by the
governing body. A school district employee entitled to leave with
pay pursuant to this section who was charged leave without pay shall
be compensated at the base rate of pay of the employee.
E. A district board of education may amend an existing leave
sharing program or establish a leave sharing program to allow
district employees to share sick or annual leave with district
employees who are eligible for leave pursuant to subsection A of this
section. The disaster-related leave sharing plan shall be subject to
the following conditions:
1. An employee eligible for disaster-related leave may receive
up to fifteen (15) days donated leave;
2. The donated leave must be used for disaster-related injuries
or matters;
3. The eligible employee shall not be required to take or
exhaust any of the employee’s regular sick, personal, or emergency
leave in order to receive donated leave;
4. Donated leave may be used to reinstate regular emergency,
sick, or personal leave an employee used after May 1, 1999, for
disaster-related injuries or matters;
5. An eligible employee who was required to take leave without
pay for disaster-related injuries or matters may be compensated for
up to fifteen (15) days if leave is donated to cover the leave
without pay; and
6. The district may require documentation to support a request
to use donated leave pursuant to this section.
*+,-11'121#+,, .;((
Added by Laws 1999, c. 306, § 6, eff. July 1, 1999.
§70-6-105. Payment - Duration of employment - Leave of absence for
military service - Contracts for training and employment of
substitutes.
A. If, because of sickness or other reason, a teacher is
temporarily unable to perform regular duties, a substitute teacher
may be employed for the position for the time of the absence. A
substitute teacher shall be paid in an amount and under such terms as
may be agreed upon in advance by the substitute teacher and the board
of education or according to regulations of the board. If a teacher
is absent for reason of personal business the school district shall
deduct from the salary of the teacher only the amount necessary to
pay the substitute.
B. No substitute teacher shall be employed for a total period of
time in excess of one hundred thirty-five (135) school days during a
school year; or one hundred forty-five (145) school days during the
school year if the substitute teacher holds a lapsed or expired
certificate or has a bachelors level college degree; or no limit of
school days during the school year if the substitute teacher holds a
valid certificate. Each school district shall adopt a policy which
sets forth the maximum number of days a substitute teacher may be
employed for the same assignment if the substitute teacher does not
hold a valid certificate.
C. Substitute teachers who do not hold a valid certificate and
who are employed to teach special education for students with
physical disabilities or students with intellectual disabilities
shall not be subject to the restrictions on total time a substitute
teacher may be employed if no certified teachers are available to
teach such students and the students would be denied instruction in
special education if the substitute teacher were not employed.
Beginning with the 2007-08 school year, any substitute teacher
employed to teach special education for the same assignment for more
than fifteen (15) consecutive or thirty (30) total school days during
a school year who does not hold a valid certificate to teach special
education shall be required to complete in-service training as
prescribed by the State Board of Education. The training shall be
provided at no cost to the substitute teacher. Availability of
certified teachers shall be determined after the school has consulted
the State Board of Education and any other resources for filling the
vacant position with a certified teacher.
D. A school district may request a waiver of the restrictions on
total time a substitute teacher may be employed from the State Board
of Education for a substitute teacher who does not hold a valid
certificate. The school district shall submit evidence on the
availability of certified substitute teachers and the qualifications
of the substitute teacher. The Board shall develop procedures for
*+,-11'121#+,, .;(
the filing and processing of substitute teacher waivers pursuant to
this subsection.
E. Payment of salary to a substitute shall have no effect on the
amount of salary to which the absent regular teacher is entitled
under the applicable leave plan.
F. Any substitute or cadet teacher employed in any school system
on a monthly or annual basis shall hold a certificate and have a
written contract in the manner and under the same conditions as for
regular teachers.
G. Teachers who are members of the Reserve Forces of the Army,
the Navy, the Marine Corps, the Coast Guard, the Air Force, or any
other component of the Armed Forces of the United States, including
members of the Air or Army National Guard, shall, when ordered by the
proper authority to active duty or service, be entitled to a leave of
absence from such civil employment for the period of such active
service without loss of status or efficiency rating and without loss
of pay during the first thirty (30) days of such leave of absence.
H. School districts in this state may contract with outside
providers for the training and employment of substitute teachers.
The State Board of Education shall promulgate guidelines to assist
school districts in the sanctioning and approval of an outside
provider in accordance with this section.
Added by Laws 1971, c. 281, § 6-105, eff. July 2, 1971. Amended by
Laws 1976, c. 286, § 3, operative July 1, 1976; Laws 1979, c. 154, §
1, emerg. eff. May 9, 1979; Laws 1987, c. 71, § 1, eff. Nov. 1, 1987;
Laws 1991, c. 34, § 1, eff. July 1, 1991; Laws 1994, c. 205, § 1,
eff. Sept. 1, 1994; Laws 1997, c. 45, § 1, eff. July 1, 1997; Laws
2000, c. 289, § 1, eff. July 1, 2000; Laws 2006, c. 278, § 2, eff.
July 1, 2006; Laws 2010, c. 79, § 1, eff. Nov. 1, 2010; Laws 2012, c.
78, § 1, eff. Nov. 1, 2012; Laws 2019, c. 12, § 1, eff. Nov. 1, 2019;
Laws 2019, c. 475, § 60, eff. Nov. 1, 2019.
§70-6-105A. Construction of agreements
Nothing in this act shall be construed to annul, modify or to
preclude the renewal or continuation of any existing agreement
heretofore entered into between any school district and any
organizational representative of its employees.
Added by Laws 1976, c. 286, § 4, operative July 1, 1976.
§70-6-106. Salary - Twelve monthly payments.
Boards of education are hereby authorized to contract with and
pay all teachers in their respective districts in twelve (12) monthly
payments or fractional parts of the fiscal year, to be made on the
basis of legal contracts between said board and teachers. Procedures
for paying teachers shall be in accordance with any plan approved by
the State Department of Education.
*+,-11'121#+,, .;(
The aggregate amount of such salary payments in any fiscal year
shall be as agreed upon by the board and the teacher. Under the
terms of a contract for a ten-month school year as defined in Section
1-109 of this title and made in keeping with the provisions of this
section, no duties shall be expected or required of the teacher in
excess of one hundred ninety (190) days; provided, nothing herein
shall be construed as prohibiting the making of contracts for school
years of more than ten (10) months. Any district adopting this plan
of payment may make it applicable to any or all teachers employed
therein. Such plan shall be permissive rather than mandatory and may
be discontinued at the close of any fiscal year.
All salaries paid in twelve (12) installments pursuant to the
provisions of this section shall be for calendar months or fractional
parts thereof.
Amended by Laws 1982, c. 287, § 44, operative July 1, 1982; Laws
1989, c. 335, § 18, eff. July 1, 1989.
§70-6-106.1. Distribution of Mentor Teacher Stipend funds.
If funds are appropriated to the State Board of Education for
Mentor Teacher Stipends, the funds shall be distributed by the Board
to the school districts to provide a stipend of not more than Five
Hundred Dollars ($500.00) for each mentor teacher as defined in
Section 6-182 of this title. In addition to the distribution of the
five-hundred-dollar stipend, each district shall also receive the
district's contribution amount necessary to meet the Federal
Insurance Contributions Act (F.I.C.A.) requirements.
Added by Laws 1995, c. 305, § 10, eff. July 1, 1995. Amended by Laws
2003, c. 415, § 29, eff. July 1, 2003.
§70-6-106.2. “Direct deposit system” and “employee” defined –
Implementation and administration of direct deposit system.
A. As used in this section:
1. “Direct deposit system” means a method of electronically
transferring a payroll claim for an employee to a financial
institution; and
2. “Employee” means any certified or support employee as defined
in Section 26-103 of Title 70 of the Oklahoma Statutes employed by
any school district in this state.
B. A school district board of education may adopt a policy
implementing a direct deposit system for employees of the school
district.
C. No school district which chooses to implement a direct
deposit system may charge any employee of that school district any
fee or assessment as a result of the implementation and
administration of a direct deposit system.
Added by Laws 2008, c. 186, § 2, eff. July 1, 2008.
*+,-11'121#+,, .;($
§70-6-106.3. Support employee schedule of payments.
A school district board of education, including a technology
center school district board of education, may contract with and pay
all support employees, as defined in Section 6-101.40 of Title 70 of
the Oklahoma Statutes, monthly, semimonthly or biweekly over ten
(10), eleven (11) or twelve (12) calendar months or in twelve monthly
payments which may be for calendar months or fractional parts thereof
in the same manner as provided for the payment of teachers in Section
6-106 of Title 70 of the Oklahoma Statutes.
Added by Laws 2013, c. 45, § 2, eff. July 1, 2013.
§70-6-107. Employment of person not holding valid certificate of
qualification – Violation – Criminal history record check.
A. Except for employment of a director of a public developmental
research school as authorized in Section 1210.577 of this title and
except as provided for in Section 6-101 of this title, it shall be
unlawful for a member of the board of education of a school district
to employ, approve or vote for the employment of any person to
perform services for the district unless the person employed holds a
valid certificate of qualification issued in accordance with the
rules of the State Board of Education to perform the services the
person is employed to perform.
B. The State Department of Education shall require each person
offered a position within the agency that requires working directly
with children to furnish fingerprints to be used for a state and
national criminal history record check as defined by Section 150.9 of
Title 74 of the Oklahoma Statutes.
Added by Laws 1971, c. 281, § 6-107, eff. July 2, 1971. Amended by
Laws 1993, c. 257, § 11, emerg. eff. May 26, 1993; Laws 2003, c. 204,
§ 9, eff. Nov. 1, 2003; Laws 2005, c. 185, § 2, emerg. eff. May 17,
2005.
§70-6-108. Certificate of qualifications - Unlawful to teach
without.
Except for service as a director of a public developmental
research school and service by a faculty member of a higher education
institution affiliated with a public developmental research school as
specifically authorized in this act and except as provided for in
Section 6-101 of this title, it shall be unlawful for any person to
serve, or to contract or agree to serve, as superintendent,
elementary superintendent, principal, supervisor, librarian, school
nurse, classroom teacher or other instructional, supervisory or
administrative employee of a school district unless the person holds
a valid certificate of qualification issued in accordance with the
rules of the State Board of Education to perform the services the
person performs or contracts or agrees to perform. The State Board
*+,-11'121#+,, .;((
of Education shall provide for the certification of elementary
superintendents.
Added by Laws 1971, c. 281, § 6-108, eff. July 2, 1971. Amended by
Laws 1991, c. 16, § 5, eff. July 1, 1991; Laws 1993, c. 257, § 12,
emerg. eff. May 26, 1993; Laws 2005, c. 185, § 3, emerg. eff. May 17,
2005.
§70-6-108.1. Expired license or certificate notice - Renewal
applications.
A. No later than October 1 of each year, the State Department of
Education shall provide written notice to the last-known address of
any individual who held any license or certificate issued by the
State Board of Education which expired on June 30 of the same year.
Notice shall also be provided to the last-known district which
employed any such individual.
B. If any individual whose license or certificate issued by the
State Board of Education has expired submits a renewal application
and processing fee by December 31 of the year in which the license or
certificate has expired, such license or certificate shall be renewed
with an effective date of July 1 of the year in which the license or
certificate has expired, unless other statutory basis exists for
denying such renewal.
C. If any individual whose license or certificate issued by the
State Board of Education has expired submits a renewal application
and processing fee after December 31 of the year in which the license
or certificate has expired, such license or certificate shall be
renewed with an effective date in accordance with State Department of
Education rules, unless another statutory basis exists for denying
such renewal.
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Added by Laws 2015, c. 315, § 1, eff. July 1, 2015.
§70-6-109. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-6-110. Agents of school authorities - Payment or acceptance of
bribes.
*+,-11'121#+,, .;(
It shall be unlawful and a misdemeanor for any officer or
employee of the State Board of Education, a member of a board of
education, or other person acting as an agent of the State Board of
Education or any board of education, or of any school teacher, or of
any person or organization, to pay or accept any fee, commission or
remuneration of any kind or character in payment for services
rendered in securing positions for teachers in any of the public
schools of this state.
Laws 1971, c. 281, § 6-110, eff. July 2, 1971; Laws 1993, c. 239, §
30, eff. July 1, 1993.
§70-6-111. Gratuities or rewards - Unlawful to give.
It shall be unlawful and a misdemeanor for any person to give, or
agree or offer to give, any gratuity or reward in consideration that
he or any other person shall be employed as a teacher in any public
school of this state.
Added by Laws 1971, c. 281, § 6-111, eff. July 2, 1971.
§70-6-112. Teachers - Gratuities or rewards in connection with
employment.
It shall be unlawful and a misdemeanor for any person, directly
or indirectly, to ask or receive, or promise to receive any gratuity
or reward or promise of a gratuity or reward for employing another
person as a teacher in any public school of this state or for
procuring for another person employment as a teacher in any public
school of this state.
Added by Laws 1971, c. 281, § 6-112, eff. July 2, 1971.
§70-6-113. Renumbered as § 650.7 of Title 21 by Laws 1995, c. 241, §
3, eff. July 1, 1995.
§70-6-113.1. Materials on effective classroom discipline techniques
to be furnished.
The State Department of Education shall provide each local board
of education materials dealing with effective classroom discipline
techniques as an alternative to the use of corporal punishment.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 38, emerg. eff. April 25,
1990.
§70-6-114. Renumbered as § 24-100.4 of this title by Laws 2002, c.
149, § 5, eff. Nov. 1, 2002.
§70-6-115. Information concerning student - Violation.
It shall be unlawful for any teacher to reveal any information
concerning a student obtained by the teacher in their capacity as a
teacher except as may be required in the performance of the
contractual duties of the teacher or as otherwise required by law.
*+,-11'121#+,, .;()
The information may be provided to the parent or guardian of the
student upon request or as otherwise required by law. Any violation
of this section shall upon conviction be considered a misdemeanor.
Added by Laws 1971, c. 281, § 6-115, eff. July 2, 1971. Amended by
Laws 2003, c. 430, § 3, eff. July 1, 2003.
§70-6-116. Repealed by Laws 1983, c. 147, § 1.
§70-6-117. Repealed by Laws 1983, c. 147, § 1.
§70-6-118. Repealed by Laws 1983, c. 147, § 1.
§70-6-119. Repealed by Laws 1983, c. 147, § 1.
§70-6-120. Repealed by Laws 1977, c. 262, § 20, emerg. eff. June 17,
1977.
§70-6-120.1. Repealed by Laws 1983, c. 147, § 1.
§70-6-121. Repealed by Laws 1983, c. 147, § 1.
§70-6-122. Repealed by Laws 1977, c. 262, § 20, emerg. eff. June 17,
1977.
§70-6-122.1. Repealed by Laws 1989, 1st Ex. Sess., c. 2, § 122,
operative July 1, 1990.
§70-6-122.2. Blank.
§70-6-122.3. Alternative placement teaching certificate -
Alternative placement programs - Adjunct teachers.
A. The State Board of Education shall grant an alternative
placement teaching certificate to a person who makes application to
the Board and meets the following criteria:
1. a. holds at least a baccalaureate degree from an
institution whose accreditation is recognized by the
Oklahoma State Regents for Higher Education and has
attained a retention grade point average of not less
than 2.50 on a 4.0 scale, or
b. has successfully completed a terminal degree, such as a
doctorate of philosophy, a doctorate in education,
professional doctorates, a master of fine arts degree
or a master of library science degree, from an
institution accredited by a national or regional
accrediting agency which is recognized by the Secretary
of the United States Department of Education. The
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Oklahoma State Regents for Higher Education shall be
consulted to verify other terminal degrees, or
c. holds at least a baccalaureate degree from an
institution whose accreditation is recognized by the
Oklahoma State Regents for Higher Education and has
qualified work experience in a field that corresponds
to an area of certification as determined by the State
Board of Education, and
d. in addition to the requirements of subparagraphs a, b
and c of this paragraph, has demonstrated competency or
completed a major in a field that corresponds to an
area of specialization for an Elementary-Secondary
Certificate or a Secondary Certificate as determined by
the State Board of Education or a vocational-technical
certificate as recommended by the Oklahoma Department
of Career and Technology Education;
2. Declares the intention to earn standard certification by
means of an alternative placement program in not more than three (3)
years. The State Board of Education shall determine the subject
matter and the number of clock or semester hours required for the
professional education component for each person making application
for an alternative placement teaching certificate based on the
criteria of paragraph 1 of this subsection.
The State Board of Education shall establish a core minimum of
six (6) semester hours or ninety (90) clock hours and a maximum of
eighteen (18) semester hours or two hundred seventy (270) clock hours
for the professional education component.
The requirements set forth in this subsection shall exclude all
student teaching requirements pursuant to the provisions of
subsection E of this section;
3. Has passed the general education and subject area portions of
the competency examination required in Section 6-187 of this title in
the area of specialization for which certification is sought; and
4. Either presents a document from an accredited public school
district in this state offering employment in the area of
specialization for which certification is sought on condition that
the person enroll in an alternative placement program approved by the
State Board of Education or declares the intention to seek employment
as a teacher at an accredited public school district in this state.
The certificate granted pursuant to this subsection shall be
considered a "valid certificate of qualification" for the purposes of
Sections 6-107 and 6-108 of this title, and the holder of the
certificate shall be considered an inductee for the purposes of
Section 6-195 of this title.
B. An alternative placement teaching certificate shall be
renewed for not more than a maximum of three (3) years upon
presentation of a document from an accredited public school district
*+,-11'121#+,, .;(
in this state offering renewed employment in the same area of
specialization and a document from a teacher education institution
verifying satisfactory progress in an appropriate alternative
placement program.
C. Persons enrolled in an alternative placement program shall:
1. Have never been denied admittance to a teacher education
program approved by the Oklahoma State Regents for Higher Education,
the North Central Association of Colleges and Schools and by the
Oklahoma Commission for Teacher Preparation to offer teacher
education programs, nor have enrolled in and subsequently failed
courses necessary to successfully meet the minimum requirements of
the program, except those persons who hold a certificate;
2. Have on file with the director of teacher education at an
Oklahoma institution of higher education a plan for meeting standard
certification requirements within three (3) years; and
3. Participate in an induction program as required in Section 6-
195 of this title and have the same duties and responsibilities as
other inductees.
D. The State Board of Education may grant an exception to the
requirements for certification and, upon demonstration by an
individual of specific competency in the subject area of
specialization, may grant a certificate to the individual. The State
Board may establish other requirements necessary to grant exceptions.
E. Student teaching and a prestudent teaching field experience
shall not be required of alternative placement program participants
for standard certification.
F. The State Board of Education shall promulgate rules
authorizing adjunct teachers who shall be persons with distinguished
qualifications in their field. Adjunct teachers shall not be
required to meet standard certification. Adjunct teachers shall be
limited to two hundred seventy (270) clock hours of classroom
teaching per semester.
G. Each teacher education institution shall provide the Oklahoma
Commission for Teacher Preparation an annual report of information as
specified by the Commission regarding participation in the
alternative placement programs offered by the institution.
H. The Oklahoma Commission for Teacher Preparation shall not
accredit, renew the accreditation of, or otherwise approve any
teacher education program of any institution of higher education in
this state that has not implemented alternative placement programs in
at least four areas of specialization, including mathematics, science
and a foreign language. Each institution shall allow individuals who
meet the criteria of subsections A and C of this section to be:
1. Admitted to an alternative placement program without further
qualification; and
2. Offered the opportunity to complete the requirements for
standard certification set forth in subsection A of this section
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during the summer preceding and the summer following the first year
of teaching with an alternative placement teaching certificate. Any
person seeking standard certification through an alternative
placement program shall be permitted to take necessary courses during
regular semesters if offered.
I. The criteria specified in subsection H of this section can be
met through a cooperative arrangement entered into by two or more
institutions of higher education.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 23, emerg. eff. April 25,
1990. Amended by Laws 1991, c. 67, § 1, emerg. eff. April 12, 1991;
Laws 1992, c. 308, § 9, eff. June 1, 1992; Laws 1995, c. 177, § 1,
eff. July 1, 1995; Laws 1999, c. 202, § 1, eff. July 1, 1999; Laws
2001, c. 425, § 1, emerg. eff. June 5, 2001; Laws 2009, c. 82, § 1,
eff. Nov. 1, 2009; Laws 2010, c. 61, § 1, eff. July 1, 2010; Laws
2010, c. 183, § 1, eff. July 1, 2010; Laws 2012, c. 76, § 1, eff.
Nov. 1, 2012; Laws 2014, c. 124, § 7, eff. July 1, 2014; Laws 2016,
c. 272, § 1, eff. Nov. 1, 2016; Laws 2017, c. 42, § 31; Laws 2017, c.
63, § 1, eff. July 1, 2017; Laws 2018, c. 165, § 2, eff. Nov. 1,
2018.
NOTE: Laws 2016, c. 30, § 1 repealed by Laws 2017, c. 42, § 32.
§70-6-122.4. License for Teach for America Program participant -
Exemption from residency program.
A. The State Board of Education shall issue a two-year,
nonrenewable license to teach to any person who has been accepted
into the Teach for America Program and has on file with the Board a
current Oklahoma criminal history record from the Oklahoma State
Bureau of Investigation as well as a national criminal history record
check as defined in Section 150.9 of Title 74 of the Oklahoma
Statutes. Upon receipt of the Oklahoma criminal history record, the
Board may issue a temporary license which shall be effective until
receipt of the national fingerprint-based criminal history record.
The person applying for a license shall be responsible for the cost
of the criminal history records.
B. Notwithstanding any other provision of law, the State Board
of Education shall issue a certificate to teach to any individual who
has:
1. Been issued a license pursuant to subsection A of this
section;
2. Completed the coursework requirements established for
participants of the Teach for America Program;
3. Successfully passed the assessment requirements established
by Teach for America for participants of the Teach for America
Program; and
4. Submitted an application and payment of the certification fee
as prescribed by the Board.
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Added by Laws 2008, c. 152, § 1, eff. Nov. 1, 2008. Amended by Laws
2009, c. 270, § 2, eff. Nov. 1, 2009.
§70-6-122.5. Alternative Placement teaching certificate - Troops to
Teachers.
A. The State Board of Education shall grant an Alternative
Placement teaching certificate to any person:
1. Who meets the eligibility requirements for the Troops to
Teachers program operated by the United States Department of Defense
and managed by the Defense Activity for Non-Traditional Education
Support (DANTES); and
2. Who meets the requirements set forth in Section 6-122.3 of
Title 70 of the Oklahoma Statutes.
B. The State Board of Education shall adopt rules to implement
the provisions of this section.
Added by Laws 2009, c. 89, § 1.
§70-6-122.6. Temporary teaching certificate.
A. The State Board of Education shall issue a one-year,
nonrenewable secondary or middle level certificate to teach to any
person who has attained certification by an alternative teacher
certification organization as set forth in subsection C of this
section and has on file with the Board a current Oklahoma criminal
history record from the Oklahoma State Bureau of Investigation as
well as a national criminal history record check as defined in
Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of
the Oklahoma criminal history record, the Board may issue a temporary
certificate which shall be effective until receipt of the national
fingerprint-based criminal history record. The person applying for a
certificate shall be responsible for the cost of the criminal history
records.
B. Notwithstanding the provisions of Section 6-195 of this
title, teachers issued a certificate pursuant to this section shall
not be subject to the requirements of the residency program, but
shall participate in the mentoring program provided by the
alternative teacher certification organization as set forth in
subsection C of this section. Upon successful completion of such
mentoring program, the teacher shall be issued a certificate to teach
by the State Board of Education after completion of the application
and payment of the certification fee as prescribed by the State Board
of Education.
C. For purposes of this section, the State Board of Education
shall identify an alternative teacher certification organization that
was founded with grant funding from the United States Department of
Education and that developed the Passport to Teaching program, which
is a certification program designed for professionals who want to
change careers and become teachers. The program shall require
*+,-11'121#+,, .;()
candidates to hold a bachelor's degree, pass a professional teaching
knowledge exam, pass a subject area exam, and pass a background
check. The organization shall provide candidates with access to
workshops, an experienced teacher-advisor, and optional access to
comprehensive subject matter refresher courses. The organization
shall also provide an intensive mentoring and induction program.
D. The State Board of Education shall adopt rules to implement
the provisions of this section.
Added by Laws 2009, c. 89, § 2. Amended by Laws 2014, c. 124, § 8,
eff. July 1, 2014.
§70-6-122.7. Issuance of certificates to teach in the area of mild-
moderate or severe-profound disabilities.
A. Notwithstanding any other provision of the law, the State
Board of Education shall issue a one-year provisional certificate to
teach in the area of mild-moderate or severe-profound disabilities to
any qualified candidate who has:
1. Earned a bachelor's level college degree from an accredited
institution of higher education;
2. Been recommended for a certificate by a school district board
of education or an accredited institution of higher education;
3. Satisfactorily completed a one-hundred-fifty-clock-hour
special education program prescribed by the Board; and
4. On file with the Board a national criminal history record
check as required pursuant to Section 5-142 of this title. The
individual applying for a provisional certificate shall be
responsible for the cost of the national criminal history record
check.
B. The one-year provisional certificate issued pursuant to this
section may be renewed for two (2) additional periods of one-year
each upon proof from an accredited institution of higher education
that the individual has successfully completed at least six (6)
credit hours of prescribed coursework during the previous year in a
nontraditional route to certification program in either mild-moderate
or severe-profound disabilities or toward a master's degree in
special education.
C. Notwithstanding any other provision of law, the State Board
of Education shall issue a standard certificate in the area of mild-
moderate or severe-profound disabilities to any individual who has:
1. Been issued one or more provisional certificates pursuant to
this section;
2. Successfully completed the prescribed coursework of a
nontraditional route to certification program in either mild-moderate
or severe-profound disabilities or a master's degree in special
education from an accredited institution of higher education within
three (3) years of issuance of the original provisional certificate
*+,-11'121#+,, .;()
and any examinations required to obtain a standard certificate in
mild-moderate or severe-profound disabilities;
3. Successfully completed the appropriate subject area
competency examination as required pursuant to Section 6-187 of this
title; and
4. Submitted an application and payment of the required
certification fee.
D. Notwithstanding any other provision of law, an individual who
holds a current provisional certificate pursuant to subsection A or B
of this section or a current standard certificate pursuant to
subsection C of this section may satisfy the highly qualified teacher
requirement for early childhood education or elementary education by
successful completion of the early childhood education or elementary
education examinations.
E. To obtain standard certification in early childhood education
or elementary education, an individual shall complete an appropriate
teacher education program approved by the Oklahoma Commission for
Teacher Preparation.
F. Nothing in this section shall change the requirements an
individual is required to satisfy to be considered highly qualified
in a secondary core academic area.
G. The State Board of Education shall adopt rules to implement
the provisions of this section.
Added by Laws 2013, c. 336, § 1, eff. July 1, 2013. Amended by Laws
2014, c. 120, § 1, eff. July 1, 2014.
§70-6-122.8. Issuance of standard certificate to teach in the area
of mild-moderate or severe-profound disabilities.
A. Notwithstanding any other provision of law, the State Board
of Education shall issue a standard certificate in the area of mild-
moderate or severe-profound disabilities to any individual who has:
1. Earned a bachelor's level college degree from an accredited
institution of higher education;
2. Successfully completed the prescribed coursework that may be
required for a master's degree in special education from an
accredited institution of higher education and any examinations
required to obtain a standard certificate in mild-moderate or severe-
profound disabilities;
3. Successfully completed the appropriate subject area
competency examination as required pursuant to Section 6-187 of this
title;
4. On file with the State Board of Education a national criminal
history record check as required pursuant to Section 5-142 of this
title; and
5. Submitted an application and payment of the required
certification fee.
*+,-11'121#+,, .;()$
B. Notwithstanding any other provision of law, an individual who
holds a current standard certificate pursuant to subsection A of this
section can satisfy the highly qualified teacher requirement for
early childhood education or elementary education by successful
completion of the early childhood education or elementary education
examinations.
C. To obtain standard certification in early childhood education
or elementary education, the individual shall complete an appropriate
teacher education program approved by the Oklahoma Commission for
Teacher Preparation.
Added by Laws 2013, c. 336, § 2, eff. July 1, 2013. Amended by Laws
2014, c. 120, § 2, eff. July 1, 2014.
§70-6-122.9. Issuance of standard certificate for individuals with
alternative certification to teach in the area of mild-moderate or
severe-profound disabilities.
A. Notwithstanding any other provision of law, the State Board
of Education shall issue a standard certificate in the area of mild-
moderate or severe-profound disabilities to any individual certified
via an alternative certification route in early childhood education
or elementary education who has:
1. Earned a bachelor's level college degree from an accredited
institution of higher education;
2. Successfully completed the mild-moderate or severe-profound
disabilities competency examinations; and
3. Submitted an application and payment of the required
certification fee.
B. Notwithstanding any other provision of law and with the
exception of paraprofessionals under the Career Development areas,
the State Board of Education shall issue a standard certificate in
the area of mild-moderate or severe-profound disabilities to any
individual certified via an alternative certification route in a core
academic area, which includes Mathematics, Science, English, Language
Arts, History, Foreign Language, Music, Art, Elementary Education and
Early Childhood Education, who has:
1. Earned a bachelor's level college degree from an accredited
institution of higher education;
2. Successfully completed the mild-moderate or severe-profound
disabilities competency examinations; and
3. Submitted an application and payment of the required
certification fee.
Added by Laws 2014, c. 120, § 3, eff. July 1, 2014.
§70-6-123. Repealed by Laws 1991, c. 67, § 7, eff. July 1, 1991.
§70-6-123.1. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1,
1995.
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§70-6-124. Repealed by Laws 1991, c. 67, § 7, eff. July 1, 1991.
§70-6-124.1. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1,
1995.
§70-6-125. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-126. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-127. Teacher's assistants - Employment - Criteria -
Qualifications - Duties - Students to be included in meeting
percentage requirement - Bilingual assistants not to qualify as.
A. Beginning with the 1990-91 school year, every school site
shall employ a teacher's assistant or use a volunteer for each class
in grades kindergarten through two which has a class size of more
than twenty (20) students in average daily membership as of September
15 of each year and which is composed of students, at least twenty
percent (20%) of whom meet the criteria specified in subsection B of
this section; provided, this requirement shall not apply to classes
that are not subject to class size limitations pursuant to subsection
D of Section 18-113.1 of this title or to pull-out sections for
Chapter 1 or to Special Education students. Assistants shall be
required as of September 15 of each year. The State Board of
Education shall establish regulations that prescribe the
qualifications for and duties of teacher assistants in public
schools. The State Board of Education shall also establish standards
and regulations which provide for a determination of how and when
eacher assistants may be used as an appropriate and necessary part of
classroom instruction. In addition to any other duties which the
Board may deem appropriate, teacher assistants may perform or assist
a classroom teacher in the performance of hallroom duty, bus duty,
playground duty, lunchroom duty, extracurricular activities involving
school functions or any other noninstructional duty the Board may
prescribe. Provided, nothing in this section shall construe teacher
assistants to be defined as personnel as set out in Section 6-108 of
this title or require teacher assistants to possess the certification
required for teachers.
B. Any student who meets the criteria established by the State
Board which are commensurate with established eligibility criteria
for participation in the National School Lunch Act of 1946, 42 U.S.C.
Section 1751 et seq. as amended, shall be included in the percentage
necessary to meet the requirement of subsection A of this section for
the entitlement to a teacher's assistant for such class.
*+,-11'121#+,, .;()
C. For the purposes of this section, and for Sections 18-113.1
and 18-113.2 of this title, a federally funded bilingual assistant
hall not qualify as a teacher's assistant.
Amended by Laws 1982, c. 73, § 1; Laws 1988, c. 207, § 2, operative
July 1, 1988; Laws 1989, 1st Ex.Sess., c. 2, § 31, emerg. eff. April
25, 1990.
§70-6-127A. Public school paraprofessionals.
A. The Oklahoma Legislature recognizes that public school
paraprofessionals play an important role in educating school children
and in assisting teachers. The Legislature further recognizes the
increasing role of public school paraprofessionals in the school
system in light of teacher shortages. To achieve the goal of
excellence for all persons who have an impact on student learning, it
is the intent of the Oklahoma Legislature that public school
paraprofessionals be afforded career opportunities and economic
incentives through a career development program.
B. The State Board of Education shall adopt a program for the
career development of public school paraprofessionals. The purpose
of the program is to provide to public school paraprofessionals a
system of career development which is based upon education and
training advancement to encourage excellence among public school
paraprofessionals. Nothing in this section shall be construed to
require public school paraprofessionals to participate in the career
development program.
C. The board of education of a school district shall have
authority to extend an existing contract with a public school
paraprofessional that provides for the payment of compensation for
paraprofessional services rendered for the same time period during
which the paraprofessional is also assigned to the school district
for practice teaching as a student teacher.
D. For the purposes of this section, a public school
paraprofessional is an employee of a school district whose position
is either instructional in nature, or who delivers other direct
services to students and/or their parents. A public school
paraprofessional serves in a position for which a teacher or another
professional has the ultimate responsibility for the design,
implementation, and evaluation of the individual educational programs
or related services and student performance.
Added by Laws 1999, c. 295, § 1, eff. July 1, 1999. Amended by Laws
2017, c. 333, § 2, eff. July 1, 2017.
§70-6-128. Repealed by Laws 1999, c. 62, § 2, eff. July 1, 1999.
§70-6-129. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995;
Laws 1993, c. 155, § 4, eff. July 1, 1993.
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§70-6-129.1. Minority Teacher Recruitment Advisory Committee.
A. There is hereby re-created until July 1, 2010, in accordance
with the Oklahoma Sunset Law, a Minority Teacher Recruitment Advisory
Committee which shall have oversight over implementation of the
Minority Teacher Recruitment Center and shall advise the operation of
such Center. The Advisory Committee shall be composed of nineteen
(19) members. The presence of ten Advisory Committee members or
their designees shall constitute a quorum. Appointments shall be
made by July 1 with members serving a term of two (2) years unless no
longer eligible. The Advisory Committee members shall be appointed
as follows:
1. The Speaker of the House of Representatives shall appoint:
a. two members from the Oklahoma House of Representatives,
b. two members from an institution of higher education in
The Oklahoma State System of Higher Education. One
appointee shall be from a comprehensive university.
One appointee shall be from a two-year college,
c. one member who is a public school teacher who is a
minority,
d. one member who is a superintendent or designee of a
public school district, and
e. two members representing a community with a high
minority population. One appointee shall be African-
American. One appointee shall be Hispanic;
2. The President Pro Tempore of the Senate shall appoint:
a. two members from the Oklahoma State Senate,
b. two members from an institution of higher education in
The Oklahoma State System of Higher Education with a
teacher preparation program. One appointee shall be
from a regional university,
c. one member who is a public school teacher who is a
minority,
d. one member who is a principal of a public high school,
and
e. two members representing a community with a high
minority population. One appointee shall be American
Indian. One appointee shall be Asian-American;
3. The State Superintendent of Public Instruction or a designee
shall serve as a member of the Advisory Committee;
4. The Chancellor of Higher Education or a designee shall serve
as a member of the Advisory Committee; and
5. The Executive Director of the Oklahoma Commission for Teacher
Preparation or a designee shall serve as a member of the Advisory
Committee.
B. Members of the Advisory Committee shall be reimbursed for
attendance at the Advisory Committee meetings by the appointing
agency pursuant to the State Travel Reimbursement Act or Section 456
*+,-11'121#+,, .;()!
of Title 74 of the Oklahoma Statutes. Members of the Advisory
Committee shall designate from among the members a chairperson and
vice-chairperson. Staff assistance shall be provided by the Minority
Teacher Recruitment Center.
C. Persons who are members on the effective date of this act
shall retain their membership until their terms are completed.
D. The Minority Teacher Recruitment Advisory Committee shall:
1. Make recommendations on the annual operating budget of the
Minority Teacher Recruitment Center and verify that the funds
allocated to the Center through the Oklahoma State Regents for Higher
Education are utilized exclusively by the Center by function;
2. Advise the Oklahoma State Regents for Higher Education of
unmet needs within the state in the implementation of the Center's
activities;
3. Annually comment publicly on the progress of the Center;
4. Assist the Oklahoma State Regents for Higher Education in
developing and reporting information about the Center when necessary;
5. Meet as often as necessary to conduct business; and
6. Keep official minutes of the Committee meetings which shall
be made available to the public upon request.
E. As used in this section and Section 6-130 of this title,
"minority" means a person who is a lawful resident of the State of
Oklahoma and who is:
1. African-American, a person having origins in any of the black
racial groups of Africa;
2. Hispanic, a person of Mexican, Puerto Rican, Cuban, Central
or South American descent;
3. Asian-American, a person having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands; or
4. American Indian and Alaskan Native, a person having origins
in any of the original peoples of North America.
Added by Laws 1998, c. 139, § 1, eff. July 1, 1998. Amended by Laws
2004, c. 24, § 1.
§70-6-130. Minority Teacher Recruitment Center.
Recognizing the future significance and challenge of educating a
growing and highly diverse student population in Oklahoma common
schools and acknowledging the underrepresentation of minority
teachers among the state's professional education staff, the Oklahoma
State Regents for Higher Education shall have authority to establish
the Minority Teacher Recruitment Center and staff and administer its
work. Upon recommendations and advice from the Minority Teacher
Recruitment Advisory Committee re-created pursuant to Section 1 of
this act, the Oklahoma State Regents for Higher Education are hereby
directed to work with the State Board of Education, the Oklahoma
Commission for Teacher Preparation and other agencies, boards and
*+,-11'121#+,, .;()
education organizations in the interests of recruiting, retaining and
placing minority teachers in the public schools of the State of
Oklahoma. Such efforts shall include, but not be limited to:
1. The provision and coordination of support services to teacher
training programs in state institutions of higher education,
including the funding of grants for campus-based recruitment,
retention and placement programs that assist minority students who
intend to become teachers;
2. The establishment and development of recruiting programs for
potential minority teachers, including pre-collegiate curricular
courses that emphasize school success and the opportunity to
investigate teaching as a career choice, future teacher clubs and
collegiate programs designed to recruit students making transitions
from other careers and other areas of study;
3. The hosting of conferences dealing with issues that effect
minority teacher recruitment, retention, and placement;
4. The creation of activities in the public and private schools
of Oklahoma which enhance the image of the teaching profession; and
5. The creation and development of placement services providing
assistance to both minority educators and school districts seeking to
hire qualified minority teachers.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 52, emerg. eff. April 25,
1990. Amended by Laws 1992, c. 324, § 9, eff. July 1, 1992; Laws
1995, c. 322, § 27, eff. July 1, 1995; Laws 1997, c. 344, § 1, emerg.
eff. June 9, 1997; Laws 1998, c. 139, § 2, eff. July 1, 1998.
NOTE: Laws 1998, c. 20, § 1 repealed by Laws 1998, c. 205, § 2 and
Laws 1998, c. 412, § 7, eff. Sept. 1, 1998.
§70-6-131. Teacher recruitment programs.
Subject to the availability of funds, the State Department of
Education and the Oklahoma State Regents for Higher Education,
working in cooperation, shall:
1. Develop and implement programs to identify talented students
and recruit those students and other persons into the teaching
profession. Persons targeted for recruitment may include anyone
eligible for lawful employment;
2. Develop and distribute materials that emphasize the
importance of the teaching profession and inform individuals about
state-funded loan forgiveness and tuition assistance programs;
3. Give priority to developing and implementing recruitment
programs to address the areas of teacher shortage identified and the
recommendations made in the educator supply-and-demand study as
required by Section 6-211 of Title 70 of the Oklahoma Statutes. The
Department may use discretionary funds to carry out the provisions of
this paragraph;
4. Encourage cooperation between the business community and
school districts to develop recruitment programs designed to attract
*+,-11'121#+,, .;()"
and retain capable teachers, including programs to provide summer
employment opportunities for teachers; and
5. Encourage major education associations to cooperate in
developing a long-range program promoting teaching as a prestigious,
respected and desirable career and to assist in identifying local
activities and resources that may be used to promote the teaching
profession.
Added by Laws 2017, c. 149, § 1, eff. July 1, 2017.
§70-6-132. Oklahoma Teacher Recruitment Revolving Fund.
A. Twenty Dollars ($20.00) of the fee authorized by Section 1 of
Enrolled Senate Bill No. 14 of the 1st Session of the 56th Oklahoma
Legislature, for Oklahoma License to Educate license plates shall be
deposited to the Oklahoma Teacher Recruitment Revolving Fund created
in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
"Oklahoma Teacher Recruitment Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the State Department of Education
pursuant to the provisions of subsection A of this section and any
donations, grants and gifts from any public or private source. All
monies accruing to the credit of the fund are hereby appropriated and
may be budgeted and expended by the State Department of Education for
the purpose of operating teacher recruitment programs. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the Director
of the Office of Management and Enterprise Services for approval and
payment.
Added by Laws 2017, c. 149, § 2, eff. July 1, 2017.
§70-6-133. Pilot program for new pathways to teacher certification.
A. As used in this section:
1. "Provider" means an eligible entity that seeks or has
obtained approval of an alternative teacher preparation program
consistent with this section; and
2. "Program" means content provided by a provider that leads
toward licensure in a specific content area.
B. The State Board of Education shall identify providers to
implement new and innovative pathways toward teacher certification on
a pilot program basis. Providers seeking to participate in the pilot
program shall submit applications to the State Board of Education.
C. A provider chosen by the State Board of Education to
participate in the pilot program shall offer a program that:
1. Provides evidence and history of fiscal solvency, capacity,
operation and program effectiveness;
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2. Provides evidence of necessary infrastructure to provide
accurate, timely and secure data for the purpose of admission,
teacher candidate monitoring, testing and certification
recommendations;
3. Has policies and procedures in place ensuring the security of
teacher candidate records under applicable laws and regulations;
4. Has the instructional capacity or ability to obtain the
instructional capacity to provide adequate instruction in accordance
with this subsection;
5. Offers an instructional phase that provides intensive
preparation before the teacher candidates assume classroom
responsibilities;
6. Offers a research-based and results-oriented approach focused
on best teaching practices to increase student achievement and growth
measured against state academic standards;
7. Provides assessment, supervision and evaluation of teacher
candidates to determine their specific needs throughout the program
and to support efforts to successfully complete the program;
8. Provides intensive and ongoing professional development
opportunities that accelerate a teacher candidate's professional
growth, support student learning and provide a workplace orientation,
professional staff development and mentoring;
9. Offers peer review focused on standards of professional
practice and continuous professional growth; and
10. Provides a process to review a teacher candidate's final
competency of required certification content standards that leads to
a potential candidate being recommended for teacher certification in
accordance with subsection F of this section.
D. The State Board of Education shall ensure that providers
approved to participate in the pilot program allow teacher candidates
to demonstrate pedagogy and content standard proficiency in school-
based programs and through other nontraditional means.
Nontraditional means may include but not be limited to previous work
experience, teacher experience, educator evaluations, industry-
recognized certifications and other essentially equivalent
demonstrations.
E. If the State Board of Education determines that a provider
fails to meet or is deficient in any of the requirements of this
section, it may suspend or revoke the approval of the provider after
providing notification of the deficiencies and an opportunity to
remedy the deficiencies.
F. A teacher candidate that completes a program offered by an
approved provider shall be eligible for certification, provided he or
she meets the certification requirements set forth in Section 6-187
of Title 70 of the Oklahoma Statutes in the area of specialization
for which certification is sought and is recommended for
certification by the approved provider.
*+,-11'121#+,, .;(!
G. The State Board of Education shall issue a certificate to
teach to any person who meets the requirements set forth in this
section and who has on file with the Board a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. The
person applying for the certificate shall be responsible for the cost
of the criminal history records.
H. A provider shall submit a report to the State Department of
Education after one (1) year of operation showing the percentage of
teacher candidates who have completed the program and who have
successfully completed or who have failed the competency examinations
for certification and the provider's efforts to help candidates
successfully pass the examinations. A provider shall annually submit
evidence to the State Department of Education after the pilot year
with evidence of the success of the program.
I. The State Board of Education may promulgate rules to
implement the provisions of this section.
J. The pilot program created in this section shall end no later
than July 1, 2024.
Added by Laws 2019, c. 351, § 1.
§70-6-140. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 75, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.1.
§70-6-141. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 76, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.2.
§70-6-142. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 77, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.3.
§70-6-143. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 78, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
*+,-11'121#+,, .;(!
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.4.
§70-6-144. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 79, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.5.
§70-6-145. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 80, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.6.
§70-6-146. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 81, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.7.
§70-6-147. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 82, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.8.
§70-6-148. Repealed by Laws 2013, 1st Ex. Sess., c. 7, § 1, emerg.
eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 83, which created this section, was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013). Now see Title 70, § 6-149.9.
§70-6-149.1. Short title - School Protection Act.
Sections 2 through 10 of this act shall be known and may be cited
as the "School Protection Act".
Added by Laws 2013, 1st Ex. Sess., c. 7, § 2, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-140, which
was derived from Laws 2009, c. 228, § 75, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
*+,-11'121#+,, .;(!$
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-149.2. Purpose of act.
The purpose of the School Protection Act is to provide teachers,
principals, and other school professionals the tools they need to
undertake reasonable actions to maintain order, discipline, and an
appropriate educational environment.
Added by Laws 2013, 1st Ex. Sess., c. 7, § 3, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-141, which
was derived from Laws 2009, c. 228, § 76, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-149.3. Definitions.
As used in the School Protection Act:
1. "Education employee" means any individual who is an employee
of a school; and
2. "School" means a public school district, governmental entity
that employs teachers as defined in Section 1-116 of Title 70 of the
Oklahoma Statutes, or private kindergarten, elementary, or secondary
school.
Added by Laws 2013, 1st Ex. Sess., c. 7, § 4, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-142, which
was derived from Laws 2009, c. 228, § 77, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-149.4. False accusations of criminal activity against
education employees - Penalties.
A. Except as otherwise provided in this section, any person
eighteen (18) years of age or older who acts with specific intent in
making a false accusation of criminal activity against an education
employee to law enforcement authorities or school district officials,
or both, shall be guilty of a misdemeanor and, upon conviction,
punished by a fine of not more than Two Thousand Dollars ($2,000.00).
B. Except as otherwise provided in this section, any student
between seven (7) years of age and seventeen (17) years of age who
acts with specific intent in making a false accusation of criminal
activity against an education employee to law enforcement authorities
or school district officials, or both, shall, upon conviction, at the
discretion of the court, be subject to any of the following:
*+,-11'121#+,, .;(!(
1. Community service of a type and for a period of time to be
determined by the court; or
2. Any other sanction as the court in its discretion may deem
appropriate.
C. The provisions of this section shall not apply to statements
regarding individuals elected or appointed to an educational entity.
D. This section is in addition to and does not limit the civil
or criminal liability of a person who makes false statements alleging
criminal activity by another.
Added by Laws 2013, 1st Ex. Sess., c. 7, § 5, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-143, which
was derived from Laws 2009, c. 228, § 78, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-149.5. Awarding of costs and attorney fees – Expert witness
fees.
A. In any civil action or proceeding against a school or an
education employee, the court may award costs and reasonable attorney
fees to the prevailing party. In any civil action or proceeding by
or between any education employee and a school or other education
employee, the provisions of this section shall not apply.
B. Expert witness fees may be included as part of the costs
awarded under this section.
Added by Laws 2013, 1st Ex. Sess., c. 7, § 6, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-144, which
was derived from Laws 2009, c. 228, § 79, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-149.6. Insurance indemnification not a waiver of defenses.
Unless otherwise provided by law, the existence of any policy of
insurance indemnifying a school or an education employee against
liability for damages is not a waiver of any defense otherwise
available to the educational entity or its employees in the defense
of the claim.
Added by Laws 2013, 1st Ex. Sess., c. 7, § 7, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-145, which
was derived from Laws 2009, c. 228, § 80, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
*+,-11'121#+,, .;(!
§70-6-149.7. Student assault or acts reasonably causing injury to
education employees or volunteers - Penalties - Education employee
immunity.
A. No student enrolled in a school shall assault, attempt to
cause physical bodily injury, or act in a manner that could
reasonably cause bodily injury to an education employee or a person
who is volunteering for the school. Any student in grades six
through twelve who violates the provisions of this section shall be
subject to out-of-school suspension as provided for in Section 24-
101.3 of this title. This section shall be in addition to and does
not limit the criminal liability of a person who causes or commits an
assault, battery, or assault and battery upon a school employee as
provided for in Section 650.7 of Title 21 of the Oklahoma Statutes.
'
,
Added by Laws 2013, 1st Ex. Sess., c. 7, § 8, emerg. eff. Sept. 10,
2013. Amended by Laws 2015, c. 135, § 1.
NOTE: Text formerly resided under repealed Title 70, § 6-146, which
was derived from Laws 2009, c. 228, § 81, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-149.8. Benefits not lost by leaves of absence due to assault
or battery.
An education employee who is injured as a result of an assault or
battery upon the person of the employee while the employee is in the
performance of any duties as an education employee shall be entitled
to a leave of absence from employment with the school without a loss
of leave benefits.
Added by Laws 2013, 1st Ex. Sess., c. 7, § 9, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-147, which
was derived from Laws 2009, c. 228, § 82, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-149.9. Act does not limit other laws.
*+,-11'121#+,, .;(!)
The School Protection Act shall be in addition to and shall not
limit or amend The Governmental Tort Claims Act or any other
applicable law.
Added by Laws 2013, 1st Ex. Sess., c. 7, § 10, emerg. eff. Sept. 10,
2013.
NOTE: Text formerly resided under repealed Title 70, § 6-148, which
was derived from Laws 2009, c. 228, § 83, which was held
unconstitutional by the Oklahoma Supreme Court in the case of Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla.
2013).
§70-6-150. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-151. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-152. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-153. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-154. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-154.1. Renewal of Standard Teaching Certificate.
A. The State Board of Education shall promulgate rules by which
a person who holds a valid Oklahoma Standard Teaching Certificate may
satisfy requirements for renewal of the Standard Teaching Certificate
by completing staff development programs, conferences and seminars in
lieu of teaching experience or higher education credits required by
the State Board of Education for certificate renewal. Only programs,
conferences and seminars recognized for staff development credit by
an Oklahoma public school district at the time the teacher attends
the program, conference or seminar may be used to fulfill
requirements under this section. The State Board of Education shall
not require more staff development credit to be earned for
certificate renewal than the Board requires teachers and
administrators to earn pursuant to Section 6-158 of Title 70 of the
Oklahoma Statutes.
B. District boards of education may charge a reasonable fee for
a holder of a valid Oklahoma Standard Teaching Certificate who is not
employed as a teacher or administrator in an Oklahoma public school
to attend district-sponsored staff development programs or seminars.
Added by Laws 1993, c. 350, § 2, emerg. eff. June 10, 1993.
§70-6-155. Repealed by Laws 1992, c. 308, § 15, eff. July 1, 1995.
§70-6-155.1. Repealed by Laws 1988, c. 225, § 26.
§70-6-156. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
*+,-11'121#+,, .;(!!
§70-6-157. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-158. Repealed by Laws 1992, c. 308, § 15, eff. July 1, 1995.
§70-6-158.1. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1,
1995.
§70-6-159. Repealed by Laws 1995, c. 322, § 33, eff. July 1, 1995.
§70-6-160. Renumbered as § 6-191 of this title by Laws 1995, c. 322,
§ 34, eff. July 1, 1995.
§70-6-161. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995;
Laws 1993, c. 155, § 4, eff. July 1, 1993.
§70-6-162. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-163. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-164. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-165. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-166. Blank.
§70-6-167. Blank.
§70-6-168. Blank.
§70-6-169. Blank.
§70-6-170. Repealed by Laws 1992, c. 308, § 15, eff. Sept. 1, 1995.
§70-6-171. Renumbered as § 6-181 of this title by Laws 1995, c. 322,
§ 34, eff. July 1, 1995.
§70-6-172. Renumbered as § 6-183 of this title by Laws 1995, c. 322,
§ 34, eff. July 1, 1995.
§70-6-173. Repealed by Laws 1995, c. 322, § 33, eff. July 1, 1995.
§70-6-174. Repealed by Laws 1995, c. 322, § 33, eff. July 1, 1995.
§70-6-175. Renumbered as § 6-188 of this title by Laws 1995, c. 322,
§ 34, eff. July 1, 1995.
*+,-11'121#+,, .;(!
§70-6-176. Repealed by Laws 1995, c. 322, § 33, eff. July 1, 1995.
§70-6-177. Repealed by Laws 1995, c. 322, § 33, eff. July 1, 1995.
§70-6-178. Renumbered as § 6-199 of this title by Laws 1995, c. 322,
§ 34, eff. July 1, 1995.
§70-6-180. Short title.
This act shall be known and may be cited as the "Oklahoma Teacher
Preparation Act".
Added by Laws 1995, c. 322, § 1, eff. July 1, 1995.
§70-6-181. Legislative declaration - Interpretation of act.
The Legislature, recognizing its obligation to the children of
this state to ensure their opportunity to receive an excellent
education, and recognizing that the single most important factor
affecting the quality of education is the quality of the individual
teacher in the classroom, hereby calls for the development,
implementation and administration of a new competency-based teacher
preparation system in Oklahoma.
It is the intent of the Legislature that this act shall be in
addition to existing laws governing teachers, and nothing herein
shall be construed as repealing or amending any protection to
teachers prescribed, or as removing or diminishing any existing
power, authority or responsibility of the local boards of education
and the State Board of Education not in conflict with the provisions
of this act. Nondegreed vocational teachers and school nurses
certified under rules promulgated by the State Board of Education
shall be exempt from the provisions of this act, except for those
provisions concerning professional development programs.
Added by Laws 1992, c. 308, § 1, eff. June 1, 1992. Amended by Laws
1994, c. 224, § 1, eff. Sept. 1, 1994; Laws 1995, c. 322, § 2, eff.
July 1, 1995. Renumbered from § 6-171 of this title by Laws 1995, c.
322, § 34, eff. July 1, 1995.
§70-6-182. Definitions.
As used in the Oklahoma Teacher Preparation Act:
1. "Board" means the State Board of Education;
2. "Commission" means the Commission for Educational Quality and
Accountability;
3. "State Regents" means the Oklahoma State Regents for Higher
Education;
4. "Professional development program" means the program mandated
by the Oklahoma Teacher Preparation Act for the continuous
improvement and enrichment of the certified and licensed teachers of
this state;
*+,-11'121#+,, .;(!"
5. "Teacher education professional development committee" means
the committee created in Section 6-186 of this title for the
continuous improvement and enrichment of higher education faculty in
teacher education programs in institutions of higher education;
6. "Department" means the State Department of Education;
7. "Induction" means a program that provides support, mentorship
and coaching to educators at the beginning of their careers or as
they transition to new roles within a school or district. Induction
programs work with inductees to assist in all matters concerning
classroom management and professional development for that teacher.
Induction programs may involve a committee of one or more mentor
teachers, the principal or an assistant principal of the employing
school, one or more administrators designated by the school district
board of education, a teacher educator in a college or school of
education of an institution of higher education or an educator in a
department or school outside the institution's teacher education
unit;
8. "Teacher" means a person defined as a teacher in Section 1-
116 of this title;
9. "Inductee" means any certified teacher who is employed in an
accredited school to serve as a teacher and the school district has
elected to place under the guidance and assistance of a mentor
teacher or induction committee. Inductees shall include those
individuals having completed the program of the college or school of
education of the accredited institution of higher education from
which the person has been graduated, and shall have successfully
completed the competency examination in areas of approval in which
the inductee seeks certification, those individuals eligible for the
alternative placement teaching certificate according to Section 6-
122.3 of this title, and those individuals issued an emergency or
provisional certificate according to Section 6-187 of this title.
All teachers working in a new role, including classroom teachers
transitioning to a new role, shall be considered inductees for
purposes of induction programs;
10. "Certified teacher" means any teacher who has been issued a
certificate by the Board in accordance with the Oklahoma Teacher
Preparation Act and the rules of the Board;
11. "Mentor teacher" means any teacher who has been appointed to
provide guidance, support, coaching and assistance to an inductee
employed by the school district. A mentor teacher shall be a current
or former classroom teacher and have a minimum of two (2) years of
classroom teaching experience as a certified teacher.
When possible, a mentor teacher shall have participated in mentor
teacher professional development and have expertise in the teaching
field of the inductee;
12. "Higher education faculty" means any individual who is
employed in a teaching capacity in an institution of higher
*+,-11'121#+,, .;(!
education, approved or accredited by the Commission for the
preparation of education personnel; and
13. "Competency examination" means the assessment required in
the Oklahoma Teacher Preparation Act for certification as a teacher
and shall consist of tests over general education, professional
education and subject areas as defined by the Commission for
Educational Quality and Accountability.
Added by Laws 1995, c. 322, § 3, eff. July 1, 1995. Amended by Laws
1997, c. 344, § 2, emerg. eff. June 9, 1997; Laws 2005, c. 280, § 1,
eff. July 1, 2005; Laws 2012, c. 223, § 8, eff. Jan. 1, 2013; Laws
2014, c. 124, § 9, eff. July 1, 2014; Laws 2016, c. 108, § 1, eff.
July 1, 2016; Laws 2018, c. 165, § 3, eff. Nov. 1, 2018.
§70-6-183. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
§70-6-184. Authority of the Oklahoma Commission for Teacher
Preparation, the State Board of Education, the Oklahoma State Regents
for Higher Education and the State Board of Career and Technology
Education.
A. Beginning July 1, 1997 through July 1, 2014, the Oklahoma
Commission for Teacher Preparation shall have authority for approval
and accreditation of teacher education programs and for assessment of
candidates for certification according to the provisions of the
Oklahoma Teacher Preparation Act. As part of this duty the Oklahoma
Commission for Teacher Preparation shall:
1. Include the State Board of Education in the process;
2. Review and assess approved, accredited and new programs of
teacher education; and
3. Encourage studies and research designed to improve teacher
education.
B. Until July 1, 2014, before adopting any rule pertaining to
approval or accreditation of teacher education programs or assessment
of candidates for certification, the Oklahoma Commission for Teacher
Preparation shall solicit comments from the State Board of Education,
the Oklahoma State Regents for Higher Education and the State Board
of Career and Technology Education on the proposed rule. Within
forty-five (45) days of the receipt of the proposed rule from the
Oklahoma Commission for Teacher Preparation, the State Board of
Education, the State Regents and the State Board of Career and
Technology Education shall separately review the proposed rule and
return their recommendations to the Commission on the proposed
adoption. Each recommendation shall include the rationale for the
recommendation. The Oklahoma Commission for Teacher Preparation
shall accord the recommendations due deliberation in its subsequent
consideration of the adoption of each proposed rule. If the action
of the Commission on a proposed rule is not consistent with the
recommendation made by any of the reviewing entities, within ten (10)
*+,-11'121#+,, .;(
days of the Oklahoma Commission for Teacher Preparation's formal
action on the rule, the Commission shall submit a report providing
justification for its actions to the Commission for Educational
Quality and Accountability.
C. Until July 1, 2014, the State Board of Education, the
Oklahoma State Regents for Higher Education and the State Board of
Career and Technology Education shall also have authority to
recommend to the Oklahoma Commission for Teacher Preparation rules
for teacher education program approval and accreditation and rules
for teacher assessment. Any such rule recommended shall be
considered by the Commission within sixty (60) days of receipt of the
rule by the same process provided in subsection A of this section for
rules proposed by the Oklahoma Commission for Teacher Preparation.
D. Until July 1, 2014, before adopting any rule pertaining to
teacher certification, residency or professional development, the
State Board of Education shall solicit comments from the Oklahoma
Commission for Teacher Preparation, the Oklahoma State Regents for
Higher Education and the State Board of Career and Technology
Education on the proposed rule. Within forty-five (45) days of the
receipt of a proposed rule from the State Board of Education, the
Oklahoma Commission for Teacher Preparation, the State Regents and
the State Board of Career and Technology Education shall separately
review the proposed rule and return their recommendations to the
Board on the proposed adoption. Each recommendation shall include
the rationale for the recommendation. The State Board of Education
shall accord the recommendations due deliberation in its subsequent
consideration of the adoption of each rule. If the action of the
State Board of Education on a proposed rule is not consistent with
the recommendation made by any of the reviewing entities, within ten
(10) days of the State Board of Education's formal action on the
rule, the State Board of Education shall submit a report providing
justification for its action to the Education Oversight Board.
E. Until July 1, 2014, the Oklahoma Commission for Teacher
Preparation, the Oklahoma State Regents for Higher Education and the
State Board of Career and Technology Education shall have authority
to recommend to the State Board of Education rules for adoption in
the areas of teacher certification, residency and professional
development. Any such rule recommended shall be considered by the
State Board of Education within sixty (60) days of the receipt of the
rule by the same process provided in subsection C of this section for
rules proposed by the State Board of Education.
F. Beginning July 1, 2014, the State Board of Education, the
Oklahoma State Regents for Higher Education and the State Board of
Career and Technology Education shall have the authority to submit
proposed rules regarding teacher education program approval,
accreditation, and for teacher assessment to the Commission for
Educational Quality and Accountability. All proposed rules shall be
*+,-11'121#+,, .;(
considered by the Commission within sixty (60) days of receipt of the
proposed rule. The proposed rules shall be considered by the
Commission in the same process provided in subsection B of this
section for rules proposed by the Oklahoma Commission for Teacher
Preparation.
G. Beginning July 1, 2014, before adopting any rule pertaining
to teacher leadership and effectiveness or professional development,
the State Board of Education shall solicit comments from the
Commission for Educational Quality and Accountability, the Oklahoma
State Regents for Higher Education and the State Board of Career and
Technology Education on the proposed rule. Within forty-five (45)
days of the receipt of a proposed rule from the State Board of
Education, the Commission for Educational Quality and Accountability,
the State Regents and the State Board of Career and Technology
Education shall separately review the proposed rule and return their
recommendations to the Board on the proposed rule. Each
recommendation shall include the rationale for the recommendation.
The State Board of Education shall accord the recommendations due
deliberation in its subsequent consideration of the adoption of each
rule.
Added by Laws 1995, c. 322, § 5, eff. July 1, 1995. Amended by Laws
2001, c. 33, § 80, eff. July 1, 2001; Laws 2012, c. 223, § 9, eff.
Jan. 1, 2013; Laws 2014, c. 124, § 10, eff. July 1, 2014.
§70-6-185. Competencies and methods to be incorporated into teacher
preparation system.
A. The following competencies and methods shall be incorporated
into the programs approved by the Commission for Educational Quality
and Accountability for the competency-based teacher preparation
system provided for in the Oklahoma Teacher Preparation Act:
1. The teacher preparation system shall include, but not be
limited to, the following competencies:
a. excellence in the arts and sciences,
b. an in-depth knowledge of the subject matter to be
taught,
c. the ability to identify and cultivate talent and
potential in students,
d. an understanding of child and human development,
e. teaching skills developed through a variety of learning
experiences,
f. the ability to interact effectively with all students,
g. skills necessary for working with parents, guardians
and custodians of students in the education process,
h. skills necessary to involve the community in education,
i. skills to foster teamwork within and among schools,
j. for administrators, skills necessary to be an effective
leader of a school or school district, and
*+,-11'121#+,, .;($
k. skills in effective classroom management and student
discipline;
2. The preservice program shall include the following methods to
achieve the competencies listed in paragraph 1 of this subsection:
a. require teacher candidates to study arts and sciences
at the undergraduate level,
b. require secondary and elementary/secondary teacher
candidates to have undergraduate majors, or their
equivalents, in a subject area, and require teacher
candidates in early childhood, elementary, and special
education to have subject area concentrations which
allow qualification as a generalist,
c. require teacher candidates to study the individuality
of students, the capacity of students to learn and the
process of learning,
d. integrate curriculum from other disciplines with the
education curriculum,
e. require teacher candidates to have training experiences
and personal contact with parents, guardians or
custodians of school-age children,
f. require teacher candidates to have community
involvement experience,
g. structure courses so as to require teamwork activities,
and
h. require teacher candidates to study, in existing
coursework, substance abuse symptoms identification and
prevention, mental illness symptoms identification and
mental health issues, classroom management skills,
trauma-informed responsive instruction and classroom
safety and discipline techniques; and
3. The Commission for Educational Quality and Accountability
shall not require more than a four-year program of one hundred
twenty-four (124) semester hours to complete a teacher education
degree.
B. It is the intent of the Legislature that institutions of
higher education which offer teacher education programs hold such
programs accountable for meeting the certification competencies
approved by the State Board of Education. It is the intent of the
Legislature that the teacher education programs incorporate a
curriculum to achieve the competency-based system and include
integration of the teacher preparation curricula with the arts and
sciences departments curricula. Each institution of higher education
which seeks accreditation or approval for its teacher education
program shall develop an institution plan which follows the State
Board of Education competencies for certification. In developing
such institution plans, the higher education institution shall
establish a process which seeks information and input from teacher
*+,-11'121#+,, .;((
preparation faculty, faculty from arts and sciences and other
programs and disciplines which are appropriate, students within the
teacher education program, teachers, administrators, parents,
guardians or custodians of students and business and community
leaders. Each institution shall report annually to the Commission
for Educational Quality and Accountability the procedures used to
inform the public regarding the institution's teacher education
program and the manner through which public input is solicited and
received. The institution's plan shall be accessible to any
interested party under the Oklahoma Open Records Act. No institution
of higher education's teacher education program shall be approved by
the Commission unless the institution plan has been approved by that
institution's governing board. The Oklahoma State Regents for Higher
Education may facilitate the development of institution plans to
assist institutions of higher education.
Added by Laws 1995, c. 322, § 6, eff. July 1, 1995. Amended by Laws
1997, c. 344, § 3, emerg. eff. June 9, 1997; Laws 1999, c. 202, § 2,
eff. July 1, 1999; Laws 2003, c. 295, § 1, eff. July 1, 2003; Laws
2010, c. 61, § 2, eff. July 1, 2010; Laws 2010, c. 296, § 1, eff.
July 1, 2010; Laws 2012, c. 223, § 10, eff. Jan. 1, 2013; Laws 2014,
c. 124, § 11, eff. July 1, 2014; Laws 2019, c. 234, § 1, eff. Nov. 1,
2019.
§70-6-186. Criteria for approval and accreditation of teacher
education programs.
A. Criteria for the approval and accreditation of teacher
education programs in Oklahoma institutions of higher education shall
include, but not be limited to, substantial evidence that persons who
enter teacher education programs demonstrate:
1. Competency in the oral and written use of the English
language;
2. A minimum grade point average as established by the
Commission for Educational Quality and Accountability; and
3. The ability to meet criteria established pursuant to the
Oklahoma Teacher Preparation Act at the completion of the teacher
education program and provide evidence of having worked with children
or youth in a variety of situations.
Criteria shall also include a greater emphasis upon field work in
accredited schools by prospective teachers under the supervision of
higher education faculty.
B. The Commission for Educational Quality and Accountability
shall work with the Oklahoma State Regents for Higher Education and
the various institutions of higher education in developing guidelines
for a paid teacher internship program which may be offered at each
institution for prospective teachers. The purpose of each program
shall be to provide mentorship and support for prospective teachers.
Students enrolled in a teacher education program shall be eligible to
*+,-11'121#+,, .;(
participate in the program. Only students who have completed the
minimum teacher internship requirement as established by the
institution shall be eligible to participate in the paid teacher
internship program.
C. It is hereby declared to be the intent of the Legislature
that the Commission for Educational Quality and Accountability work
with the Oklahoma State Regents for Higher Education and the various
institutions of higher education in establishing a procedure whereby
full-time teacher education faculty continue their professional
development during their tenure at an institution of higher education
to ensure that the future teachers of this state are taught by
professional educators fully trained in their area of expertise.
Each approved or accredited program of teacher education shall have a
system for documenting and reporting the annual professional
development activities of all teacher education faculty members.
Faculty professional development reports shall be reviewed by the
Commission along with professional development activities as a normal
part of the accreditation process.
It is further declared to be the intent of the Legislature that
such professional development plans provide alternative means of
education including, but not limited to:
1. Professional development programs;
2. Higher education courses;
3. Exchange programs with public school classroom teachers,
administrators, and other school personnel; and
4. Programs whereby all full-time teacher education faculty
members directly involved in the teacher education process, including
all administrators of the teacher education program, are required to
serve in a state accredited public school for at least ten (10) clock
hours per school year in responsibilities related to their respective
teacher education teaching fields.
All public school systems shall participate in the programs
provided for in this subsection when needed.
D. The Commission for Educational Quality and Accountability
shall adopt rules requiring specific improvements to strengthen the
screening of student applicants and field activity and placement as
set out in subsection A of this section. Such rules shall be
reviewed and amended or readopted by the Commission at least once
every five (5) years.
E. To assist the Commission in setting specific requirements as
set out in subsections A and D of this section, the Commission shall
annually prepare a statistical report showing the percentage of
students from each of the Oklahoma institutions of higher education
who have successfully completed or who have failed the competency
examination for certification. The annual report shall show the
percentages for each institution of higher education and each
assessment area separately by student degree status and shall be
*+,-11'121#+,, .;()
distributed annually to each member of the Commission for Educational
Quality and Accountability, the Oklahoma State Regents for Higher
Education, the governing board of each institution which has an
approved or state accredited teacher education program, the State
Board of Education, the State Board of Career and Technology
Education and the Legislature.
F. By November 1, 2017, the Commission shall adopt rules
requiring coursework or training in the use of digital and other
instructional technologies as a requisite for program accreditation.
Added by Laws 1995, c. 322, § 7, eff. July 1, 1995. Amended by Laws
2001, c. 33, § 81, eff. July 1, 2001; Laws 2010, c. 61, § 3, eff.
July 1, 2010; Laws 2014, c. 124, § 12, eff. July 1, 2014; Laws 2017,
c. 5, § 1, eff. July 1, 2017; Laws 2019, c. 273, § 2, emerg. eff. May
2, 2019.
§70-6-187. Competency examinations.
A. Prior to July 1, 2014, a competency examination shall be
adopted by the Oklahoma Commission for Teacher Preparation and
beginning July 1, 2014, a competency examination shall be adopted by
the Commission for Educational Quality and Accountability for the
general education, professional education and various subject areas
and grade levels for purposes of ensuring academic achievement and
competency of each teacher candidate or teacher in the subject area
the person is seeking certification to teach which shall also include
certification as an administrator, as prescribed by the State Board
of Education.
The Commission, consistent with the purposes of this section,
shall promulgate rules and procedures to guarantee the
confidentiality of examinations.
B. No teacher candidate shall be eligible for certification
until successfully completing the competency examination except those
candidates who make application to the State Board and meet the
criteria for the alternative placement program pursuant to Section 6-
122.3 of this title. Certification shall be limited to areas of
approval in which the certified teacher has successfully completed
the examination. Subject to the provisions of subsection C of this
section, testing for certification for subjects in which a teacher
candidate or teacher is seeking a minor teaching assignment or an
endorsement to teach shall be limited to the specific subject area
test.
A teacher candidate or teacher may take the general education,
professional education or subject area portions of the examination
subject to any limit imposed by the Commission.
C. 1. Except as otherwise provided for in this subsection, a
teacher may be certified in as many areas as the teacher meets the
necessary requirements provided by law and has successfully completed
the subject area portion of the examination.
*+,-11'121#+,, .;(!
2. Except as otherwise provided for in this paragraph,
certification in early childhood, elementary, or special education
shall require completion of an appropriate teacher education program
approved by the Commission.
Any teacher who is certified to teach elementary education may be
certified in early childhood education upon meeting the requirements
provided in law and successful completion of the appropriate subject
area portion of the examination. Any teacher who is certified to
teach early childhood education may be certified in elementary
education upon meeting the requirements provided in law and
successful completion of the appropriate subject area portion of the
examination. Any special education teacher who becomes certified to
teach through completion of an accredited teacher preparation program
may be certified in early childhood or elementary education upon
meeting the requirements provided in law and successful completion of
the appropriate subject portion of the examination. Any teacher who
becomes certified to teach through completion of an accredited
teacher preparation program or becomes alternatively certified to
teach through the Troops to Teachers program may be certified in
special education upon meeting the requirements provided in law and
successful completion of the appropriate subject area portion of the
examination. Any special education teacher who has not completed a
Commission-approved teacher education program in elementary education
or early childhood education but who has successfully completed the
subject area portion of the examination may be certified in
elementary education or early childhood education for the purpose of
providing direct instruction and serving as the teacher of record for
grading purposes in special education settings only.
D. The Commission shall offer the competency examination at
least four times per calendar year on dates to be established by the
Commission.
E. If a teacher candidate or teacher is a non-native-English
speaker, the Commission shall offer the subject area competency
examination in the native language of the teacher candidate or
teacher only if the teacher candidate or teacher is employed or has
been offered employment by a school district as a teacher in a
foreign language immersion program offered by the school district.
If a non-native-English speaker who has received certification in a
subject area after taking the subject area competency examination in
the native language of the speaker seeks to add a certification area
in the future and that person is no longer employed as a teacher in a
foreign language immersion program, the examination for the
additional certification area shall be taken in English. The State
Board of Education shall issue a restricted license or certificate to
any teacher who has completed a subject area competency examination
in the native language of the teacher as provided for in this
*+,-11'121#+,, .;(
subsection restricting the teacher to teaching only in a foreign
language immersion program.
F. Nothing in the Oklahoma Teacher Preparation Act shall
restrict the right of the State Board of Education to issue an
emergency or provisional certificate, as needed. Provided, however,
prior to the issuance of an emergency certificate, the district shall
document substantial efforts to employ a teacher who holds a
provisional or standard certificate. In the event a district is
unable to hire an individual meeting this criteria, the district
shall document efforts to employ an individual with a provisional or
standard certificate in another curricular area with academic
preparation in the field of need. Only after these alternatives have
been exhausted shall the district be allowed to employ an individual
meeting minimum standards as established by the State Board of
Education for the issuance of emergency certificates.
Added by Laws 1995, c. 322, § 8, eff. July 1, 1995. Amended by Laws
1997, c. 344, § 4, emerg. eff. June 9, 1997; Laws 1999, c. 62, § 1,
eff. July 1, 1999; Laws 2001, c. 425, § 2, emerg. eff. June 5, 2001;
Laws 2002, c. 236, § 2, eff. July 1, 2002; Laws 2009, c. 82, § 2,
eff. Nov. 1, 2009; Laws 2010, c. 61, § 4, eff. July 1, 2010; Laws
2011, c. 82, § 1, eff. July 1, 2011; Laws 2012, c. 18, § 1, eff. July
1, 2012; Laws 2012, c. 223, § 11, eff. Jan. 1, 2013; Laws 2013, c.
336, § 3, eff. July 1, 2013; Laws 2014, c. 149, § 1, eff. July 1,
2014; Laws 2015, c. 54, § 31, emerg. eff. April 10, 2015; Laws 2017,
c. 50, § 1, eff. Nov. 1, 2017.
NOTE: Laws 2014, c. 124, § 13 repealed by Laws 2015, c. 54, § 32,
emerg. eff. April 10, 2015.
§70-6-187A. Competency examinations - Refund.
If a company that provides competency examinations within this
state requires payment from a teacher candidate for an examination
prior to the release of the previous competency examination results
for that candidate, it shall be required to provide a full refund to
the teacher candidate in the event he or she successfully passes the
previous examination.
Added by Laws 2013, c. 141, § 1, eff. Nov. 1, 2013.
§70-6-187B. Teaching Certification Scholarship Program
A. The Commission for Educational Quality and Accountability
shall establish the Teaching Certification Scholarship Program. The
purpose of the program shall be to provide qualifying teacher
candidates who are seeking certification with a scholarship toward
the cost of competency examinations required by Section 6-187 of
Title 70 of the Oklahoma Statutes, subject to the availability of
funds.
B. The Commission shall establish eligibility criteria for the
Teaching Certification Scholarship Program.
*+,-11'121#+,, .;("
C. Scholarships granted pursuant to this section shall be
limited to one per teacher candidate.
D. A teacher candidate who accepts a scholarship shall be
required to submit to the Commission a declaration to teach for a
minimum of one (1) year in an accredited school district in Oklahoma.
If the teacher candidate does not teach at a school district in
Oklahoma upon achieving certification, he or she shall be required to
reimburse the Commission for the full amount awarded.
Added by Laws 2016, c.17, § 1, eff. Jan. 1, 2017.
§70-6-187C. Teaching Certification Scholarship Revolving Fund
There is hereby created in the State Treasury a revolving fund
for the Office of Educational Quality and Accountability to be
designated the "Teaching Certification Scholarship Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Office
of Educational Quality and Accountability from the Legislature and
any donations, grants and gifts from any public or private source.
All monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Office of Educational Quality
and Accountability for the purpose of implementing the Teaching
Certification Scholarship Program. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
Added by Laws 2016, c. 17, § 2, eff. Jan. 1, 2017.
§70-6-187D. Promulgation of rules
The Commission for Educational Quality and Accountability shall
promulgate rules necessary to implement the provisions of this act.
Added by Laws 2016, c. 17, § 3, eff. Jan. 1, 2017.
§70-6-188. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
§70-6-189. Certification system.
A. The certification system required by the Oklahoma Teacher
Preparation Act as part of the new teacher preparation system shall
be competency-based. The competencies for certification shall be
integrated with competencies specified in Section 6-185 of this
title. By July 1, 1996, the State Board of Education shall adopt
general competencies for certification, and by January 1, 1997, the
Board shall have adopted full competencies and implemented the
certification system as required in this act. No higher education
courses or credit hours may be specified by the State Board of
Education in rules for certification. Nothing in the certification
rules adopted by the Board shall prohibit the Oklahoma State Regents
for Higher Education from adopting policies and procedures it deems
*+,-11'121#+,, .;(
appropriate for coursework, grade point average, or credit hours for
teacher preparation at institutions in The Oklahoma State System of
Higher Education.
B. The certification requirements for a school principal not
alternatively certified under subsection D of this section shall
include not less than:
1. Completion of a standard master's degree;
2. Completion of a program in education administration approved
by the Oklahoma Commission for Teacher Preparation with an emphasis
on curriculum, instruction and building-level leadership skills;
3. Any other professional education and requirements as may be
fixed by the State Board of Education;
4. A passing score on the subject area competency examination
required in Section 6-187 of this title; and
5. A minimum of two (2) years of successful teaching experience
in public or private schools accredited by the State Board of
Education or by the proper accrediting authority of another state of
the United States.
C. The certification requirements for a superintendent of
schools not alternatively certified under subsection D of this
section shall include not less than:
1. Certification as a school principal or completion of the
certification requirements for a school principal as set forth in
subsection B of this section;
2. Completion of a program in education administration approved
by the Oklahoma Commission for Teacher Preparation with an emphasis
on district-level leadership skills, and which shall include the
following competencies:
a. instructional leadership,
b. organizational leadership, including education finance,
education law, and risk management,
c. collaborative and community leadership, and
d. ethical leadership, or
The requirement in this paragraph shall not apply to any person
who has completed an Oklahoma Commission for Teacher Preparation
approved Master's Degree in Education Administration or has completed
a program in education administration that included competencies that
are substantially equal to those listed in this paragraph, and if the
degree or program was completed between the effective date of this
act and July 1, 2005;
3. Any other professional education and requirements as may be
fixed by the State Board of Education;
4. A passing score on the subject area competency examination
required in Section 6-187 of this title; and
5. A minimum of two (2) years of administrative experience in
public or private schools accredited by the State Board of Education
*+,-11'121#+,, .;("
or by the proper accrediting authority of another state of the United
States.
D. 1. The standards for alternative certification for
superintendents of schools and principals shall include:
a. the completion of a standard master's degree,
b. two (2) years of relevant work experience in a
supervisory or administrative capacity,
c. a passing score on the subject area competency
examination required in Section 6-187 of this title,
and
d. filing with the director of teacher education at an
Oklahoma accredited institution of higher education a
plan for completing an alternative administrative
preparation program within three (3) years. Relevant
work experience and coursework may be considered and
applied to complete the plan.
2. An alternative certificate for superintendent of schools and
principals shall not exceed three (3) years and shall not be
renewable.
3. Upon successful completion of an alternative administrative
preparation program by a participant, the State Board of Education
shall issue a standard certificate for superintendent or principal,
as applicable, to the applicant.
4. Any person participating in an alternative certification
program for superintendent of schools and principals on the effective
date of this act shall be subject to the program requirements in
effect prior to the effective date of this act.
E. The certification requirements for a superintendent of a
technology center school district shall include not less than a
standard master's degree, any other professional education
requirements as may be fixed by the State Board of Education, and a
minimum of four (4) years teaching, supervisory or administrative
experience, which may include teaching of full-time adult students,
in a technology center school district. A person meeting the
requirements set forth in subsection C of this section shall be
eligible for a certificate for superintendent of a technology center
school district.
F. The State Board of Education and the State Board of Career
and Technology Education shall promulgate rules for a certification
system option specifically for teachers and instructors in the
technology center school districts. The teacher preparation system
shall be competency-based. The competencies for certification shall
be integrated with competencies of this title, as well as reflect
industry-based skills, standards and certifications.
G. Certificates issued by the State Board of Education may be
revoked by the State Board of Education for willful violation of any
rule of the Board or of any federal or state law or other proper
*+,-11'121#+,, .;("
cause but only after sufficient hearing has been given before the
Board.
H. Teaching in a Head Start program or programs shall be used
for renewal of a standard teaching certificate.
Added by Laws 1995, c. 322, § 10, eff. July 1, 1995. Amended by Laws
2003, c. 360, § 1; Laws 2004, c. 5, § 83, emerg. eff. March 1, 2004;
Laws 2005, c. 212, § 1; Laws 2007, c. 110, § 1, eff. July 1, 2007;
Laws 2010, c. 213, § 1, emerg. eff. May 6, 2010; Laws 2012, c. 360, §
1; Laws 2014, c. 124, § 14, eff. July 1, 2014; Laws 2018, c. 287, §
1, eff. July 1, 2018.
NOTE: Laws 2003, c. 228, § 1 repealed by Laws 2004, c. 5, § 84,
emerg. eff. March 1, 2004.
§70-6-189.1. Certification of mathematics teachers – Middle level
certification or endorsement – Required curriculum of professional
development institutes.
A. Beginning July 1, 2000, no school district shall employ any
teacher to teach mathematics in grades seven or eight, unless the
teacher is certified to teach middle or secondary level mathematics
or has received middle level endorsement pursuant to subsection B of
this section.
B. Any teacher who became certified to teach prior to September
1, 1999, does not have middle or secondary level certification in
mathematics, and is serving in a school as a mathematics teacher for
grades seven or eight shall be required to obtain middle level
certification or middle level endorsement before September 1, 2003.
For such teachers, middle level certification or middle level
endorsement may be obtained as follows:
1. Middle level mathematics certification – A teacher may obtain
middle level certification by successfully completing the appropriate
Oklahoma Subject Area Test for middle level mathematics administered
by the Oklahoma Commission for Teacher Preparation. The teacher
shall not be required to take the Oklahoma Professional Teacher
Examination for secondary students administered by the Oklahoma
Commission for Teacher Preparation. A teacher granted middle level
certification pursuant to this paragraph shall be entitled to teach
mathematics in grades seven and eight for high school graduation
credit; and
2. Middle level endorsement – A teacher may obtain a middle
level endorsement by successfully completing a professional
development institute in middle level mathematics developed and
administered by the Oklahoma Commission for Teacher Preparation. Any
professional development institute developed pursuant to this
paragraph shall meet the criteria as established in subsection H of
this section. A teacher granted middle level endorsement pursuant to
this paragraph shall not be entitled to teach mathematics for high
school graduation credit.
*+,-11'121#+,, .;("$
C. Any teacher serving in a school as a mathematics teacher for
grade six may obtain middle level endorsement by successfully
completing a professional development institute in middle level
mathematics developed pursuant to this section. Such teacher shall
be eligible to participate in a professional development institute in
middle level mathematics developed and administered by the Oklahoma
Commission for Teacher Preparation one time free of charge.
D. Any teacher seeking middle level certification or middle
level endorsement pursuant to subsection B of this section shall be
eligible to take the Oklahoma Subject Area Test in middle level
mathematics one time free of charge after July 1, 2000, or
participate in a professional development institute in middle level
mathematics developed and administered by the Oklahoma Commission for
Teacher Preparation one time free of charge after July 1, 2000.
E. A teacher who is granted middle level certification in
mathematics, pursuant to subsection B of this section, may teach
grade nine only if the teacher successfully completes the Oklahoma
Professional Teacher Examination for secondary students.
F. A teacher who is granted middle level endorsement pursuant to
subsection B or C of this section may teach mathematics courses in
grades seven or eight for high school credit only if the teacher has
completed a minimum of twenty-four college credit semester hours of
mathematics as specified by the State Department of Education.
G. Any teacher who became certified to teach prior to September
1, 1999, did not have middle or secondary level certification in
mathematics and successfully completed the appropriate Oklahoma
Subject Area Test for middle level mathematics between July 1, 1999,
and July 1, 2000, shall be granted a middle level certificate
pursuant to subsection B of this section.
H. 1. Any professional development institute in middle level
mathematics developed pursuant to this section and administered by
the Oklahoma Commission for Teacher Preparation shall:
a. consist of a minimum of thirty (30) clock hours,
b. be competency based,
c. emphasize effective learning practices,
d. require collaboration among participants, and
e. require each participant to prepare a work product
which can be utilized in the classroom by the
participant.
2. Any professional development institute in middle level
mathematics developed pursuant to this section and administered by
the Oklahoma Commission for Teacher Preparation shall be chosen
through a competitive bid process, be reviewed by a professional
development committee and other constituencies, and be subject to
peer review. Invitations to bid for a professional development
institute shall be open to any public or private entity.
*+,-11'121#+,, .;("(
I. Beginning July 1, 2013, any teacher with certification or
endorsement to teach at the secondary level may teach the subject
area in which the teacher has received certification or endorsement
in grades five and six.
Added by Laws 1999, c. 320, § 4, eff. July 1, 1999. Amended by Laws
2000, c. 232, § 4, eff. July 1, 2000; Laws 2002, c. 291, § 1, eff.
July 1, 2002; Laws 2005, c. 171, § 1, eff. July 1, 2005; Laws 2013,
c. 8, § 1, eff. July 1, 2013; Laws 2014, c. 124, § 15, eff. July 1,
2014.
§70-6-189.2. School psychologist or pyschometrist - Certification.
A. Any person seeking certification as a school psychologist or
school psychometrist shall be exempt from the requirement to
successfully complete the general education and professional
education portions of the competency examination required pursuant to
Sections 6-187 and 6-190 of this title.
B. Any person certified as a school psychologist or school
psychometrist pursuant to a substitution or exemption as provided in
this section shall be required to complete all portions of the
competency examination as required pursuant to Sections 6-187 and 6-
190 of this title if such person seeks to add certification in
another subject in the future.
C. The Oklahoma Commission for Teacher Preparation shall adopt
rules to implement the provisions of this section.
Added by Laws 2010, c. 184, § 1, eff. July 1, 2010. Amended by Laws
2014, c. 124, § 16, eff. July 1, 2014.
§70-6-190. Qualifications for teacher employment and certification.
A. The board of education of each school district shall employ
and contract in writing, as required in Section 6-101 of this title,
only with persons certified to teach by the State Board of Education
in accordance with the Oklahoma Teacher Preparation Act, except as
otherwise provided for by Section 6-101 of this title and by other
law.
B. The Board shall issue a certificate to teach to any person
who:
1. Has successfully completed the teacher education program
required by the Commission for Educational Quality and
Accountability;
2. Has graduated from an accredited institution of higher
education that has approval or accreditation for teacher education,
3. Has met all other requirements as may be established by the
Board;
4. Has made the necessary application and paid the competency
examination fee in an amount and as prescribed by the Commission,
5. Has successfully completed the competency examination
required in Section 6-187 of this title; and
*+,-11'121#+,, .;("
6. Beginning November 1, 2001, has on file with the Board a
current Oklahoma criminal history record from the Oklahoma State
Bureau of Investigation as well as a national criminal history record
check as defined in Section 150.9 of Title 74 of the Oklahoma
Statutes. Upon receipt of the Oklahoma criminal history record, the
Board may issue a temporary certificate which shall be effective
until receipt of the national fingerprint-based criminal history
record. The person applying for a certificate shall be responsible
for the cost of the criminal history records.
C. The Board shall issue a certificate to teach to any person
who:
1. Holds an out-of-state certificate and meets the requirements
set forth in subsection F of this section;
2. Holds certification from the National Board for Professional
Teaching Standards;
3. Holds an out-of-country certificate and meets the
requirements set forth in subsection F of this section; or
4. Has successfully completed a competency examination used in
the majority of other states or comparable customized exam and meets
the requirements set forth in subsection G of this section.
D. Beginning July 1, 2004, any person applying for initial
Oklahoma certification shall have on file with the Board a current
Oklahoma criminal history record from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record, the Board may issue
a temporary certificate which shall be effective until receipt of the
national fingerprint-based criminal history record. The person
applying for a certificate shall be responsible for the cost of the
criminal history records.
E. Any person holding a valid certificate, issued prior to
January 1, 1997, shall be a certified teacher for purposes of the
Oklahoma Teacher Preparation Act, subject to any professional
development requirements prescribed by the Oklahoma Teacher
Preparation Act or by the State Board of Education.
F. 1. The Board shall issue a certificate to teach to a person
who holds a valid out-of-state certificate or to a person who holds a
valid out-of-country certificate and meets any requirements
established by the Board. The certificate to teach shall only be for
those subject areas and grade levels most closely aligned to the
subject areas and grade levels recognized on the out-of-state or out-
of-country certificate.
2. A person who meets the requirements of paragraph 1 of this
subsection shall not be required to take any competency examinations
in those subject areas and grade levels most closely aligned to the
subject areas and grade levels recognized on the out-of-state or out-
of-country certificate.
*+,-11'121#+,, .;(")
3. A person who meets the requirements of paragraph 1 of this
subsection shall have on file with the Board a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be effective until receipt
of the national fingerprint-based criminal history record check. The
person applying for a certificate shall be responsible for the cost
of the criminal history record checks.
4. The Board shall promulgate rules establishing a process by
which out-of-country certificates will be reviewed and evaluated for
purposes of awarding a certificate to teach pursuant to this
subsection.
G. 1. The Board shall issue a certificate to teach to a person
who has successfully completed a competency exam used in a majority
of the other states. The certificate to teach shall only be for
those subject areas and grade levels that correspond with a
certification area used in Oklahoma.
2. A person who meets the requirements of paragraph 1 of this
subsection shall have on file with the Board a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be effective until receipt
of the national fingerprint-based criminal history record check. The
person applying for a certificate shall be responsible for the cost
of the criminal history record checks.
H. The Board shall issue a lead teaching certificate to any
person who upon application:
1. Has successfully completed the requirements of this
subsection;
2. Has a minimum of five (5) years of experience as a teacher;
3. Participates in a meaningful individualized program of
professional development, as provided for in Section 6-101.10 of this
title;
4. Has earned a "highly effective" or "superior" rating pursuant
to Section 6-101.16 of this title; and
5. May have a teaching load of not more than seventy-five
percent (75%) student instruction to allow the teacher to mentor
other teachers.
I. 1. The Board shall issue a master teaching certificate to
any person who upon application:
a. has successfully completed the requirements of this
subsection,
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b. has a minimum of seven (7) years of experience as a
teacher, and
c. (1) has earned a "superior" rating pursuant to Section
6-101.16 of this title, or
(2) has earned a "highly effective" rating pursuant to
Section 6-101.16 of this title and holds or has
held a National Board certification from the
National Board for Professional Teaching
Standards.
2. Teachers with a master teaching certificate may assume
leadership roles that include but are not limited to:
a. the planning and delivery of professional development
activities designed to improve instructional
strategies,
b. the facilitation of an instructional leadership team
within the building or school district in which the
lead teacher is assigned, and
c. the mentoring of other teachers and participation in
evaluations of other teachers.
3. Teachers with a master teaching certificate may have a
teaching load of not more than fifty percent (50%) student
instruction to allow the lead teacher to spend time on:
a. co-teaching,
b. co-planning,
c. peer reviews, and
d. other duties mutually agreed upon by the superintendent
and the master teacher, and may be used to satisfy the
qualitative evaluation component for teachers as
required by Section 6-101.16 of this title by
performing the duties set forth in this paragraph.
J. The State Board of Education shall adopt rules to implement a
renewal schedule and associated fees for lead and master teaching
certificates. The rules shall allow a teacher that no longer meets
the requirements of a lead or master teaching certificate to make
application for the standard teaching certificate.
K. The terms of the contracts issued to those holding lead and
master teaching certificates shall include the following:
1. Lead: an additional ten (10) days to be used to strengthen
instructional leadership. A person with a lead teaching certificate
shall receive an annual salary supplement of at least Three Thousand
Dollars ($3,000.00) or the district's daily rate of pay, whichever is
higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 of this title; and
2. Master: an additional fifteen (15) days to be used to
strengthen leadership. A person with a master teaching certificate
shall receive an annual salary supplement of at least Five Thousand
Dollars ($5,000.00) or the district's daily rate of pay, whichever is
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higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 of this title.
If a person with a lead or master teaching certificate changes
school districts during the life of the certificate, the terms of the
contracts required in this subsection shall be subject to approval by
the new employing school district.
L. 1. Any person who is eligible for a lead or master teaching
certificate described in this section shall make application for the
following school year with the State Board of Education. The
application shall include a recommendation from the local board of
education and determination that the applicant has met the statutory
criteria. In reviewing an application, the local school board of
education and the superintendent shall consider the ability of the
school district to fulfill the additional requirements described in
subsections H and I of this section before making a recommendation to
the State Board of Education.
2. The State Department of Education shall develop an
application to implement the provisions of this subsection and make
it available to school districts.
M. Beginning in the 2021-2022 school year, the Department shall
make the teaching certificates provided for in this section available
for any person who has received a recommendation from their local
board of education and who meets the eligibility criteria.
N. For the 2019-2020 and 2020-2021 school years, the Department
shall identify school districts to implement the teaching
certificates provided for in this section on a pilot program basis
with the assistance of public-private partnerships, funding from
philanthropic organizations or federal grants.
O. The Department shall seek funding necessary for the
administration of this section. If funding for the administration of
the teaching certificates listed in paragraphs H and I is not
available, the Department shall not be required to fulfill the
requirements listed in subsections K, L, M and N of the section.
P. The State Board of Education shall promulgate rules to
implement the provisions of this act.
Added by Laws 1995, c. 322, § 11, eff. July 1, 1995. Amended by Laws
1997, c. 344, § 5, emerg. eff. June 9, 1997; Laws 2001, c. 34, § 2,
eff. Nov. 1, 2001; Laws 2001, c. 425, § 3, emerg. eff. June 5, 2001;
Laws 2002, c. 236, § 3, eff. July 1, 2002; Laws 2003, c. 204, § 10,
eff. Nov. 1, 2003; Laws 2004, c. 438, § 1, eff. July 1, 2004; Laws
2005, c. 185, § 4, emerg. eff. May 17, 2005; Laws 2014, c. 124, § 17,
eff. July 1, 2014; Laws 2015, c. 137, § 1, emerg. eff. July 1, 2015;
Laws 2016, c. 322, § 1, eff. July 1, 2016; Laws 2018, c. 229, § 1,
eff. Nov. 1, 2018.
§70-6-190.1. Extension of provisional speech-language certificates.
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Individuals who held a provisional certificate during the 1998-
1999 school year in Speech-Language Pathology shall be granted an
extension of the provisional certificate by the State Board of
Education. On and after July 1, 2005, provisional certificates may
be renewed on an annual basis, provided the individual documents
admission to and progress toward completion of the relevant master’s
degree program.
Added by Laws 1999, c. 311, § 3, emerg. eff. June 4, 1999. Amended
by Laws 2003, c. 434, § 10.
§70-6-191. Revolving fund.
Until July 1, 1998, there is created in the State Treasury a
revolving fund for the State Board of Education, to be designated the
"Teachers' Curriculum Examination Revolving Fund". The fund shall
consist of curriculum examination fees paid to the Board pursuant to
statutory authority. The revolving fund shall be a continuing fund
not subject to fiscal year limitations and shall be under the control
and management of the administrative authority of the State Board of
Education. Expenditures from said fund shall be made to maintain the
curriculum examination process as set out in this act. Warrants for
expenditure shall be drawn by the State Treasurer on claims signed by
an authorized employee or employees of the State Board of Education
and approved by the Director of the Office of Management and
Enterprise Services.
On July 1, 1997, the State Board of Education shall transfer any
unencumbered funds in the Teachers' Curriculum Examination Revolving
Fund to the Teachers' Competency Examination Revolving Fund. Any
funds which are unexpended on January 1, 1998, shall be transferred
to the Teachers' Competency Examination Revolving Fund. On July 1,
1997, there shall be created in the State Treasury a revolving fund
for the Oklahoma Commission for Teacher Preparation, to be designated
the "Teachers' Competency Examination Revolving Fund". The fund
shall consist of all monies received by the Commission from
competency examination fees paid pursuant to statutory authority.
The revolving fund shall be a continuing fund not subject to fiscal
year limitations and shall be under the control and management of the
administrative authority of the Oklahoma Commission for Teacher
Preparation. Expenditures from said fund shall be made to maintain
the competency examination process set out in the Oklahoma Teacher
Preparation Act. Warrants for expenditure shall be drawn by the
State Treasurer on claims signed by an authorized employee or
employees of the Oklahoma Commission for Teacher Preparation and
approved by the Director of the Office of Management and Enterprise
Services.
Added by Laws 1980, c. 284, § 13, emerg. eff. June 10, 1980. Amended
by Laws 1995, c. 322, § 12, eff. July 1, 1995. Renumbered from § 6-
160 of this title by Laws 1995, c. 322, § 34, eff. July 1, 1995.
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Amended by Laws 1997, c. 344, § 6, emerg. eff. June 9, 1997; Laws
2012, c. 304, § 598.
§70-6-192. Professional development - Legislative intent.
A. It is hereby declared to be the intent of the Legislature to
establish a professional development procedure whereby all teachers
in the state continue their education beyond initial certification by
the state to ensure that the children of the state are taught by
professional educators, fully prepared in their areas of expertise.
Furthermore, such professional development procedure shall provide
alternative means of education, including one or more of the
following: In-service programs, higher education courses, or other
alternative means of education designed to help teachers enrich their
professional abilities.
B. The professional development procedure shall include digital
teaching and learning standards to enhance content delivery to
students and improve student achievement.
Added by Laws 1995, c. 322, § 13, eff. July 1, 1995. Amended by Laws
2014, c. 124, § 18, eff. July 1, 2014; Laws 2017, c. 5, § 2, eff.
July 1, 2017.
§70-6-193. Funding for professional development programs.
Each school district shall receive an appropriate amount of funds
for the exclusive purpose of professional development. These funds
shall be expended for professional development programs within
guidelines adopted by the State Board of Education. All funds
provided to local school districts shall be provided by and subject
to the approval of plans submitted to the State Board of Education by
each local school district no later than May 10 of each year. Such
funds shall be deposited in a special account within the general fund
of the local school district. A list of all expenditures made from
such account shall be provided to the professional development
committee upon request of the committee chairperson.
Added by Laws 1995, c. 322, § 14, eff. July 1, 1995.
§70-6-194. District professional development programs.
A. The district boards of education of this state shall
establish professional development programs for the certified
teachers and administrators of the district. Programs shall be
adopted by each board based upon recommendations of a professional
development committee appointed by the board of education for the
district. For the fiscal years ending June 30, 2011, and June 30,
2012, a school district board of education may elect not to adopt and
offer a professional development program for certified teachers and
administrators of the district. If a school district elects not to
adopt and offer a professional development program, the district may
expend any monies allocated for professional development for any
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purpose related to the support and maintenance of the school district
as determined by the board of education of the school district.
B. Each professional development committee shall include
classroom teachers, administrators, school counselors or licensed
mental health providers, and parents, guardians or custodians of
children in the school district and shall consult with a higher
education faculty. A majority of the members of the professional
development committee shall be composed of classroom teachers. The
teacher members shall be selected by a designated administrator of
the school district from a list of names submitted by the teachers in
the school district. The members selected shall be subject to the
approval of a majority vote of the teachers in the district.
C. In developing program recommendations, each professional
development committee shall annually utilize a data-driven approach
to analyze student data and determine district and school
professional development needs. The professional development
programs adopted shall be directed toward development of competencies
and instructional strategies in the core curriculum areas for the
following goals:
1. Increasing the academic performance data scores for the
district and each school site;
2. Closing achievement gaps among student subgroups;
3. Increasing student achievement as demonstrated on state-
mandated tests and the ACT;
4. Increasing high school graduation rates; and
5. Decreasing college remediation rates.
Each program may also include components on classroom management
and student discipline strategies, outreach to parents, guardians or
custodians of students, special education, and racial and ethnic
education, which all personnel defined as teachers in Section 1-116
of this title shall be required to complete on a periodic basis. The
State Board of Education shall provide guidelines to assist school
districts in developing and implementing racial and ethnic education
components into professional development programs.
D. At a minimum of once an academic year a program shall be
offered which includes the following:
1. Training on recognition of child abuse and neglect;
2. Recognition of child sexual abuse;
3. Proper reporting of suspected abuse; and
4. Available resources.
E. One time per year, beginning in the 2009-2010 school year,
training in the area of autism shall be offered and all resident
teachers of students in early childhood programs through grade three
shall be required to complete the autism training during the resident
year and at least one time every three (3) years thereafter. All
other teachers and education support professionals of students in
early childhood programs through grade three shall be required to
*+,-11'121#+,, .;(
complete the autism training at least one time every three (3) years.
The autism training shall include a minimum awareness of the
characteristics of autistic children, resources available and an
introduction to positive behavior supports to challenging behavior.
Each adopted program shall allow school counselors to receive at
least one-third (1/3) of the hours or credit required each year
through programs or courses specifically designed for school
counselors.
Districts are authorized to utilize any means for professional
development that is not prohibited by law including, but not limited
to, professional development provided by the district, any state
agency, institution of higher education, or any private entity.
F. One time per year, beginning in the 2020-2021 school year, a
dyslexia awareness program shall be offered. At a minimum, the
program shall include:
1. Training in awareness of dyslexia characteristics in
students;
2. Training in effective classroom instruction to meet the needs
of students with dyslexia; and
3. Available dyslexia resources for teachers, students and
parents.
G. Except as otherwise provided for in this subsection, each
certified teacher in this state shall be required by the district
board of education to meet the professional development requirements
established by the board, or established through the negotiation
process. Except as otherwise provided for in this subsection, the
professional development requirements established by each board of
education shall require every teacher to annually complete a minimum
number of the total number of points required to maintain employment.
Failure of any teacher to meet district board of education
professional development requirements may be grounds for nonrenewal
of such teacher's contract by the board. Such failure may also be
grounds for nonconsideration of salary increments affecting the
teacher. For the fiscal years ending June 30, 2011, and June 30,
2012, a certified teacher shall not be required to complete any
points of the total number of professional development points
required. Provided, a teacher may elect to complete some or all of
the minimum number of points required for the two (2) fiscal years
and any points completed shall be counted toward the total number of
points required to maintain employment. If a teacher does not
complete some or all of the minimum number of points required for one
(1) or both fiscal years, the total number of points required to
maintain employment shall be adjusted and reduced by the number of
points not completed.
H. Each district shall annually submit a report to the State
Department of Education on the district level professional
development needs, activities completed, expenditures, and results
*+,-11'121#+,, .;($
achieved for each school year by each goal as provided in subsection
C of this section. If a school district elects not to adopt and
offer a professional development program as provided for in
subsection A of this section, the district shall not be required to
submit an annual report as required pursuant to this subsection but
shall report to the State Department of Education its election not to
offer a program and all professional development activities completed
by teachers and administrators of the school district.
I. Subject to the availability of funds, the Department shall
develop an online system for reporting as required in subsection H of
this section. The Department shall also make such information
available on its website.
Added by Laws 1995, c. 322, § 15, eff. July 1, 1995. Amended by Laws
1996, c. 350, § 1, eff. July 1, 1996; Laws 1997, c. 349, § 5, eff.
July 1, 1997; Laws 1998, c. 5, § 23, emerg. eff. March 4, 1998; Laws
2000, c. 289, § 2, eff. July 1, 2000; Laws 2003, c. 295, § 2, eff.
July 1, 2003; Laws 2005, c. 127, § 1, eff. July 1, 2005; Laws 2006,
c. 227, § 3, eff. July 1, 2006; Laws 2007, c. 1, § 69, emerg. eff.
Feb. 22, 2007; Laws 2007, c. 52, § 1, eff. Nov. 1, 2007; Laws 2008,
c. 399, § 2, eff. Nov. 1, 2008; Laws 2010, c. 457, § 3; Laws 2011, c.
1, § 41, emerg. eff. March 18, 2011; Laws 2013, c. 83, § 10, eff.
July 1, 2013; Laws 2014, c. 124, § 19, eff. July 1, 2014; Laws 2015,
c. 246, § 1, eff. Nov. 1, 2015; Laws 2019, c. 16, § 1, eff. Nov. 1,
2019.
NOTE: Laws 1997, c. 342, § 1 repealed by Laws 1998, c. 5, § 29,
emerg. eff. March 4, 1998. Laws 2006, c. 192, § 1 repealed by Laws
2007, c. 1, § 70, emerg. eff. Feb. 22, 2007. Laws 2006, c. 278, § 3
repealed by Laws 2007, c. 1, § 71, emerg. eff. Feb. 22, 2007. Laws
2010, c. 455, § 1 repealed by Laws 2011, c. 1, § 42, emerg. eff.
March 18, 2011.
NOTE: Laws 1996, c. 350, § 1 superseded Section 7 of Enrolled Senate
Bill No. 1100 of the 2nd Session of the 45th Oklahoma Legislature,
which was vetoed by the Governor.
§70-6-194.2. Scholarships for attending Great Expectations Summer
Institutes for Teachers.
A. Beginning with the 1997-98 school year, the State Board of
Education shall award scholarships to public school districts who
wish to have teachers and administrators from certain school sites
attend the Great Expectations Summer Institutes for Teachers offered
by an institution within The Oklahoma State System of Higher
Education. Any school district applying for a scholarship for
teachers and administrators from a school site which is currently, or
has been, identified as a school in need of improvement pursuant to
the provisions of Section 1210.541 of this title for any of the
previous three (3) school years, shall be given priority for receipt
of such scholarship. Scholarships shall be awarded based on the
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amount of funds allocated to the State Department of Education for
such purpose.
B. The State Board of Education shall develop criteria for
scholarship awards and shall promulgate rules as necessary to
implement the process by which the scholarships shall be awarded.
Added by Laws 1997, c. 335, § 2, eff. July 1, 1997. Amended by Laws
2000, c. 156, § 1, emerg. eff. April 28, 2000; Laws 2013, c. 83, §
11, eff. July 1, 2013.
§70-6-194.3. Information, training and resources for school
employees to address mental health needs of students.
A. The State Department of Education and the Department of
Mental Health and Substance Abuse Services, in consultation with
school district superintendents and school district boards of
education, shall develop and make available to school districts
information, training and resources to help school employees
recognize and address the mental health needs of students.
B. The information made available to school districts shall
include but not be limited to:
1. Information about the services provided by community-based
organizations related to mental health, substance abuse and trauma;
2. Information about the impact trauma and adverse childhood
experiences can have on a student's ability to learn;
3. The availability of mental health evaluation and treatment
available by telemedicine; and
4. Information about evidence-based strategies for prevention of
at-risk behaviors.
Added by Laws 2019, c. 286, § 1, eff. July 1, 2019.
§70-6-194a. Northeastern Oklahoma State University Great
Expectations Summer Institutes for Teachers.
A. Beginning with the 1996-97 school year, the State Board of
Education shall award scholarships, on a first-come first-serve
basis, to public school districts who wish to have teachers and
administrators from certain school sites attend Northeastern Oklahoma
State University Great Expectations Summer Institutes for Teachers.
Provided, any school district applying for a scholarship for teachers
and administrators from a school site which is currently, or has been
declared, a high challenge school pursuant to the provisions of
subsection B of Section 1210.541 of Title 70 of the Oklahoma Statutes
for any of the previous three (3) school years, shall be given
priority for receipt of such scholarship. Scholarships shall be
awarded based on the amount of funds allocated for such purpose.
B. The State Board of Education shall promulgate rules as
necessary to implement the process by which the scholarships shall be
awarded.
Added by Laws 1996, c. 350, § 2, eff. July 1, 1996.
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NOTE: Laws 1996, c. 350, § 2 superseded Section 9 of Enrolled Senate
Bill No. 1100 of the 2nd Session of the 45th Oklahoma Legislature
which was vetoed by the Governor.
§70-6-195. Induction program.
A. As funds are available, the State Department of Education in
consultation with the Office of Educational Quality and
Accountability shall administer an induction program for teachers
which shall be approved by the State Board of Education. Beginning
with the 2015-2016 school year, each school district shall
participate in the induction program. The program shall include, but
not be limited to:
1. Guidance to school districts for successful induction
programs;
2. Training for school districts to include the selection,
function and duties of mentors; and
3. Resources for appropriate professional development, support,
mentorship and coaching for the inductee and mentors.
B. The State Board of Education may promulgate rules for
administration of the induction program.
Added by Laws 1995, c. 322, § 16, eff. July 1, 1995. Amended by Laws
2001, c. 403, § 1, eff. July 1, 2001; Laws 2003, c. 434, § 11; Laws
2009, c. 25, § 2, eff. July 1, 2009; Laws 2014, c. 124, § 20, eff.
July 1, 2014; Laws 2018, c. 165, § 4, eff. Nov. 1, 2018.
§70-6-195.1. Continuing education for mathematics teachers –
Implementation contingency – Verification of expenditure levels.
A. It is hereby declared to be the intent of the Legislature to
establish a continuing education program whereby teachers employed to
teach mathematics may obtain certification in mathematics and
teachers certified to teach mathematics in the state may take higher
education courses in order to obtain the competencies needed to
enable the teacher to successfully complete the subject area
examinations and become certified to teach any of the core curriculum
mathematics courses recommended by the American College Test. The
program shall pay up to One Hundred Dollars ($100.00) per credit hour
up to a maximum of twenty-four (24) credit hours for a teacher to
take higher education courses in mathematics. Teachers required to
gain certification as provided in Section 6-189.1 of this title shall
be given priority in the funding for the continuing education
program. The purpose of the program is to improve the knowledge and
skills of teachers and to ensure that the children of the state are
taught by professional educators, fully prepared in the area of
mathematics.
B. Implementation of this section shall be contingent upon the
appropriation of state funds by the Legislature for the specific
purpose of implementing this section. Nothing in this section shall
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prevent the State Board of Education or a school district board of
education from utilizing private, local, or federal funds to
implement this section.
C. Implementation of this section shall be delayed until the
current expenditure per pupil in average daily attendance in public
elementary and secondary schools in unadjusted dollars for the 1998-
99 school year or any school year thereafter for Oklahoma, as
reported by the National Center for Education Statistics annually in
the Digest of Education Statistics, reaches at least ninety percent
(90%) of the regional average expenditure for that same year, and
funds are provided. For purposes of this section, the regional
average expenditure shall consist of the current expenditure per
pupil in average daily attendance in public elementary and secondary
schools in unadjusted dollars for each of the following states:
Arkansas, Colorado, Kansas, Missouri, New Mexico, Oklahoma, and
Texas, averaged together. By January 1 of each year, the State Board
of Education shall report whether or not the ninety-percent
expenditure level has been reached based on information reported
annually in the Digest of Education Statistics by the National Center
for Education Statistics. This section shall be implemented on July
1 after the first January 1 report verifies that the ninety-percent
expenditure level has been reached and funds have been provided for
the specific purposes of this section.
Added by Laws 1999, c. 320, § 45, eff. July 1, 1999. Amended by Laws
2001, c. 201, § 2; Laws 2003, c. 434, § 21.
§70-6-195.2. Mathematics professional development programs.
A. Subject to the availability of funds, the Oklahoma Commission
for Teacher Preparation shall develop and administer mathematics
professional development programs which will be provided for any
teacher who became certified to teach in elementary education or
early childhood education prior to July 1, 2001, and is serving as a
teacher in a public school in this state in kindergarten through
third grade. The purpose of the professional development program
shall be to improve the knowledge and skills of the teachers and to
ensure that the elementary grade students of the state are taught by
professional educators fully prepared in the area of mathematics.
B. Any professional development program offered to teachers
pursuant to the provisions of this section shall:
1. Be scientifically research-based professional development;
and
2. Meet state law requirements for professional development
administered by the Commission.
C. The professional development program offered to teachers
pursuant to the provisions of this section shall address both content
skill and methodology, and may contain a technology component.
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Added by Laws 2011, c. 274, § 1. Amended by Laws 2014, c. 124, § 21,
eff. July 1, 2014.
§70-6-196. Review of contracts with professional development
centers.
A. The State Board of Education shall review all contracts with
the professional development centers used for professional
development purposes prior to entering into any contracts with such
centers. The State Board of Education shall examine:
1. The purpose of the contract;
2. The expenditure of funds provided for in the previous year by
the state to each center provided for in this section;
3. The budgeted salaries of employees and administrators of such
centers; and
4. Any other item the State Board of Education determines is
necessary.
B. The State Board of Education shall submit an annual report to
the Governor and Legislature by January 1 of each year, which gives
the information specified in subsection A of this section for each
individual center and which includes the following:
1. The purpose of the center;
2. The hours and days of operation of the center throughout the
year;
3. The number of school districts actually served and the number
of actual teachers by school district served;
4. The number and kinds of sponsored professional development
activities and dates and any related performance evaluations;
5. All sources of funding and actual full-time-employees (FTE);
and
6. Evidence of evaluation of services by users.
Added by Laws 1995, c. 322, § 17, eff. July 1, 1995.
§70-6-197. Persons subject to certification procedures.
A. All students graduating from an accredited institution of
higher education approved or accredited by the Oklahoma Commission
for Teacher Preparation for the preparation of educational personnel
on or after September 1, 1999, and seeking to enter the public
education system as a teacher shall be subject to the assessment and
certification procedures established in the Oklahoma Teacher
Preparation Act. Except as provided for in subsection B of this
section, all students graduating from an accredited institution of
higher education prior to September 1, 1999, and seeking to enter the
public education system as a teacher shall be subject to the
assessment and certification requirements in effect before July 1,
1997.
B. Any person who graduates from an accredited institution of
higher education prior to September 1, 1999, and seeks certification
*+,-11'121#+,, .;(
or endorsement subsequent to September 1, 1999, to teach a subject
area which the teacher was not certified to teach prior to September
1, 1999, following completion of the required higher education shall
be required to successfully complete the competency examination for
such subject area prior to receiving such certification or
endorsement.
Added by Laws 1995, c. 322, § 18, eff. July 1, 1995. Amended by Laws
2014, c. 124, § 22, eff. July 1, 2014.
§70-6-198. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
§70-6-199. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
§70-6-200. Professional development institutes.
A. Subject to the availability of funds, the State Board of
Education shall have authority to develop and administer training for
residency committees and training for professional development
through professional development institutes. Included in the
professional development institutes training shall be technology
training. Professional development institutes shall be defined as
continuing education experiences which consist of a minimum of thirty
(30) clock hours. The institutes shall be competency-based,
emphasize effective learning practices, require collaboration among
participants, and require each participant to prepare a work product
which can be utilized in the classroom by the participant. Any state
professional development institutes administered by the Board shall
be chosen through a competitive bid process and if funds are
available subject to peer review. The Board, prior to offering any
professional development institute, shall promulgate rules related to
administering state professional development institutes.
B. The State Board of Education shall develop, offer and
administer professional development institutes to train elementary
school teachers in reading education and if funds are available,
which may include but not be limited to grant, foundation, or other
funds, to train middle school teachers in reading education. Funds
appropriated for this purpose shall be used for the cost of
developing, administering and contracting for the professional
development institutes. When possible, certified reading specialists
shall be included as consultants. All costs of the institutes shall
be included in the contract price and no tuition or registration fee
shall be collected from teachers attending the institutes. The
institutes shall be offered by or through the Commission. Working in
conjunction with the State Department of Education, the Commission
shall develop a state plan for administration of such institutes and
shall report on or before November 1 of each year to the Governor and
the Legislature on the format of and participation in the institutes.
The State Department of Education shall cooperate with and provide
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any information requested, including data available through the state
student record system, to the State Board of Education as is
necessary to carry out the provisions of this section.
C. Subject to the availability of funds, the State Board of
Education shall:
1. Contract for an independent evaluation of the reading
professional development institutes. The evaluation shall determine
adherence to program requirements as provided in this section and the
program's effectiveness in increasing teacher knowledge and student
achievement; and
2. Provide continued support of the reading professional
development institutes through ongoing teacher development at
individual school sites. Funds may be used for the cost of mentor
training, payment for substitute teachers, on-site facilitation, and
any other costs necessary to ensure improved reading by students.
D. 1. For the purpose of implementing comprehensive reading
reform and systemic change, the State Board of Education shall award
one-year grants renewable for up to two (2) additional years to
public schools that serve students in kindergarten through third
grade. The grants will provide for:
a. a five-day initial professional development institute
in elementary school reading for teachers of
kindergarten through third grade, instructional
leaders, and principals,
b. a three-day follow-up professional development
institute in elementary school reading for teachers of
kindergarten through third grade and instructional
leaders, and
c. continued support through ongoing teacher development
at school sites, including four (4) days of
professional development for principals and literacy
resource specialists, and six (6) days of on-site
visits by a program consultant.
2. In order to qualify for a grant pursuant to this subsection,
the following requirements shall be met:
a. at least eighty percent (80%) of the teachers of
kindergarten through third grade at the school shall
have demonstrated support for the training program
provided pursuant to this subsection,
b. the principal shall ensure that all members of the
leadership team and all teachers of kindergarten
through third grade will participate in all phases of
the training program,
c. the school district shall ensure that any new teacher
of kindergarten through third grade or principal at the
school will participate in all phases of the training
program, and
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d. the school district shall employ a literacy resource
specialist for at least two (2) years after completion
of the training provided in this subsection. One or
more districts may share a literacy resource specialist
upon approval of the Board.
3. Any school which has been determined by the State Board of
Education to be a school in need of improvement shall be given
priority for receipt of a grant. Grants to local school districts
may be awarded based on the amount of funds allocated to the State
Board of Education for the purposes of this section. Funds may be
used for payment for substitute teachers, program consultants, on-
site facilitation, and literacy resource specialists.
4. For program evaluation purposes, each school awarded a grant
pursuant to this subsection shall provide to the Commission student-
level data and results of the reading assessments administered
pursuant to the Oklahoma School Testing Program Act for the year
prior to the grant award, for each year a grant is received by the
school, and for three (3) years after completion of the program. If
funds are not sufficient to award grants to all eligible applicants,
schools may be placed on a waiting list for priority consideration
for the following year's round of grant awards which shall be
superior to the priority given to schools as provided in paragraph 3
of this subsection, if the school provides student data for the
current year to the Board as provided in this paragraph.
5. The professional development institutes in elementary reading
provided pursuant to this section shall incorporate the requirements
of the Reading Sufficiency Act.
E. As additional funds become available for such purpose, the
Board shall develop and offer professional development institutes in:
1. Mathematics for teachers in grades kindergarten through nine;
2. The use of technology in the classroom;
3. Training of residency committee members in teacher mentoring;
and
4. Hands-on inquiry-based science for elementary teachers.
Added by Laws 1995, c. 322, § 21, eff. July 1, 1995. Amended by Laws
1997, c. 356, § 1, eff. July 1, 1997; Laws 1998, c. 5, § 24, emerg.
eff. March 4, 1998; Laws 1998, c. 332, § 3, eff. July 1, 1998; Laws
2000, c. 289, § 3, eff. July 1, 2000; Laws 2007, c. 249, § 1, eff.
July 1, 2007; Laws 2008, c. 152, § 2, eff. Nov. 1, 2008; Laws 2009,
c. 94, § 1, eff. July 1, 2009; Laws 2012, c. 223, § 12, eff. Jan. 1,
2013; Laws 2013, c. 83, § 12, eff. July 1, 2013.
NOTE: Laws 1997, c. 344, § 8 and Laws 1997, c. 349, § 4 repealed by
Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.
§70-6-201. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
§70-6-202. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
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§70-6-202.1. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
§70-6-203. Repealed by Laws 2018, c. 165, § 6, eff. Nov. 1, 2018.
§70-6-204. Short title.
This act shall be known and may be cited as the "Education
Leadership Oklahoma Act".
Added by Laws 1997, c. 181, § 1, eff. July 1, 1997.
§70-6-204.1. Definitions.
For purposes of the Education Leadership Oklahoma Act:
1. "Salary bonus" means additional monies granted to eligible
teachers as provided for in subsection I of Section 6-204.2 of this
title maintaining National Board certification;
2. "Salary increment" means the National Board certification
salary category as set forth in Section 3 of this act which is
granted to eligible teachers as provided for in subsection I of
Section 6-204.2 of this title maintaining National Board
certification;
3. "Certification" means National Board certification;
4. "Commission" means the Oklahoma Commission for Teacher
Preparation;
5. "National Board" means the National Board for Professional
Teaching Standards;
6. "National Board certification" means National Board
certification as provided by the National Board for Professional
Teaching Standards; and
7. "Teacher" means a classroom teacher, counselor, or librarian
employed by a public school district on a full-time basis.
Added by Laws 1997, c. 181, § 2, eff. July 1, 1997. Amended by Laws
2003, c. 434, § 22; Laws 2013, c. 394, § 1.
§70-6-204.2. Education Leadership Oklahoma program.
A. The Oklahoma Commission for Teacher Preparation and the State
Board of Education are authorized to establish the Education
Leadership Oklahoma program.
B. The purposes of the Education Leadership Oklahoma program are
to:
1. Provide teachers throughout the state information about
National Board certification and the Education Leadership Oklahoma
program services;
2. Provide technical assistance and National-Board-certified
mentors to all teachers seeking National Board certification upon
request;
3. Reward teachers who are seeking National Board certification
by awarding them a portion of the application processing charge and
*+,-11'121#+,, .;
assessment fee and scholarship as provided in subsection D of this
section; and
4. Provide recognition to National-Board-certified teachers.
C. To fulfill the objectives of the Education Leadership
Oklahoma Act, the Oklahoma Commission for Teacher Preparation shall:
1. Inform teachers of the Education Leadership Oklahoma program
and services it provides to teachers seeking National Board
certification, emphasizing recruiting efforts toward teachers at
high-poverty schools, schools identified as in need of improvement
and in counties with the lowest percentage of teachers who have
achieved National Board certification; and
2. Ensure that all teachers seeking National Board certification
receive adequate information regarding the level of commitment
required to acquire National Board certification.
D. The Commission shall select not more than one hundred
applicants to participate in the program each fiscal year for whom
the Commission shall pay one-half (1/2) of the application processing
charge and assessment fee for National Board certification. The
total amount paid by the Commission shall not exceed One Thousand
Three Hundred Dollars ($1,300.00). In addition the Commission shall
also provide to the selected applicants a scholarship in the amount
of Five Hundred Dollars ($500.00) to cover other expenses associated
with obtaining National Board certification.
E. The Commission shall promulgate rules establishing a process
for accepting applications for the Education Leadership Oklahoma
program and for providing to applicants selected for the program up-
front payment of the application processing charge and assessment fee
and scholarship. If a selected applicant who receives the up-front
payment does not complete National Board certification within three
(3) years, the applicant shall repay the Commission the full amount
paid by the Commission pursuant to subsection D of this section. All
selected applicants who do not receive an up-front payment and
successfully complete National Board certification shall be
reimbursed by the Commission for the application processing charge
and assessment fee. The total amount of reimbursement paid by the
Commission shall not exceed One Thousand Three Hundred Dollars
($1,300.00).
F. It is the intent of the Legislature that the Oklahoma
Commission for Teacher Preparation contract with Southeastern
Oklahoma State University to establish Education Leadership Oklahoma
program training in higher education teacher preparation programs in
the state to assist teachers in meeting the requirements to obtain
National Board certification.
G. All teachers seeking National Board certification shall be
eligible to participate in Education Leadership Oklahoma program
training to assist them in meeting the requirements of the National
Board certification process, free of charge.
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H. Subject to district board of education policy or collective
bargaining agreement, additional professional leave days may be
granted to teachers seeking National Board certification for National
Board certification portfolio development. During the two (2) days
of the additional professional days granted to teachers for National
Board certification portfolio development, a substitute teacher shall
be provided by the school district at no cost to the teacher.
I. 1. The State Board of Education shall provide to teachers
who attained National Board certification prior to June 30, 2013, a
bonus in the amount of Five Thousand Dollars ($5,000.00) annually
over a ten-year period, to be paid no later than January 31 each
year. The Board shall provide a bonus to any teacher who attains
National Board certification after June 30, 2013, if the teacher was
selected for the Education Leadership Oklahoma program before June
30, 2013, or the teacher has submitted an application for National
Board certification to the National Board for Professional Teaching
Standards before June 30, 2013.
2. The teachers eligible to receive the annual bonus as provided
for in paragraph 1 of this subsection shall receive the annual bonus
for the ten-year duration of their National Board certification and
so long as they are teaching in the classroom full-time in an
Oklahoma public school. No school or school district shall be liable
for payment of bonuses pursuant to this section.
3. The bonus shall not be included in the calculation of the
teacher’s salary for purposes of meeting the district or statutory
minimum salary schedule or for purposes of compensating Oklahoma
Teachers’ Retirement System contributions or benefits.
4. Teachers eligible to receive the annual bonus as provided for
in paragraph 1 of this subsection shall not be eligible to receive
the additional salary increment for National Board certification as
set forth in the minimum salary schedule in Section 3 of this act.
5. Teachers who attain National Board certification after June
30, 2013, shall be eligible to receive the additional salary
increments for National Board certification as set forth in the
minimum salary schedule in Section 3 of this act.
6. The State Board of Education shall promulgate rules for a
process by which a National-Board-certified teacher will verify that:
a. the National Board certification has not lapsed,
b. the teacher is still a full-time teacher, and
c. for teachers eligible for the bonus, the teacher has
not exceeded the limit of annual bonus payments as
provided for in paragraph 1 of this subsection.
J. It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education incorporate the National Board
certification portfolio development into all programs in education
leading to a master’s level degree.
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Added by Laws 1997, c. 181, § 3, eff. July 1, 1997. Amended by Laws
1998, c. 350, § 1, emerg. eff. June 5, 1998; Laws 1999, c. 303, § 1,
eff. July 1, 1999; Laws 2001, c. 201, § 3; Laws 2002, c. 236, § 4,
eff. July 1, 2002; Laws 2003, c. 434, § 23; Laws 2007, c. 197, § 1;
Laws 2010, c. 457, § 4; Laws 2012, c. 360, § 2; Laws 2013, c. 83, §
13, eff. July 1, 2013; Laws 2013, c. 394, § 2.
NOTE: Laws 1999, c. 320, § 46 repealed by Laws 2001, c. 201, § 12.
§70-6-204.3. Education Leadership Oklahoma Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Commission for Teacher Preparation to be designated
the "Education Leadership Oklahoma Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies appropriated or transferred to the fund
by the Legislature. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma Commission for Teacher Preparation to provide assistance and
scholarships for candidates seeking National Board certification.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 1997, c. 181, § 4, eff. July 1, 1997. Amended by Laws
2012, c. 304, § 600.
§70-6-204.4. Oklahoma National Board Certification Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Board of Education to be designated the "Oklahoma
National Board Certification Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies appropriated or transferred to the fund by the
Legislature. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the State
Board of Education to provide an annual bonus for those teachers
possessing National Board certification. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment. The
State Board of Education shall transfer all funds deposited into the
Oklahoma National Board Certification Revolving Fund for the fiscal
year ending June 30, 1998, to the Education Leadership Oklahoma
Revolving Fund, created in Section 6-204.3 of this title, less
expenditures and encumbrances as adjusted by transfer on July 1,
1998.
Added by Laws 1997, c. 181, § 5, eff. July 1, 1997. Amended by Laws
1998, c. 350, § 3, emerg. eff. June 5, 1998; Laws 2012, c. 304, §
601.
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§70-6-204.5. Professional Development Institutes Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Commission for Teacher Preparation to be designated
the "Professional Development Institutes Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies appropriated or transferred to the
fund by the Legislature. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Oklahoma Commission for Teacher Preparation to develop and administer
professional development programs for teachers and administrators and
training for residency committee members. Expenditures shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 1997, c. 302, § 1, eff. July 1, 1997. Amended by Laws
2012, c. 304, § 602.
§70-6-205. Repealed by Laws 2012, c. 223, § 17, eff. July 1, 2014.
§70-6-206. Annual bonus for school psychologist, speech-language
pathologist, audiologist - Qualifications - Calculation - Increase.
A. Subject to the availability of funds, the State Board of
Education shall provide an annual salary bonus in the amount of Five
Thousand Dollars ($5,000.00) no later than January 31 of each year to
the following employees of public school districts:
1. Any school psychologist who has been designated as a
Nationally Certified School Psychologist by the National School
Psychology Certification Board; and
2. Any speech-language pathologist or audiologist who holds a
Certificate of Clinical Competence awarded by the American Speech-
Language Hearing Association.
B. The State Board of Education shall adopt rules for the
provision of the bonus pursuant to this section to include, but not
be limited to, a process by which a nationally certified school
psychologist, speech-language pathologist and audiologist may verify
that:
1. The individual is still employed by a school district;
2. The certification required in subsection A of this section
has been attained and has not lapsed; and
3. The individual is licensed to practice in this state.
C. An individual who qualifies for the bonus pursuant to this
section and who is employed by a school district on less than a full-
time basis, shall receive a pro-rated bonus based on the
proportionate equivalency to full-time employment.
D. No school or school district shall be liable for payment of
bonuses pursuant to this section. The bonus shall not be included in
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the calculation of salary for purposes of meeting the district or
statutory minimum salary schedule or for purposes of calculating
Teachers’ Retirement System of Oklahoma contributions or benefits.
E. The amount of the salary bonus pursuant to subsection A of
this section shall be increased to Seven Thousand Dollars ($7,000.00)
upon implementation of subsection N of Section 6-204.2 of this title.
Added by Laws 2004, c. 311, § 1, eff. Nov. 1, 2004. Amended by Laws
2008, c. 186, § 3, eff. July 1, 2008.
§70-6-206.1. Oklahoma School Psychologist, Speech-Language
Pathologist, and Audiologist National Certification Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Board of Education to be designated the "Oklahoma
School Psychologist, Speech-Language Pathologist, and Audiologist
National Certification Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies appropriated or transferred to the fund by the
Legislature. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the State
Board of Education to provide an annual bonus for individuals meeting
the requirements of Section 6-206 of this title. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
Added by Laws 2004, c. 311, § 2, eff. Nov. 1, 2004. Amended by Laws
2012, c. 304, § 603.
§70-6-207. Oklahoma Mathematics Improvement Program.
A. The State Board of Education shall establish the Oklahoma
Mathematics Improvement Program. The purpose of the program is to
improve student mastery of the subject matter standards adopted by
the State Board of Education for sixth-grade mathematics through
Algebra I by enhancing sixth-, seventh- and eighth-grade public
school teachers' mastery of the subject matter content and process
skills.
B. For purposes of this section, "middle-level mathematics"
means the subject matter standards for sixth- through eighth-grade
mathematics and Algebra I.
C. Each sixth-, seventh-, or eighth-grade public school teacher
of a middle-level mathematics course who completes a professional
development program approved by the State Board of Education, as
authorized in subsection E of this section, shall receive a stipend
in the amount of One Thousand Dollars ($1,000.00) if, prior or
subsequent to completion of the professional development program, the
teacher successfully completes the middle-level/intermediate
mathematics Oklahoma Subject Area Test administered by the Oklahoma
*+,-11'121#+,, .;!
Commission for Teacher Preparation. The State Board of Education
shall provide the stipend to qualifying teachers who meet the
requirements of this section. The stipend shall not be included in
the calculation of the teacher's salary for purposes of meeting the
district or statutory minimum salary schedule or for purposes of
calculating Teachers' Retirement System of Oklahoma contributions or
benefits.
D. The State Department of Education shall issue a request for
proposals on or before October 1, 2005, seeking applications for the
Oklahoma Mathematics Improvement Program. The State Department of
Education shall review the applications for compliance with the
established requirements.
E. The State Board of Education may approve programs that meet
the requirements set forth in this subsection. Each participating
teacher shall take a preassessment to establish current subject
matter knowledge, and, based on the results of the preassessment, the
teacher will participate in one of the three programs listed below:
1. Mathematics academies consisting of a minimum of forty (40)
contact hours of training and twenty (20) contact hours of follow-up
training through lesson study with identified mathematics specialists
on-site and through video technology.
The mathematics academies shall incorporate both content
knowledge and process knowledge that shall be modeled for teachers in
the areas of problem-solving, reasoning, and critical thinking as
applied to the mathematical concepts in the subject matter standards.
The ultimate goal of the mathematics academies shall be to
significantly increase the number of children becoming proficient in
mathematics as demonstrated on assessments administered pursuant to
the Oklahoma School Testing Program Act. The mathematics academies
shall be accepted for professional development purposes and shall be
defined as continuing education experiences that consist of a minimum
of forty (40) clock hours. The mathematics academies shall be
designed to provide instruction that includes peer coaching;
2. Other programs including customized higher education courses
and/or on-line courses similar in scope and nature to those described
in this subsection designed to improve middle school mathematics
knowledge including Algebra I, as approved by the State Board of
Education; and
3. Small learning community lesson studies facilitated by a
mathematics coach and utilizing the Internet and video technology, as
approved by the State Board of Education.
F. On or before December 15, 2005, the State Department of
Education shall forward applications that the Department has
determined meet the requirements of this section to the State Board
of Education. On or before February 1, 2006, the Board shall award,
through a competitive bid process, one or more grants for
professional development programs approved by the Department.
*+,-11'121#+,, .;
G. The State Board of Education shall contract for independent
evaluations of programs funded pursuant to this section.
H. Beginning June 30, 2006, and each year thereafter for which
the Oklahoma Mathematics Improvement Program is funded, the State
Board of Education shall prepare and submit a report to the
Legislature and the Governor containing:
1. Descriptions of professional development programs approved
and funded through the Oklahoma Mathematics Improvement Program;
2. Number and amount of grants awarded;
3. Number of teachers completing approved programs;
4. Number of teachers successfully completing the Oklahoma
Subject Area Test for middle level/intermediate mathematics after
completion of a program created pursuant to this section;
5. Amount of stipends paid to teachers pursuant to this section;
and
6. Student achievement data for students in classes taught by
teachers completing one of the program options authorized pursuant to
this section.
Added by Laws 2005, c. 432, § 2, eff. July 1, 2005. Amended by Laws
2014, c. 430, § 1, emerg. eff. June 5, 2014.
§70-6-210. Inner City Schools Rescue program.
A. The Oklahoma Commission for Teacher Preparation is authorized
to establish the Inner City Schools Rescue program. The purpose of
the program shall be to recruit and train certified teachers to work
in inner city schools and to provide technical assistance and support
to those teachers who participate in the program and become employed
in an inner city school.
B. For purposes of this section, an inner city school shall mean
a school identified as in need of improvement as determined by the
Commission pursuant to the No Child Left Behind Act or where ninety-
five percent (95%) or more of the students enrolled in the school
qualify for the free and reduced lunch program.
C. To fulfill the objectives of the Inner City Schools Rescue
program the Commission shall:
1. Inform teachers of the program;
2. Collect and review applications for the program from
interested teachers; and
3. Establish an applicant review committee to identify
participants for the program.
D. Each year the Commission shall select a certain number of
teachers, as determined by the Commission, who have demonstrated a
commitment to excellence in teaching and to working with at-risk
students in the inner city.
E. The Commission shall promulgate rules to implement the
provisions of this section.
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Added by Laws 2009, c. 259, § 1, eff. July 1, 2009. Amended by Laws
2013, c. 83, § 14, eff. July 1, 2013; Laws 2014, c. 124, § 23, eff.
July 1, 2014.
§70-6-211. Educator supply-and-demand study.
The State Board of Education in cooperation with the Commission
for Educational Quality and Accountability, the Oklahoma State
Regents for Higher Education and institutions of higher education
shall conduct an educator supply-and-demand study every three (3)
years. The study shall identify areas of teacher shortage and make
recommendations for addressing the areas of most critical need. The
Board shall submit a report outlining the findings to the Governor,
the Speaker of the House of Representatives and the President Pro
Tempore of the Senate.
Added by Laws 2014, c. 124, § 27, eff. July 1, 2014.
§70-6-301. Repealed by Laws 2018, c. 229, § 2, eff. Nov. 1, 2018.
§70-6-302. Repealed by Laws 2018, c. 229, § 2, eff. Nov. 1, 2018.
§70-6-303. Repealed by Laws 2018, c. 229, § 2, eff. Nov. 1, 2018.
§70-7. Repealed by Laws 1941, p. 416, § 8.
§70-7-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-7-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-7-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-7-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-7-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-7-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-7-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
NOTE: Former § 7-7 derived from Laws 1949, p. 548, art. 7, § 7 was
repealed by Laws 1953, p. 384, § 30.
§70-7-8. Repealed by Laws 1953, p. 384, § 3.
§70-7-101. Boundaries - Petition or resolution to change - Election.
A. Except as otherwise provided for in Section 7-105 of this
title for conditional consolidated school districts, the territory
comprising all or part of a school district may be annexed to another
school district or to two or more districts, when approved at an
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annexation election called by the State Superintendent of Public
Instruction, but except as provided in subsection B of this section,
an annexation election may not be held unless the boards of education
of the affected districts concur therein. Provided, that such
concurrence of the boards of education affected shall not be required
in cases of mandatory annexation by the State Board of Education:
1. In pursuance of a petition for annexation signed by a
majority of the school district electors in the territory proposed to
be annexed, hereinafter referred to as the area affected, said
majority being applied to the highest number of voters voting in a
regular school district election in the district in the preceding
five (5) years as determined by the secretary of the county election
board, who shall certify the adequacy of the number of signatures on
the petition as provided in this section; or
2. In pursuance of a resolution adopted by the board of
education of the district in which the area affected is situated.
B. An annexation election shall be called by the State
Superintendent of Public Instruction without the concurrence of the
board of education of the school district which is proposed to be
annexed, upon the filing of a petition with the State Superintendent
of Public Instruction for annexation that is signed by a majority of
the school district electors in the territory proposed to be annexed,
hereinafter referred to as the area affected, said majority being
applied to the highest number of voters voting in a regular school
district election in the district in the preceding five (5) years as
determined by the secretary of the county election board, who shall
certify the adequacy of the number of signatures on the petition.
The petition shall contain such information as the State
Superintendent of Public Instruction may require.
C. Annexation elections held pursuant to this section shall be
conducted pursuant to the following procedures:
1. Such election shall be held not less than sixty (60) days nor
more than ninety (90) days after the State Superintendent of Public
Instruction receives such petition, at some public place in the
school district in which the area affected is situated, between the
hours of 7 a.m. and 7 p.m., and notice thereof shall be given by the
State Superintendent of Public Instruction in the same manner as
notice of special elections of the school district electors of school
districts is given, provided, that the State Superintendent of Public
Instruction shall not be required to call an election for the purpose
of annexing a part of a school district more than once during any
twelve-month period. Such elections shall be conducted by the county
election board;
2. The annexation shall be approved by a majority of the school
district electors voting at such election:
a. of an entire school district, or
*+,-11'121#+,, .;
b. if a majority of the members of a board of education of
a school district losing the territory concur with the
petitioners, or resolution, only the legal voters of
the area so affected shall be eligible to vote at such
election, or
c. if the affected area is part of a school district with
thirty thousand (30,000) or more average daily
membership, if the boundaries of the affected area is
not contiguous with the boundaries of the rest of the
district, and if the boundary of the noncontiguous
affected area is a least two (2) miles from the nearest
boundary of the rest of the district, only the legal
voters of the area so affected shall be eligible to
vote at such election. Provided, if there is an
incorporated city located wholly within the separate
noncontiguous affected area, the annexation election
being held shall not effect the area within the
boundaries of the incorporated area unless a majority
of the school district electors within the boundaries
of the incorporated area also file a petition
requesting annexation as required in subsection B of
this section.
If the area proposed to be annexed constitutes less than two percent
(2%) of the total area of the school district in which such area is
located, and there are no qualified electors residing in such area,
no election shall be held. In such instance the board of education
of the school district wherein the area proposed to be annexed is
located and the board of education of the school district to which
such area is proposed to be annexed shall each adopt a resolution
approving such annexation and shall transmit certified copies of both
resolutions to the State Superintendent of Public Instruction who
shall, within five (5) days after receiving copies of such
resolutions, make an order declaring the annexation as approved in
the resolutions. Copies of the annexation order shall be transmitted
to the State Board of Education, Oklahoma Tax Commission, county
clerk, county treasurer, county assessor and to the boards of
education of the school districts involved;
3. The annexation shall be approved by a majority of the school
district electors of the area affected, voting at such election, if
the area affected is an area within a school district in which, as a
result of condemnation proceedings by the federal government, a
majority of the pupils of said area have attended school, for at
least one school term, in the district to which the petition requests
annexation;
4. If the annexation of an entire district is approved, as
provided for in this section, the State Superintendent of Public
Instruction shall, within five (5) days after such election, issue an
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order declaring the annexation as requested in the petition or
resolution for annexation to the State Board of Education, Oklahoma
Tax Commission, county clerk, county treasurer and county assessor in
each county in which any of the territory of the disorganized
district lies, but the annexation shall not become effective until
the time for filing an appeal, as hereinafter provided, has expired.
In the event a majority of the electors voting at such election do
not vote for the annexation, the State Superintendent of Public
Instruction shall, within five (5) days after such election, issue an
order denying the annexation to the State Board of Education,
Oklahoma Tax Commission, county clerk, county treasurer and county
assessor in each county in which any of the territory of the
disorganized district lies. Within ten (10) days after the order of
the State Superintendent of Public Instruction is issued, twenty-five
percent (25%) of the school district electors who were eligible to
vote at the annexation election may appeal to the district court of
the county in which the territory proposed to be annexed, or the
largest part thereof if such territory lies in more than one county,
is situated, and thereafter all proceedings shall be stayed until the
district court has rendered judgment. The proceedings shall be given
precedence over all other civil matters. In the event the court
issues a final order upholding a partial annexation, the effective
date of said partial annexation shall be July 1 following the final
order. All pending annexation proceedings are hereby exempted from
this act. The State Board of Education shall be required to change
the boundary lines as described in the declaration after all
litigation has expired;
5. Upon the effective date of the annexation of an entire school
district to one or more school districts, the board of education of
the school district whose territory was annexed shall be declared
abolished by the State Superintendent of Public Instruction. If a
school district to which the territory was annexed currently has a
five-member board of education, that school district board of
education shall have the option of forming a seven-member board of
education pursuant to the provisions of Section 5-107A of this title
upon the effective date of the annexation; and
6. If an independent district annexes to an elementary district
not maintaining a high school, both boards of education are
abolished. The Governor shall appoint three members of the newly
formed district to the board of education and these members shall
appoint the remaining two members.
Added by Laws 1971, c. 281, § 7-101, eff. July 2, 1971. Amended by
Laws 1972, c. 215, § 1, emerg. eff. April 7, 1972; Laws 1974, c. 37,
§ 1, emerg. eff. April 13, 1974; Laws 1975, c. 73, § 1, emerg. eff.
April 18, 1975; Laws 1977, c. 183, § 1, emerg. eff. June 8, 1977;
Laws 1985, c. 193, § 7, eff. Nov. 1, 1985; Laws 1987, c. 154, § 1,
eff. Nov. 1, 1987; Laws 1990, c. 257, § 7, eff. July 1, 1990; Laws
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1991, c. 3, § 8, eff. July 1, 1991; Laws 1992, c. 324, § 11, eff.
July 1, 1992; Laws 1993, c. 316, § 15, eff. Sept. 1, 1993; Laws 1994,
c. 71, § 1, emerg. eff. April 15, 1994; Laws 1997, c. 332, § 1, eff.
July 1, 1997; Laws 1999, c. 300, § 1, eff. July 1, 1999.
NOTE: Laws 1993, c. 239, § 31 repealed by Laws 1994, c. 71, § 2,
emerg. eff. April 15, 1994.
§70-7-101.1. Mandatory annexation or consolidation - Rules and
regulations regarding procedures - Notice to school district involved
- Opportunity to appear before State Board of Education -
Determination of issue.
A. The State Board of Education shall be authorized to
promulgate rules and regulations regarding the procedures necessary
to accomplish mandatory annexation or consolidation, as provided by
and within the requirements of the provisions of Sections 2, 8, 9,
10, 11, 12 and 13 of this act, and as otherwise provided by law.
B. In any case where mandatory annexation of a school or school
district is recommended by the State Department of Education, the
Department shall notify, in writing, the board of education of the
school district involved. Upon receipt of the notification, the
school district board shall have fifteen (15) days to request an
opportunity to appear before the State Board of Education. If the
school district board fails to request an opportunity to appear, the
State Board shall proceed without further notice or delay, to
conclude the matter. If an opportunity to appear is requested by the
school district board, the State Board shall decide the issues after
hearing from representatives of the school or school district and the
State Department and shall make a final determination on the
recommendation of the Department.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 12, emerg. eff. April 25,
1990.
§70-7-102. Repealed by Laws 1979, c. 282, § 32, emerg. eff. June 7,
1979.
§70-7-103. Annexation or disorganization - Assumption of bonded
indebtedness.
A. The component parts (or part) of the district annexed,
whether the annexation is or was voluntary or mandatory under the
provisions of this or any prior act, shall assume their full
proportion of all legal bonded indebtedness of the district or
districts to which they are or were annexed, and the district or
districts to which they are or were annexed shall likewise assume a
full proportion of all legal bonded indebtedness of the district
annexed, or ratable proportion in ratio to the assessed valuation to
the part annexed.
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B. Provided, that if the area affected is or has been annexed
under the provisions of this article to a school district
(hereinafter referred to as the "first" district) having a bonded
indebtedness at the time of said annexation, and if at the time of
said annexation said area affected is or was not liable for any
bonded indebtedness, and if within four (4) calendar months or less
after said annexation all or any portion of the territory of the area
affected is or has been detached from the first district to become a
part of some other school district (hereinafter referred to as the
"second" district) then:
1. If the detachment of said territory occurs in any fiscal year
after the effective date of this subsection, and before the
certification of the budgets and levies of the first district for
said fiscal year to the State Auditor and Inspector, neither the said
detached territory nor the second district shall have any liability
for the payment of any part of the bonded indebtedness of the first
district which existed when the area affected was annexed to the
first district; or
2. If the detachment of said territory occurs in any fiscal year
after the effective date of this subsection, and after the
certification of the budgets and levies for said fiscal year of the
first district to the State Auditor and Inspector, the said detached
territory shall continue to bear its share of the bonded indebtedness
of the first district as prescribed by subsection A of this section
for the remainder of said fiscal year, but the second district shall
not be liable for any part of the bonded indebtedness of the first
district which existed at the time of the annexation of the area
affected to the first district; and after the beginning of the next
succeeding fiscal year neither the said detached territory nor the
second district shall have any liability for any of the bonded
indebtedness of the first district which existed at the time the area
affected was annexed to the first district.
Laws 1971, c. 281, § 7-103, eff. July 2, 1971; Laws 1979, c. 30, §
48, emerg. eff. April 6, 1979.
§70-7-104. Division of property - Debts and obligations.
A. In case the area affected comprises an entire school
district, and all of such area is annexed to only one other district,
the district to which it is annexed shall become the owner of all the
property and other assets of the disorganized district and shall be
liable for the current debts and other obligations of such
disorganized district, and said district shall also acquire title to
and provide for permanent custody of all individual scholastic and
other permanent records relating to each pupil who was previously
enrolled in the annexed district.
B. In case the area affected comprises an entire school
district, and is annexed to two or more districts, then the current
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debts or obligations and property and other assets of the
disorganized district shall be divided by agreement between the
boards of education of the annexing districts, and the board of
education of either of the annexing districts may purchase any such
property or assets to effect a just division. If the boards of
education are unable to agree, the matter shall be decided by the
State Board of Education, and its decision shall be final.
C. In case the area affected is not an entire school district,
the district to which the annexation is made shall not acquire any of
the property or assets of the district from which the area affected
is detached, except that any school building or buildings located in
the affected area shall become the property of the district to which
the affected area is annexed and all obligations pertaining thereto
shall become the responsibility of the annexing district.
D. If any mandatory or voluntary annexation made under the
provisions of this article shall occur after the election on school
district levies for the ensuing fiscal year and before the tax levies
of the ensuing year have been made and certified, the operating and
building levies authorized for the annexing district shall be the
levies for all the said district after such annexation. All
mandatory or voluntary annexations made and ordered subsequent to the
certification of the budgets and levies to the State Auditor and
Inspector shall be forthwith effective regardless of any variation in
such levies; and the budgetary assets of the annexed district or
districts theretofore so certified as unexpended and unencumbered
shall be merged by supplementary procedure with the budgetary assets
of the annexing district.
E. In case the area affected is annexed to two or more districts
or the area affected is not an entire school district, the individual
scholastic and other permanent records relating to each pupil
enrolled at the time of annexation shall be transferred to the
respective districts where said pupils are transferred. All other
individual scholastic and other permanent records relating to pupils
in said areas or entire districts affected shall be filed with the
county clerk of the county where supervision of the annexed school
district is located.
Laws 1971, c. 281, § 7-104, eff. July 2, 1971; Laws 1972, c. 215, §
2, emerg. eff. April 7, 1972; Laws 1979, c. 30, § 49, emerg. eff.
April 6, 1979; Laws 1993, c. 239, § 32, eff. July 1, 1993.
§70-7-105. Consolidation - Studies - Petition - Majority vote in
entire territory – Plan of action – Conditional consolidation -
Election - Initial board for new district - New district legal
successor.
A. Two or more school districts may, whether adjacent or not
adjacent, be consolidated into a single school district in accordance
with standards, rules and procedures to be determined by the State
*+,-11'121#+,, .;)
Board of Education. When the consolidation of two or more school
districts is proposed, the State Board of Education shall conduct
such studies of the populations, wealth, terrain, trade areas and
other factors as may be necessary to determine the location of
boundaries and the size of a proposed district which will most nearly
ensure an efficient and economical administrative unit. The State
Board of Education shall furnish the boards of education of the
school districts which might be involved information and advice as to
where the boundaries and what the size of the proposed new district
should be. Nothing herein shall be construed to prevent the
inclusion within a school district of territory lying within the
boundaries of two or more counties.
B. Ten percent (10%) of the qualified school electors in any
district may petition the board of education of such district to
request such information, or a board of education of such district
may on its own initiative ask for information and advice from the
State Board of Education on the educational advantages and
disadvantages of proposed consolidation to the children and residents
of the area which might be affected. Upon the receipt of such a
petition, the local board of education shall request the services of
the State Board of Education and shall notify the boards of education
in adjacent school districts that such a request has been made. The
State Board of Education may on its own initiative make the study
herein authorized of any area of the state and direct the board of
education of such school districts as might be involved to set into
operation in their districts the procedure for determining what, if
any, consolidation should be carried on in the area under study.
C. Any rules or procedures which the State Board of Education
may prescribe for consolidation of school districts shall include the
opportunity for the qualified school electors in the school districts
involved to express their wishes through a majority vote of the
school electors in the entire territory involved.
D. Prior to an election for consolidation, the boards of
education of the school districts involved may develop a plan which
shall set forth the actions to be taken during and after
consolidation. The plan of action shall include agreements relating
to school site closing, disposition and utilization of property and
equipment and such other agreements as may be necessary to facilitate
the consolidation of the school districts. The plan of action shall
also include provisions related to the technology center school
district the newly formed district will be a part of which are
consistent with the State Board of Career and Technology Education
rules. The plan shall be placed on a separate ballot and voted on by
the qualified school electors of each district at the time of the
consolidation election. Both the plan and consolidation questions
must be approved by a majority vote for the plan to take effect. The
plan shall be binding on the board of education of the newly formed
*+,-11'121#+,, .;!
district for at least three (3) years; provided, any provisions
related to the expenditure of appropriated money shall not be binding
beyond the current fiscal year. The newly formed district may alter
or disregard the plan only if there is a significant change in
circumstances, including a significant drop in revenue to the
district or in student enrollment.
E. Two or more school districts may be consolidated into a
single school district on a conditional basis. If the voters approve
conditional consolidation of the school districts at an election for
such purpose in accordance with the procedures set forth in this
section, the newly formed school district shall be considered
consolidated and shall go through the same procedure and meet the
same requirements as any consolidated school district. Under a
conditional consolidation plan, any subsequent decision to
consolidate the new school district or annex all or part of the new
school district, shall first be approved by a majority of the
electors, voting at such election, of each of the original school
districts. If one or more of the original school districts
disapproves the subsequent consolidation or annexation plan, the plan
shall not be approved. If all of the original school districts
approve the subsequent consolidation or annexation plan, the plan
shall be approved and thereafter, any further consolidation or
annexation shall be subject to approval of the electors of all of the
school districts as a whole. The original school district shall mean
only the districts which independently voted to join the
conditionally consolidated district.
F. An election for such purpose shall be held either upon:
1. A petition for consolidation or conditional consolidation,
signed by forty percent (40%) of the school district electors of each
school district included in the proposed consolidation, or
conditional consolidation said percentage being applied to the
highest number of voters voting in a regular school election in the
district in the preceding five (5) years as determined by the
secretary of the county election board, who shall certify the
adequacy of the number of signatures on the petition; or
2. The concurrence of the boards of education of the school
districts included in the proposed consolidation or conditional
consolidation, as shown by a resolution adopted by each board.
The election shall be called by the State Board of Education and
conducted in accordance with the general election laws of this state.
Any vote to consolidate two or more districts, shall require a
majority vote of those voting in each school district involved. When
such a majority vote is in favor of consolidation or conditional
consolidation, the State Board of Education shall declare the
participating school districts dissolved and the new school district
established, and the newly formed district shall thereupon be
governed by the provisions of the Oklahoma School Code.
*+,-11'121#+,, .;
G. The State Superintendent of Public Instruction or designee
shall convene the members of the boards of the districts forming the
new district, who shall be given the opportunity of selecting from
among themselves the initial board of education for the new district,
selecting the number of members and designating the initial terms of
service of each as required to conform to law; provided, the members
convened shall have the option of forming a seven-member board
pursuant to the provisions of Section 5-107A of this title rather
than a board of the size otherwise provided by law and shall have the
option of temporarily increasing the number of board positions for
the new district by two positions per consolidating district for the
first two (2) years following consolidation. The temporary positions
will be filled by appointment by the board. The temporary board
positions shall be abolished two (2) years from the effective date of
consolidation. Within ten (10) days following the declaration of
establishment of the new district, the State Superintendent or
designee shall declare the agreement or shall declare that such
agreement has not been reached, in which case persons serving as
members of the board of education of the participating district
having the largest number of enumerated children as shown by the last
regular enumeration shall serve as members of the board of education
of the newly formed district for the terms for which they were
elected and until their successors have been duly elected or
appointed and have qualified.
H. All liabilities, assets, powers and duties of the
participating districts shall become the responsibility of the new
school district, which district shall be the legal successor in every
respect to the school districts participating in the consolidation or
conditional consolidation in accordance with law.
Added by Laws 1971, c. 281, § 7-105, eff. July 2, 1971. Amended by
Laws 1989, c. 323, § 9, eff. July 1, 1989; Laws 1990, c. 257, § 5,
eff. July 1, 1990; Laws 1993, c. 45, § 5, emerg. eff. April 9, 1993;
Laws 1994, c. 75, § 1, eff. July 1, 1994; Laws 1997, c. 332, § 2,
eff. July 1, 1997; Laws 2001, c. 33, § 85, eff. July 1, 2001.
§70-7-106. Buildings - Rented, moved, or sold.
No building or appendages thereto of any school district that has
been annexed to another school district or districts shall be rented,
moved or sold by the board of education of the annexing district or
districts without the approval of a majority of the school district
electors in the annexed district voting on the proposition, if such
building is being used at least once each ninety (90) days for public
gatherings. Provided, that the board of education of the annexing
district acquiring such building may require persons or groups using
such building and appendages to pay the cost of maintenance,
including insurance, of such building and appendages.
Laws 1971, c. 281, § 7-106, eff. July 2, 1971.
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§70-7-107. Disposition of property.
Once a school district has voted to dispense with grades one
through eight or one through twelve, it shall be illegal for the
board of education of such district to sell, exchange, trade, junk,
salvage, or otherwise dispose of any furniture, equipment, land,
buildings, or other such assets belonging to the school district
unless such sale, exchange, trade or disposal is made to, and only
to, another public school district in the State of Oklahoma. It
shall also be illegal for the board of education to expend the school
district's funds for any purpose after the end of the fiscal year in
which grades one through eight or one through twelve have been
dispensed with except in payment of legal transfer fees, bond and
property insurance premiums, utilities, salary of the clerk of the
board of education, audit expenses, and the expenses necessary for
the preservation and maintenance of school property; provided, that a
board or boards of education receiving the annexed district shall
have one (1) year after annexation to sell or convey the title of
land and buildings to a nonprofit corporation to be used for
community purposes after the same has been approved by a majority of
the electors of the annexed district, present and voting, at an
election called for such purpose; provided, that when such use
ceases, the title to said land and buildings shall be vested in the
receiving district or districts which shall be evidenced by
resolution of the annexed district.
Laws 1971, c. 281, § 7-107, eff. July 2, 1971.
§70-7-108. Federally owned reservations - Annexations.
Any federally owned reservation, or any portion thereof, within
the State of Oklahoma shall with the consent of the United States,
given by and through the commanding officer, superintendent, or other
officer having charge of such reservation, be attached to an
independent school district within the same transportation area for
school purposes in which such reservation and independent school
district are situated, upon the petition of the commanding officer,
superintendent, or other officer having charge of such reservation,
and with the consent of the board of education of such independent
school district. The petition of such commanding officer,
superintendent, or other officer in charge of any such federally
owned reservation and the consent of such board of education shall be
filed with the State Superintendent of Public Instruction and said
Superintendent shall thereupon order such reservation to be attached
to such independent school district.
Laws 1971, c. 281, § 7-108, eff. July 2, 1971; Laws 1993, c. 239, §
33, eff. July 1, 1993.
§70-7-201. Short title.
*+,-11'121#+,, .;
Sections 7-201 through 7-206 of this title shall be known and may
be cited as the "Oklahoma School Consolidation and Annexation Act".
Added by Laws 1989, c. 323, § 1, eff. July 1, 1989. Amended by Laws
1989, 1st. Ex.Sess., c. 2, § 8, operative July 1, 1990; Laws 2003, c.
296, § 1, eff. July 1, 2003; Laws 2009, c. 448, § 2, eff. Nov. 1,
2009.
§70-7-202. Application of act.
The provisions of the Oklahoma School Consolidation and
Annexation Act shall apply only to school districts whose entire
territory has been annexed to one or more existing school districts
or which have been created by the consolidation of two or more
existing school districts in accordance with the provisions of
Section 7-101 et seq. of this title or to school districts which have
entered into a mutual contract with a superintendent as authorized
pursuant to Section 5-106A of this title.
Added by Laws 1989, c. 323, § 3, eff. July 1, 1989. Amended by Laws
1989, 1st Ex. Sess., c. 2, § 9, operative July 1, 1990; Laws 1990, c.
257, § 8, emerg. eff. May 23, 1990; Laws 1992, c. 324, § 12, eff.
July 1, 1992; Laws 2003, c. 296, § 2, eff. July 1, 2003; Laws 2009,
c. 448, § 3, eff. Nov. 1, 2009; Laws 2011, c. 338, § 1, eff. July 1,
2011.
§70-7-203. School Consolidation Assistance Fund.
A. There is hereby created in the State Treasury a fund to be
designated the "School Consolidation Assistance Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies the Legislature may appropriate or
transfer to the fund and any monies contributed for the fund from any
other source, public or private.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Board of
Education for the purposes established by this section, the
Legislature and in accordance with rules promulgated by the State
Board of Education. The purposes shall be to provide:
1. Voluntarily or mandatorily consolidated school districts or
districts who have received part or all of the territory and part or
all of the students of a school district dissolved by voluntary or
mandatory annexation, during the first year of consolidation or
annexation with a single one-year allocation of funds needed for:
a. purchase of uniform textbooks in cases where the
several districts were not using the same textbooks
prior to consolidation or annexation,
b. employment of certified personnel required to teach
courses of the district for which personnel from the
districts consolidated or annexed are not certified and
available,
*+,-11'121#+,, .;$
c. employment assistance for personnel of the several
districts who are not employed by the consolidated or
annexing district. Employment assistance may include
provision of a severance allowance for administrators,
teachers and support personnel not to exceed eighty
percent (80%) of the individual's salary or wages,
exclusive of fringe benefits, for the school year
preceding the consolidation or annexation. Personnel
receiving such severance pay may accumulate one (1)
year of creditable service for retirement purposes.
Employment assistance may also include the payment of
unemployment compensation benefits. The State Board of
Education shall provide a severance allowance to
employees dismissed from employment due to annexation
or consolidation of a school district in the year of
the annexation or consolidation and who were denied a
severance allowance or unemployment compensation
benefits and the voluntary consolidation funding of the
annexing or consolidating district or districts has
been paid on or after July 1, 2003, at the maximum
allowable amount. Application for a severance
allowance shall be made to the Finance Division of the
State Department of Education by the dismissed employee
no later than September 1 of the fiscal year
immediately following the fiscal year in which the
annexation or consolidation occurred,
d. furnishing and equipping classrooms and laboratories,
e. purchase of additional transportation equipment, and
f. when deemed essential by the school district board of
education to achieve consolidation or combination by
annexation, renovation of existing school buildings and
construction or other acquisition of school buildings;
and
2. Assistance to school districts which have entered into a
mutual contract with a superintendent as authorized pursuant to
Section 5-106A of this title in paying the salary or wages of the
superintendent. The assistance shall equal not more than fifty
percent (50%) of the salary or wages of the superintendent for not
more than three (3) consecutive years. In no case shall the total
amount of assistance paid over the three-year period be more than One
Hundred Fifty Thousand Dollars ($150,000.00) nor shall any school
district be eligible to receive assistance pursuant to this paragraph
for more than one three-year time period.
C. The State Board of Education shall only make allocations from
the fund to school districts formed from the combination of two or
more of the districts whose boards of education notify the State
Board of Education on or before June 30 of their intent to annex or
*+,-11'121#+,, .;$
consolidate and are subsequently combined by such means by January 1
of the second year following the notification of intent. The boards
of education which have entered into a mutual contract with a
superintendent shall notify the Board on or before June 30 of the
year preceding the school year the mutual contract will become
effective.
D. Allocations will be made to school districts formed by
voluntary or mandatory consolidation on the basis of combined average
daily membership (ADM) of the school year preceding the first year of
operation of the school district resulting from the consolidation;
provided, not more than two hundred (200) ADM of any one school
district shall be counted in determining the combined ADM of any
district formed by consolidation. The ADM of any one school district
shall not be considered more than once for allocations from the fund
when the school district consolidates with two or more school
districts. Allocations from the fund pursuant to this subsection
shall be calculated by multiplying the combined ADM by Two Thousand
Five Hundred Dollars ($2,500.00).
E. Allocations will be made to school districts which have
received part or all of the territory and students of a school
district by voluntary or mandatory annexation on the basis of ADM of
the annexed school district for the school year preceding the first
year of operation of the school district resulting from the
annexation; provided, not more than two hundred (200) ADM of the
annexed district shall be counted. Allocations from the fund
pursuant to this subsection shall be calculated by multiplying the
allowable ADM by Five Thousand Dollars ($5,000.00). In no case shall
allocations payable pursuant to this subsection be greater than One
Million Dollars ($1,000,000.00).
F. If monies in the School Consolidation Assistance Fund are
insufficient to make allocations to all qualified combined districts,
allocations shall be made based upon the determination of the State
Board of Education with preference given to school district
consolidation and annexation.
Added by Laws 1989, c. 323, § 4, eff. July 1, 1989. Amended by Laws
1989, 1st Ex. Sess., c. 2, § 10, operative July 1, 1990; Laws 1990,
c. 257, § 9, emerg. eff. May 23, 1990; Laws 1991, c. 280, § 59, eff.
July 1, 1991; Laws 1992, c. 111, § 1, emerg. eff. April 21, 1992;
Laws 1993, c. 361, § 4, eff. July 1, 1993; Laws 2003, c. 296, § 3,
eff. July 1, 2003; Laws 2006, c. 278, § 4, eff. July 1, 2006; Laws
2009, c. 448, § 4, eff. Nov. 1, 2009; Laws 2011, c. 338, § 2, eff.
July 1, 2011.
§70-7-203.1. Determination of number of districts intending to annex
or consolidate - Transfer of funds when qualified combined districts
is two or less.
*+,-11'121#+,, .;$$
Beginning July 1, 2006, and each year thereafter, the State Board
of Education shall determine the number of districts that notified
the Board of their intent to annex or consolidate by June 30 of the
previous fiscal year. If the Board determines the number of
qualified combined districts to be two or less, the Board is
authorized to transfer up to one-half of the funds transferred to the
School Consolidation Assistance Fund for that fiscal year for
allocation to the Financial Support of Public Schools for
distribution to school districts in the State Aid Formula, provided
in Section 18-200.1 of Title 70 of the Oklahoma Statutes. The State
Board of Education is further authorized to transfer up to one-half
of the funds not allocated to school districts for annexation or
consolidation for the fiscal year ending June 30, 2006, for
allocation to the Financial Support of Public Schools.
Added by Laws 2006, 2nd Ex.Sess., c. 50, § 36, eff. July 1, 2006.
§70-7-204. Preference for allocations from funds.
Consolidated districts and districts combined by annexation which
are created pursuant to the Oklahoma School Consolidation and
Annexation Act and districts that have entered into a mutual contract
with a superintendent shall have for three (3) subsequent consecutive
years after consolidation, annexation or the effective date of the
mutual contract preference for allocations from funds appropriated to
the State Board of Education for Community Education, Alternative and
High Challenge Schools, School/Community Network for Arts-in-
Education, Instructional Cooperative and Technical Education,
Advanced Placement Incentives, and for all other allocations made by
the Board on a competitive basis.
Added by Laws 1989, c. 323, § 5, eff. July 1, 1989. Amended by Laws
1991, c. 280, § 60, eff. July 1, 1991; Laws 1992, c. 281, § 1, eff.
July 1, 1992; Laws 2003, c. 296, § 4, eff. July 1, 2003; Laws 2009,
c. 448, § 5, eff. Nov. 1, 2009; Laws 2011, c. 338, § 3, eff. July 1,
2011.
§70-7-205. Exceptions to certification requirements - Priority for
placement assistance services.
When considering requests for exceptions to certification
requirements from districts created by consolidation or annexation
pursuant to the Oklahoma School Consolidation and Annexation Act for
personnel reassigned because of the consolidation or annexation, the
State Superintendent of Public Instruction and the State Board of
Education shall exercise the greatest degree of latitude that can be
regarded as consistent with acceptable professional practice.
Highest priority for placement assistance services of the State
Department of Education shall be afforded personnel for whom the
consolidated or annexing district has no assignment required.
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Added by Laws 1989, c. 323, § 8, eff. July 1, 1989; Laws 1991, c.
280, § 61, eff. July 1, 1991.
§70-7-206. Consolidation or annexation of elementary school district
with independent school district.
Elementary school districts which desire to consolidate with or
annex the entire territory comprising the school district to an
independent school district or districts in the transportation area
of their choice pursuant to the Oklahoma School Consolidation and
Annexation Act shall be authorized to enter into contracts with the
independent school district or districts whom they consolidate with
or annex to, which provide for up to a three-year moratorium on
school site closings within the consolidated or annexed elementary
district.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 11, operative July 1, 1990.
Amended by Laws 1990, c. 257, § 10, emerg. eff. May 23, 1990; Laws
1991, c. 3, § 9, eff. July 1, 1991.
§70-8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-8-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-6.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-8-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-8-9. Repealed by Laws 1968, c. 393, § 4.
§70-8-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-8-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
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§70-8-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-8-101. Right to transfer.
Any student residing in a school district that does not offer the
grade which the student is entitled to pursue shall be allowed to
transfer to a school district inside or outside of the transportation
area in which the student resides which offers the grade the student
is entitled to pursue. The district to which the student transfers
shall be referred to as the receiving district. A student shall be
limited to one transfer pursuant to this section. Thereafter, a
student may apply for any other kind of transfer for which the
student is eligible as provided for in the Education Open Transfer
Act.
Added by Laws 1971, c. 281, § 8-101, eff. July 2, 1971. Amended by
Laws 1989, c. 250, § 1, operative July 1, 1989; Laws 1991, c. 3, §
10, eff. July 1, 1991; Laws 1991, c. 280, § 62, eff. July 1, 1991;
Laws 2004, c. 55, § 1, emerg. eff. April 1, 2004.
§70-8-101.1. Short title.
Sections 20 through 29 of this act shall be known and may be
cited as the “Education Open Transfer Act”.
Added by Laws 1999, c. 320, § 19, eff. July 1, 1999.
§70-8-101.2. Transfer of student from residential school district.
A. On and after January 1, 2000, the transfer of a student from
the district in which the student resides to another school district
furnishing instruction in the grade the student is entitled to pursue
shall be granted if the transfer has the approval of the board of
education of the receiving district. A student granted a transfer
may continue to attend the school to which the student transferred
with the approval of the receiving district only. Any brother or
sister of a student granted a transfer and any child in the custody
of the Department of Human Services in foster care who is living in
the home of a student granted a transfer may attend the school to
which the student transferred with the approval of the receiving
district only. Except for a child in the custody of the Department
of Human Services in foster care, no student shall be permitted to
transfer more than once in any school year.
If the grade a student is entitled to pursue is not offered in
the district where the student resides, the transfer shall be
automatically approved.
B. When a student has been transferred and later changes
residence to another school district in the State of Oklahoma, the
student shall be entitled to continue to attend school in the
district to which the student was transferred. If a change of
residence is to the district to which the student was transferred,
*+,-11'121#+,, .;$)
upon affidavit of the parent of the student, that district shall
become the resident district. If a student changes residence to
another district during the school year which is not the same
district the student transferred to, the student shall be entitled to
attend school in either the receiving district or the new district of
residence for the remainder of the current year.
C. Any student transfer approved for any reason prior to January
1, 2000, shall continue to be valid and shall not be subject to the
Education Open Transfer Act unless the parent having custody chooses
otherwise.
Added by Laws 1999, c. 320, § 20, eff. July 1, 1999. Amended by Laws
2000, c. 232, § 8, eff. July 1, 2000; Laws 2015, c. 363, § 2, eff.
July 1, 2015.
§70-8-102. Repealed by Laws 1999, c. 320, § 57, eff. July 1, 1999.
§70-8-103. Application for transfer - Procedure.
A. In order that any student may be transferred, an application
form specified by the State Board of Education must be completed by
the parents of the student. For purposes of the Education Open
Transfer Act, the term "parent" means the parent of the student or
person having custody of the student as provided for in paragraph 1
of subsection A of Section 1-113 of this title. The application
shall be obtained from and filed with the superintendent of the
receiving school district for transfers to school districts in the
State of Oklahoma and with the State Board of Education for transfers
to school districts in another state. Except as otherwise provided
for in this section, applications shall be filed no later than May 31
of the school year preceding the school year for which the transfer
is desired. By May 31 of the same school year, the receiving school
district shall notify the resident school district that an
application for transfer has been filed by a student enrolled in the
resident school district. The board of education of the receiving
school district shall approve or deny the application for transfer
not later than July 15 of the same year and shall notify the parents
of the student of the decision. By August 1 of the same year, the
parents of the student shall notify the receiving school district
that the student will be enrolling in that school district. Failure
of parents to notify the district as required may result in loss of
the student's right to enroll in the district for that year.
B. On or before September 1, it shall be the duty of the
superintendent of the receiving school district to file with the
State Board of Education and each resident district a statement
showing the names of the students granted transfers to the school
district, the resident school district of the transferred students
and their respective grade level.
*+,-11'121#+,, .;$!
C. The receiving school district of a student transferred
pursuant to the provisions of this act shall notify the resident
school district and parents of the student of a cancellation of the
transfer. Such notice shall be made by July 15 prior to the school
year for which the cancellation is applicable.
D. For students who are deaf or hearing impaired who wish to
transfer to a school district with a specialized deaf education
program, applications may be filed at any time during the school
year. Upon approval of the receiving school district, the student
may transfer to the receiving school district at any time during the
school year.
Added by Laws 1971, c. 281, § 8-103, eff. July 2, 1971. Amended by
Laws 1989, 1st Ex.Sess., c. 2, § 89, operative July 1, 1990; Laws
1993, c. 239, § 35, eff. July 1, 1993; Laws 1994, c. 232, § 2, emerg.
eff. May 25, 1994; Laws 1999, c. 320, § 21, eff. July 1, 1999; Laws
2000, c. 232, § 9, eff. July 1, 2000; Laws 2003, c. 434, § 12; Laws
2006, c. 248, § 1, emerg. eff. June 7, 2006; Laws 2013, c. 184, § 1,
eff. Nov. 1, 2013.
NOTE: Laws 2013, c. 312, § 2 repealed by Laws 2014, c. 12, § 1, eff.
Nov. 1, 2014.
§70-8-103.1. Transfer of student not residing in district - Criteria
and standards - Children of military personnel.
A. A local school district board of education which receives a
request for a transfer for a student who does not reside in the
school district may refuse the transfer in accordance with the
provisions of the open transfer policy adopted by the local school
district board of education and subject to the provisions of
subsection B of this section. Each local board of education shall
adopt an open transfer policy for the school district which specifies
its criteria and standards for approval of transfers of students who
do not reside in the district. The policy shall include, but shall
not be limited to, provisions relating to the availability of
programs, staff, or space as criteria for approval or denial of
transfers. A school district may include in the policy as the basis
for denial of a transfer, the reasons outlined in Section 24-101.3 of
this title.
In considering requests for students to transfer into a school
district, the board of education shall consider the requests on a
first-come, first-serve basis. A school district shall not accept or
deny a transfer based on ethnicity, national origin, gender, income
level, disabling condition, proficiency in the English language,
measure of achievement, aptitude, or athletic ability.
Notwithstanding the provisions of the Education Open Transfer
Act, transfers of children with disabilities shall be granted as
authorized in Section 13-103 of this title.
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B. A local school district board of education shall adopt a
policy for the school district regarding the transfer of students who
are the dependent children of a member of the active uniformed
military services of the United States on full-time active duty
status and for whom Oklahoma is the home of record and students who
are the dependent children of a member of the military reserve on
active duty orders and for whom Oklahoma is the home of record. The
policy shall provide for the approval of the transfer if:
1. At least one parent of the student has a Department of
Defense-issued identification card;
2. At least one parent can provide evidence that he or she will
be on active duty status or active duty orders, meaning the parent
will be temporarily transferred in compliance with official orders to
another location in support of combat, contingency operation or a
natural disaster requiring the use of orders for more than thirty
(30) consecutive days; and
3. The student will be residing with a relative of the student
who lives in the receiving school district or who will be living in
the receiving school district within six (6) months of the filing of
the application for transfer.
Added by Laws 1999, c. 320, § 22, eff. July 1, 1999. Amended by Laws
2013, c. 285, § 2, eff. Nov. 1, 2013.
§70-8-103.2. Extramural athletic competition for transfer student
not residing in district.
Except as otherwise provided, a student who enrolls, pursuant to
the Education Open Transfer Act or pursuant to Section 2 of this act,
in a school district in which the student is not a resident shall not
be eligible to participate in school-related extramural athletic
competition governed by the Oklahoma Secondary School Activities
Association for a period of one (1) year from the first day of
attendance at the receiving school unless the transfer is from a
school district which does not offer the grade the student is
entitled to pursue. If the student is granted an emergency transfer
pursuant to Section 8-104 of this title, was granted a transfer for
any reason prior to January 1, 2000, or enrolls pursuant to the
Education Open Transfer Act and qualifies for a hardship waiver
pursuant to the rules of the Oklahoma Secondary School Activities
Association, eligibility to participate in school-related extramural
athletic competition shall be determined by the Oklahoma Secondary
School Activities Association.
Added by Laws 1999, c. 320, § 23, eff. July 1, 1999. Amended by Laws
2000, c. 232, § 10, eff. July 1, 2000; Laws 2006, c. 93, § 1, eff.
July 1, 2006.
§70-8-104. Emergency transfers - Emergency defined.
*+,-11'121#+,, .;$"
A. In addition to the transfer process provided in Section 8-103
of this title, students may be transferred on an emergency basis. A
written application for an emergency transfer designating the
district to which the transfer is desired shall be made by the parent
and filed with the superintendent of the receiving school district.
On an adequate showing of emergency the superintendent of the
receiving school district may make and order a transfer, subject to
approval by the State Board of Education. An emergency shall include
only:
1. The destruction or partial destruction of a school building;
2. The inability to offer the subject a pupil desires to pursue,
if the pupil becomes a legal resident of a school district after
February 1 of the school year immediately prior to the school year
for which the pupil is seeking the transfer;
3. A catastrophic medical problem of a student, which for
purposes of this section shall mean an acute or chronic serious
illness, disease, disorder or injury which has a permanently
detrimental effect on the body's system or renders the risk unusually
hazardous;
4. The total failure of transportation facilities;
5. The concurrence of both the sending and receiving school
districts;
6. The unavailability of remote or on-site Internet-based
instruction by course title in the district of residence for a
student identified as in need of drop-out recovery or alternative
education services, provided such student was enrolled at any time in
a public school in this state during the previous three (3) school
years;
7. The unavailability of a specialized deaf education program
for a student who is deaf or hearing impaired; or
8. When a student has been the victim of harassment,
intimidation and bullying as defined in Section 24-100.3 of this
title, upon verification by the receiving school district that the
student has been the victim of harassment, intimidation or bullying
and that the sending school district was notified of the incident or
incidents prior to the filing of the application for transfer.
B. An emergency transfer previously made may be canceled, with
the concurrence of the board of the receiving district and the
parent.
Added by Laws 1971, c. 281, § 8-104, eff. July 8, 1971. Amended by
Laws 1981, c. 353, § 3; Laws 1984, c. 151, § 1, emerg. eff. April 19,
1984; Laws 1993, c. 239, § 36, eff. July 1, 1993; Laws 1994, c. 168,
§ 2, eff. July 1, 1994; Laws 1996, c. 319, § 2, eff. July 1, 1996;
Laws 1997, c. 343, § 3, eff. July 1, 1997; Laws 1999, c. 320, § 24,
eff. July 1, 1999; Laws 2002, c. 453, § 3, eff. July 1, 2002; Laws
2004, c. 319, § 1, emerg. eff. May 20, 2004; Laws 2013, c. 85, § 1,
emerg. eff. April 22, 2013.
*+,-11'121#+,, .;$
§70-8-105. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-8-106. School dispensed with - Transfer of pupils - Annexation.
A. Upon a majority vote of the electors in a school district
voting at the annual school district election or at a special school
district election called for such purpose and held not later than
June 30, either a high school or a grade school, or both, shall be
dispensed with for the ensuing year. An election for such purpose
shall also be held upon petition for an election, signed by forty
percent (40%) of the school district electors. To calculate the
sufficiency of the number of signatures on a petition, the forty
percent (40%) figure shall be applied to the highest number of voters
voting in a regular school election in the school district in the
preceding five (5) years as determined by the secretary of the county
election board. The secretary of the county election board shall
certify the sufficiency of the number of signatures on the petition.
The election shall be conducted by the county election board in
accordance with Sections 13A-101 through 13A-111 of Title 26 of the
Oklahoma Statutes. The secretary of the county election board shall
notify the State Board of Education of the results of every election
held to dispense with school.
B. All of the pupils who would be entitled to attend school in
the grades dispensed with shall be transferred to another school
district or districts maintaining courses of instruction which such
pupils are entitled to pursue. The parent or guardian of each child
to be transferred shall be required to file an application for the
transfer of the child or children with the State Department of
Education, within ten (10) days after the results of the election are
declared. The procedures for such transfers shall be determined by
the State Board of Education.
C. Any school district which dispenses with its entire school
district for the ensuing year, as provided herein, shall be
mandatorily annexed on July 1 by the State Board of Education to
another school district or other districts to which pupils of such
dispensed school district have been transferred. Provided, if a
school district does not officially dispense with its school and
fails to open or maintain a school for such ensuing year, the State
Board of Education, except in cases where reasons over which the
district had no control causes a normal delay in the opening or
maintenance of such school, shall at its next regular meeting, annex
such school district to another school district or other districts to
which pupils have been transferred. Provided further that if a
school district does not have an average daily attendance that meets
the State Board of Education regulations for accrediting purposes and
does not dispense with its school by June 30, the State Board of
*+,-11'121#+,, .;(
Education shall annex such district to the high school transportation
area in which the district is situated at the first regular or
special meeting in July.
Laws 1971, c. 281, § 8-106, eff. July 2, 1971; Laws 1990, c. 284, §
1, eff. Sept. 1, 1990; Laws 1992, c. 324, § 13, eff. July 1, 1992;
Laws 1993, c. 239, § 37, eff. July 1, 1993.
§70-8-107. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-8-108. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-8-109. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122,
operative July 1, 1990.
§70-8-110. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-8-111. Repealed by Laws 1981, c. 356, § 7.
§70-8-112. Student transfer fees abolished - Other fees unaffected -
Contract to waive transfer fees prohibited - Transfer forms.
A. Except as provided in subsection B of this section, on and
after July 1, 1990, no school district shall be required to pay and
no school district shall charge any other school district a fee for
the transfer of a student. Specifically, transfer fees shall not be
permitted for transfers between elementary school districts, for
transfers between independent school districts or for transfers
between independent school districts and elementary school districts.
B. Nothing herein shall prevent the payment or charging of any
other fee for the transfer of a student as required by law. Except
as otherwise provided for in the Education Open Transfer Act, school
districts shall not be permitted to contract to waive transfer fees
with regard to special education pupil transfers.
C. The State Board of Education shall establish the necessary
and appropriate application forms sufficient to enable school
districts to accomplish transfers and to comply with the provisions
of Sections 8-101 through 8-106 of this title. Upon establishment of
such forms, the State Board of Education shall notify each school
district of the content thereof.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 92, operative July 1, 1990.
Amended by Laws 1991, c. 3, § 12, eff. July 1, 1991; Laws 1991, c.
280, § 63, eff. July 1, 1991; Laws 1993, c. 239, § 38, eff. July 1,
1993; Laws 1999, c. 320, § 25, eff. July 1, 1999.
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§70-8-113. Transfer to district where parent or legal guardian is
teacher.
A student shall be allowed to transfer to a school district in
which the parent or legal guardian of the student is employed as a
teacher, as defined in Section 1-116 of Title 70 of the Oklahoma
Statutes, upon the approval of the receiving district only.
Added by Laws 2006, c. 93, § 2, eff. July 1, 2006.
§70-9-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-9-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-9-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-9-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-9-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-9-6. Repealed by Laws 1955, p. 445, § 55.
§70-9-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-9-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-9-9. Repealed by Laws 1961, p. 553, § 1.
§70-9-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
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§70-9-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-9-20. Repealed by Laws 1961, p. 553, § 1.
§70-9-101. Transportation provided.
A. Any school district may provide transportation for any child
who is participating in any prekindergarten or early childhood
program operated by the school district or any child who is
participating in any Head Start program offered within the school
district.
B. Upon a request for a student transfer pursuant to the
provisions of the Education Open Transfer Act, if the parent of the
student requests that the receiving district provide transportation
for the student, and if the receiving district grants the transfer,
then the receiving district may provide such transportation only
within the boundaries of the receiving school district. A receiving
school district shall not cross school district boundaries to
transport a kindergarten through eighth-grade student transferred
pursuant to the Education Open Transfer Act except as otherwise
authorized in Section 9-105 of this title.
C. Any school district may provide transportation for each
student who should attend any public elementary or secondary school
when, and only when, transportation is necessary for accomplishment
of one of the following purposes:
1. To provide adequate educational facilities and opportunities
which otherwise would not be available, which shall include those
purposes provided in the Education Open Transfer Act; and
2. To transport students whose homes are more than a reasonable
walking distance, as defined by regulations of the State Board of
Education, from the school attended by such student. Provided, that
no state funds shall be paid for the transportation of a student
whose residence is within one and one-half (1 1/2) miles from the
school attended by such student.
Added by Laws 1971, c. 281, § 9-101, eff. July 2, 1971. Amended by
Laws 1973, c. 211, § 32, emerg. eff. May 22, 1973; Laws 1987, c. 104,
§ 1, emerg. eff. May 22, 1987; Laws 1989, c. 335, § 4, eff. July 1,
1989; Laws 1999, c. 320, § 26, eff. July 1, 1999.
§70-9-101.1. Inspection of transportation equipment - Official
inspector.
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A. The board of education of any school district furnishing
transportation shall require that all transportation equipment, as
defined in paragraph 1 of subsection A of Section 9-104 of this
title, operated by that school district be inspected once a year by
an official inspector, as designated by the State Board of Education,
to verify that the transportation equipment is being maintained and
operated in accordance with all the requirements of the rules of the
State Board of Education and state and federal law. The inspection
shall include an examination and test of the brakes, steering, front
and rear wheel suspension, exhaust systems, wheels and tires,
windshield wipers, horn or warning device, proper adjustment of turn
signals, windshield, and other glass and lighting equipment, and if
applicable, stop signal arms, and emergency exits and equipment. A
record of the inspection shall be maintained by the school district
and shall be available for inspection upon request.
B. For purposes of this section, “official inspector” means a
person who, by training and experience specified by rule promulgated
by the State Board of Education, is eligible to conduct inspections.
C. Failure to comply with subsection A of this section shall
result in a loss of state funds to that school district in an amount
to be determined by the State Board of Education.
D. The Oklahoma Department of Public Safety may perform
inspections of all school transportation equipment and inspection
records.
Added by Laws 2002, c. 185, § 1. Amended by Laws 2008, c. 439, § 5,
eff. July 1, 2008.
§70-9-103. Purchase or contract for use of vehicles - Lettering.
The board of education of any school district authorized to
furnish transportation to school children may purchase and maintain
suitable vehicles for such use and/or may contract with responsible
individuals or another school district to furnish all or part of said
transportation. All such contractors, however, shall be subject to
statutory provisions relating to the transportation of school
children. Every vehicle with a capacity of ten passengers or more
used in transporting school children shall have painted in letters
not less than eight (8) inches in height on the front thereof the
words, "SCHOOL BUS," and on the rear thereof in letters of the same
size, "SCHOOL BUS."
Laws 1971, c. 281, § 9-103, eff. July 2, 1971; Laws 1973, c. 112, §
4.
§70-9-104. Transportation equipment - Definitions - Construction and
maintenance - Colors - Penalty.
A. As used in this title:
1. “Transportation equipment” means any vehicle or conveyance
used for transportation of pupils from their homes to school and from
*+,-11'121#+,, .;(
school to their homes when the cost of rent, lease, purchase,
maintenance, or operation of said vehicle or conveyance is defrayed
in whole or in part from public school funds; and
2. “Auxiliary transportation equipment” includes but is not
limited to equipment used for transporting students to and from
extracurricular activities but does not include transportation
equipment used for transporting students from their homes to school
and from school to their homes.
B. 1. All transportation equipment shall be of such
construction as to provide safe, comfortable and economical
transportation of passengers. All such equipment which is used to
transport ten or more public school children at one time shall be
constructed, maintained and operated in accordance with all
requirements of laws of the State of Oklahoma and rules of the State
Board of Education.
2. All auxiliary transportation equipment shall be of such
construction as to provide safe, comfortable and economical
transportation of passengers. All auxiliary transportation equipment
which is used to transport ten or more public school children at one
time shall be constructed and maintained in accordance with all
requirements of laws of this state.
C. Nothing in this act shall prevent the bidding by and purchase
of new or used transportation equipment or new or used auxiliary
transportation equipment from out-of-state dealers so long as they
comply with Section 561 et seq. of Title 47 of the Oklahoma Statutes
regulating and licensing manufacturers, distributors, dealers,
salesmen, etc., and hold a current motor vehicle dealers’ license.
D. Notwithstanding any other provision of law, a district board
of education may paint or purchase auxiliary transportation equipment
in a color or colors other than National School Bus Yellow.
E. Any person violating the provisions of this section shall be
guilty of a misdemeanor.
Added by Laws 1971, c. 281, § 9-104, eff. July 2, 1971. Amended by
Laws 1974, c. 244, § 2; Laws 1994, c. 138, § 1, eff. July 1, 1994;
Laws 2004, c. 533, § 1, eff. July 1, 2004.
§70-9-105. Boundaries of areas of transportation - Definite routes -
Withholding state funds for noncompliance - Rules and regulations.
A. The State Board of Education shall determine and fix definite
boundaries of the area in which each school district shall provide
transportation for each school. When an elementary school district
is surrounded by an independent school district, the independent
school district must be designated as the transportation area for the
high school students in the elementary school district.
B. The State Board of Education is authorized to establish
definite routes in each transportation area, and it shall be the
further duty of said Board to make rules and regulations as to the
*+,-11'121#+,, .;()
manner in which said area and routes may be established or changed.
Except as otherwise provided in this section, state funds payable to
a district shall be withheld for a failure or refusal to confine its
transportation to the area and routes designated by the State Board
of Education or to comply with the rules and regulations of the State
Board of Education. State funds payable to a school district shall
not be withheld in the following circumstances:
1. When, based upon the mutual agreement of the two
participating school districts, a school district offering special
education classes extends its transportation program to include the
transportation of students qualifying for special education in an
adjacent school district which does not offer special education
classes, for the purpose of offering its special education classes to
said students; or
2. When, by resolutions of the boards of education of two
participating districts, the districts agree that one or both of the
districts may extend its transportation program into the other
participating district to provide transportation for students who
reside in such other participating district and who, by agreement of
the participating districts, are, or will be, attending school in the
district that has agreed to furnish transportation for the students.
C. The State Board shall promulgate rules as are necessary to
implement the provisions of this section.
Laws 1971, c. 281, § 9-105, eff. July 2, 1971; Laws 1976, c. 273, §
24, emerg. eff. June 17, 1976; Laws 1991, c. 3, § 13, eff. July 1,
1991; Laws 1992, c. 254, § 7, emerg. eff. May 22, 1992.
§70-9-106. Insurance to pay damages - Actions against school
district.
The board of education of any school district authorized to
furnish transportation may purchase insurance for the purpose of
paying damages to persons sustaining injuries proximately caused by
the operation of motor vehicles used in transporting school children.
The operation of said vehicles by school districts, however, is
hereby declared to be a public governmental function, and no action
for damages shall be brought against a school district under the
provisions of this section but may be brought against the insurer,
and the amount of the damages recoverable shall be limited in amount
to that provided in the contract of insurance between the district
and the insurer and shall be collectible from said insurer only. The
provisions of this section shall not be construed as creating any
liability whatever against any school district which does not provide
said insurance.
Added by Laws 1971, c. 281, § 9-106, eff. July 2, 1971.
§70-9-107. Rules of the road.
*+,-11'121#+,, .;(!
Each school bus shall be operated in conformity with all rules of
the road duly established by law and shall observe traffic
requirements for the route which it travels.
Added by Laws 1971, c. 281, § 9-107, eff. July 2, 1971.
§70-9-108. Additional transportation - Expenses.
The board of education of any school district furnishing
transportation is hereby authorized to furnish, in addition to free
transportation to and from school, transportation within or without
the district, within or outside of this state, for children attending
the schools of that district, for the purpose of attending
cocurricular and extracurricular activities. Two or more districts
may enter into agreements for the furnishing of such transportation.
The expense of any such additional transportation shall be paid by
the children so transported, by the school activity or school
organization receiving benefit from such transportation, or from
other private sources. Money so collected shall not be chargeable to
or become a part of the school district's finances.
Added by Laws 1971, c. 281, § 9-108, eff. July 2, 1971. Amended by
Laws 1994, c. 290, § 70, eff. July 1, 1994; Laws 2001, c. 33, § 86,
eff. July 1, 2001; Laws 2005, c. 472, § 12, eff. July 1, 2005.
§70-9-109. Price list and description of transportation equipment.
The State Board of Education is hereby authorized to request a
price list and a complete description and specifications of any
transportation equipment to be offered for sale to any school board
or board of education of any district in the State of Oklahoma.
The State Board of Education shall examine such equipment to
determine whether or not such equipment meets the requirements of the
National School Bus Standards and such other specifications as the
State Board of Education may determine as necessary to provide safe
transportation for pupils to and from school and shall approve for
sale to all schools in the State of Oklahoma transportation
equipment, including bus bodies and chassis, which equipment meets or
exceeds the specifications provided for the National School Bus
Standards and such other specifications as the State Board of
Education may deem as necessary. Any equipment fueled by alternative
fuels as defined in Section 130.13 of Title 74 of the Oklahoma
Statutes shall also meet any federal safety standards specified for
any equipment used to provide transportation for pupils to and from
school. The State Board of Education may approve auxiliary
transportation equipment that is not National School Bus Yellow in
color.
The State Board of Education shall make a list of the equipment
approved by them and the maximum price at which such equipment can be
purchased. The list shall include a complete description of the
equipment. Such description shall include the specification of the
*+,-11'121#+,, .;(
school bus bodies and chassis as well as the factory list price of
such equipment at the various factories. Such list shall be made
available to all school districts authorized to purchase
transportation equipment. Provided, at any time there shall be any
change of specifications or prices by manufacturers of chassis or
bodies, there shall be filed with the State Board of Education a
revised set of specifications and prices.
The school board or board of education of any school district
authorized to furnish transportation for pupils to and from school
and receiving any State Aid funds, except as provided for in this
section, shall be required to purchase all their transportation
equipment from the list so provided on sealed bids and at a price not
greater than the price filed with the State Board of Education; and
the State Board of Education shall be required to deduct from any
State Aid for which the school district may qualify the amount paid
by any school district for transportation equipment not approved by
the State Board of Education or the amount paid greater than shown on
the price list for that transportation equipment filed with the State
Board of Education. Unless otherwise exempted by this section, all
purchases made under the provisions of this act for transportation
shall be made upon sealed bids, and contract of purchase shall be
awarded to the lowest and best bidder.
Provided, however, any purchase or sale of used transportation
equipment shall not be subject to the list and sealed bid
requirements as provided for in this section.
The State Board of Education shall adopt rules necessary for the
administration of this section and shall require from school district
boards of education such information and reports as necessary for
proper administration of this section.
Any cost of administration of this section shall be paid by the
State Board of Education from funds appropriated for the
administration of the State Aid Law.
Added by Laws 1971, c. 281, § 9-109, eff. July 2, 1971. Amended by
Laws 1990, c. 294, § 16, operative July 1, 1990; Laws 1994, c. 138, §
2, eff. July 1, 1994; Laws 1995, c. 176, § 1, eff. July 1, 1995; Laws
2002, c. 397, § 32, eff. Nov. 1, 2002; Laws 2005, c. 472, § 13, eff.
July 1, 2005.
§70-9-110. Special Transportation Revolving Fund.
There is hereby created a revolving fund, to be known and
designated as the "Special Transportation Revolving Fund," which
shall consist of all appropriations made for the purposes hereinafter
designated and shall also include all proceeds resulting from the use
and/or resale of pupil-transportation equipment purchased out of
monies in said revolving fund. Said revolving fund shall be a
continuing fund and shall be nonfiscal in character.
Added by Laws 1971, c. 281, § 9-110, eff. July 2, 1971.
*+,-11'121#+,, .;("
§70-9-111. Use of fund.
The State Board of Education through the Director of Finance is
hereby authorized to use the "Special Transportation Revolving Fund"
for the purchase of pupil-transportation equipment suitable for the
transportation of children to and from the common schools and to make
one or more units of such pupil-transportation equipment available
for use by any school district in the State of Oklahoma which is
either required or authorized by statute to provide free
transportation to and from school for children legally residing in
such district or legally transferred thereto and entitled to attend
school therein, but which school district does not have sufficient
funds available, and, because of then existing indebtedness, may not
legally issue its bonds for the purchase of other pupil-
transportation equipment. Provided, such equipment shall be
purchased from the list of approved equipment as provided for in
Section 9-109 and at a price not greater than the price so approved.
Provided, further, the school board or board of education of any
school district desiring to rent such equipment shall select from the
approved list the equipment they desire before the State Board of
Education shall be authorized to purchase transportation equipment
for rental to any district. Provided, further, the State Board of
Education shall not be authorized to act in behalf of any school
district in the purchase of any transportation equipment except as
provided for in this act.
Added by Laws 1971, c. 281, § 9-111, eff. July 2, 1971.
§70-9-112. Lease of equipment.
Any such eligible school district and the State Board of
Education may enter into a lease contract, in writing, for the use by
such school district of one or more of such pupil-transportation
equipment units during the then current fiscal year, at the annual
rental value of such unit or units determined in the manner provided
for herein, but which contract may be entered into only against a
then current item of appropriation for "Transportation Operation."
Any school district which lawfully leases one or more of such pupil-
transportation equipment units from the State Board of Education
during any fiscal year shall be eligible to enter into a like
contract for the same unit or units during and for the ensuing fiscal
year, and shall also be eligible to purchase the same such units, as
provided for herein, even though such district then has sufficient
funds available or may then legally issue its bonds for the purchase
of other pupil-transportation equipment.
Added by Laws 1971, c. 281, § 9-112, eff. July 2, 1971.
§70-9-113. Rental value of equipment.
*+,-11'121#+,, .;(
The State Board of Education shall fix the annual rental value of
each particular unit of such pupil-transportation equipment at an
amount not less than that required to amortize the original total
cost of that unit by five (5) years' rental thereof.
Added by Laws 1971, c. 281, § 9-113, eff. July 2, 1971.
§70-9-114. Sale of units of equipment after lease for one year.
The State Board of Education may sell any particular unit of such
pupil-transportation equipment to an eligible school district, at any
time after such unit has been leased for one (1) fiscal year, for an
amount not less than the original total cost of such unit less
rentals actually paid for the use of such unit; provided, however, in
so selling any such unit, preference shall be given to the school
district leasing such unit during the then preceding fiscal year.
Added by Laws 1971, c. 281, § 9-114, eff. July 2, 1971.
§70-9-115. Care of equipment.
Any school district leasing any such pupil-transportation
equipment from the State Board of Education shall at its own cost and
expense procure such equipment from the State Board of Education,
keep such equipment, including all tires, tubes and accessories
thereon and therewith, in good repair during the time the same shall
be in its possession, and, at the expiration of the term of such
lease, unless such equipment be purchased or again leased by such
district, return such equipment to the State Board of Education in as
good condition as when received, ordinary wear and tear alone
excepted. Any tire or tube needing to be replaced while such
equipment is in the possession of a school district shall be replaced
by, and at the expense of, such district.
Added by Laws 1971, c. 281, § 9-115, eff. July 2, 1971.
§70-9-116. Space for storage of equipment.
The State Board of Education is hereby authorized to procure
space for the storage of such pupil-transportation units while not in
the possession of a school district and to pay the necessary cost
thereof from the "Special Transportation Revolving Fund." When any
such unit is returned to the State Board of Education, said board is
hereby authorized to recondition same, and to pay necessary cost of
such reconditioning, including the cost of any new tires or tubes
required for such purpose, from said "Special Transportation
Revolving Fund."
Added by Laws 1971, c. 281, § 9-116, eff. July 2, 1971.
§70-9-117. Expense - Paid from what funds.
Any costs or expense necessarily incurred by the State Board of
Education in the administration of the foregoing provisions relating
to the "Special Transportation Revolving Fund" shall be paid from
*+,-11'121#+,, .;
funds appropriated or allocated for the administration of laws
providing for the payment of State Aid to school districts in the
same manner that expenses of administration of such laws are paid.
Added by Laws 1971, § 281, § 9-117, eff. July 2, 1971.
§70-9-118. Operation instruction for bus drivers.
Except in case of emergency, anyone who operates, as a driver, a
school bus whether a contractor for private hire or an employee of
the school district for the transportation of students enrolled in
the public schools of the district shall complete a course of
instruction pertaining to the operation of a school bus. Said course
to be approved by the State Department of Education and the district
involved.
Added by Laws 1973, c. 112, § 5.
§70-9-119. Cameras for School Bus Stops Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Board of Education to be designated the "Cameras
for School Bus Stops Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the State Board of Education from fines
collected from school bus stop violations pursuant to Section 11-705
of Title 47 of the Oklahoma Statutes, any state-appropriated funds,
federal funds, donations, grants, contributions, and gifts from any
public or private source. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
State Board of Education for the purposes of providing grants to
public school districts as provided for in subsection B of this
section. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
B. Contingent upon the amount of funds available in the Cameras
for School Bus Stops Revolving Fund, the State Board of Education
shall award one or more grants annually to public school districts in
the state. The grants shall be used by the districts for
installation of camera equipment on buses to aid in identifying
drivers violating the provisions of Section 11-705 of Title 47 of the
Oklahoma Statutes. The Board shall determine the criteria for and
establish a process for the submission of grant applications. The
applications shall be considered on a statewide competitive basis.
The Board shall promulgate rules for the implementation of the grants
issued pursuant to this section.
Added by Laws 2019, c. 145, § 2, eff. Nov. 1, 2019.
§70-10-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;
§70-10-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-4. Repealed by Laws 1969, c. 159, § 2.
§70-10-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-10-101. Attendance officer - Assistants.
Except as provided in Section 10-102.1 of this title, the board
of education of each school district shall appoint, or may employ,
and fix the compensation of an attendance officer and such assistants
as may be necessary, who shall serve under the authority and
supervision of the board of education and the district superintendent
of schools. Provided, that the same person may be appointed or
employed as an attendance officer or assistant for two or more school
districts.
Added by Laws 1971, c. 281, § 10-101, eff. July 2, 1971. Amended by
Laws 1989, c. 178, § 1, operative July 1, 1989; Laws 1991, c. 3, §
*+,-11'121#+,, .;$
14, eff. July 1, 1991; Laws 1994, c. 232, § 3, emerg. eff. May 25,
1994.
§70-10-102. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-10-102.1. Police as attendance officers.
The board of education of each school district may enter into an
agreement with the municipal police department serving the school
district which provides that some or all of the duties of an
attendance officer for the school district shall be performed by a
certified police officer of the municipality. The agreement may
further provide that the compensation and necessary traveling
expenses of such attendance officer shall be payable from municipal
funds.
Added by Laws 1989, c. 178, § 3, operative July 1, 1989. Amended by
Laws 1994, c. 232, § 4, emerg. eff. May 25, 1994.
§70-10-103. Repealed by Laws 1986, c. 259, § 65, operative July 1,
1986.
§70-10-103.1. Legal average daily attendance.
The school population, scholastic population, scholastic
enumeration, and enumeration of a district shall be the legal average
daily attendance. The legal average daily attendance shall be the
average number of pupils present in a school district during a year
or other specified period of time. The State Board of Education
shall determine the legal average daily attendance for each school
district by dividing the aggregate days of pupils present in each
school district by the number of days taught in each school district.
Added by Laws 1986, c. 259, § 56, operative July 1, 1986. Amended by
Laws 1987, c. 204, § 116, operative July 1, 1987.
§70-10-103.2. Student information referral procedure.
By January 1, 1995, each school district in this state shall
develop a student information referral procedure whereby the Oklahoma
State Bureau of Investigation would, if authorized by a parent or
legal guardian at any time, have access through a designated district
employee to information currently maintained by the school district
not prohibited from being released to law enforcement officers by
state or federal law regarding past and present students in the
district including but not limited to names of the parents of the
student and their addresses.
Added by Laws 1994, c. 132, § 3, eff. Sept. 1, 1994.
§70-10-104. State Treasurer and Secretary of School Land Department
- Report.
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The State Board of Education shall file with the Secretary of the
School Land Commission a report, duly certified, showing the school
population for the preceding school year of each school district.
School population shall be determined as provided for in Section 10-
103.1 of this title. The report so filed shall be the basis for
making the apportionments of state school land earnings during the
following fiscal year.
Amended by Laws 1986, c. 259, § 57, operative July 1, 1986; Laws
1999, c. 292, § 6, eff. July 1, 1999.
§70-10-105. Neglect or refusal to compel child to attend school -
Exceptions - Enforcement.
A. It shall be unlawful for a parent, guardian, or other person
having custody of a child who is over the age of five (5) years, and
under the age of eighteen (18) years, to neglect or refuse to cause
or compel such child to attend and comply with the rules of some
public, private or other school, unless other means of education are
provided for the full term the schools of the district are in session
or the child is excused as provided in this section. One-half (1/2)
day of kindergarten shall be required of all children five (5) years
of age or older unless the child is excused from kindergarten
attendance as provided in this section. A child who is five (5)
years of age shall be excused from kindergarten attendance until the
next school year after the child is six (6) years of age if a parent,
guardian, or other person having custody of the child notifies the
superintendent of the district where the child is a resident by
certified mail prior to enrollment in kindergarten, or at any time
during the first school year that the child is required to attend
kindergarten pursuant to this section, of election to withhold the
child from kindergarten until the next school year after the child is
six (6) years of age. A kindergarten program shall be directed
toward developmentally appropriate objectives for such children. The
program shall require that any teacher employed on and after January
1, 1993, to teach a kindergarten program within the public school
system shall be certified in early childhood education. All teachers
hired to teach a kindergarten program within the public school system
prior to January 1, 1993, shall be required to obtain certification
in early childhood education on or before the 1996-97 school year in
order to continue to teach a kindergarten program.
B. It shall be unlawful for any child who is over the age of
twelve (12) years and under the age of eighteen (18) years, and who
has not finished four (4) years of high school work, to neglect or
refuse to attend and comply with the rules of some public, private or
other school, or receive an education by other means for the full
term the schools of the district are in session.
Provided, that this section shall not apply:
*+,-11'121#+,, .;
1. If any child is prevented from attending school by reason of
mental or physical disability, to be determined by the board of
education of the district upon a certificate of the school physician
or public health physician, or, if no such physician is available, a
duly licensed and practicing physician;
2. If any child is excused from attendance at school, due to an
emergency, by the principal teacher of the school in which such child
is enrolled, at the request of the parent, guardian, custodian or
other person having control of such child;
3. If any child who has attained his or her sixteenth birthday
is excused from attending school by written, joint agreement between:
a. the school administrator of the school district where
the child attends school, and
b. the parent, guardian or custodian of the child.
Provided, further, that no child shall be excused from
attending school by such joint agreement between a
school administrator and the parent, guardian or
custodian of the child unless and until it has been
determined that such action is for the best interest of
the child and/or the community, and that said child
shall thereafter be under the supervision of the
parent, guardian or custodian until the child has
reached the age of eighteen (18) years;
4. If any child is excused from attending school for the purpose
of observing religious holy days if before the absence, the parent,
guardian, or person having custody or control of the student submits
a written request for the excused absence. The school district shall
excuse a student pursuant to this subsection for the days on which
the religious holy days are observed and for the days on which the
student must travel to and from the site where the student will
observe the holy days; or
5. If any child is excused from attending school for the purpose
of participating in a military funeral honors ceremony upon approval
of the school principal.
C. It shall be the duty of the attendance officer to enforce the
provisions of this section. In the prosecution of a parent,
guardian, or other person having custody of a child for violation of
any provision of this section, it shall be an affirmative defense
that the parent, guardian, or other person having custody of the
child has made substantial and reasonable efforts to comply with the
compulsory attendance requirements of this section but is unable to
cause the child to attend school. If the court determines the
affirmative defense is valid, it shall dismiss the complaint against
the parent, guardian, or other person having custody of the child and
shall notify the school attendance officer who shall refer the child
to the district attorney for the county in which the child resides
*+,-11'121#+,, .;)
for the filing of a Child in Need of Supervision petition against the
child pursuant to the Oklahoma Juvenile Code.
D. Any parent, guardian, custodian, child or other person
violating any of the provisions of this section, upon conviction,
shall be guilty of a misdemeanor, and shall be punished as follows:
1. For the first offense, a fine of not less than Twenty-five
Dollars ($25.00) nor more than Fifty Dollars ($50.00), or
imprisonment for not more than five (5) days, or both such fine and
imprisonment;
2. For the second offense, a fine of not less than Fifty Dollars
($50.00) nor more than One Hundred Dollars ($100.00), or imprisonment
for not more than ten (10) days, or both such fine and imprisonment;
and
3. For the third or subsequent offense, a fine of not less than
One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars
($250.00), or imprisonment for not more than fifteen (15) days, or
both such fine and imprisonment.
Each day the child remains out of school after the oral and
documented or written warning has been given to the parent, guardian,
custodian, child or other person or the child has been ordered to
school by the juvenile court shall constitute a separate offense.
E. At the trial of any person charged with violating the
provisions of this section, the attendance records of the child or
ward may be presented in court by any authorized employee of the
school district.
F. The court may order the parent, guardian, or other person
having custody of the child to perform community service in lieu of
the fine set forth in this section. The court may require that all
or part of the community service be performed for a public school
district.
G. The court may order as a condition of a deferred sentence or
as a condition of sentence upon conviction of the parent, guardian,
or other person having custody of the child any conditions as the
court considers necessary to obtain compliance with school attendance
requirements. The conditions may include, but are not limited to,
the following:
1. Verifying attendance of the child with the school;
2. Attending meetings with school officials;
3. Taking the child to school;
4. Taking the child to the bus stop;
5. Attending school with the child;
6. Undergoing an evaluation for drug, alcohol, or other
substance abuse and following the recommendations of the evaluator;
and
7. Taking the child for drug, alcohol, or other substance abuse
evaluation and following the recommendations of the evaluator, unless
excused by the court.
*+,-11'121#+,, .;!
Added by Laws 1971, c. 281, § 10-105, eff. July 2, 1971. Amended by
Laws 1975, c. 164, § 1, emerg. eff. May 20, 1975; Laws 1977, c. 155,
§ 1, emerg. eff. June 3, 1977; Laws 1979, c. 248, § 4; Laws 1989, 1st
Ex.Sess., c. 2, § 14, emerg. eff. April 25, 1990; Laws 1992, c. 262,
§ 5, emerg. eff. May 22, 1992; Laws 1994, c. 220, § 2, eff. July 1,
1994; Laws 1995, c. 270, § 1, eff. July 1, 1995; Laws 2003, c. 434, §
14; Laws 2006, c. 210, § 1, eff. July 1, 2006; Laws 2010, c. 57, § 1,
eff. July 1, 2010.
§70-10-105.1. Blank.
§70-10-105.2. Outreach agreements - Promotion of parental visits -
Employees may have time off for parent-teacher conferences.
A. It shall be a policy of the State Board of Education to
encourage each public school to explore outreach opportunities such
as agreements with the parents of each child enrolled in school.
1. Such agreement may describe the beneficial relationship
between parental interest and pupil achievement and provide an
agreement that a child will achieve higher levels of competency if
parents will guarantee that their child will attend school, behave
satisfactorily while there, and complete homework. As part of the
agreement, the school may state its intention to provide free
remediation if a child fails to attain the necessary standards of
competency.
2. Such agreement may also emphasize the importance of parent-
teacher conferences. The agreement should note the days of the
school year reserved for professional meetings and staff development
and state that on these days teachers are available to meet with
parents. Teachers should also be encouraged to schedule conferences
to accommodate working parents. Teachers should strive to hold at
least one conference with each student's parents at least once each
semester.
B. The State Board of Education also shall require each local
board of education to develop initiatives to promote schools as
congenial places for parents to visit.
C. The State Board of Education shall also establish a program
for encouraging private employers to give employees who have children
in preschool programs, kindergarten, or school programs time off to
visit the schools for parent-teacher conferences at least once each
semester.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 34, emerg. eff. April 25,
1990.
§70-10-105.3. Parent education programs.
*+,-11'121#+,, .;
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B. The program shall emphasize the importance of the parents of
children as a child's first and most influential teachers. The
parent education programs currently offered in other states should be
examined as possible models for the Oklahoma program.
C. The State Department of Education shall provide or contract
with an organization to provide for technical assistance for training
and implementation of the program of parent education developed by
the Department pursuant to subsection A of this section. To be
eligible for a technical assistance contract, an applicant shall be
an affiliate member of a national organization or association
providing parent education training, have at least two (2) years'
experience in implementation of a program of parent education which
provides practical information and guidance to parents, and have at
least one staff member with a degree above the baccalaureate level
who has expertise in Child Development or Early Childhood Education.
Technical assistance shall include assistance with training on
program organization, management, implementation, and fundraising
techniques for groups seeking to implement a program of parent
education and existing parent education programs throughout the
state. The technical assistance provider shall compile a report
utilizing data collected from the State Department of Education on
the status of parent education programs operating pursuant to this
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section in Oklahoma, including the locations and descriptions of the
programs, the sources of funding for the programs, and pending
applications for funding. The report shall be filed on or before
April 1 of each year with the Governor, the Legislature, and the
State Board of Education.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 35, emerg. eff. April 25,
1990. Amended by Laws 1992, c. 324, § 14, eff. July 1, 1992; Laws
1992, c. 373, § 17, eff. July 1, 1992; Laws 1994, c. 392, § 1, eff.
July 1, 1994; Laws 2002, c. 437, § 2, eff. July 1, 2002; Laws 2015,
c. 217, § 2, eff. Nov. 1, 2015.
§70-10-105.4. Pilot early childhood program - Applications from
private sector - Matching funds.
The State Board of Education shall establish a pilot early
childhood program to consist of private donations and state funds
that will serve at-risk children in at least one urban area and one
rural area of this state to be selected by the Board. The Board
shall solicit applications from the private sector for the program
and require applicants to match state funds on a two-to-one basis and
commit a minimum investment of Ten Million Dollars ($10,000,000.00)
in the program.
Added by Laws 2006, 2nd Ex.Sess., c. 50, § 12, eff. July 1, 2006.
§70-10-106. Records of attendance of pupil - Report of absence.
It shall be the duty of the principal or head teacher of each
public, private or other school in the State of Oklahoma to keep a
full and complete record of the attendance of all children at such
school and to notify the attendance officer of the district in which
such school is located of the absence of such children from the
school together with the causes thereof, if known; and it shall be
the duty of any parent, guardian or other person having charge of any
child of compulsory attendance age to notify the child's teacher
concerning the cause of any absences of such child. It shall be the
duty of the principal or head teacher to notify the parent, guardian
or responsible person of the absence of the child for any part of the
school day, unless the parent, guardian or other responsible person
notifies the principal or head teacher of such absence. Such
attendance officer and teacher shall be required to report to the
school health officer all absences on account of illness with such
information respecting the same as may be available by report or
investigation; and the attendance officer shall, if justified by the
circumstances, promptly give to the parent, guardian or custodian of
any child who has not complied with the provisions of this article
oral and documented or written warning to the last-known address of
such person that the attendance of such child is required at some
public, private or other school as herein provided. If within five
(5) days after the warning has been received, the parent, guardian or
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custodian of such child does not comply with the provisions of this
article, then such attendance officer shall make complaint against
the parent, guardian or custodian of such child in a court of
competent jurisdiction for such violation, which violation shall be a
misdemeanor. If a child is absent without valid excuse four (4) or
more days or parts of days within a four-week period or is absent
without valid excuse for ten (10) or more days or parts of days
within a semester, the attendance officer shall notify the parent,
guardian or custodian of the child and immediately report such
absences to the district attorney in the county wherein the school is
located for juvenile proceedings pursuant to Title 10A of the
Oklahoma Statutes.
Added by Laws 1971, c. 281, § 10-106, eff. July 2, 1971. Amended by
Laws 1979, c. 248, § 5; Laws 1989, c. 178, § 4, operative July 1,
1989; Laws 1995, c. 270, § 2, eff. July 1, 1995; Laws 2009, c. 234, §
157, emerg. eff. May 21, 2009.
§70-10-106.1. Driver license school enrollment requirements - Duties
and responsibilities of attendance officers.
It shall be the duty of the attendance officer of each school
district to carry out the duties and responsibilities required of the
attendance officers by Section 34 of this act. If the attendance
officer is unable to carry out the duties and responsibilities, the
school district superintendent shall be charged with such duties and
responsibilities. Documentation of enrollment status shall be
provided to a student by the school district last attended by the
student and shall be based upon the last semester's attendance if the
student requires documentation during a time when school is not in
session.
Added by Laws 1996, c. 247, § 40, eff. July 1, 1996.
§70-10-107. Rules and regulations.
In any matter pertaining to the duties of the attendance officer
and keeping records thereof, the board of education of the district
shall make rules and regulations subject only to the limitations of
the regulations of the State Board of Education and of the law, which
shall have the force and effect of law, and all attendance officers
are hereby required to comply with all such rules and regulations the
same as if they had been specifically mentioned herein.
Added by Laws 1971, c. 281, § 10-107, eff. July 2, 1971.
§70-10-108. Necessary travel expenses.
The attendance officer or assistants shall receive, in addition
to their salaries, all necessary travel expenses incurred by them in
the performance of their official duties.
Added by Laws 1971, c. 281, § 10-108, eff. July 2, 1971.
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§70-10-109. Temporary detention and custody of children subject to
compulsory attendance law.
A. An attendance officer, any school administrator, or designee
of the school administrator who is employed by the school, or any
peace officer may, except for children being home schooled pursuant
to Section 10-105 of the Oklahoma Statutes, temporarily detain and
assume temporary custody of any child subject to compulsory full-time
education, during hours in which school is actually in session, who
is found away from the home of such child and who is absent from
school without lawful excuse within the school district that such
attendance officer, peace officer or school official serves, if said
school district has previously approved the temporary detention and
custody pursuant to this section.
B. Any person temporarily detaining and assuming temporary
custody of a child pursuant to this section shall immediately deliver
the child either to the parent, guardian, or other person having
control or custody of the child, or to the school from which the
child is absent without valid excuse, or to a nonsecure youth service
or community center servicing the school district, or to a community
intervention center, as defined by Section 2-1-103 of Title 10A of
the Oklahoma Statutes.
C. The temporary custody or detention provided by this section
shall be utilized as a means of reforming and returning the truant
students to school and shall not be used as a pretext for
investigating criminal matters. The temporary custody or detention
herein provided is a severely limited type of detention and is not
justified unless there are specific facts causing an attendance
officer or other authorized person to reasonably suspect that a
truancy violation is occurring and that the person the officer
intends to detain is a truant.
Added by Laws 1989, c. 178, § 5, operative July 1, 1989. Amended by
Laws 1995, c. 270, § 3, eff. July 1, 1995; Laws 1999, c. 365, § 9,
eff. Nov. 1, 1999; Laws 2009, c. 234, § 158, emerg. eff. May 21,
2009.
§70-11-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-11-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-11-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-11-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
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§70-11-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-11-101. Sectarian or religious doctrines - Forbidden to be
taught in schools.
No sectarian or religious doctrine shall be taught or inculcated
in any of the public schools of this state, but nothing in this
section shall be construed to prohibit the reading of the Holy
Scriptures.
Added by Laws 1971, c. 281, § 11-101, eff. July 2, 1971.
§70-11-101.1. Voluntary prayer.
The board of education of each school district shall permit those
students and teachers who wish to do so to participate in voluntary
prayer. Nothing in this act shall be construed to be in conflict
with Section 11-101 of Title 70 of the Oklahoma Statutes.
Laws 1980, c. 72, § 1, emerg. eff. April 14, 1980.
§70-11-101.2. Minute of silence in public schools - Intervention by
Attorney General in legal proceedings.
The board of education of each school district shall ensure that
the public schools within the district observe approximately one
minute of silence each day for the purpose of allowing each student,
in the exercise of his or her individual choice, to reflect,
meditate, pray, or engage in any other silent activity that does not
interfere with, distract, or impede other students in the exercise of
their individual choices.
The Attorney General of the State of Oklahoma is hereby
authorized to intervene in any legal proceeding to enforce the
provisions of this act and shall represent any school district or
employee named as a defendant therein. Any school district or
employee named as a defendant in any proceeding to enforce the
provisions of this act shall within five (5) days of receiving
service of summons notify the Attorney General of the State of
Oklahoma of the pendency of the action.
Added by Laws 2002, c. 353, § 1.
§70-11-102. Instruction conducted in English language.
Instruction given in the several branches of learning in the
public schools shall be conducted in the English language except as
is necessary for the teaching of foreign languages.
Added by Laws 1971, c. 281, § 11-102, eff. July 2, 1971.
§70-11-103. Courses for instruction - What to include.
A. Courses of instruction approved by the State Board of
Education for use in school years prior to 1993-94 shall be those
courses that are necessary to ensure:
*+,-11'121#+,, .;)$
1. The teaching of the necessary basic skills of learning and
communication, including reading, English, writing, the use of
numbers and science; and
2. The teaching of citizenship in the United States, in the
State of Oklahoma, and in other countries, through the study of the
United States Constitution, the amendments thereto, and the ideals,
history, and government of the United States, other countries of the
world, and the State of Oklahoma and through the study of the
principles of democracy as they apply in the lives of citizens. In
study of the United States Constitution, a written copy of the
document itself shall be utilized.
The public school districts of this state shall ensure that each
child enrolled therein is provided with adequate instruction in the
basic skills as set out in paragraphs 1 and 2 of this subsection.
Each local board of education shall annually evaluate the district's
curriculum in order to determine whether each child in the district
is receiving adequate basic skill instruction as set out in
paragraphs 1 and 2 of this subsection. The evaluation process shall
provide for parental involvement. Effective July 1, 1990, each
district shall submit its annual evaluation of the district's
curriculum to the State Board of Education. The State Board shall
make this information available to the Oklahoma Curriculum Committee
and, beginning with the 1996-97 school year, shall utilize such
information in its periodic evaluation of curriculum.
B. Courses approved by the State Board of Education for
instruction of pupils in the public schools of the state for use in
school years prior to 1993-94 may include courses that are approved
by a local board of education and are necessary to ensure:
1. The teaching of health through the study of proper diet, the
effects of alcoholic beverages, narcotics and other substances on the
human system and through the study of such other subjects as will
promote healthful living and help to establish proper health habits
in the lives of school children;
2. The teaching of safety through training in the driving and
operation of motor vehicles and such other devices of transportation
as may be desirable and other aspects of safety which will promote
the reduction of accidents and encourage habits of safe living among
school children;
3. The teaching of physical education to all physically able
students during the entire school year from first through sixth
grade, through physical education, a weekly minimum of seventy-five
(75) minutes per student, exclusive of recess activity, supervised
play, intramurals, interschool athletics or other extracurricular
activities; provided, any student participating as a member of any
school athletic team shall be excused from physical education
classes; provided further, that certified physical education
instructors shall not be required to administer the programs required
*+,-11'121#+,, .;)(
for grades one through six. An elective program of instructional
physical education designed to provide a minimum of one hundred fifty
(150) minutes per week per student shall be provided for all students
in the seventh grade through the twelfth grade. The State Board of
Education shall prescribe qualifications for physical education
instructors. Provided, however, that the State Department of
Education shall be empowered to exempt all or a portion of this
requirement if an undue hardship would result to the school district.
Provided, further, that any student who has exceptional talent in
music may, with the approval of the superintendent of schools in
independent districts or in elementary districts, substitute a course
in music for the above-required physical education course;
4. The teaching of the conservation of natural resources of the
state and the nation that are necessary and desirable to sustain life
and contribute to the comfort and welfare of the people now living
and those who will live here in the future, such as soil, water,
forests, minerals, oils, gas, all forms of wildlife, both plant and
animal, and such other natural resources as may be considered
desirable to study;
5. The teaching of vocational education, by the study of the
various aspects of agriculture, through courses and farm youth
organizations, such as FFA and 4-H clubs, homemaking and home
economics, trades and industries, distributive education, mechanical
and industrial arts and such other aspects of vocational education as
will promote occupational competence among school children and adults
as potential and actual citizens of the state and nation; and
6. The teaching of such other aspects of human living and
citizenship as will achieve the legitimate objectives and purposes of
public education.
Laws 1971, c. 281, § 11-103, eff. July 2, 1971; Laws 1973, c. 23, §
1, eff. July 1, 1974; Laws 1974, c. 244, § 4; Laws 1975, c. 339, § 1,
emerg. eff. June 12, 1975; Laws 1982, c. 326, § 3; Laws 1986, c. 65,
§ 1, eff. July 1, 1986; Laws 1987, c. 186, § 6, eff. Nov. 1, 1987;
Laws 1989, 1st Ex.Sess., c. 2, § 3, emerg. eff. April 25, 1990; Laws
1991, c. 3, § 16, eff. July 1, 1991; Laws 1993, c. 239, § 39, eff.
July 1, 1993.
§70-11-103.1. American Sign Language - Teaching in public school.
American Sign Language is hereby recognized as a language art and
may be taught in the public schools of the state in educational
programs for both hearing and deaf students. American Sign Language
classes taught in the public schools may be counted by a public
school in fulfilling elective course offerings and shall be granted
the same credit as a foreign language. For the purposes of this
section, American Sign Language may be taught in the public schools
by any qualified teacher under the supervision of a certified
teacher.
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Added by Laws 1982, c. 126, § 1, operative July 1, 1982. Amended by
Laws 1991, c. 201, § 1, emerg. eff. May 17, 1991; Laws 1999, c. 35, §
1, eff. July 1, 1999.
§70-11-103.1a. Native American language – Teaching in public
schools.
A Native American language is hereby recognized as a language art
and may be taught in the public schools of the state in educational
programs. Native American language classes taught in the public
schools may be counted by a public school in fulfilling core
curriculum requirements and shall be granted the same credit as a
world language. For the purposes of this section, Native American
languages may be taught in the public schools by:
1. Any qualified teacher who holds a valid traditional or
alternative Oklahoma teaching certificate; or
2. A teacher who holds a valid certificate in Native American
Languages issued by the State Board of Education and either qualifies
for an Alternative Placement Teaching Certificate or is supervised by
a teacher who is highly qualified in the content area for the
appropriate level of instruction.
Added by Laws 2014, c. 16, § 1, eff. July 1, 2014.
§70-11-103.2. Academic scholar program.
The State Board of Education shall have authority to develop and
implement a program for the purpose of recognizing academic scholars
in the secondary schools of the state. The State Board of Education
shall determine the requirements which are necessary for a student to
attain academic scholar status. The requirements shall include but
not be limited to the minimum graduation requirements set by the
State Board of Education. Recognition for academic scholar status
shall be indicated upon the diploma of those students who qualify for
such status and in such other manner as the Board may determine. The
State Board of Education shall be authorized to promulgate rules and
regulations in order to implement the provisions of this section.
Added by Laws 1986, c. 40, § 1, eff. Nov. 1, 1986. Amended by Laws
1987, c. 204, § 117, operative July 1, 1987.
§70-11-103.2c. Repealed by Laws 2000, c. 232, § 24, eff. July 1,
2000.
§70-11-103.2d. Repealed by Laws 2000, c. 232, § 24, eff. July 1,
2000.
§70-11-103.3. AIDS prevention education - Curriculum and materials -
Inspection by parents and guardians.
A. Acquired immune deficiency syndrome (AIDS) prevention
education shall be taught in the public schools of this state. AIDS
*+,-11'121#+,, .;))
prevention education shall be limited to the discussion of the
disease AIDS and its spread and prevention. Students shall receive
such education:
1. at the option of the local school district, a minimum of once
during the period from grade five through grade six;
2. a minimum of once during the period from grade seven through
grade nine; and 3. a minimum of once during the period from grade
ten through grade twelve.
B. The State Department of Education shall develop curriculum
and materials for AIDS prevention education in conjunction with the
State Department of Health. A school district may also develop its
own AIDS prevention education curriculum and materials. Any
curriculum and materials developed for use in the public schools
shall be approved for medical accuracy by the State Department of
Health. A school district may use any curriculum and materials which
have been developed and approved pursuant to this subsection.
C. School districts shall make the curriculum and materials that
will be used to teach AIDS prevention education available for
inspection by the parents and guardians of the students that will be
involved with the curriculum and materials. Furthermore, the
curriculum must be limited in time frame to deal only with factual
medical information for AIDS prevention. The school districts, at
least one (1) month prior to teaching AIDS prevention education in
any classroom, shall conduct for the parents and guardians of the
students involved during weekend and evening hours at least one
presentation concerning the curriculum and materials that will be
used for such education. No student shall be required to participate
in AIDS prevention education if a parent or guardian of the student
objects in writing to such participation.
D. AIDS prevention education shall specifically teach students
that:
1. engaging in homosexual activity, promiscuous sexual activity,
intravenous drug use or contact with contaminated blood products is
now known to be primarily responsible for contact with the AIDS
virus;
2. avoiding the activities specified in paragraph 1 of this
subsection is the only method of preventing the spread of the virus;
3. sexual intercourse, with or without condoms, with any person
testing positive for human immunodeficiency virus (HIV) antibodies,
or any other person infected with HIV, places that individual in a
high risk category for developing AIDS.
E. The program of AIDS prevention education shall teach that
abstinence from sexual activity is the only certain means for the
prevention of the spread or contraction of the AIDS virus through
sexual contact. It shall also teach that artificial means of birth
control are not a certain means of preventing the spread of the AIDS
*+,-11'121#+,, .;)!
virus and reliance on such methods puts a person at risk for exposure
to the disease.
F. The State Department of Health and the State Department of
Education shall update AIDS education curriculum material as newly
discovered medical facts make it necessary.
Added by Laws 1987, c. 46, § 1, operative July 1, 1987.
§70-11-103.4. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.
§70-11-103.5. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.
§70-11-103.6. State Board of Education - Adoption of subject matter
standards - Option for high school graduation - Adoption and approval
of promotional system.
A. 1. The State Board of Education shall adopt subject matter
standards for instruction of students in the public schools of this
state that are necessary to ensure there is attainment of desired
levels of competencies in a variety of areas to include language,
mathematics, science, social studies and communication.
2. School districts shall develop and implement curriculum,
courses and instruction in order to ensure that students meet the
skills and competencies as set forth in this section and in the
subject matter standards adopted by the State Board of Education.
3. All students shall gain literacy at the elementary and
secondary levels. Students shall develop skills in reading, writing,
speaking, computing and critical thinking. For purposes of this
section, critical thinking means a manner of analytical thinking
which is logical and uses linear factual analysis to reach a
conclusion. They also shall learn about cultures and environments -
their own and those of others with whom they share the earth.
Students, therefore, shall study social studies, literature,
languages, the arts, mathematics and science. Such curricula shall
provide for the teaching of a hands-on career exploration program in
cooperation with technology center schools.
4. The subject matter standards shall be designed to teach the
competencies for which students shall be tested as provided in
Section 1210.508 of this title, and shall be designed to prepare all
students for active citizenship, employment and/or successful
completion of postsecondary education without the need for remedial
coursework at the postsecondary level.
5. The subject matter standards shall be designed with rigor as
defined in paragraph 3 of subsection F of this section.
6. The subject matter standards for English Language Arts shall
give Classic Literature and nonfiction literature equal consideration
to other literature. In addition, emphasis shall be given to the
study of complete works of literature.
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7. At a minimum, the subject matter standards for mathematics
shall require mastery of the standard algorithms in mathematics,
which is the most logical, efficient way of solving a problem that
consistently works, and for students to attain fluency in Euclidian
geometry.
8. The subject matter standards for history, social studies and
United States Government shall include the content of the United
States naturalization test, with an emphasis on the specific content
of the test and the ideas and concepts it references. The United
States naturalization test shall be made available in physical and
electronic online formats as an optional assessment tool for
teachers.
9. The subject matter standards for United States Government
shall include an emphasis on civics. For the purposes of this
section, "civics" means the study of the rights and duties of
Oklahoma and United States citizens and of how those governments
work.
B. Subject to the provisions of subsection C of this section, in
order to graduate from a public high school accredited by the State
Board of Education with a standard diploma, students shall complete
the following college preparatory/work ready curriculum units or sets
of competencies at the secondary level:
1. Four units or sets of competencies of English to include
Grammar, Composition, Literature, or any English course approved for
college admission requirements;
2. Three units or sets of competencies of mathematics, limited
to Algebra I, Algebra II, Geometry, Trigonometry, Math Analysis,
Calculus, Advanced Placement Statistics, or any mathematics course
with content and/or rigor above Algebra I and approved for college
admission requirements;
3. Three units or sets of competencies of laboratory science
approved for college admission requirements, including one unit or
set of competencies of life science, meeting the standards for
Biology I; one unit or set of competencies of physical science,
meeting the standards for Physical Science, Chemistry or Physics; and
one unit or set of competencies from the domains of physical science,
life science or earth and space science such that the content and
rigor is above Biology I or Physical Science;
4. Three units or sets of competencies of history and
citizenship skills, including one unit of American History, 1/2 unit
of Oklahoma History, 1/2 unit of United States Government and one
unit from the subjects of History, Government, Geography, Economics,
Civics, or non-Western culture and approved for college admission
requirements;
5. Two units or sets of competencies of the same foreign or non-
English language or two units of computer technology approved for
college admission requirements, whether taught at a high school or a
*+,-11'121#+,, .;)"
technology center school, including computer programming, hardware,
and business computer applications, such as word processing,
databases, spreadsheets, and graphics, excluding keyboarding or
typing courses;
6. One additional unit or set of competencies selected from
paragraphs 1 through 5 of this subsection or career and technology
education courses, concurrently enrolled courses, Advanced Placement
courses or International Baccalaureate courses approved for college
admission requirements; and
7. One unit or set of competencies of fine arts, such as music,
art, or drama, or one unit or set of competencies of speech.
C. In lieu of the requirements of subsection B of this section
which requires a college preparatory/work ready curriculum, 1a
student may enroll in the core curriculum as provided in subsection D
of this section upon written approval of the parent or legal guardian
of the student. For students under the age of eighteen (18) school
districts shall require a parent or legal guardian of the student to
meet with a designee of the school prior to enrollment in the core
curriculum. The State Department of Education shall develop and
distribute to school districts a form suitable for this purpose,
which shall include information on the benefits to students of
completing the college preparatory/work ready curriculum as provided
for in subsection B of this section.
D. For those students subject to the requirements of subsection
C of this section, in order to graduate from a public high school
accredited by the State Board of Education with a standard diploma,
students shall complete the following core curriculum units or sets
of competencies at the secondary level:
1. Language Arts – 4 units or sets of competencies, to consist
of 1 unit or set of competencies of grammar and composition, and 3
units or sets of competencies which may include, but are not limited
to, the following courses:
a. American Literature,
b. English Literature,
c. World Literature,
d. Advanced English Courses, or
e. other English courses with content and/or rigor equal
to or above grammar and composition;
2. Mathematics – 3 units or sets of competencies, to consist of
1 unit or set of competencies of Algebra I or Algebra I taught in a
contextual methodology, and 2 units or sets of competencies which may
include, but are not limited to, the following courses:
a. Algebra II,
b. Geometry or Geometry taught in a contextual
methodology,
c. Trigonometry,
d. Math Analysis or Precalculus,
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e. Calculus,
f. Statistics and/or Probability,
g. Computer Science or acceptance and successful
completion of one (1) year of a full-time, three-hour
career and technology program leading to an industry
credential/certificate or college credit. The State
Board of Career and Technology Education shall
promulgate rules to define the provisions of this act
related to the accepted industry-valued credentials
which are industry-endorsed or industry-aligned. The
list of accepted industry-valued credentials shall be
reviewed annually and updated at least every three (3)
years by the Board,
h. (1) contextual mathematics courses which enhance
technology preparation, or
(2) a science, technology, engineering and math (STEM)
block course meeting the requirements for course
competencies listed in paragraph 2 of subsection B
of this section, whether taught at a:
(a) comprehensive high school, or
(b) technology center school when taken in the
tenth, eleventh or twelfth grade, taught by a
certified teacher, and approved by the State
Board of Education and the independent
district board of education,
i. mathematics courses taught at a technology center
school by a teacher certified in the secondary subject
area when taken in the tenth, eleventh or twelfth grade
upon approval of the State Board of Education and the
independent district board of education, or
j. any other mathematics course with content and/or rigor
equal to or above Algebra I;
3. Science – 3 units or sets of competencies, to consist of 1
unit or set of competencies of Biology I or Biology I taught in a
contextual methodology, and 2 units or sets of competencies in the
areas of life, physical, or earth science or technology which may
include, but are not limited to, the following courses:
a. Chemistry I,
b. Physics,
c. Biology II,
d. Chemistry II,
e. Physical Science,
f. Earth Science,
g. Botany,
h. Zoology,
i. Physiology,
j. Astronomy,
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k. Applied Biology/Chemistry,
l. Applied Physics,
m. Principles of Technology,
n. qualified agricultural education courses,
o. (1) contextual science courses which enhance
technology preparation, or
(2) a science, technology, engineering and math (STEM)
block course meeting the requirements for course
competencies listed in paragraph 3 of subsection B
of this section, whether taught at a:
(a) comprehensive high school, or
(b) technology center school when taken in the
tenth, eleventh or twelfth grade, taught by a
certified teacher, and approved by the State
Board of Education and the independent
district board of education,
p. science courses taught at a technology center school by
a teacher certified in the secondary subject area when
taken in the tenth, eleventh or twelfth grade upon
approval of the State Board of Education and the
independent district board of education, or
q. other science courses with content and/or rigor equal
to or above Biology I;
4. Social Studies – 3 units or sets of competencies, to consist
of 1 unit or set of competencies of United States History, 1/2 to 1
unit or set of competencies of United States Government, 1/2 unit or
set of competencies of Oklahoma History, and 1/2 to 1 unit or set of
competencies which may include, but are not limited to, the following
courses:
a. World History,
b. Geography,
c. Economics,
d. Anthropology, or
e. other social studies courses with content and/or rigor
equal to or above United States History, United States
Government, and Oklahoma History;
5. Arts – 1 unit or set of competencies which may include, but
is not limited to, courses in Visual Arts and General Music; and
6. Computer Education or World Language - 1 unit or set of
competencies of computer technology, whether taught at a high school
or a technology center school, including computer programming,
hardware and business computer applications, such as word processing,
databases, spreadsheets and graphics, excluding keyboarding or typing
courses, or 1 unit or set of competencies of foreign or non-English
language.
E. 1. In addition to the curriculum requirements of either
subsection B or D of this section, in order to graduate from a public
*+,-11'121#+,, .;!
high school accredited by the State Board of Education students shall
complete the requirements for a personal financial literacy passport
as set forth in the Passport to Financial Literacy Act and any
additional course requirements or recommended elective courses as may
be established by the State Board of Education and the district
school board. School districts shall strongly encourage students to
complete two units or sets of competencies of foreign languages and
two units or sets of competencies of physical and health education.
2. No student shall receive credit for high school graduation
more than once for completion of the same unit or set of competencies
to satisfy the curriculum requirements of this section.
3. A school district shall not be required to offer every course
listed in subsections B and D of this section, but shall offer
sufficient courses to allow a student to meet the graduation
requirements during the secondary grade years of the student.
F. For purposes of this section:
1. "Contextual methodology" means academic content and skills
taught by utilizing real-world problems and projects in a way that
helps students understand the application of that knowledge;
2. "Qualified agricultural education courses" means courses that
have been determined by the State Board of Education to offer the
sets of competencies for one or more science content areas and which
correspond to academic science courses. Qualified agricultural
education courses shall include, but are not limited to,
Horticulture, Plant and Soil Science, Natural Resources and
Environmental Science, and Animal Science. The courses shall be
taught by teachers certified in agricultural education and comply
with all rules of the Oklahoma Department of Career and Technology
Education;
3. "Rigor" means a level of difficulty that is thorough,
exhaustive and accurate and is appropriate for the grade level;
4. "Sets of competencies" means instruction in those skills and
competencies that are specified in the subject matter standards
adopted by the State Board of Education and other skills and
competencies adopted by the Board, without regard to specified
instructional time; and
5. "Unit" means a Carnegie Unit as defined by the North Central
Association's Commission on Schools.
G. 1. The State Board of Education shall adopt a plan to ensure
that rigor is maintained in the content, teaching methodology, level
of expectations for student achievement, and application of learning
in all the courses taught to meet the graduation requirements as
specified in this section.
2. The State Board of Education shall allow as much flexibility
at the district level as is possible without diminishing the rigor or
undermining the intent of providing these courses. To accomplish
this purpose, the State Department of Education shall work with
*+,-11'121#+,, .;!$
school districts in reviewing and approving courses taught by
districts that are not specifically listed in subsections B and D of
this section. Options may include, but shall not be limited to,
courses taken by concurrent enrollment, advanced placement, or
correspondence, or courses bearing different titles.
3. The State Board of Education shall approve an advanced
placement computer science course to meet the requirements of course
competencies listed in paragraph 2 of subsection B of this section if
the course is taken in a student's senior year and the student is
concurrently enrolled in or has successfully completed Algebra II.
4. Technology center school districts may offer programs
designed in cooperation with institutions of higher education which
have an emphasis on a focused field of career study upon approval of
the State Board of Education and the independent district board of
education. Students in the tenth grade may be allowed to attend
these programs for up to one-half (1/2) of a school day and credit
for the units or sets of competencies required in paragraphs 2, 3 and
6 of subsection B or D of this section shall be given if the courses
are taught by a teacher certified in the secondary subject area;
provided, credit for units or sets of competencies pursuant to
subsection B of this section shall be approved for college admission
requirements.
5. If a student enrolls in a concurrent course, the school
district shall not be responsible for any costs incurred for that
course, unless the school district does not offer enough course
selection during the student's secondary grade years to allow the
student to receive the courses needed to meet the graduation
requirements of this section. If the school district does not offer
the necessary course selection during the student's secondary grade
years, it shall be responsible for the cost of resident tuition at an
institution in The Oklahoma State System of Higher Education, fees,
and books for the concurrent enrollment course, and providing for
transportation to and from the institution to the school site.
It is the intent of the Legislature that for students enrolled in
a concurrent enrollment course which is paid for by the school
district pursuant to this paragraph, the institution charge only the
supplementary and special service fees that are directly related to
the concurrent enrollment course and enrollment procedures for that
student. It is further the intent of the Legislature that fees for
student activities and student service facilities, including the
student health care and cultural and recreational service fees, not
be charged to such students.
6. Credit for the units or sets of competencies required in
subsection B or D of this section shall be given when such units or
sets of competencies are taken prior to ninth grade if the teachers
are certified or authorized to teach the subjects for high school
credit and the required rigor is maintained.
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7. The three units or sets of competencies in mathematics
required in subsection B or D of this section shall be completed in
the ninth through twelfth grades. If a student completes any
required courses or sets of competencies in mathematics prior to
ninth grade, the student may take any other mathematics courses or
sets of competencies to fulfill the requirement to complete three
units or sets of competencies in grades nine through twelve after the
student has satisfied the requirements of subsection B or D of this
section.
8. All units or sets of competencies required for graduation may
be taken in any sequence recommended by the school district.
H. As a condition of receiving accreditation from the State
Board of Education, all students in grades nine through twelve shall
enroll in a minimum of six periods, or the equivalent in block
scheduling or other scheduling structure that allows for instruction
in sets of competencies, of rigorous academic and/or rigorous
vocational courses each day, which may include arts, vocal and
instrumental music, speech classes, and physical education classes.
I. 1. Academic and vocational-technical courses designed to
offer sets of competencies integrated or embedded within the course
that provide for the teaching and learning of the appropriate skills
and knowledge in the subject matter standards, as adopted by the
State Board of Education, may upon approval of the Board, in
consultation with the Oklahoma Department of Career and Technology
Education if the courses are offered at a technology center school
district, be counted for academic credit and toward meeting the
graduation requirements of this section.
2. Internet-based courses offered by a technology center school
that are taught by a certified teacher and provide for the teaching
and learning of the appropriate skills and knowledge in the subject
matter standards may, upon approval of the State Board of Education
and the independent district board of education, be counted for
academic credit and toward meeting the graduation requirements of
this section.
3. Internet-based courses or vocational-technical courses
utilizing integrated or embedded skills for which no subject matter
standards have been adopted by the State Board of Education may be
approved by the Board, in consultation with the Oklahoma Department
of Career and Technology Education if the courses are offered at a
technology center school district, if such courses incorporate
standards of nationally recognized professional organizations and are
taught by certified teachers.
4. Courses offered by a supplemental education organization that
is accredited by a national accrediting body and that are taught by a
certified teacher and provide for the teaching and learning of the
appropriate skills and knowledge in the subject matter standards may,
upon approval of the State Board of Education and the school district
*+,-11'121#+,, .;!
board of education, be counted for academic credit and toward meeting
the graduation requirements of this section.
J. The State Board of Education shall provide an option for high
school graduation based upon attainment of the desired levels of
competencies as required in tests pursuant to the provisions of
Section 1210.508 of this title. Such option shall be in lieu of the
amount of course credits earned.
K. The State Board of Education shall prescribe, adopt and
approve a promotion system based on the attainment by students of
specified levels of competencies in each area of the core curriculum.
L. Children who have individualized education programs pursuant
to the Individuals with Disabilities Education Act (IDEA), and who
satisfy the graduation requirements through the individualized
education program for that student shall be awarded a standard
diploma.
M. Students who enter the ninth grade in or prior to the 2007-08
school year who are enrolled in an alternative education program and
meet the requirements of their plans leading to high school
graduation developed pursuant to Section 1210.568 of this title shall
be awarded a standard diploma.
N. Any student who completes the curriculum requirements of the
International Baccalaureate Diploma Program shall be awarded a
standard diploma.
O. Any student who successfully completes an advanced
mathematics or science course offered pursuant to Section 1210.404 of
this title shall be granted academic credit toward meeting the
graduation requirements pursuant to paragraph 2 or 3, as appropriate,
of subsection B or D of this section.
P. For purposes of this section, the courses approved for
college admission requirements shall be courses which are approved by
the Oklahoma State Regents for Higher Education for admission to an
institution within The Oklahoma State System of Higher Education.
Q. Students who have been denied a standard diploma by the
school district in which the student is or was enrolled for failing
to meet the requirements of this section may re-enroll in the school
district that denied the student a standard diploma following the
denial of a standard diploma. The student shall be provided
remediation or intervention and the opportunity to complete the
curriculum units or sets of competencies required by this section to
obtain a standard diploma. Students who re-enroll in the school
district to meet the graduation requirements of this section shall be
exempt from the hourly instructional requirements of Section 1-111 of
this title and the six-period enrollment requirements of this
section.
R. The State Department of Education shall collect and report
data by school site and district on the number of students who enroll
in the core curriculum as provided in subsection D of this section.
*+,-11'121#+,, .;!)
Added by Laws 1989, 1st Ex. Sess., c. 2, § 6, emerg. eff. April 25,
1990. Amended by Laws 1990, c. 263, § 67, operative July 1, 1990;
Laws 1991, c. 233, § 1, eff. July 1, 1991; Laws 1999, c. 320, § 1,
eff. July 1, 1999; Laws 2000, c. 232, § 1, eff. July 1, 2000; Laws
2001, c. 33, § 87, eff. July 1, 2001; Laws 2002, c. 143, § 1; Laws
2002, c. 453, § 4, eff. July 1, 2002; Laws 2004, c. 82, § 1, eff.
July 1, 2004; Laws 2005, c. 29, § 2, eff. Nov. 1, 2005; Laws 2005, c.
432, § 7, eff. July 1, 2005; Laws 2006, c. 289, § 2, eff. July 1,
2006; Laws 2007, c. 173, § 3, eff. July 1, 2007; Laws 2013, c. 73, §
1, eff. July 1, 2013; Laws 2014, c. 214, § 1, eff. July 1, 2014; Laws
2014, c. 430, § 2, emerg. eff. June 5, 2014; Laws 2015, c. 54, § 33,
emerg. eff. April 10, 2015; Laws 2016, c. 99, § 1, eff. July 1, 2016;
Laws 2016, c. 379, § 1, eff. July 1, 2018; Laws 2017, c. 118, § 1,
eff. July 1, 2018; Laws 2018, c. 241, § 1, eff. July 1, 2018; Laws
2019, c. 25, § 44, emerg. eff. April 4, 2019.
NOTE: Laws 2005, c. 80, § 1 repealed by Laws 2005, c. 432, § 15,
eff. July 1, 2005. Laws 2014, c. 210, § 1 repealed by Laws 2015, c.
54, § 34, emerg. eff. April 10, 2015. Laws 2018, c. 67, § 1 repealed
by Laws 2019, c. 25, § 45, emerg. eff. April 4, 2019.
§70-11-103.6a-1. Legislative review of standards – Final approval.
A. All subject matter standards and revisions to the standards
adopted by the State Board of Education pursuant to Section 11-103.6a
of Title 70 of the Oklahoma Statutes shall be subject to legislative
review as set forth in this section. The standards shall not be
implemented by the State Board of Education until the legislative
review process is completed as provided for in this section.
B. Upon adoption of any subject matter standards, the State
Board of Education shall submit the adopted standards to the Speaker
of the House of Representatives or a designee and the President Pro
Tempore of the Senate or a designee prior to the last thirty (30)
days of the legislative session.
C. By adoption of a joint resolution, the Legislature shall
approve the standards, disapprove the standards in whole or in part,
amend the standards in whole or in part or disapprove the standards
in whole or in part with instructions to the State Board of
Education, provided that such joint resolution becomes law in
accordance with Section 11 of Article VI of the Oklahoma
Constitution. If the joint resolution is vetoed by the Governor in
accordance with Section 11 of Article VI of the Oklahoma Constitution
and the veto has not been overridden, the standards shall be deemed
approved. If the Legislature fails to adopt a joint resolution
within thirty (30) legislative days following submission of the
standards, the standards shall be deemed approved.
D. If the subject matter standards are disapproved in whole or
are disapproved in whole with instructions as provided for in this
section, the State Board of Education may adopt new standards and
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submit the new standards for legislative review pursuant to this
section. The State Board of Education shall continue to implement
current standards in place until the new standards have been reviewed
by the Legislature and approved as provided for in this section. If
the subject matter standards are amended, approved in part or are
disapproved in part with instructions, the State Board of Education
may revise the standards in accordance with the legislative changes
and implement the standards.
E. Upon final approval of the standards, the standards shall be
considered final agency rules. The Board shall submit a copy of the
standards to the Secretary of State, who shall include the standards
in the publication known as the "Oklahoma Administrative Code" in the
same manner as agency rules are published in the "Code" as provided
for in the Administrative Procedures Act. All standards approved and
published as provided for in this subsection shall have the same
force and effect of law as agency rules promulgated pursuant to the
Administrative Procedures Act.
F. Unless otherwise provided by specific vote of the
Legislature, joint resolutions introduced for purposes of approving,
disapproving, amending or disapproving with instructions any subject
matter standards shall not be subject to regular legislative cutoff
dates, shall be limited to such provisions as may be necessary for
approving, disapproving, amending or disapproving with instructions
any subject matter standards and any such other direction or mandate
regarding the standards deemed necessary by the Legislature. The
joint resolution shall contain no other provisions.
Added by Laws 2014, c. 430, § 4, emerg. eff. June 5, 2014.
§70-11-103.6a. Review of adopted subject matter standards – College-
and career-ready English Language Arts and Mathematics standards –
Student assessments.
A. Beginning with the 2014-15 school year, each area of subject
matter standards, except for standards for career and technology
education adopted pursuant to Section 14-103 of this title, shall be
adopted by the State Board of Education and shall be subject to
legislative review and approval as provided for in Section 4 of this
act. The subject matter standards shall be implemented statewide by
every public school district in this state. The subject matter
standards shall be thoroughly reviewed by the State Board every six
(6) years according to and in coordination with the existing subject
area textbook adoption cycle. After review, the State Board shall
adopt any revisions in such subject matter standards deemed necessary
to achieve further improvements in the quality of education for the
students of this state. Any revisions adopted by the State Board of
Education shall be subject to review and approval as provided for in
Section 4 of this act. The adoption of subject matter standards or
revisions to the standards by the State Board of Education pursuant
*+,-11'121#+,, .;!
to this section shall not be promulgated as rules and shall not be
subject to Article I of the Administrative Procedures Act.
B. 1. In addition to the requirements set forth in subsection A
of this section, on or before August 1, 2016, the State Board of
Education, in consultation with the State Regents for Higher
Education, the State Board of Career and Technology Education and the
Oklahoma Department of Commerce, shall adopt subject matter standards
for English Language Arts and Mathematics which are college- and
career-ready and will replace current standards. To be considered
college- and career-ready, the standards shall be evaluated by the
State Department of Education, the State Regents for Higher
Education, the State Board of Career and Technology Education and the
Oklahoma Department of Commerce and be determined to be such that the
standards will address the goals of reducing the need for remedial
coursework at the postsecondary level and increasing successful
completion of postsecondary education. The subject matter standards
and corresponding student assessments for English Language Arts and
Mathematics shall be solely approved and controlled by the state
through the State Board of Education.
2. Upon the effective date of this act, the State Board of
Education shall begin the process of adopting the English Language
Arts and Mathematics standards and shall provide reasonable
opportunity, consistent with best practices, for public comment on
the revision of the standards, including but not limited to comments
from students, parents, educators, organizations representing
students with disabilities and English language learners, higher
education representatives, career technology education
representatives, subject matter experts, community-based
organizations, Native American tribal representatives and business
community representatives.
3. Until the statewide student assessments for English Language
Arts and Mathematics are implemented as provided for in paragraph 1
of subsection C of this section, the State Board of Education shall
implement the subject matter standards for English Language Arts and
Mathematics which were in place prior to the revisions adopted by the
Board in June 2010.
4. Upon the effective date of this act, the State Board of
Education shall seek certification from the State Regents for Higher
Education that the subject matter standards for English Language Arts
and Mathematics which were in place prior to the revisions adopted by
the Board in June 2010 are college- and career-ready as defined in
the Federal Elementary and Secondary Education Act (ESEA) Flexibility
document issued by the United States Department of Education and
referenced in Option B of Principle 1: College and Career-Ready
Expectations for All Students. The State Regents shall provide the
Board a detailed description of the certification process and
results, including a list of deficiencies if the State Regents
*+,-11'121#+,, .;!"
conclude that the standards are not college- and career-ready. The
Board shall post all documents, materials, reports, descriptions and
correspondence produced by the State Regents or used by the State
Regents in the certification process on the website for the State
Department of Education.
C. 1. On or before the 2017-18 school year, the State Board of
Education, in consultation with the State Regents for Higher
Education, the State Board of Career and Technology Education and the
Oklahoma Department of Commerce, shall direct the process of the
development of annual high-quality statewide student assessments for
English Language Arts and Mathematics as provided for in Section
1210.508 of this title that align with the college- and career-ready
subject matter standards developed pursuant to subsection B of this
section.
2. The statewide student assessments for English Language Arts
and Mathematics shall continue to assess standards and objectives
found in the subject matter standards for English Language Arts and
Mathematics which were in place prior to the revisions adopted by the
Board in June 2010 and the test blueprints shall continue to align to
the standards and objectives found in such subject matter standards
for English Language Arts and Mathematics until the new assessments
are implemented as provided for in paragraph 1 of this subsection.
D. 1. The State Board of Education shall not enter into any
agreement, memorandum of understanding or contract with any federal
agency or private entity which in any way cedes or limits state
discretion or control over the process of development, adoption or
revision of subject matter standards and corresponding student
assessments in the public school system, including, but not limited
to, agreements, memoranda of understanding and contracts in exchange
for funding for public schools and programs. If the State Board of
Education is a party to such an agreement, memorandum of
understanding or contract on the effective date of this act, the
State Board of Education shall initiate necessary efforts to amend
the agreement, memorandum of understanding or contract to comply with
the requirements of this subsection.
2. Nothing in this section shall be construed to prohibit the
State Board of Education from seeking and being granted a waiver from
federal law, provided that the conditions for the waiver do not
require the state to cede or limit its discretion or control over the
process of development, adoption or revision of subject matter
standards and corresponding statewide student assessments.
3. The State Department of Education may participate in a
multistate or multigovernmental cooperative pursuant to the
requirements of the Oklahoma Central Purchasing Act, but shall not
bind the state, contractually or otherwise, to the authority of any
other state, organization or entity which may supersede the authority
of the State Board of Education.
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E. The content of all subject matter standards and corresponding
student assessments shall be solely approved and controlled by the
state through the State Board of Education. The State Board of
Education shall maintain independence of all subject matter standards
referenced in Section 11-103.6 of this title and corresponding
statewide student assessments and shall not relinquish authority over
Oklahoma subject matter standards and corresponding statewide student
assessments. Nothing in this section shall prohibit benchmarking the
state subject matter standards and corresponding student assessments
with those of other states or nations to allow comparison of Oklahoma
subject matter standards and corresponding student assessments with
those of other states and nations.
F. School districts shall exclusively determine the instruction,
curriculum, reading lists and instructional materials and textbooks,
subject to any applicable provisions or requirements as set forth in
law, to be used in meeting the subject matter standards. School
districts may, at their discretion, adopt supplementary student
assessments which are in addition to the statewide student
assessments.
G. 1. Upon completion of the adoption of English Language Arts
and Mathematics subject matter standards pursuant to subsection B of
this section, the State Board of Education shall compare such English
Language Arts and Mathematics standards with the English Language
Arts and Mathematics standards that were adopted by the State Board
of Education prior to implementation of this act. The State Board of
Education shall consider public comments, the use of best practices,
evidence and research in the evaluation of both sets of standards.
The State Board of Education shall compare the standards in the areas
of:
a. effective preparation for active citizenship and
postsecondary education or the workforce,
b. subject matter content,
c. sequencing of subject matter content and relationship
to measurement of student performance and the
application of subject matter standards,
d. developmental appropriateness of grade-level
expectations, academic content and instructional rigor,
e. clarity for educators and parents,
f. exemplars tied to the standards,
g. measurability of student proficiency in the subject
matter,
h. pedagogy,
i. development of critical thinking skills, and
j. demonstration of application of acquired knowledge and
skills.
2. Upon completion of the comparison of the English Language
Arts and Mathematics subject matter standards, the State Board of
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Education shall submit to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, the
Minority Leader of the House of Representatives and the Minority
Leader of the Senate a report outlining the results of the comparison
of the standards.
H. All subject matter standards and corresponding statewide
student assessments adopted by the State Board of Education shall be
carefully circumscribed to reflect direct application to subject
matter proficiency and shall not include standards or assessment
questions that are designed to collect or measure noncognitive,
emotional or psychological characteristics, attributes or skills of
students.
I. Any rule, including but not limited to Rules 210:15-4-1
through 210:15-4-3 of the Oklahoma Administrative Code, which
conflicts with the requirements of this section, shall be amended or
repealed by the State Board of Education as necessary to comply with
the requirements of this section.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 7, emerg. eff. April 25,
1990. Amended by Laws 2002, c. 289, § 3, eff. July 1, 2002; Laws
2010, c. 291, § 15, eff. July 1, 2010; Laws 2014, c. 430, § 3, emerg.
eff. June 5, 2014.
§70-11-103.6b. Social studies curriculum and textbooks to reflect
American diversity.
A. The State Board of Education shall adopt a social studies
core curriculum with courses of instruction for all students enrolled
in the public schools that reflect the racial, ethnic, religious, and
cultural diversity of the United States of America. The United
States history and Oklahoma history components required in the social
studies curriculum for all students shall include, but not be limited
to, African Americans, Native Americans, and Hispanic Americans. The
United States history component required in the social studies
curriculum for all students shall include information about
Juneteenth commemorating emancipation of enslaved African Americans.
B. The State Textbook Committee, when adopting textbooks, shall
incorporate the provisions of subsection A of this section into the
criteria used to evaluate United States history and Oklahoma history
textbooks. Any United States history or Oklahoma history textbook on
the state adopted textbook list shall conform to the purposes of this
section. The State Textbook Committee shall ensure that all social
studies textbooks and supplementary materials selected to be
purchased with state funds for use in Oklahoma classrooms reflect the
racial, ethnic, religious, and cultural diversity of the United
States.
C. It is the intent of the Legislature that a portion of the
state funds appropriated for professional development in local school
*+,-11'121#+,, .;
districts be used for workshops, seminars, guest lecturers, and other
methods which further the purposes of this section.
D. As used in this section, "curriculum" means the subject
matter standards adopted by the State Board of Education pursuant to
Section 11-103.6 of this title. School districts shall exclusively
determine instruction, specific course curricula, reading lists and
instructional materials pursuant to subsection F of Section 11-103.6a
of this title.
Added by Laws 1999, c. 294, § 1, eff. Nov. 1, 1999. Amended by Laws
2018, c. 257, § 1, eff. July 1, 2018.
§70-11-103.6c. Teachers of honors courses - Certification in subject
area.
Any school district offering courses labeled as honors courses
must ensure that teachers of such honors courses are certified to
teach in the subject area of the course in order to label the course
an honors course.
Added by Laws 2000, c. 215, § 1, eff. July 1, 2000.
§70-11-103.6d. Certificates of distinction.
A. District boards of education may develop and issue a
certificate of distinction that is to be awarded to students,
beginning with students in the 2000-2001 high school graduating class
who have met or exceeded the following criteria by the end of their
senior year in high school with at least a 3.25 grade point average
on a 4.0 scale:
1. Earned four units each in English, mathematics, social
studies, and science;
2. Earned two additional units in the area of technology, the
humanities, or the arts;
3. Earned two units in a foreign language; and
4. Achieved a proficient or advanced score on all end-of-
instruction tests as required pursuant to Section 1210.508 of this
title, as those tests are implemented.
B. For purposes of this section, applicable vocational-technical
classes offered by comprehensive high school vocational-technical
programs shall qualify for technology, science, and mathematics
units. Students enrolled in the programs may use one unit of their
six concentrated vocational-technical curriculum units for one unit
of mathematics required by this section and one unit of their six
concentrated vocational-technical curriculum units for one unit of
science required by this section. Advanced placement classes in the
subject areas listed in paragraphs 1, 2, and 3 of subsection A of
this section may be substituted on a course-by-course basis to
satisfy the academic units required for a certificate of distinction.
C. For purposes of this section, “unit” means a Carnegie Unit as
defined by the North Central Association’s Commission on Schools.
*+,-11'121#+,, .;$
Added by Laws 2000, c. 232, § 2, eff. July 1, 2000. Amended by Laws
2009, c. 456, § 7, eff. July 1, 2009.
NOTE: Editorially renumbered from § 11-103.6c of this title to avoid
duplication in numbering.
§70-11-103.6e. Certificates of distinction as part of higher
education admission standards.
Colleges and universities shall not make holding a certificate of
distinction a part of their admission standards.
Added by Laws 2000, c. 232, § 3, eff. July 1, 2000.
NOTE: Editorially renumbered from § 11-103.6d of this title to avoid
duplication in numbering.
§70-11-103.6f. Students transferring from out of state – Children of
military families - Exceptions to graduation requirements.
A. Prior to September 1, 2003, the State Board of Education
shall adopt rules to ensure that students who transfer into an
Oklahoma school district from out of state after the junior year of
high school of the student shall not be denied, due to differing
graduation requirements, the opportunity to be awarded a standard
diploma.
B. The rules shall allow district boards of education to make
exceptions on an individual student basis to the high school
graduation requirements of Section 11-103.6 of this title for such
students who would be unable to meet the specific graduation
requirements without extending the date of graduation. Each district
board of education that grants exceptions pursuant to this subsection
shall report to the State Department of Education on or before July 1
of each year the number of students granted exceptions and reasons
for the exceptions.
C. By December 1, 2015, the State Board of Education shall adopt
rules requiring school district boards of education to waive the
Oklahoma history high school graduation requirements of Section 11-
103.6 of this title for children of military families as defined in
the Interstate Compact on Educational Opportunity for Military
Children, set forth in Section 510.1 of this title, who transition
with the military from another state and who have satisfactorily
completed a similar state history class in another state.
Added by Laws 2003, c. 55, § 1, emerg. eff. April 10, 2003. Amended
by Laws 2015, c. 32, § 1, eff. July 1, 2015.
§70-11-103.6g. Passport to Financial Literacy Act - Short title.
Section 2 of this act shall be known and may be cited as the
“Passport to Financial Literacy Act”.
Added by Laws 2007, c. 173, § 1, eff. July 1, 2007.
*+,-11'121#+,, .;(
§70-11-103.6h-1. Personal Financial Literacy Education Revolving
Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Education to be designated the "Personal
Financial Literacy Education Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies directed to be deposited in the fund pursuant
to Section 30 of this act and any other monies received by the
Department for such purpose from any other public or private source.
All monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department for the purposes
set forth in Section 11-103.6h of Title 70 of the Oklahoma Statutes.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 2017, c. 279, § 3, eff. July 1, 2017. Amended by Laws
2019, c. 89, § 31, eff. Aug. 1, 2020.
§70-11-103.6h. Passport to Financial Literacy Act - Areas of
instruction - Graduation requirement - Duties of Department of
Education - Transfer students.
A. Personal financial literacy education shall be taught in the
public schools of this state. Personal financial literacy education
shall include, but is not limited to, the following areas of
instruction:
1. Understanding interest, credit card debt, and online
commerce;
2. Rights and responsibilities of renting or buying a home;
3. Savings and investing;
4. Planning for retirement;
5. Bankruptcy;
6. Banking and financial services;
7. Managing a bank account;
8. Understanding the Free Application for Federal Student Aid
(FAFSA), loans and borrowing money, including predatory lending and
payday loans;
9. Understanding insurance;
10. Identity fraud and theft;
11. Charitable giving;
12. Understanding the financial impact and consequences of
gambling;
13. Earning an income; and
14. Understanding state and federal taxes.
B. In order to graduate from a public high school accredited by
the State Board of Education with a standard diploma, students shall
fulfill the requirements for a personal financial literacy passport.
*+,-11'121#+,, .;
The requirements for a personal financial literacy passport shall be
satisfactory completion in all areas of instruction in personal
financial literacy as listed in subsection A of this section during
grades seven through twelve or demonstration of satisfactory
knowledge as provided for in subsection E of this section.
C. School districts shall provide instruction in personal
financial literacy to students during grades seven through twelve.
School districts shall have the option of determining when each area
of instruction listed in subsection A of this section shall be
presented to students.
D. Personal financial literacy instruction shall be integrated
into one or more existing courses of study or provided in a separate
personal financial literacy course. School districts shall have the
option of determining into which course or courses each area of
instruction listed in subsection A of this section shall be
integrated.
E. Students with the most significant cognitive disabilities
(MSCD) who have an Individualized Education Program (IEP) that
directs that the student is to be assessed with alternate
achievements standards through the Oklahoma Alternative Assessment
Program may demonstrate satisfactory knowledge in each area of
instruction listed in subsection A of this section upon a
determination, supported by documentation, by the school district
that the student has met the following criteria:
1. Receives substantive and substantial instruction in life-
skills curriculum; and
2. Demonstrates the acquired knowledge of the student with MSCD
by alternate measures as required by the IEP.
F. The State Board of Education shall identify and adopt
curriculum standards for personal financial literacy instruction that
reflect the areas of instruction listed in subsection A of this
section. The standards shall be incorporated into the state academic
content standards adopted by the Board pursuant to Section 11-103.6
of this title.
G. The State Department of Education shall:
1. Develop guidelines and material designed to enable schools to
infuse personal financial literacy within any course of study
currently offered by the school district or offer personal financial
literacy as a separate course. The guidelines shall outline the
areas of instruction to be taught based on the curriculum standards
adopted by the Board;
2. Develop professional development programs that are designed
to help teachers provide instruction in personal financial literacy
and incorporate the curriculum into an existing course or courses or
develop curriculum for a separate personal financial literacy course;
3. Provide and identify resources, including online curricula,
for integrating the teaching of personal financial literacy into an
*+,-11'121#+,, .;)
existing course or courses of study or for developing a separate
personal financial literacy course. Any online curricula provided or
identified by the Department shall include an assessment component
for each area of instruction listed in subsection A of this section;
4. Provide and identify resources, including online curricula,
and materials designed to enable students identified as English
language learners to understand and use the personal financial
literacy information presented; and
5. Utilize funds deposited into the Personal Financial Literacy
Education Revolving Fund created in Section 3 of this act for the
purpose of and to fund the Passport to Financial Literacy Act. Such
funds may be used for developing and providing guidelines, materials
and resources for personal financial literacy for students and
teachers including, but not limited to, online curricula, training
and professional development for teachers in the area of personal
financial literacy as required in this subsection. The Department
may use such funds to contract or work in conjunction with a third-
party, Oklahoma-based not-for-profit organization that has proven
expertise in the development of standards and curricula. The
Department may further use a third-party organization to deliver
professional development for teachers in the area of personal
financial literacy.
H. The Department may work with one or more not-for-profit
organizations that have proven expertise in the development of
standards and curriculum and delivery of teacher professional
development in personal financial literacy for the purpose of
developing and providing guidelines, materials, resources, including
online curricula, and professional development.
I. 1. For students who transfer into an Oklahoma school
district from out of state after the seventh grade, school districts
shall assess the knowledge of the student in each of the areas of
instruction listed in subsection A of this section. If the school
district determines that the transferred student has successfully
completed instruction in any or all of the areas of personal
financial literacy instruction at a previous school in which the
student was enrolled or if the student demonstrates satisfactory
knowledge of any or all of the areas of personal financial literacy
instruction through an assessment, the school district may exempt the
student from completing instruction in that area of personal
financial literary instruction. School districts may use the
assessment contained in the online curricula provided or identified
by the State Department of Education pursuant to subsection G of this
section to determine the personal financial literacy knowledge level
of the student. School districts may also use the online curricula
to present an area of instruction to transferred students who have
not completed or who did not demonstrate satisfactory knowledge in
one or more of the areas of personal financial literacy instruction.
*+,-11'121#+,, .;!
2. For students who transfer into an Oklahoma school district
from out of state after the junior year of high school, school
districts may make an exception to the requirements for a personal
financial literacy passport pursuant to the provisions of Section 11-
103.6 of this title.
J. The State Textbook Committee created in Section 16-101 of
this title may, when selecting textbooks for mathematics, economics,
or similar courses, select those textbooks which contain substantive
provisions on personal finance.
K. In order to deliver high-quality consistent personal
financial literacy instruction, school districts shall to the extent
possible assign the responsibility for teaching personal financial
literacy to the same teacher or teachers on a continuing basis.
L. Beginning with the 2020-2021 school year, all teachers who
are assigned the responsibility for teaching personal financial
literacy shall complete ongoing professional development training in
the areas of personal financial literacy instruction in accordance
with guidelines established by the State Department of Education.
Added by Laws 2007, c. 173, § 2, eff. July 1, 2007. Amended by Laws
2015, c. 239, § 1, eff. July 1, 2015; Laws 2017, c. 279, § 1, eff.
July 1, 2017.
§70-11-103.6i. State Board of Education – Adoption of Oklahoma City
bombing to curriculum.
A. The State Board of Education shall adopt a social studies
core curriculum with courses of instruction in Oklahoma history for
all students enrolled in the public schools that incorporates
information about the April 19, 1995, bombing of the Alfred P. Murrah
Federal Building in Oklahoma City and the role it played in the
history of Oklahoma and the nation from April 19, 1995, to the
present. A study of the bombing and its aftermath can help students
learn the impact of violence, the senselessness of using violence to
solve problems or change their government, and the importance of
personal responsibility.
B. The State Department of Education may make program materials
and resources concerning the April 19, 1995, bombing of the Alfred P.
Murrah Federal Building in Oklahoma City provided by the Oklahoma
City National Memorial and Museum available to the public schools of
this state.
C. The State Textbook Committee, when adopting textbooks, shall
incorporate the provisions of subsection A of this section into the
criteria used to evaluate United States history and Oklahoma history
textbooks.
Added by Laws 2010, c. 36, § 1, eff. July 1, 2010.
§70-11-103.6j. Workplace safety training information.
*+,-11'121#+,, .;
A. The State Department of Education, in collaboration with the
Oklahoma Department of Labor, shall make available to school
districts information regarding workplace safety training for grades
seven through twelve. Such information shall include the Oklahoma
Department of Labor's "Youth @ Work Talking Safety: A Safety and
Health Curriculum for Young Workers".
0;
6
C. The State Board of Education shall promulgate rules to
implement the provisions of this act.
Added by Laws 2015, c. 4, § 1.
§70-11-103.6k. College and career endorsements - Curriculum
requirements
A. The State Board of Education, in collaboration with the State
Board of Career and Technology Education and the Oklahoma State
Regents for Higher Education, shall develop college and career
endorsements that will provide distinction and direct student
coursework toward clear career pathways.
B. A student may earn a college and career endorsement by
satisfying the curriculum requirements in any of the following
categories:
1. Science, technology, engineering and mathematics (STEM),
which may include but shall not be limited to courses directly
related to science, including environmental science, technology,
including computer science, engineering and advanced mathematics;
2. Business and industry, which may include but shall not be
limited to courses directly related to database management,
information technology, communications, accounting, finance,
marketing, graphic design, architecture, construction, welding,
logistics, automotive technology, agricultural science and heating,
ventilation and air conditioning;
3. Public services, which may include but shall not be limited
to courses directly related to health sciences and occupations,
education and training, law enforcement and culinary arts and
hospitality;
4. Arts and humanities, which may include but shall not be
limited to courses directly related to political science, world
languages, cultural studies, English literature, history and fine
arts;
5. Multidisciplinary studies, which allow a student to select
courses from the curriculum of each college and career endorsement
*+,-11'121#+,, .;"
area specified under this subsection and earn credits in a variety of
advanced courses from multiple content areas; and
6. Any other area of study as determined by the State Board of
Education.
C. The State Board of Education, in collaboration with the State
Board of Career and Technology Education, the Oklahoma State Regents
for Higher Education and representatives of business, labor and
industry, shall specify the curriculum requirements for each college
and career endorsement specified in subsection B of this section.
D. For purposes of this section, applicable courses taken at a
technology center school may, at the discretion of the State Board of
Education, qualify for any of the courses required for a college and
career endorsement.
E. The State Board of Education shall develop and implement a
mechanism by which to recognize college and career endorsements.
Added by Laws 2016, c. 263, § 1, eff. Nov. 1, 2016.
§70-11-103.6l. Workforce Oklahoma Academic High School Diploma
Recognition Act
A. This act shall be known and may be cited as the "2016
Workforce Oklahoma Academic High School Diploma Recognition Act".
B. Beginning with the 2020-2021 high school graduating class, a
school district may implement graduation recognitions for students
who have met the curricular requirements set forth in Section 11-
103.6d of Title 70 of the Oklahoma Statutes and who have participated
in an approved program of study leading to a recognized career and/or
postsecondary education pathway. Such students may be eligible for
the following graduation recognitions on their standard diploma:
1. "Recognition of highest academic distinction" for students
who achieve a cumulative high school grade point average of 3.75 or
higher on a 4.0 scale for all coursework performed in their career
pathway of choice, along with meeting state-recognized college
entrance requirements at the time of graduation;
2. "Recognition of academic honors" for students who achieve a
cumulative high school grade point average of 3.5 or higher on a 4.0
scale for all coursework performed in their career pathway of choice,
along with meeting state-recognized college entrance requirements at
the time of graduation; and
3. "Recognition of academic merit" for students who achieve a
cumulative high school grade point average of 3.0 or higher on a 4.0
scale for all coursework performed in their career pathway of choice,
along with meeting state-recognized college entrance requirements at
the time of graduation.
C. A graduation recognition awarded pursuant to this section may
be indicated upon the diploma and high school transcript of those
students who qualify for such status.
*+,-11'121#+,, .;
D. For the purposes of this section "approved programs of study"
shall mean those programs of study identified by the local school
district that shall include an identified sequence of courses leading
to career entry and/or postsecondary education. Approved course
sequences shall include at least six (6) credits within a career
pathway and shall include advanced placement courses, career and
technical science, technology, engineering and mathematics (STEM)
courses, concurrent enrollment college courses or a combination of
such courses that best prepare students for work or further study in
a career pathway of their choice.
E. The State Board of Education and the State Board of Career
and Technology Education shall promulgate rules necessary to
implement the provisions of this section.
Added by Laws 2016, c. 371, § 1.
§70-11-103.6m. Computer science programs rubric.
A. The State Department of Education shall develop by December
31, 2019, a rubric for computer science programs in elementary,
middle and high schools to serve as a guide to schools for
implementing quality computer science programs.
B. The rubric shall include but not be limited to the following
recommendations:
1. No less than one computer science course taught by a teacher
with a computer science certification at each school site, which may
include core content courses where computer science concepts are
integrated; and
2. Allowing all students to have access to career exploration
activities that address how computer science skills are utilized.
C. Each course or offering shall be aligned to the Oklahoma
Academic Standards for Computer Science and current research-based
instructional practices.
D. The provisions of this section shall not be construed to mean
that courses may not be taught in a virtual, distance, integrated or
other innovative setting.
Added by Laws 2019, c. 332, § 1, eff. July 1, 2019.
§70-11-103.6n. Professional learning opportunities for computer
science courses – Grant program.
A. Subject to the availability of funds, One Million Dollars
($1,000,000.00) shall be allocated by the State Board of Education to
develop and implement high quality professional learning
opportunities for computer science courses that align to the Oklahoma
Academic Standards for Computer Science and align to the rubric
developed by the State Department of Education for quality computer
science programs pursuant to Section 1 of this act.
B. The State Department of Education may create a grant program
for the purpose of providing professional learning opportunities.
*+,-11'121#+,, .;"
Entities eligible to receive grant funds shall include but not be
limited to:
1. A school district or a consortium of school districts; and
2. High-quality computer science professional learning providers
including institutions within The Oklahoma State System of Higher
Education, technology center schools overseen by the Oklahoma State
Board of Career and Technology Education, non-profit organizations or
private entities.
C. Grant funds shall be used by grantees for:
1. High-quality professional learning for kindergarten through
twelfth grade computer science content including travel to workshops;
2. Credentialing for kindergarten through twelfth grade computer
science teachers including career and technology education
endorsements and academic supplemental endorsements;
3. Supports for kindergarten through twelfth grade computer
science professional learning including mentoring and coaching;
4. Creation of instructional resources to support implementation
including integrated curricular resources; and
5. Developing or redesigning computer science resources that are
aligned with the Oklahoma Academic Standards for Computer Science.
Up to ten percent (10%) of grant funds may be used to study the
effectiveness of professional learning, curricula or other
initiatives provided for in this subsection.
D. A grantee may use grant funds to purchase technology
including software, hardware or infrastructure, provided it is
directly connected to the grantee's ability to implement a quality
computer science program as defined by the rubric required by Section
1 of this act. To use grant funds for technology, a grantee shall
specify in the grant application the amount of funds to be used for
technology and the items to be purchased.
E. The State Department of Education shall prioritize the
following grant applications:
1. School districts that are working in partnership with
providers of high-quality professional learning for kindergarten
through twelfth grade computer science;
2. Proposals that describe strategies to enroll underserved
populations of students; and
3. Proposals from rural or urban areas with low penetration of
kindergarten through twelfth grade computer science offerings
including school districts that partner together to form clusters of
implementation.
F. The State Board of Education shall promulgate rules to
implement the provisions of this act.
Added by Laws 2019, c. 332, § 2, eff. July 1, 2019.
§70-11-103.7. Early childhood education programs - Standards.
*+,-11'121#+,, .;"
A. Each school district may offer to four-year-old children the
opportunity to participate in an early childhood education program.
B. The State Board of Education shall promulgate standards for
early childhood education programs for children who are at least four
(4) years of age on or before September 1 of the ensuing school year.
The standards shall include both half-day programs consisting of not
less than two and one-half (2 1/2) hours per school day, and full-day
programs of six (6) hours. The standards for all early childhood
education programs shall require a certified teacher, as specified in
this section, to be present in the classroom for the length of the
school day. Such program shall:
1. Be directed toward developmentally appropriate objectives for
such children, rather than toward academic objectives suitable for
older children;
2. Accommodate the needs of all children and families regardless
of socioeconomic circumstances; and
3. Require that any teacher employed by a public school to teach
in such early childhood education program shall be certified in early
childhood education.
C. The superintendent of any school district providing classroom
space or other school facilities for a federally sponsored Head Start
program that is planning to make a material change in the
arrangement, shall give notice to the director of the Head Start
program at least seven (7) days prior to a school board hearing on
the matter.
D. A school district may offer such early childhood education
program within the district, in cooperation with other districts,
through the use of transfers as specified by law, or by contracting
with a private or public provider of early childhood education
programs, or by contracting for classroom space with a licensed
public or private child care provider based upon selection criteria
established by the district. If the program is provided through
contract with a private or public provider other than a school
district, the contract may only be continued if each teacher serving
the school on and after January 1, 1993, is certified in early
childhood education, except that all teachers, without such
certification, hired by such provider prior to January 1, 1993, and
serving in the school as an early childhood education teacher shall
be required to obtain certification on or before the beginning of the
1996-97 school year. Any person who has been employed as an early
childhood educator with the Head Start Program, has a child
development associate degree (CDA) and has at least five (5) years of
experience in such employment shall be certified in early childhood
education for purposes of employment in the public schools of this
state to teach in early childhood education for children four (4)
years of age and younger; if such person is recertified in child
development by the Council for Early Childhood Professional
*+,-11'121#+,, .;"$
Recognition within five (5) years prior to the expiration of the
person's early childhood certificate that was issued by the State
Board of Education, such person shall be granted a renewal
certificate in early childhood education by the State Board of
Education upon expiration of the early childhood certificate.
Provided, private or public providers shall meet such other standards
required by law and by the State Board of Education.
E. If an early childhood program is provided by a private or
public provider pursuant to a contract as authorized in this section,
the contract shall address the requirements for implementing the
induction program as required in Section 6-195 of this title.
Teachers employed by a private or public provider in an early
childhood education program provided through contract with a public
school district shall receive in salary and/or fringe benefits
amounts not less than the amounts specified in the schedule set forth
in Section 18-114.14 of this title.
F. The State Board of Education shall promulgate rules to
provide for the implementation of such program.
G. An early childhood education program may be offered jointly
by school districts that have formed interlocal cooperative
agreements pursuant to Section 5-117b of this title.
H. The term "prekindergarten" shall mean early childhood
education for purposes of this title.
I. The State Board of Education shall ensure that the standards
for early childhood education are aligned with any new subject matter
standards adopted pursuant to Section 11-103.6a of this title.
Added by Laws 1989, c. 335, § 3, eff. July 1, 1989. Amended by Laws
1989, 1st Ex. Sess., c. 2, § 16, emerg. eff. April 25, 1990; Laws
1990, c. 263, § 68, operative July 1, 1990; Laws 1991, c. 67, § 6,
emerg. eff. April 12, 1991; Laws 1994, c. 205, § 2, eff. Sept. 1,
1994; Laws 1998, c. 204, § 2, eff. July 1, 1998; Laws 1999, c. 355, §
2, eff. July 1, 1999; Laws 2001, c. 403, § 2, eff. July 1, 2001; Laws
2015, c. 217, § 3, eff. Nov. 1, 2015; Laws 2018, c. 165, § 5, eff.
Nov. 1, 2018.
§70-11-103.8. Teaching of ebonics as credit course prohibited.
Ebonics shall not be recognized as a language art and shall not
be taught as a course or class in the public schools of the state for
which a student receives credit or which is counted towards
fulfilling graduation requirements. For purposes of this section,
"Ebonics" means an Africanized form of English reflecting Black
Americans' linguistic-cultural ties to their African heritage.
Ebonics may also be known as Black English or Black dialect.
Added by Laws 1997, c. 86, § 1, emerg. eff. April 11, 1997.
§70-11-103.9. Physical education programs required for
accreditation.
*+,-11'121#+,, .;"(
A. Except as otherwise provided for in this section, the State
Board of Education shall require, as a condition of accreditation,
that school districts provide to all students physical education
programs which may include athletics.
B. The Board shall require, as a condition of accreditation,
that public elementary schools provide instruction, for students in
full-day kindergarten and grades one through five, in physical
education or exercise programs for a minimum of an average of sixty
(60) minutes each week. The time students participate in recess
shall not be counted toward the sixty-minutes-per-week physical
education requirement. Schools may exclude from participation in the
physical education or exercise programs required in this subsection
those students who have been placed into an in-house suspension or
detention class or placement or those students who are under an in-
school restriction or are subject to an administrative disciplinary
action.
C. The Board shall require, as a condition of accreditation,
that public elementary schools provide to students in full-day
kindergarten and grades one through five, in addition to the
requirements set forth in subsection B of this section, an average of
sixty (60) minutes each week of physical activity, which may include,
but not be limited to, physical education, exercise programs, fitness
breaks, recess, and classroom activities, and wellness and nutrition
education. Each school district board of education shall determine
the specific activities and means of compliance with the provisions
of this subsection, giving consideration to the recommendations of
each school's Healthy and Fit School Advisory Committee as submitted
to the school principal pursuant to the provisions of Section 24-100a
of this title.
D. The Board shall disseminate information to each school
district on the benefits of physical education programs and shall
strongly encourage districts to provide physical education
instruction to students in grades six through twelve. The Board
shall also strongly encourage school districts to incorporate
physical activity into the school day by providing to students in
full-day kindergarten and grades one through five at least a twenty-
minute daily recess, which shall be in addition to the sixty (60)
minutes of physical education as required by subsection B of this
section, and by allowing all students brief physical activity breaks
throughout the day, physical activity clubs, and special events.
E. Instruction in physical education required in this section
shall be aligned with the subject matter standards as adopted by the
Board.
F. The physical education curriculum shall be sequential,
developmentally appropriate, and designed, implemented, and evaluated
to enable students to develop the motor and self-management skills
and knowledge necessary to participate in physical activity
*+,-11'121#+,, .;"
throughout life. Each school district shall establish specific
objectives and goals the district intends to accomplish through the
physical education curriculum.
G. In identifying the essential knowledge and skills, the State
Board of Education shall ensure that the subject matter standards for
physical education:
1. Emphasize the knowledge and skills capable of being used
during a lifetime of regular physical activity;
2. Are consistent with national physical education standards
for:
a. the information that students should learn about
physical activity, and
b. the physical activities that students should be able to
perform;
3. Require that, on a weekly basis, at least fifty percent (50%)
of the physical education class be used for actual student physical
activity and that the activity be, to the extent practicable, at a
moderate or vigorous level;
4. Offer students an opportunity to choose among many types of
physical activity in which to participate;
5. Offer students both cooperative and competitive games;
6. Meet the needs of students of all physical ability levels,
including students who have a disability, chronic health problem, or
other special need that precludes the student from participating in
regular physical education instruction but who might be able to
participate in physical education that is suitably adapted and, if
applicable, included in the student's individualized education
program;
7. Teach self-management and movement skills;
8. Teach cooperation, fair play, and responsible participation
in physical activity;
9. Promote student participation in physical activity outside of
school; and
10. Allow physical education classes to be an enjoyable
experience for students.
H. The Board shall adopt rules to implement the provisions of
this section.
Added by Laws 2005, c. 29, § 1, eff. Nov. 1, 2005. Amended by Laws
2007, c. 258, § 1, eff. July 1, 2007; Laws 2008, c. 117, § 1; Laws
2009, c. 83, § 1, eff. July 1, 2009; Laws 2010, c. 339, § 1, eff.
Nov. 1, 2010; Laws 2014, c. 430, § 5, emerg. eff. June 5, 2014; Laws
2019, c. 50, § 1, eff. July 1, 2019.
§70-11-103.9a. Oklahoma Kids Fitness Challenge Act.
A. This act shall be known and may be cited as the “Oklahoma
Kids Fitness Challenge Act”.
*+,-11'121#+,, .;")
B. The State Board of Education shall establish a physical
activity program for public school students in the fifth grade, which
each school district may elect to implement for the fifth-grade
students in that district. The program shall incorporate the fitness
challenges adopted by the Presidents Council on Physical Fitness and
Sports and may include the following activities:
1. Twenty-five sit-ups in two (2) minutes a minimum of three
times per week every week during the school year; or
2. Walk a minimum of twenty-five (25) miles per week every week
during the school year.
C. The physical activity program established by the State Board
of Education shall also incorporate a “Walk Across Oklahoma” activity
plan for school districts. The plan shall establish routes that
challenge students to complete virtual walks across the state and at
the same time learn facts, geography, and history about various
locations in the state. The Board shall work with the Oklahoma
Tourism and Recreation Department and the Oklahoma Historical Society
in developing the activity plan. The Board shall provide to school
districts:
1. Information about public and private resources and options
available to school districts to provide pedometers or step-counters
to students;
2. Resources for teachers, that shall be available on the State
Department of Education web site, which includes, but is not limited
to:
a. information about using a pedometer or step-counters,
b. materials to incorporate the use of pedometers or step-
counters into course curriculum,
c. materials and sources of information relating to facts,
geography, and history of the state,
d. information about recreational areas in the state, and
e. recreation and health education information; and
3. Ideas of ways to involve parents and guardians in the
activity.
D. Each school district shall provide exceptions to the physical
activity program implemented by the district for students who are
unable to comply due to physical limitations.
Added by Laws 2005, c. 98, § 1, eff. July 1, 2005.
NOTE: Editorially renumbered from § 11-103.9 of this title to avoid
duplication in numbering.
§70-11-103.10. Program materials relating to environmental issues
and policies.
The State Department of Education may make program materials
concerning environmental issues and policies, provided by the
Department of Environmental Quality, available to the public schools
of this state.
*+,-11'121#+,, .;"!
Added by Laws 1991, c. 340, § 4, eff. July 1, 1991. Amended by Laws
1993, c. 145, § 355, eff. July 1, 1993.
§70-11-103.11. Elective course offering on Old and New Testament.
A. A school district may offer to students in grade nine or
above:
1. An elective course on the Hebrew Scriptures (Old Testament)
and its impact and an elective course on the New Testament and its
impact; or
2. An elective course that combines the courses described in
paragraph 1 of this subsection.
B. The purposes of courses authorized by this section are to:
1. Teach students knowledge of biblical content, characters,
poetry, and narratives that are prerequisites to understanding
contemporary society and culture, including literature, art, music,
mores, oratory, and public policy; and
2. Familiarize students with, as applicable:
a. the contents of the Hebrew Scriptures or New Testament,
b. the history of the Hebrew Scriptures or New Testament,
c. the literary style and structure of the Hebrew
Scriptures or New Testament, and
d. the influence of the Hebrew Scriptures or New Testament
on law, history, government, literature, art, music,
customs, morals, values, and culture.
C. The Bible shall be the primary text of the course and may be
supplemented with additional resources. The primary text for the
course will be a parallel translation Bible or multi-translation
Bible that uses more than one translation for side-by-side comparison
chosen by the school district. However, a student may not be
required to use a specific translation as the sole text of the Hebrew
Scriptures or New Testament and may use as the basic textbook a
different translation of the Hebrew Scriptures or New Testament from
that chosen by the district board of education or the student’s
teacher.
D. A course offered pursuant to this section shall follow
applicable law and all federal and state guidelines in maintaining
religious neutrality and accommodating the diverse religious views,
traditions, and perspectives of students in the school district. A
course offered pursuant to this section shall not endorse, favor, or
promote, or disfavor or show hostility toward, any particular
religion or nonreligious faith or religious perspective. Nothing in
this section is intended to violate any provision of the United
States Constitution or federal law, the Oklahoma Constitution or any
state law, or any rules or guidelines provided by the United States
Department of Education or the State Department of Education.
E. A teacher of a course offered pursuant to this section must
be certified to teach social studies or literature.
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Added by Laws 2010, c. 227, § 1, eff. Nov. 1, 2010.
§70-11-104. Military and athletic training - Assistance.
The board of education of any school district is hereby
authorized to provide for military training, athletic training and
physical examination of pupils in such district, and is hereby
authorized to accept assistance from the United States Secretary of
Defense and National Department of Defense or any branch thereof or
from any other federal agency or from the Oklahoma National Guard,
for the purpose of military drill and training.
Added by Laws 1971, c. 281, § 11-104, eff. July 2, 1971.
§70-11-105. Use of military equipment in school districts.
The governing board of each state educational institution and of
each school district in the State of Oklahoma shall have authority to
enter into contracts for the use of property and equipment for
military training purposes, and shall have authority to give, or
cause to be given, bonds or other security as may be required by
federal law or regulations of the Secretary of the Army, Navy or Air
Force, or other federal officer or agency, for the care and
safekeeping of such property and equipment, or for similar purposes;
and shall also have authority to make reimbursement for such property
and equipment. The cost of such bonds, security and reimbursements
shall be paid from funds available for the operation of such
institution or school district.
Added by Laws 1971, c. 281, § 11-105, eff. July 2, 1971.
§70-11-105.1. Sex education - Approval of curriculum and materials.
A. All curriculum and materials including supplementary
materials which will be used to teach or will be used for or in
connection with a sex education class or program which is designed
for the exclusive purpose of discussing sexual behavior or attitudes,
or any test, survey or questionnaire whose primary purpose is to
elicit responses on sexual behavior or attitudes shall be available
through the superintendent or a designee of the school district for
inspection by parents and guardians of the student who will be
involved with the class, program or test, survey or questionnaire.
Such curriculum, materials, classes, programs, tests, surveys or
questionnaires shall include information about consent and shall have
as one of its primary purposes the teaching of or informing students
about the practice of abstinence. For the purposes of this section,
"consent" shall have the same meaning as that provided by Section 113
of Title 21 of the Oklahoma Statutes. The superintendent or a
designee of the school district shall provide prior written
notification to the parents or guardians of the students involved of
their right to inspect the curriculum and material and of their
obligation to notify the school in writing if they do not want their
*+,-11'121#+,, .;""
child to participate in the class, program, test, survey or
questionnaire. Each local board of education shall determine the
means of providing written notification to the parents and guardian
which will ensure effective notice in an efficient and appropriate
manner. No student shall be required to participate in a sex
education class or program which discusses sexual behavior or
attitudes if a parent or guardian of the student objects in writing
to such participation. If the type of program referred to in this
section is a part of or is taught during a credit course, a student
may be required to enroll in the course but shall not be required to
receive instruction in or participate in the program if a parent or
guardian objects in writing.
B. The superintendent or a designee of a school district in
which sex education is taught or a program is offered which is
designed for the exclusive purpose of discussing sexual behavior or
attitudes shall approve all curriculum and materials which will be
used for such education and any test, survey or questionnaire whose
primary purpose is to elicit responses on sexual behavior or
attitudes used in the school prior to their use in the classroom or
school. The teacher involved in the class, program, testing or
survey shall submit the curriculum, materials, tests or surveys to
the superintendent or a designee for approval prior to their use in
the classroom or school. This section shall not apply to those
students enrolled in classes, programs, testings or surveys offered
through an alternative education program.
Added by Laws 1995, c. 298, § 1, eff. Nov. 1, 1995. Amended by Laws
2019, c. 133, § 1, eff. July 1, 2019.
§70-11-106. Parental inspection of instructional material used in
research or experimentation program or project.
All instructional material, including teachers' manuals, films,
tapes or other supplementary instructional material which will be
used in connection with any research or experimentation program or
project, shall be available for inspection by the parents or
guardians of the children engaged in such program or project. For
the purpose of this section, "research or experimentation program or
project" means any program or project in any applicable program
designed to explore or develop new or unproven teaching methods or
techniques.
Laws 1981, c. 215, § 1, emerg. eff. June 1, 1981.
§70-11-106.1. Inspection of instructional material.
A. All instructional material, including but not limited to
teacher manuals, films, tapes or other supplementary instructional
material in any format, used by a public school as part of the
educational curriculum, shall be available for inspection by the
parents or guardians of students enrolled in the school.
*+,-11'121#+,, .;"
B. Each school district shall develop and adopt policies
pertaining to the inspection of instructional materials in
consultation with parents and guardians. The policies shall include
procedures for granting a request by a parent or guardian for
reasonable access to instructional material within a reasonable
period of time after the request is received.
C. For the purposes of this section, "instructional material"
means instructional content that is provided to a student, regardless
of the format, including printed or representational materials,
audio-visual materials and materials in electronic or digital
formats.
Added by Laws 2014, c. 430, § 6, emerg. eff. June 5, 2014.
§70-11-107. Psychiatric or psychological examination, testing or
treatment and eliciting of certain personal information prohibited
without parental consent.
Without the prior written consent of the parent or guardian, no
student who is an unemancipated minor shall be required, as part of
any applicable program, to submit to psychiatric or psychological
examination, testing or treatment; nor may any teacher or staff
personnel without such consent elicit by written survey or written
examination from any student information of a personal or private
nature concerning any of the following areas:
1. Religious beliefs;
2. Mental or psychological problems potentially embarrassing to
the student or his family;
3. Sexual behavior and attitudes;
4. Critical appraisals of other individuals with whom the
student has a close family relationship;
5. Legally recognized privileged communication.
Laws 1981, c. 215, § 2, emerg. eff. June 1, 1981.
§70-11-107.1. College entrance examinations - Remediation course for
high school students.
A. Each school district in this state may offer a remediation
course for high school students who score below a nineteen (19) on
the American College Testing (ACT) exam or below an equivalent score
on the SAT exam.
B. Nothing in subsection A of this section shall be construed to
require that a teacher providing instruction in the remediation
course be certified in any subject matter that is tested on the ACT
or SAT exam.
Added by Laws 2017, c. 61, § 1, eff. Nov. 1, 2017.
§70-11-108. Oklahoma Youth Community Services Act - Short title.
This act shall be known and may be cited as the "Oklahoma Youth
Community Services Act".
*+,-11'121#+,, .;
Added by Laws 1992, c. 186, § 1, eff. July 1, 1992.
§70-11-108.1. Definitions.
As used in this act:
1. "Youth community service program" means a program established
by a school district as part of the curriculum for secondary students
which includes youth community service activities integrated with
study and reflection on the experiences gained through youth
community service activities; and
2. "Youth community service activities" means volunteer
activities performed by secondary school students through a youth
community service program that meet the needs of others in the school
or community and are designed to enhance the student's personal
growth, career exploration, understanding of community and
citizenship, social science skills, and communication skills.
Added by Laws 1992, c. 186, § 2, eff. July 1, 1992.
§70-11-108.2. Secondary educational credit for community service.
School districts may establish as part of the curriculum a youth
community service program for secondary students which includes youth
community service activities integrated with study and reflection on
the experiences gained through youth community service activities. A
student may receive elective credit for participating in a youth
community service program as long as the outcomes of the program
reflect the competencies outlined in the Oklahoma Learner Outcomes
adopted by the State Board of Education. A student may perform youth
community service activities for educational credit only under the
sponsorship of an organization approved by the State Department of
Education. Youth community service activities shall not be used to
displace any employees or reduce the number of hours for which any
employee is paid.
Added by Laws 1992, c. 186, § 3, eff. July 1, 1992.
§70-11-108.3. Program development - Assistance from State Board of
Education.
The State Board of Education may assist school districts with the
development of youth community service programs by:
1. Establishing and maintaining a list of acceptable projects
with a description of each project, and providing for projects to be
placed on the list upon proper application by the local district and
evaluation by the State Department of Education;
2. Verifying that community sponsors have filed assurances with
the Department of Education that youth community services students
are not displacing employees or reducing the hours for which any
employee is paid;
3. Assisting school districts in publicizing the youth community
service program and in determining whether there is sufficient
*+,-11'121#+,, .;
interest in the district to warrant a youth community service
program;
4. Monitoring districts to assure that youth community service
programs are established in districts where interest warrants;
5. Evaluating local youth community service programs;
6. Developing in-service training components to be used by local
districts for preparation of youth community service program faculty
sponsors;
7. Assisting local districts in applying for grants from private
or governmental sources for youth community service programs; and
8. For the purpose of implementing this act the State Board of
Education shall utilize only grants from private and governmental
sources.
Added by Laws 1992, c. 186, § 4, eff. July 1, 1992.
§70-11-108.4. Federal funds - Application.
The State Board of Education is authorized to apply for federal
funds for the purpose of establishing a program through which local
school districts may apply for grants to fund local youth community
service programs.
Added by Laws 1992, c. 186, § 5, eff. July 1, 1992.
§70-11-109. Award of funds to school districts - Competitive
application.
Funds appropriated to the State Board of Education for the
School/Community Network for the Arts-in-Education program shall be
awarded to school districts on a competitive application basis in
accordance with rules promulgated by the State Board of Education for
such purpose.
Added by Laws 1995, c. 305, § 11, eff. July 1, 1995.
§70-11-109.1. Award of funds to nonprofit organizations -
Competitive basis.
Funds appropriated to the State Board of Education for the Arts-
in-Education program shall be awarded on a competitive basis to
nonprofit organizations for programs serving schools identified by
the State Board of Education, pursuant to Section 1210.541 of this
title, as in need of improvement.
Added by Laws 1995, c. 305, § 12, eff. July 1, 1995. Amended by Laws
2013, c. 83, § 15, eff. July 1, 2013.
§70-11-110. Coursework inventory - Approved credit towards
graduation.
The State Board of Education shall conduct an inventory of all
coursework approved for credit for graduation in each school district
and establish criteria by which such courses are approved.
*+,-11'121#+,, .;$
It is the intent of the Legislature that only academic
coursework, including vocational education courses, shall be approved
for credit toward graduation.
Added by Laws 1995, c. 305, § 13, eff. July 1, 1995.
§70-11-111. College preparatory curriculum - Parental approval for
exemption.
A. Beginning with students entering the ninth grade in the 2006-
2007 school year, all students shall complete the following college
preparatory curricular requirements:
1. Four units of English to include Grammar, Composition,
Literature, or any English course approved for college admission
requirements;
2. Three units of laboratory science, limited to Biology,
Chemistry, Physics, or any laboratory science course with content
and/or rigor equal to or above Biology and approved for college
admission requirements;
3. Three units of mathematics, limited to Algebra I, Algebra II,
Geometry, Trigonometry, Math Analysis, Calculus, Advanced Placement
Statistics, or any mathematics course with content and/or rigor above
Algebra I and approved for college admission requirements;
4. Three units of history and citizenship skills, including one
unit of American History and two units from the subjects of History,
Government, Geography, Economics, Civics, or Non-Western culture;
5. Two units of the same foreign or non-English language or two
units of computer technology approved for college admission
requirements, whether taught at a high school or a technology center
school, including computer programming, hardware, and business
computer applications such as word processing, databases,
spreadsheets, and graphics, excluding keyboarding or typing courses;
6. One additional unit selected from paragraphs 1 through 5 of
this subsection or career and technology education courses approved
for college admission requirements; and
7. One unit or set of competencies of fine arts, such as music,
art, or drama, or one unit of speech.
B. 1A student may enroll in a curriculum that does not meet the
requirements of subsection A of this section upon approval of the
parent or legal guardian of the student. School districts may
require a parent or legal guardian of the student to meet with a
designee of the school prior to enrollment in such a curriculum. The
State Department of Education shall develop and distribute to school
districts a form suitable for this purpose which shall include
information on the benefits to students of completing the college
preparatory curriculum required pursuant to this section.
C. The State Department of Education shall collect and report
data by school site and district on the number of students whose
*+,-11'121#+,, .;(
parents or legal guardians approve enrollment in other than the
college preparatory curriculum required pursuant to this section.
D. Notwithstanding the provisions of this section, in order to
graduate from a public high school accredited by the State Board of
Education with a standard diploma, students shall continue to be
subject to the curricular requirements established pursuant to
Section 11-103.6 of Title 70 of the Oklahoma Statutes.
E. For purposes of this section, the courses approved for
college admission requirements shall be courses which are approved by
the Oklahoma State Regents for Higher Education for admission to an
institution within The Oklahoma State System of Higher Education.
Added by Laws 2005, c. 432, § 8, eff. July 1, 2005.
§70-12-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-12-101. Program for audiovisual training.
The State Board of Education shall have authority to formulate,
establish and maintain and cause to be administered a program of
audiovisual education for the public schools of the state.
Added by Laws 1971, c. 281, § 12-101, eff. July 2, 1971.
§70-12-102. Motion picture films - State depository.
The State Board of Education shall have authority to select or
cause to be selected motion picture films appropriate to the
curriculum of the public schools of Oklahoma, and shall establish and
*+,-11'121#+,, .;
maintain a state depository where all such films shall be kept for
assignment. Certain special films may be designated by the State
Board of Education to be circulated from the state depository to
various schools.
Laws 1971, c. 281, § 12-102, eff. July 2, 1971; Laws 1981, c. 353, §
4.
§70-12-103. Regional film libraries.
The State Board of Education shall have authority to establish
and maintain regional film libraries. It shall be the responsibility
of such regional libraries to receive, maintain, keep a record of and
circulate all films received from the state depository and to return
such films to the state depository when there is no longer a need
therefor in any of the schools served by the regional library or when
directed to do so by the State Board of Education and to furnish
films to county superintendents of schools and boards of school
districts upon written requests therefor.
Laws 1971, c. 281, § 12-103, eff. July 2, 1971; Laws 1981, c. 353, §
5.
§70-12-104. Local film library.
Any county or school district or educational institution
supported by tax funds may establish and maintain a local film
library and shall have authority to expend local funds for such
purpose. Monies expended by any county or school district, or by any
educational institution supported by tax funds, for the purchase of
projection and audio materials approved by the State Board of
Education may be matched with state monies appropriated for such
purpose, in amounts not to exceed the following: Any county, One
Thousand Dollars ($1,000.00); any school district or tax-supported
educational institution employing one to fifty teachers, One Thousand
Dollars ($1,000.00); any school district or tax supported educational
institution employing fifty-one to two hundred fifty teachers, Two
Thousand Dollars ($2,000.00); and any school district or tax-
supported educational institution employing more than two hundred
fifty teachers, Three Thousand Dollars ($3,000.00). Provided, monies
received by a school district under the provisions of this section
shall not be considered as a part of its chargeable income for state-
aid purposes.
Laws 1971, c. 281, § 12-104, eff. July 2, 1971.
§70-12-105. Rules and regulations.
The State Board of Education shall adopt and enforce such rules
and regulations as may be necessary to make such program of
audiovisual education effective.
Added by Laws 1971, c. 281, § 12-105, eff. July 2, 1971.
*+,-11'121#+,, .;)
§70-12-106. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-12-107. Board of education - Purchase or rent projectors and
supplies.
Pursuant to an estimate duly made and approved for such purpose
the board of education of any school district, or any two or more
school districts in cooperation with each other, may purchase or rent
moving picture projectors, either silent or sound; purchase
attachments, film splicers or film repair equipment of all types,
cable, wire or any and all equipment and materials deemed necessary
by said board of education or boards of education for the successful
operation and conduct of a visual education program in the schools of
such district or districts.
Added by Laws 1971, c. 281, § 12-107, eff. July 2, 1971.
§70-12-108. Personnel to administer provisions of this article.
The State Board of Education shall appoint, employ and fix the
compensation and duties of necessary personnel, and shall incur
necessary expenses, to administer and carry out the provisions of
this article, and all such compensation and other expenses shall be
paid from any funds appropriated to carry out the provisions of this
article.
Added by Laws 1971, c. 281, § 12-108, eff. July 2, 1971.
§70-13-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;!
§70-13-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-8a. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-13-101. Special education and related services for children with
disabilities - Cooperative programs - Funding - Duty to provide
special services.
The several school districts of Oklahoma are hereby authorized to
provide special education and related services necessary for children
with disabilities as hereinafter defined. Two or more school
districts may establish cooperative programs of special education for
children with disabilities when such arrangement is approved by the
State Board of Education. Funds may be expended for school services
for an additional period during the summer months for approved
programs for qualified children with disabilities, provided their
individualized education program (I.E.P.) states the need for
extended school year special education and related services.
Children with disabilities shall mean children, as defined in the
Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17,
who are three (3) years of age.
Provided, on and after July 1, 1991, children from age birth
through two (2) years (0-36 months) of age who meet the eligibility
criteria specified in Section 13-123 of this title, shall be served
pursuant to the provisions of the Oklahoma Early Intervention Act.
The attendance of said children in special education classes shall be
included in the average daily membership computations for State Aid
purposes.
The State Board of Education is authorized to modify and redefine
by regulation the eligibility definitions whenever such modification
is required to receive federal assistance under the Individuals with
Disabilities Education Act (IDEA), P.L. No. 105-17. Rules developed
pursuant to Section 18-109.5 of this title shall provide for such
modification and revised definitions.
It shall be the duty of each school district to provide special
education and related services for all children with disabilities as
herein defined who reside in that school district in accordance with
*+,-11'121#+,, .;
the Individuals with Disabilities Education Act (IDEA), P.L. No. 105-
17. This duty may be satisfied by:
1. The district directly providing special education for such
children;
2. The district joining in a cooperative program with another
district or districts to provide special education for such children;
3. The district joining in a written agreement with a private or
public institution, licensed residential child care and treatment
facility or day treatment facility within such district to provide
special education for children who are deaf or hard-of-hearing,
children who are blind or partially blind or other eligible children
with disabilities; or
4. Transferring eligible children and youth with disabilities to
other school districts which accept them and provide special
education and related services for such children, with the district
in which the child resides paying tuition therefor as hereinafter
provided. For those students who transfer pursuant to the provisions
of the Education Open Transfer Act, the receiving school district
shall assume all responsibility for education and shall count the
student for federal and state funding purposes according to the
provisions of subsection B of Section 13-103 of this title.
Added by Laws 1971, c. 281, § 13-101, eff. July 2, 1971. Amended by
Laws 1973, c. 136, § 1, emerg. eff. May 10, 1973; Laws 1975, c. 118,
§ 1, emerg. eff. May 13, 1975; Laws 1980, c. 211, § 8, eff. July 1,
1981; Laws 1980, c. 267, § 1; Laws 1981, c. 278, § 5, eff. July 1,
1981; Laws 1989, c. 102, § 10, operative July 1, 1989; Laws 1993, c.
116, § 1, eff. July 1, 1993; Laws 1999, c. 320, § 27, eff. July 1,
1999.
§70-13-101.1. Lindsey Nicole Henry Scholarships for Students with
Disabilities Program Act.
This act shall be known and may be cited as the "Lindsey Nicole
Henry Scholarships for Students with Disabilities Program Act".
Added by Laws 2010, c. 381, § 1.
§70-13-101.2. Purpose of Program - Scholarship factors -
Eligibility.
A. There is hereby created the Lindsey Nicole Henry Scholarships
for Students with Disabilities Program. The Lindsey Nicole Henry
Scholarships for Students with Disabilities Program is established to
provide a scholarship to a private school of choice for students with
disabilities for whom an individualized education program (IEP) in
accordance with the Individuals with Disabilities Education Act
(IDEA) or an individualized service plan pursuant to Section 1-4-704
of Title 10A of the Oklahoma Statutes has been developed at any time
prior to notifying the State Department of Education of the intent to
participate in the Program and the IEP is in effect at the time the
*+,-11'121#+,, .;"
request for a scholarship is received by the State Department of
Education. Scholarships shall be awarded beginning with the 2010-
2011 school year.
B. The parent or legal guardian of a public school student with
a disability may exercise their parental option and request to have a
Lindsey Nicole Henry Scholarship awarded for the child to enroll in
and attend a private school in accordance with this section and the
scholarship shall be awarded if:
1. The student has spent the prior school year in attendance at
a public school in this state. For purposes of this section, "prior
school year in attendance" means that the student was enrolled in and
reported by a school district for funding purposes during the
preceding school year regardless of whether or not the student had an
IEP at the time the student was counted for funding purposes. A
student who is a child of a member of the United States Armed Forces
who transfers to a school in this state from out of state or from a
foreign country pursuant to a permanent change of station orders of
the parent shall be exempt from the requirements of this paragraph
but shall be required to meet all other eligibility requirements to
participate as provided for in this section. A student who has been
provided services under an Individual Family Service Plan through the
SoonerStart program and during transition was evaluated and
determined to be eligible for school district services shall be
exempt from the requirements of this paragraph but shall be required
to meet all other eligibility requirements to participate as provided
for in this section. A student who was in out-of-home placement with
the Department of Human Services, who was adopted while in the
permanent custody of the Department of Human Services or who was in
out-of-home placement with the Office of Juvenile Affairs shall be
exempt from the requirements of this paragraph but shall be required
to meet all other eligibility requirements to participate as provided
for in this section; and
2. The parent or legal guardian has obtained acceptance for
admission of the student to a private school that is eligible for the
program as provided in subsection H of this section and has notified
the State Department of Education of the request for a scholarship.
Requests to participate in the program made after December 1 shall be
granted, but funding for scholarships requested after December 1
shall not be available until the beginning of the next school year.
The request shall be through a communication directly to the
Department in a manner that creates a written or electronic record of
the request and the date of receipt of the request. The Department
shall notify the school district upon receipt of the request. For
purposes of continuity of educational choice, the scholarship shall
remain in force until the student returns to a public school,
graduates from high school or reaches the age of twenty-two (22),
whichever occurs first. At any time, the parent or legal guardian of
*+,-11'121#+,, .;
the student may remove the student from the private school and place
the student in another private school that is eligible for the
program as provided in subsection H of this section or place the
student in a public school.
C. A student shall be eligible for a scholarship if the parent
or legal guardian of the student made a request for a scholarship for
the 2010-2011 school year and the student transferred to an eligible
private school but was subsequently denied a scholarship because the
student did not have an IEP in effect on October 1, 2009, but did
meet all other eligibility requirements as set forth in the Lindsey
Nicole Henry Scholarships for Students with Disabilities Program Act.
D. A student shall not be eligible for a Lindsey Nicole Henry
Scholarship if the student is not having regular and direct contact
with the private school teachers at the physical location of the
private school.
E. School districts shall notify the parent or legal guardian of
a public school student with a disability of all options available
pursuant to this section and inform the parent or legal guardian of
the availability of information about the program from the State
Department of Education through the toll-free telephone number or
website. The notification shall be provided with or included in the
copy of the "Parents Rights in Special Education: Notice of
Procedural Safeguards" document given to parents at least annually or
as otherwise required by law.
F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
have the same effect as a parental revocation of consent to service
pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
IDEA.
2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
parent or legal guardian shall assume full financial responsibility
for the education of the student, including but not limited to
transportation to and from the private school.
G. If the parent or legal guardian requests a Lindsey Nicole
Henry Scholarship and the student is accepted by the private school
pending the availability of a space for the student, the parent or
legal guardian of the student shall notify the State Department of
Education before entering the private school and before December 1 in
order to be eligible for the scholarship during the school year when
a space becomes available for the student in the private school. If
notification is made after December 1, payment of the scholarship
shall not begin until the next school year.
H. To be eligible to participate in the Lindsey Nicole Henry
Scholarships for Students with Disabilities Program, a private school
shall notify the State Department of Education of its intent to
participate. The notice shall specify the grade levels and services
that the private school has available for students with disabilities
who are participating in the scholarship program. The State
*+,-11'121#+,, .;)
Department of Education shall approve a private school as eligible to
participate in the scholarship program upon determination that the
private school:
1. Meets the accreditation requirements set by the State Board
of Education or another accrediting association approved by the State
Board of Education;
2. Demonstrates fiscal soundness by having been in operation for
one (1) school year or providing the State Department of Education
with a statement by a certified public accountant confirming that the
private school desiring to participate is insured and the owner or
owners have sufficient capital or credit to operate the school for
the upcoming year by serving the number of students anticipated with
expected revenues from tuition and other sources that may be
reasonably expected. In lieu of a statement, a surety bond or letter
of credit for the amount equal to the scholarship funds for any
quarter may be filed with the Department;
3. Complies with the antidiscrimination provisions of 42 U.S.C.,
Section 2000d;
4. Meets state and local health and safety laws and codes;
5. Will be academically accountable to the parent or legal
guardian for meeting the educational needs of the student;
6. Employs or contracts with teachers who hold baccalaureate or
higher degrees, or have at least three (3) years of teaching
experience in public or private schools, or have special skills,
knowledge, or expertise that qualifies them to provide instruction in
subjects taught;
7. Complies with all state laws relating to general regulation
of private schools; and
8. Adheres to the tenets of its published disciplinary
procedures prior to the expulsion of a scholarship student.
I. 1. Lindsey Nicole Henry Scholarship Program participants
shall comply with the following:
a. the parent or legal guardian shall select the private
school from the schools approved for eligibility
pursuant to subsection H of this section and apply for
the admission of the child,
b. the parent or legal guardian shall request the
scholarship no later than December 1 of the school year
during which the scholarship is requested,
c. any student participating in the scholarship program
shall attend throughout the school year, unless excused
by the school for illness or other good cause, and
shall comply fully with the code of conduct for the
school,
d. the parent or legal guardian shall fully comply with
the parental involvement requirements of the private
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school, unless excused by the school for illness or
other good cause, and
e. upon issuance of a scholarship warrant, the parent or
legal guardian to whom the warrant is made shall
restrictively endorse the warrant to the private school
for deposit into the account of the private school.
The parent or legal guardian may not designate any
entity or individual associated with the private school
as the attorney in fact for the parent or legal
guardian to endorse a warrant. A parent or legal
guardian who fails to comply with this subparagraph
shall forfeit the scholarship.
2. A participant who fails to comply with this subsection
forfeits the scholarship.
J. Provisions governing payment of a Lindsey Nicole Henry
Scholarship shall be as follows:
1. The State Department of Education shall calculate the total
cost of all scholarships for all eligible students in the state. The
State Department of Education shall then reserve or retain from the
total amount appropriated to the State Board of Education for State
Aid purposes and any other revenue available for allocation for State
Aid purposes the total cost for all scholarship payments;
2. The maximum scholarship granted for an eligible student with
disabilities shall be a calculated amount equivalent to the total
State Aid factors for the applicable school year multiplied by the
grade and disability weights generated by that student for the
applicable school year. The disability weights used in calculating
the scholarship amount shall include all disability weights which
correspond to the disabilities included in the multidisciplinary
evaluation and eligibility group summary for the student at the time
the request for a scholarship is made by the parent or legal
guardian. The maximum scholarship amount shall be calculated by the
State Board of Education for each year the student is participating
in the scholarship program;
3. The amount of the scholarship shall be the amount calculated
in paragraph 2 of this subsection or the amount of tuition and fees
for the private school, whichever is less, minus up to two and one-
half percent (2 1/2%) of the scholarship amount which may be retained
by the State Department of Education as a fee for administrative
services rendered. The amount of any assessment fee required by the
private school and the amount associated with providing services and
therapies to address the disabilities of the student may be paid from
the total amount of the scholarship. The amount of the scholarship
shall be prorated to reflect the number of days remaining in the
current school year, if the scholarship request is granted after the
beginning of the school year;
*+,-11'121#+,, .;)$
4. The State Department of Education shall notify the private
school of the amount of the scholarship within ten (10) days after
receiving the request for a scholarship, when the total State Aid
factors have been determined for the current fiscal year. The
initial payment shall be made after the Department verifies admission
acceptance and enrollment. Quarterly payments shall be made upon
verification of continued enrollment and attendance at the private
school. Payment shall be made by the Department with an individual
warrant made payable to the parent or legal guardian of the student
and mailed by the Department to the private school that the parent or
legal guardian chooses. The parent or legal guardian shall
restrictively endorse the warrant to the private school for deposit
into the account of the private school;
5. The State Department of Education shall not be responsible
for any additional costs associated with special education and
related services incurred by the private school for the student
including the cost of teachers, equipment, material, and special
costs associated with the special education class;
6. The State Department of Education shall establish a toll-free
telephone number or website that provides parents or legal guardians
and private schools with information about the program;
7. The State Department of Education shall require an annual,
notarized, sworn compliance statement by participating private
schools certifying compliance with state laws and shall retain all
records received from a participating private school; and
8. The State Department of Education shall cross-check the list
of participating scholarship students with the public school
enrollments prior to each scholarship payment to avoid duplication.
K. 1. The State Superintendent of Public Instruction shall
deny, suspend, or revoke the participation of a private school in the
scholarship program if it is determined that the private school has
failed to comply with the provisions of this section. However, in
instances in which the noncompliance is correctable within a
reasonable amount of time and in which the health, safety, or welfare
of the students is not threatened, the Superintendent may issue a
notice of noncompliance which shall provide the private school with a
time frame within which to provide evidence of compliance prior to
taking action to suspend or revoke participation in the scholarship
program.
2. If the Superintendent intends to deny, suspend, or revoke the
participation of a private school in the scholarship program, the
Department shall notify the private school of the proposed action in
writing by certified mail and regular mail to the private school's
address of record with the Department. The Department shall also
notify any parents or legal guardians of scholarship students
attending the private school. The notification shall include the
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reasons for the proposed action and notice of the timelines and
procedures set forth in this subsection.
3. The private school that is adversely affected by the proposed
action shall have fifteen (15) days from receipt of the notice of
proposed action to file with the Department a request for an
administrative hearing proceeding pursuant to the Administrative
Procedures Act.
4. Upon receipt of a request for a hearing, the State Board of
Education shall commence a hearing within sixty (60) days after the
receipt of the formal written request and enter an order within
thirty (30) days after the hearing.
5. The Board may immediately suspend payment of scholarship
funds if it is determined that there is probable cause to believe
that there is an imminent threat to the health, safety, or welfare of
the students or fraudulent activity on the part of the private
school.
L. No liability shall arise on the part of the state, the State
Board of Education, the State Department of Education or a school
district based on the award or use of any scholarship provided
through the Lindsey Nicole Henry Scholarships for Students with
Disabilities Program.
M. The inclusion of private schools within options available to
public school students in Oklahoma shall not expand the regulatory
authority of the state or any school district to impose any
additional regulation of private schools beyond those reasonably
necessary to enforce the requirements expressly set forth in this
section.
N. If the State Department of Education determines that a school
district prior to the effective date of this act has failed to comply
with the provisions of the Lindsey Nicole Henry Scholarships for
Students with Disabilities Program Act and has failed to make full or
partial scholarship payments for eligible students, the Department
shall have authority to reduce the amount of State Aid allocated to
the school district or require the school district to make repayment
to the Department of State Aid allocations in an amount equal to the
amount of scholarship payments the school district failed to make.
The Department shall make payment to the parent or legal guardian in
the amount the school district failed to make in the manner as
provided for in subsection J of this section.
Added by Laws 2010, c. 381, § 2. Amended by Laws 2011, c. 356, § 1;
Laws 2012, c. 322, § 1; Laws 2014, c. 342, § 1; Laws 2017, c. 249, §
1, eff. Sept. 1, 2017.
§70-13-102. Determination of eligibility - Minimum time permitted to
attend.
The determination whether a child is eligible for special
education and related services shall be the responsibility of the
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multidisciplinary evaluation team of the school district in which
such child has legal residence in accordance with the provisions of
the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-
476 and the rules approved by the State Board of Education. The
eligibility of children with disabilities shall be reevaluated at
least once every three (3) years or more frequently if conditions
warrant or if the parent or teacher of the child requests an
evaluation as required under the Individuals with Disabilities
Education Act (IDEA), P.L. No. 101-476.
Any child determined to be eligible shall be permitted to receive
such special education and related services for a minimum period of
twelve (12) years. Successful completion of a secondary education
program must be determined through the individualized education
program (IEP) and transcript records of the student. Eligibility for
special education and related services shall cease upon a
determination and documentation of graduation or completion of a
secondary education program in accordance with the IEP.
Added by Laws 1971, c. 281, § 13-102, eff. July 2, 1971. Amended by
Laws 1993, c. 116, § 2, eff. July 1, 1993.
§70-13-103. Authorized services and transfers for children with
disabilities.
A. Any school district in the state may provide suitable
facilities and employ qualified teachers and therapists for children
with disabilities, either in schools, classrooms, or in other places
as the board of education of the district may deem advisable. When a
school district cannot provide special educational facilities and
qualified teachers, a child may be transferred pursuant to the
provisions of paragraph 4 of Section 13-101 of this title.
B. If a child with disabilities is transferred to a school
district other than the district of residence of the child pursuant
to the Education Open Transfer Act the following provisions shall
apply:
1. The receiving district shall establish availability of the
appropriate program, staff, and services prior to approval of the
transfer;
2. Prior to the approval of the transfer of a child on an
individualized education program (IEP), a joint IEP conference shall
be required between the district of residence and the receiving
district; and
3. Upon approval of the transfer, the receiving district shall
claim the child in the average daily membership for state and federal
funding purposes and shall assume all responsibility for education of
the child. For state funding purposes, the State Department of
Education shall include the appropriate grade level weight and all
category weights to which the pupil is assigned pursuant to the
provisions of Section 18-201.1 of this title when calculating State
*+,-11'121#+,, .;))
Aid pursuant to the provisions of Section 18-200.1 of this title,
regardless of whether the receiving district provides education to
the student using traditional in-class means or via online
instruction. When applicable, the receiving district may apply to
the Oklahoma Special Education Assistance Fund for assistance in
meeting any extraordinary costs incurred.
C. Transfers authorized by this section shall be made under
rules adopted by the State Board of Education. When a child with
disabilities or pregnant child is unable to attend any school or
class in the district of residency, the board of education of the
district may provide for home instruction for the child. The State
Board of Education is further authorized to cooperate with any school
district in the state to make it possible for a child with
disabilities to attend the regular school by making special
provisions for the transportation of the child, or for special
equipment, devices, books, supplies or other facilities, or for
special instruction within the regular school building. The
provisions for services and transfers as provided for in this section
shall be made with consideration of the least restrictive environment
and IEP requirements under the Individuals with Disabilities
Education Act (IDEA).
D. Beginning with the 2008-2009 school year, a transfer granted
for a child with disabilities pursuant to paragraph 4 of Section 13-
101 of this title for three (3) consecutive years to the same school
district shall automatically be renewed each year. The district in
which the child resides shall continue to pay tuition as provided for
in paragraph 4 of Section 13-101 of this title.
Added by Laws 1971, c. 281, § 13-103, eff. July 2, 1971. Amended by
Laws 1993, c. 116, § 3, eff. July 1, 1993; Laws 1999, c. 320, § 28,
eff. July 1, 1999; Laws 2008, c. 185, § 1, eff. July 1, 2008; Laws
2010, c. 478, § 1, eff. July 1, 2010.
§70-13-104. Authorization for special classes or individual
instruction for children in institutions.
Special classes or individual instruction provided for
pretubercular, tubercular, convalescent or other eligible children
with orthopedic impairment or other health impairments in hospitals,
sanatoriums and preventoriums may be maintained by a school district
in such institutions within or without the boundaries of such
district, and the attendance of pupils therein shall be credited to
the district providing such instruction. School districts and such
institutions shall enter into written agreements which describe the
financial and service responsibilities of each in accordance with
state and federal regulations.
Added by Laws 1971, c. 281, § 13-104, eff. July 2, 1971. Amended by
Laws 1993, c. 116, § 4, eff. July 1, 1993.
*+,-11'121#+,, .;)!
§70-13-105. State Board of Education may fix qualifications of
teachers and support personnel.
A. The State Board of Education is hereby authorized in
accordance with state and federal law to determine and prescribe the
qualifications of all persons who teach children with disabilities,
to define, classify and determine standards of eligibility of all
children with disabilities to receive special education and related
services, to fix minimum requirements for special education and
related services of children with disabilities, and to make such
rules as it deems necessary for the teaching of children with
disabilities.
B. The State Board of Education shall offer all support
personnel, including but not limited to assistants who work with a
trained paraprofessional or special education teacher for children
with multiple disabilities or deaf-blindness, the same training and
education as the trained paraprofessional is required to complete.
Added by Laws 1971, c. 281, § 13-105, eff. July 2, 1971. Amended by
Laws 1991, c. 190, § 2, eff. July 1, 1991; Laws 1993, c. 116, § 5,
eff. July 1, 1993.
§70-13-106. State appropriations - Apportionment.
State monies appropriated to carry out the provisions of laws
dealing with the education of children with disabilities shall be
apportioned by the State Board of Education among the various school
districts of the state providing such education for children with
disabilities in accordance with Section 18-201 of this title and with
the standards and rules prescribed by the State Board of Education.
Added by Laws 1971, c. 281, § 13-106, eff. July 2, 1971. Amended by
Laws 1977, c. 146, § 1, eff. July 1, 1977; Laws 1993, c. 116, § 6,
eff. July 1, 1993.
§70-13-107. Federal funds - Acceptance by State Board of Education.
The State Board of Education is hereby empowered to accept and
disburse any grants or funds that may be matched by or received from
the federal government for the education of exceptional children and
to make necessary rules and regulations for such purpose.
Added by Laws 1971, c. 281, § 13-107, eff. July 2, 1971.
§70-13-108. State funds - Allowances for children with disabilities.
A. The State Board of Education is hereby authorized to
establish all necessary rules and set the rate of reimbursement for
physical and occupational therapists, teachers of homebound children
or home-to-school telephone instruction, board and room for
transferred children with disabilities to attend a special class,
travel for transporting children with disabilities within or without
the district, and travel for teachers who are required to travel in
*+,-11'121#+,, .;)
fulfilling the services to children with disabilities in homebound,
cooperative, or county programs for children with disabilities.
B. The State Board of Education may make provisions for boarding
children with disabilities who must be transferred from their home
school districts to school districts providing special education and
related services, but in no case shall the reimbursement from other
state funds for this purpose exceed Four Hundred Fifty Dollars
($450.00) per child per year.
C. The State Board of Education may make provisions and payments
therefor from other state funds for the special education of any
child with deaf-blindness, deafness or blindness and a resident of
the state, in any private or public institution, either inside or
outside of the State of Oklahoma, but in no case shall payment from
state funds for such special education and related services,
including board and room for such child, exceed Five Thousand Dollars
($5,000.00) per child per year.
D. None of the funds received by a school district under the
provisions of this section shall be considered as a part of the
chargeable income of such district for State Aid purposes.
Added by Laws 1971, c. 281, § 13-108, eff. July 2, 1971. Amended by
Laws 1993, c. 116, § 7, emerg. eff. July 1, 1993.
§70-13-108.1. Allocation of funds for the education of homebound
children.
If funds are appropriated to the State Board of Education for
reimbursement of the costs of educating Homebound Children as
authorized in Section 13-108 of this title, the funds shall be
disbursed to school districts through claims filed with the State
Board of Education. School districts shall reimburse the necessary
travel expenses of teachers incurred in fulfilling the services to
homebound children in accordance with the provisions of the State
Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the
Oklahoma Statutes.
Added by Laws 1995, c. 305, § 14, eff. July 1, 1995. Amended by Laws
2003, c. 415, § 30, eff. July 1, 2003.
§70-13-109. Personnel to carry out provisions of this article -
Training.
A. The State Board of Education shall appoint and employ and fix
the compensation and duties of necessary personnel and incur other
necessary expenses, including cost of consultants, to administer and
carry out the provisions of this article, and compensation and other
expenses shall be paid from any funds appropriated to carry out the
provisions of this article.
B. 1. The State Department of Education shall provide training
to special education due process hearing or appeal officials to
ensure that, at a minimum, the hearing or appeal officials possess:
*+,-11'121#+,, .;)"
a. knowledge of the provisions of the Individuals with
Disabilities Education Act (IDEA), federal and state
regulations pertaining to the IDEA, and legal
interpretations of the IDEA by federal and state
courts,
b. knowledge to conduct administrative hearings, and
c. knowledge to render and write decisions.
2. Every person serving as a special education due process
hearing or appeal official shall be required to participate in, at a
minimum, continuing education courses in special education law and
administrative procedures annually to remain eligible for current
case assignment.
Added by Laws 1971, c. 281, § 13-109, eff. July 2, 1971. Amended by
Laws 2009, c. 86, § 1, eff. July 1, 2009.
§70-13-110. Teachers - Pay.
Qualified and properly certified teachers of special education
shall be paid a minimum of five percent (5%) above the prevailing
wage paid teachers of children who are nondisabled in the same school
district.
Added by Laws 1971, c. 281, § 13-110, eff. July 2, 1971. Amended by
Laws 1993, c. 116, § 8, eff. July 1, 1993.
§70-13-111. Register of children with disabilities - Plan for
delivery of related services.
A. The State Board of Education shall:
1. Maintain a federal child count register of children with
disabilities as defined by the Individuals with Disabilities
Education Act (IDEA), P.L. No. 101-476, as may be amended, and the
implementing federal regulations;
2. Monitor efforts of the local public schools to meet the needs
of children with disabilities as provided by each such child's
Individualized Education Program; and
3. Coordinate private and public efforts, including efforts of
agencies of state and local government to meet educational needs of
children with disabilities.
B. The Department of Mental Health and Substance Abuse Services,
the State Department of Health, the Department of Human Services, the
State Department of Education, and the Oklahoma Department of Career
and Technology Education shall jointly develop and implement through
interagency memoranda of agreement as authorized in the Interlocal
Cooperation Act, Section 1001 of Title 74 of the Oklahoma Statutes, a
plan for the coordinated delivery of related services to children
with disabilities pursuant to the Act for Coordination of Special
Services to Children and Youth.
Added by Laws 1971, c. 281, § 13-111, eff. July 2, 1971. Amended by
Laws 1983, c. 62, § 1, emerg. eff. April 29, 1983; Laws 1990, c. 51,
*+,-11'121#+,, .;)
§ 135, emerg. eff. April 9, 1990; Laws 1990, c. 317, § 1, emerg. eff.
May 30, 1990; Laws 1993, c. 116, § 9, eff. July 1, 1993; Laws 2001,
c. 33, § 88, eff. July 1, 2001.
§70-13-112. Special education and related services program for
children with visual impairments.
The State Board of Education is authorized to select school
districts in which to establish a special education and related
services program for children with visual impairments from the first
grade through the ninth grade. The selection of the school
districts, the establishment of the special education program and the
determination of eligible children shall be in accordance with the
provisions of Section 13-101 et seq. of this title, and with the
rules to be adopted for such purpose by the State Board of Education.
Added by Laws 1972, c. 1, § 1, emerg. eff. Jan. 24, 1972. Amended by
Laws 1993, c. 116, § 10, eff. July 1, 1993.
§70-13-112.1. Parental notification of programs for students with an
auditory or visual impairment.
A. Each school district shall provide each parent, guardian or
legal custodian of a student with an auditory or visual impairment
with written information during the individual education program
process concerning the availability of programs offered by the
Oklahoma School for the Blind and the Oklahoma School for the Deaf
for which the students of the district may be eligible.
B. School districts providing special education services to
students with auditory or visual impairments shall develop procedures
to ensure that staff assigned to work with students have effective
access to resources and information provided by the Oklahoma School
for the Blind and the Oklahoma School for the Deaf.
C. The Commission for Rehabilitation Services shall adopt rules
prescribing the form and content of information required by this
section.
Added by Laws 2012, c. 130, § 1, eff. July 1, 2012.
§70-13-113. Services to children with visual impairments -
Apportionment and distribution of funds.
State monies appropriated to carry out the provisions of this act
shall be apportioned by the State Board of Education among the school
districts providing a special education and related services program
for children with visual impairments. The apportionment and
distribution of state funds shall be on a per student basis and in
accordance with the rules to be adopted for such purpose by the State
Board of Education.
Added by Laws 1972, c. 1, § 2, emerg. eff. Jan. 24, 1972. Amended by
Laws 1993, c. 116, § 11, eff. July 1, 1993.
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§70-13-114.1. Oklahoma Special Education Assistance Fund - Creation
- Status - Expenditures.
There is hereby created in the State Treasury a revolving fund
for the State Board of Education to be designated the "Oklahoma
Special Education Assistance Fund". The fund shall be a continuing
fund not subject to fiscal year limitations, and shall consist of all
monies appropriated or transferred to the fund by the Legislature.
Except as otherwise provided in this section, all monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the State Board of Education for the purpose of
providing financial assistance to local school districts pursuant to
Sections 13-114.2 through 13-114.4 of this title. For the 1992-93
school year, monies may be expended from this fund for the local and
state-supported financial support of public schools. Expenditures
from said fund shall be made on warrants issued by the State
Treasurer against claims filed as prescribed by law with the Director
of the Office of Management and Enterprise Services for approval and
payment.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 61, emerg. eff. April 25,
1990. Amended by Laws 1991, c. 280, § 64, eff. July 1, 1991; Laws
1993, c. 361, § 5, emerg. eff. June 11, 1993; Laws 2012, c. 304, §
604.
§70-13-114.2. Oklahoma Special Education Assistance Fund -
Eligibility rules and regulations - Application for funds - Funding
determination - Reevaluation of funding.
Pursuant to rules and regulations established by the State Board
of Education, a local school district serving a child eligible
pursuant to Section 13-114.3 of this title, upon application to the
Department of Education, may receive funds from the Oklahoma Special
Education Assistance Fund, which shall be used to educate that
particular child. The determination whether a school district is
eligible to receive funding pursuant to the provisions of Section 13-
114.1 of this title shall be made by the State Board of Education.
The eligibility of a local school district which is receiving funding
pursuant to the provisions of Section 13-114.1 of this title shall be
reevaluated for each enrollment of a student on an educational cost
basis pursuant to Section 13-114.3 of this title and any monies
received from the fund adjusted accordingly.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 62, emerg. eff. April 25,
1990. Amended by Laws 1991, c. 280, § 65, eff. July 1, 1991.
§70-13-114.3. Oklahoma Special Education Assistance Fund - Defraying
costs of serving children who resided at Hissom Memorial Center -
Funding other services - Determination of home district.
A. A local school district may be eligible to receive monies
from the Oklahoma Special Education Assistance Fund to defray costs
*+,-11'121#+,, .;)
of serving children who resided at Hissom Memorial Center prior to
December 1, 1991, and subsequently established residency in the
school district if any such children were served by the district
during the 1991-92 school year including extended school year during
summer 1992 or the 1992-93 school year including extended school year
during summer 1993. Contingent upon available funds in the Oklahoma
Special Education Assistance Fund, the district shall receive funds
in the amount of the actual costs of serving each child less the
district per capita and any other funding received for providing
services to the child from another state agency upon timely
submission of a claim for such amount, accompanied by verification of
residency of each child by the school attendance officer and
verification from the Department of Human Services that each child
formerly resided at Hissom Memorial Center.
B. If funds remain in the Oklahoma Special Education Assistance
Fund after satisfaction of all valid claims submitted pursuant to
subsection A of this section, a local school district may be eligible
to receive monies from the Oklahoma Special Education Assistance Fund
if a child with disabilities who is being served in that school
district:
1. Has been placed in out-of-home placement in an entity
described in subsection D of Section 1-113 of this title;
2. Has been previously institutionalized; or
3. Requires services pursuant to an individualized education
program (IEP) pursuant to the Individuals with Disabilities Education
Act (IDEA) which result in extraordinary costs to the providing
school district or district of residence. The State Board of
Education may promulgate rules to define extraordinary costs, taking
into consideration the funding generated by the weighted calculations
relating to students with special needs as provided in paragraph 2 of
subsection B of Section 18-201.1 of this title.
C. The State Department of Education may prorate any funds
allocated pursuant to the provisions of subsection B of this section
as necessary, and the State Board of Education is authorized to
promulgate rules as necessary to establish priorities in funding for
students in this subsection.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 63, emerg. eff. April 25,
1990. Amended by Laws 1991, c. 280, § 66, eff. July 1, 1991; Laws
1992, c. 262, § 7, emerg. eff. May 22, 1992; Laws 1993, c. 116, § 12,
eff. July 1, 1993; Laws 1998, c. 362, § 2, eff. July 1, 1998.
§70-13-114.4. Oklahoma Special Education Assistance Fund -
Distribution of funds - Amount of payments.
A. Funds issued from the Oklahoma Special Education Assistance
Fund shall be distributed to the local school district in a timely
manner as determined by the State Board of Education.
*+,-11'121#+,, .;)$
B. The amount of any such payments shall be determined as
follows:
1. Payments made pursuant to paragraphs 1 and 2 of subsection A
of Section 13-114.3 of this title shall be the actual cost of serving
the child as determined by the State Board of Education less the
funding to be received by the district through the State Aid Formula,
as reduced to include only the number of days the child is included
in the district's average daily membership, and any other funding
received for providing services to the child from another state
agency;
2. For the purposes of this section, the amount to be received
through the State Aid formula shall be the weighted average daily
membership of the child times the sum of the current year Base
Foundation Support Level and the product of the current year
Incentive Aid guarantee times twenty (20).
Added by Laws 1989, 1st Ex.Sess., c. 2, § 64, emerg. eff. April 25,
1990. Amended by Laws 1991, c. 280, § 67, eff. July 1, 1991.
§70-13-114.5. Allocation of funds for Hissom Compliance.
Funds appropriated to the State Board of Education for Hissom
Compliance purposes shall be used to provide resources and programs
determined by the Board to be necessary to comply with any federal
court order pertaining to Hissom Memorial Center which requires any
such resources and programs.
Added by Laws 1995, c. 305, § 15, eff. July 1, 1995.
§70-13-115. Short title.
This act shall be known and may be cited as the “Oklahoma
Educational Interpreter for the Deaf Act”.
Added by Laws 2002, c. 220, § 1, eff. July 1, 2002.
§70-13-115.1. Purpose of act.
It is essential for the well-being and educational growth of deaf
and hard-of-hearing students that education programs recognize the
unique nature of deafness and ensure that all deaf and hard-of-
hearing students have appropriate, ongoing, and fully accessible
educational opportunities. It is essential that deaf and hard-of-
hearing students, like all students, are provided an education in
which their unique communication mode is respected, utilized, and
developed to an appropriate level of proficiency.
Added by Laws 2002, c. 220, § 2, eff. July 1, 2002.
§70-13-115.2. Definitions.
As used in the Oklahoma Educational Interpreter for the Deaf Act:
1. “Communication mode or language” means one or more of the
following systems or methods of communication applicable to deaf and
hard-of-hearing students:
*+,-11'121#+,, .;)(
a. American Sign Language,
b. English-based sign systems, or
c. oral, aural, or other speech-based communication;
2. “Educational Interpreter” means a person who possesses a
combination of interpreting skills for expressing and receiving
information in a variety of signed and oral languages and modes;
3. The Oklahoma “Quality Assurance Screening Test (QAST)” means
a tool used for the comprehensive evaluation of interpreters;
4. “Interpreter Training Program” means a training program in an
accredited college or university for preparing interpreters for the
deaf;
5. “Work Experience” means a minimum of three (3) years of full-
time-equivalent work in the field of deaf education; and
6. “Comparable Level of Proficiency” means a comparable level of
proficiency on any other national- or state-recognized educational
interpreter assessment as determined and recognized by the State
Department of Education.
Added by Laws 2002, c. 220, § 3, eff. July 1, 2002.
§70-13-115.3. Educational interpreters - Educational and experience
requirements.
A. Except as otherwise provided in this section, any person who
functions as an educational interpreter in a public school shall have
the interpersonal skills to work effectively and collaboratively with
staff and students within the instructional setting as well as a
comprehensive, general knowledge of academic subjects and current
events, educational processes and organization, principles and
practices of special education, aspects and issues of deaf culture,
and have:
1. Completed an interpreter training program;
2. Attained a bachelor’s degree; or
3. Worked three (3) or more years in an area related to the
field of deaf education.
B. In addition to the requirements of subsection A of this
section, a person who functions as an educational interpreter in a
public school shall attain one or more of the following:
1. Certification by the Registry of Interpreters of the Deaf
(RID);
2. National Association of the Deaf (NAD) Level IV or better;
3. Quality Assurance Screening Test (QAST) Level III or better;
or
4. A comparable level of proficiency.
It shall be desirable for an educational interpreter to hold
either a bachelor’s or associate’s degree.
C. A person who has never worked as an educational interpreter
in any public school, who meets the requirements as provided in
subsection A of this section, who does not meet the requirements of
*+,-11'121#+,, .;)
subsection B of this section, and who has attained the Quality
Assurance Screening Test (QAST) Level I or II, may be employed as an
educational interpreter for up to three (3) years. The person shall
not be eligible to be employed as an educational interpreter in any
public school of this state after the third year until the person
attains one of the proficiency levels as provided in subsection B of
this section.
D. Any educational interpreter employed by a public school on
the effective date of this act who does not meet the requirements of
subsection B of this section shall be required to attain QAST Level I
or a comparable level of proficiency by July 1, 2004. An educational
interpreter shall have until July 1, 2006, to meet the requirements
of subsections A and B of this section or a comparable level of
proficiency.
Added by Laws 2002, c. 220, § 4, eff. July 1, 2002.
§70-13-115.4. Rules - Registry of educational interpreters -
Continuing education.
The State Department of Education shall adopt rules to implement
the provisions of this act in collaboration with the State Department
of Rehabilitation Services. The State Department of Education shall:
1. Maintain a registry of individuals who meet the
qualifications as educational interpreters as set forth in this act;
and
2. Establish a system of and requirements for continuing
education. Such system shall require completion of the minimum QAST
continuing education units per year, in which fifty percent (50%) of
such units include training in educational interpreting.
Added by Laws 2002, c. 220, § 5, eff. July 1, 2002.
§70-13-116. Corporal punishment prohibited on certain students.
A. School district personnel shall be prohibited from using
corporal punishment on students identified with the most significant
cognitive disabilities according to criteria established by the State
Department of Education unless addressed in an annual individualized
education program (IEP) developed in accordance with the Individuals
with Disabilities Education Act (IDEA).
B. A waiver to the provisions of subsection A of this section
shall be granted if the parent or legal guardian of a student
provides written consent.
C. As used in this section, "corporal punishment" means the
deliberate infliction of physical pain by hitting, paddling,
spanking, slapping or any other physical force used as a means of
discipline.
Added by Laws 2017, c. 222, § 1, eff. Nov. 1, 2017.
§70-13-121. Short title.
*+,-11'121#+,, .;))
Sections 13-121 through 13-129 of this title shall be known and
may be cited as the "Oklahoma Early Intervention Act".
Added by Laws 1989, c. 102, § 1, operative July 1, 1989. Amended by
Laws 2013, c. 310, § 2, emerg. eff. May 20, 2013.
§70-13-122. Purpose - Implementation.
A. It is the purpose of the Oklahoma Early Intervention Act to
establish the policy of this state to provide for early intervention
services to infants and toddlers with disabilities and their families
in accordance with Part C, formerly Part H, of the Individuals with
Disabilities Education Act (IDEA), as may be amended. These services
are deemed to be necessary in order to:
1. Enhance the development of infants and toddlers with
disabilities;
2. Reduce the educational costs to our society by minimizing the
need for special education and related services after such children
reach school age;
3. Minimize the likelihood of institutionalization of
individuals with disabilities and maximize their potential for
independent living in society; and
4. Enhance the capacity of families to meet the needs of their
infants and toddlers with disabilities.
B. The implementation of this policy requires the development of
a system of services to infants and toddlers with disabilities and
their families which is:
1. Comprehensive, coordinated, multidisciplinary and
interagency;
2. Delivered by the State Department of Education, Oklahoma
State Department of Health, the Department of Human Services, the
Department of Mental Health and Substance Abuse Services and other
publicly funded services for infants and toddlers with disabilities
and their families subject to the provisions of the Oklahoma Early
Intervention Act; and
3. Intended to fulfill the requirements of Part C of the
Individuals with Disabilities Education Act (IDEA), by providing
early intervention services.
Added by Laws 1989, c. 102, § 2, operative July 1, 1989. Amended by
Laws 1990, c. 51, § 136, emerg. eff. April 9, 1990; Laws 1993, c.
116, § 13, eff. July 1, 1993; Laws 2005, c. 89, § 1, eff. July 1,
2005.
§70-13-123. Children eligible - "Developmentally delayed" defined.
A. The children eligible for entry into early intervention
services in the State of Oklahoma shall be infants and toddlers age
birth through two years (0-36 months) who are developmentally
delayed. As used in this act "developmentally delayed" means
*+,-11'121#+,, .;)!
children of the chronological age group specified in this section
who:
1. Exhibit a delay in their developmental age compared to their
chronological age of fifty percent (50%) or score two standard
deviations below the mean in one of the following areas or in a
subdomain of one of the following areas: cognitive, physical,
communication, social and emotional, or adaptive development;
2. Exhibit a delay in their developmental age compared to their
chronological age of twenty-five percent (25%) or score one and one-
half standard deviations below the mean in two or more of the
following areas or in a subdomain of two or more of the following
areas: cognitive, physical, communication, social and emotional, or
adaptive development; or
3. Have a diagnosed physical or mental condition that has a high
probability of resulting in delay. This includes, but is not limited
to: chromosomal disorders, neurological abnormalities, inborn errors
of metabolism, genetic disorders, congenital malformation of the
brain, congenital infections and sensory abnormalities and
impairments or identified syndromes.
B. The State Board of Education is authorized to modify and
redefine by regulation the eligibility definitions established in
subsection A of this section whenever such modification is required
to receive federal assistance under Part C of the Individuals with
Disabilities Education Act (IDEA), as may be amended.
Laws 1989, c. 102, § 3, operative July 1, 1989; Laws 2005, c. 89, §
2, eff. July 1, 2005.
§70-13-123.1. Consent to delivery of services - Parents or surrogate
parents.
Parents or surrogate parents may consent to the delivery of
services for the early intervention program for their eligible
children.
For purposes of the Oklahoma Early Intervention Act the terms
"parent" and "surrogate parent" shall have the meaning that said
terms have in Title 34, Code of Federal Regulations, Part 303,
Sections 27 and 422 which implement the Individuals with Disabilities
Education Act (IDEA).
Added by Laws 1991, c. 317, § 2, emerg. eff. June 12, 1991. Amended
by Laws 2013, c. 310, § 3, emerg. eff. May 20, 2013.
§70-13-124. General administration, supervision and monitoring of
programs and activities receiving federal and state funds -
Continuation of certain existing services - Coordination of financial
resources - Restricted use of monies.
A. The State Department of Education is hereby designated as the
lead agency for general administration, supervision and monitoring of
programs and activities receiving federal funds under Part C of the
*+,-11'121#+,, .;)
Individuals with Disabilities Education Act (IDEA) and state funds
appropriated for early intervention services. To ensure compliance
with Part C of the Individuals with Disabilities Education Act (IDEA)
and its implementing regulations, the State Department of Education
is authorized to monitor and enforce any obligations imposed on
agencies participating under Part C of the IDEA.
B. In accordance with Part C of the Individuals with
Disabilities Education Act (IDEA), the State Department of Education
shall administer the Interagency Coordinating Council for Early
Childhood Intervention which shall advise and assist the lead agency
in fulfillment of its responsibilities.
C. The State Department of Education, the State Department of
Health, the Department of Human Services, the Department of Mental
Health and Substance Abuse Services and other publicly funded
services shall continue to provide all services within their
respective statutory and constitutional responsibilities to the
eligible population except as otherwise provided in Section 13-101 of
this title. State and local interagency agreements will delineate
responsibility for local and regional procedural safeguards,
provision of service and related issues. Funds provided for
implementation of the Oklahoma Early Intervention Act, Sections 13-
121 through 13-129 of this title, shall not be used to satisfy a
financial commitment for services which would have been paid for or
provided by another public or private source, but shall be utilized
solely for the enactment of Part C of the Individuals with
Disabilities Education Act (IDEA) and the Oklahoma Early Intervention
Act. Such funds may be used whenever considered necessary to prevent
delay in the receipt of appropriate early intervention services by
the infant or toddler or family in a timely fashion. Funds provided
for implementation of the Oklahoma Early Intervention Act may be used
to pay the provider of services pending reimbursement from the agency
which has the ultimate responsibility.
D. Pursuant to the requirements of Part C of the Individuals
with Disabilities Education Act (IDEA), all financial resources from
federal, state, local and private sources shall be coordinated to
fund early intervention services. In order to determine the most
effective utilization and achieve coordination, a joint funding plan
shall be submitted to the Governor, the Speaker of the House of
Representatives, and the Senate President Pro Tempore by the State
Department of Education, the State Department of Health, the
Department of Human Services and the Department of Mental Health and
Substance Abuse Services on or before October 1. The individual
components of such plan as they relate to individual agencies shall
be incorporated annually into each affected agency's budget request
in accordance with the provisions of Section 34.36 of Title 62 of the
Oklahoma Statutes. Such plan shall include, but not be limited to:
*+,-11'121#+,, .;)"
1. Utilization of State Aid funds appropriated to the State
Board of Education for the purpose of providing early intervention
services or provided pursuant to the State Aid Formula for special
education services and related services to children with
disabilities;
2. Publicly funded personnel and programs in the State
Department of Education, the State Department of Health, the
Department of Human Services and the Department of Mental Health and
Substance Abuse Services who are currently serving the eligible
population;
3. Feasibility of utilization of federal Title V funds;
4. Utilization of new state funds as may be appropriated by the
Legislature for fiscal year 1990 for the purpose of early
intervention, and of additional new funds needed to fully implement
early intervention services in accordance with the State of
Oklahoma's implementation of Part C of the Individuals with
Disabilities Education Act (IDEA);
5. Amendments to expansion of the Medicaid State Plan to include
early intervention services for eligible children utilizing state
funds designated for early intervention for the purpose of matching
federal funds;
6. Feasibility of application for federal funds appropriated
pursuant to P.L. 89-313; and
7. Utilization of funds received under Part C of the Individuals
with Disabilities Education Act (IDEA).
E. The State Department of Education, the State Department of
Health, the Department of Human Services and the Department of Mental
Health and Substance Abuse Services shall be authorized to transfer
funds enumerated in subsection D of this section to the Oklahoma
Early Intervention Revolving Fund created in Section 13-124.1 of this
title to the extent that transfers of such funds are authorized by
and directed to the fund by the joint funding plan of the Oklahoma
Early Intervention Act or by state or federal law.
F. Monies appropriated to an affected agency and monies
identified in the joint funding plan for the purpose of providing
early intervention services shall be used by the agency exclusively
for the purpose of providing early intervention services.
G. For purposes of implementing the provisions of the Oklahoma
Early Intervention Act, the board of education of any school district
in this state may execute an agreement with a city/county health
department or county health department to share appropriate
facilities.
Added by Laws 1989, c. 102, § 4, operative July 1, 1989. Amended by
Laws 1990, c. 51, § 137, emerg. eff. April 9, 1990; Laws 1990, c.
263, § 75, operative July 1, 1990; Laws 1991, c. 317, § 3, emerg.
eff. June 12, 1991; Laws 1992, c. 373, § 18, eff. July 1, 1992; Laws
*+,-11'121#+,, .;)
1993, c. 116, § 14, eff. July 1, 1993; Laws 1995, c. 137, § 4, eff.
July 1, 1995; Laws 2013, c. 310, § 4, emerg. eff. May 20, 2013.
NOTE: Laws 1991, c. 280, § 68 repealed by Laws 1992, c. 373, § 22,
eff. July 1, 1992.
§70-13-124.1. Oklahoma Early Intervention Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Department of Education to be designated the "Oklahoma
Early Intervention Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
those monies appropriated to the fund by law or deposited in the fund
pursuant to direction or authorization by the joint funding plan
required in Section 13-124 of this title. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the State Department of Education for the purpose of
providing early intervention services to children with disabilities
in accordance with Part C of the Individuals with Disabilities
Education Act (IDEA) and the Oklahoma Early Intervention Act.
Expenditures from said fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 1990, c. 263, § 74, operative July 1, 1990. Amended by
Laws 1993, c. 116, § 15, eff. July 1, 1993; Laws 2012, c. 304, § 605;
Laws 2013, c. 310, § 5, emerg. eff. May 20, 2013.
§70-13-125. Contract between State Department of Education and State
Department of Health specifying provision or arrangement of early
intervention services.
A contract shall be entered into between the State Department of
Education and the Oklahoma State Department of Health specifying the
provision or arrangement of early intervention services by the
Oklahoma State Department of Health. Such contract shall include,
but not be limited to:
1. A delineation of individual and shared responsibilities for
planning, administration and funding, multi-disciplinary evaluations,
development of an individual family service plan, service delivery,
procedural safeguards and liability of both agencies;
2. Specification of the numbers and types of personnel to be
provided under the contract;
3. Provisions to be made by the Oklahoma State Department of
Health for provision of services not available at a local level and
authorization to subcontract with other public or private service
providers; and
4. Specification of all management and indirect costs associated
with the Oklahoma State Department of Health’s provision of early
intervention services that are authorized for payment under the
*+,-11'121#+,, .;)$
contract. Allowable management costs shall be limited to itemized
early intervention specific travel, dedicated or shared personnel and
maintenance and operations costs. Indirect costs shall not exceed
those authorized by the indirect cost formula approved by the State
Department of Education for the contract period. All other
administrative, management or infrastructure cost recover
methodologies shall be specifically disallowed for payment under the
contract.
Added by Laws 1989, c. 102, § 5, operative July 1, 1989. Amended by
Laws 1999, c. 246, § 26, eff. July 1, 1999.
§70-13-126. Procedural safeguards.
Procedural safeguards shall be established in fulfillment of the
requirements of Part C of the Individuals with Disabilities Education
Act (IDEA) through interagency agreements involving the State
Department of Education, the Oklahoma State Department of Health, the
Department of Human Services, the Department of Mental Health and
Substance Abuse Services and other publicly funded services as
appropriate.
Added by Laws 1989, c. 102, § 6, operative July 1, 1989. Amended by
Laws 1990, c. 51, § 138, emerg. eff. April 9, 1990; Laws 1993, c.
116, § 16, eff. July 1, 1993; Laws 2013, c. 310, § 6, emerg. eff. May
20, 2013.
§70-13-127. Timely payments and reimbursements.
The legal requirements for timely payment and reimbursement for
services under contract pursuant to Sections 34.71 through 34.74 of
Title 62 of the Oklahoma Statutes shall govern the services, programs
and activities for the State of Oklahoma's implementation of Part C
of the Individuals with Disabilities Education Act (IDEA).
Added by Laws 1989, c. 102, § 7, operative July 1, 1989. Amended by
Laws 1993, c. 116, § 17, eff. July 1, 1993; Laws 2013, c. 310, § 7,
emerg. eff. May 20, 2013.
§70-13-128. Data collection and reporting.
The data collection requirements concerning children with
disabilities which are currently utilized by the State Department of
Education upon the effective date of this act shall also be utilized
to meet the data collection and reporting requirements for the State
of Oklahoma under Part C of the Individuals with Disabilities
Education Act (IDEA). Further, the Oklahoma State Department of
Health, the Department of Human Services and the Department of Mental
Health and Substance Abuse Services shall fulfill the data collection
and reporting requirements established by the United States
Department of Education pursuant to Part C of the Individuals with
Disabilities Education Act (IDEA) for early intervention services
provided by their respective agencies pursuant to the purposes of the
*+,-11'121#+,, .;)$
Oklahoma Early Intervention Act. The lead agency shall provide
technical assistance to the agencies in this endeavor.
Added by Laws 1989, c. 102, § 8, operative July 1, 1989. Amended by
Laws 1990, c. 51, § 139, emerg. eff. April 9, 1990; Laws 1993, c.
116, § 18, eff. July 1, 1993; Laws 2013, c. 310, § 8, emerg. eff. May
20, 2013.
§70-13-129. Revision of Oklahoma State Plan for Special Education -
Effective date of services.
A. The Interagency Coordinating Council for Early Childhood
Intervention shall assist the State Department of Education in
revising the Oklahoma State Plan for Special Education to include
areas addressing requirements under Part C of the Individuals with
Disabilities Education Act (IDEA) necessary for full implementation
of the Oklahoma Early Intervention Act. Such revision shall be
completed by April 1, 1990.
B. Contingent upon the enactment of legislation authorizing
implementation of an annual budget submitted which is based upon a
joint funding plan provided in subsection D of Section 13-124 of this
title, services in compliance with this act and Part C of the
Individuals with Disabilities Education Act (IDEA) shall be in effect
no later than July 1, 1990. Subject to such contingency all children
eligible for services pursuant to the provisions of Section 13-123 of
this title shall be served beginning July 1, 1991.
Added by Laws 1989, c. 102, § 9, operative July 1, 1989. Amended by
Laws 1993, c. 116, § 19, eff. July 1, 1993; Laws 2013, c. 310, § 9,
emerg. eff. May 20, 2013.
§70-13-130. Short title - Education Compact for Students in State
Care Act.
This act shall be known and may be cited as the "Education
Compact for Students in State Care Act".
Added by Laws 2017, c. 187, § 1, eff. Nov. 1, 2017.
§70-13-131. Education Compact for Students in State Care Advisory
Committee.
A. There is hereby created the Education Compact for Students in
State Care Advisory Committee.
B. The advisory committee shall be comprised of three (3)
members to be appointed as follows:
1. One member representing the State Department of Education to
be appointed by the Superintendent of Public Instruction;
2. One member representing the Office of Juvenile Affairs to be
appointed by the Executive Director of the Office of Juvenile
Affairs; and
3. One member representing the Department of Human Services to
be appointed by the Director of the Department of Human Services.
*+,-11'121#+,, .;)$$
C. The advisory committee may meet as often as may be required
in order to perform the duties imposed upon it.
D. The meetings of the advisory committee shall be subject to
the Oklahoma Open Meeting Act.
E. Members of the advisory committee shall receive no
compensation or travel reimbursement.
Added by Laws 2017, c. 187, § 2, eff. Nov. 1, 2017.
§70-13-132. Students placed in state care - Delivery of student
records.
A. To facilitate the timely transfer and/or enrollment of a
student who has been placed in state care, the personnel of a sending
school district shall make every effort to ensure timely delivery of
temporary and permanent student records in accordance with the foster
care state plan developed by the State Department of Education in
collaboration with the Department of Human Services as required by
the Elementary and Secondary Education Act of 1965 (ESEA), as
reauthorized and amended by P.L. No. 114-95, also known as the Every
Student Succeeds Act (ESSA).
B. In accordance with the foster care state plan and Section 1-
6-103 of Title 10A of the Oklahoma Statutes, in the event that the
nondirectory education records of a student who has been placed in
state care cannot be released to the parent(s) or legal guardian(s)
of the student, school district personnel of a sending school
district shall make temporary records available to a designee of the
Office of Juvenile Affairs or the Department of Human Services. For
the purposes of this section, "nondirectory education records" shall
mean those records maintained by the school district regarding a
student who is or has been enrolled at the school district which are
categorized as private or confidential records pursuant to the Family
Educational Rights and Privacy Act of 1974 (FERPA). Examples of
nondirectory education records include but are not limited to student
attendance records, test performance records, special education
records, if applicable, health records and transcripts or report
cards.
C. 1. A power of attorney issued pursuant to Section 700 of
Title 10 of the Oklahoma Statutes shall be sufficient for the
purposes of enrollment.
2. An out-of-home care placement agreement executed on a form
provided by the Department of Human Services shall be sufficient for
the purposes of enrollment.
D. 1. The receiving school district shall enroll and place the
student upon arrival.
2. The receiving school district shall request the student's
permanent records from the sending school district. Upon receipt of
such a request, the sending school district shall process and furnish
*+,-11'121#+,, .;)$(
the student's permanent records to the receiving school district
within three (3) days.
E. A student who has been placed in state care and transferred
and/or enrolled pursuant to this section shall have thirty (30) days
from the date of enrollment to obtain immunizations required by
Section 1210.191 of Title 70 of the Oklahoma Statutes. If a series
of immunizations is required, the student shall have thirty (30) days
from the date of enrollment to receive the initial dose. Upon
enrollment, the receiving school shall verbally inform the parent,
legal guardian or legal custodian of the student about the
immunization exemptions provided for in Section 1210.192 of Title 70
of the Oklahoma Statutes.
Added by Laws 2017, c. 187, § 3, eff. Nov. 1, 2017.
§70-13-133. Placement in courses at receiving school.
A. To facilitate the education of a student who has been placed
in state care, a receiving school district shall initially honor
placement of the student in educational courses based on the
student's enrollment in the sending school district and/or
educational assessments conducted at the sending school district. A
receiving school district shall be authorized to perform its own
placement evaluation to ensure appropriate placement of the student.
B. In placing the student, the receiving school district shall
take into consideration the student's eligibility for:
1. Gifted and talented programs, including but not limited to
Advanced Placement courses and International Baccalaureate courses;
2. An English language learner program;
3. Courses or a sequence of courses offered by a technology
center school; and
4. Extracurricular activities.
C. 1. If an individualized education program (IEP) was in place
for the student at the sending school district, the receiving school
district shall initially provide comparable services, in accordance
with the Individuals with Disabilities Education Act (IDEA). The
receiving school district shall conduct an evaluation of the student
to determine eligibility for special education and related services,
pursuant to Section 13-102 of Title 70 of the Oklahoma Statutes.
2. The receiving school district shall comply with the
requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A.,
Section 794, and with Title II of the Americans with Disabilities
Act, 42 U.S.C.A., Sections 12131 through 12165.
Added by Laws 2017, c. 187, § 4, eff. Nov. 1, 2017.
§70-13-134. On-time graduation - Curriculum options.
A. To facilitate the on-time graduation of a student who has
been placed in state care during the ninth through twelfth grades,
the student shall be automatically enrolled in the core curriculum,
*+,-11'121#+,, .;)$
as set forth in Section 11-103.6 of Title 70 of the Oklahoma
Statutes. However, students who have been accepted into the Oklahoma
Higher Learning Access Program pursuant to Section 2601 et seq. of
Title 70 of the Oklahoma Statutes shall be given the opportunity to
complete the program's curricular requirements. The school district
in which the student is enrolled shall work in collaboration with the
parent(s), legal guardian(s) or legal custodian(s) of the student and
the student to determine if he or she should complete the college
preparatory/work ready curriculum or the core curriculum requirements
established by Section 11-103.6 of Title 70 of the Oklahoma Statutes.
B. In making decisions related to the on-time graduation of the
student, the school district in which the student is enrolled shall
be authorized to waive any applicable graduation requirements
established by the school district board of education.
Added by Laws 2017, c. 187, § 5, eff. Nov. 1, 2017.
§70-14-101. State Board of Career and Technology Education -
Successor to State Board of Vocational and Technical Education.
A. There is hereby created the State Board of Career and
Technology Education which shall succeed to all of the powers and
duties heretofore invested in the State Board for Vocational
Education. The membership of the State Board of Career and
Technology Education shall consist of:
1. The State Superintendent of Public Instruction who shall be
an ex officio voting member;
2. Two appointed members of the State Board of Education,
selected by the Governor, to serve as ex officio voting members. One
State Board member shall be selected for a one-year term and one
State Board member shall be selected for a two-year term;
3. Five members to be appointed by the Governor with the advice
and consent of the Senate. Each appointed member shall be an owner,
chief executive or operating officer, or business executive with
policy-making or hiring authority for a business or industry located
in the state or with a business or industry where a significant
number of the workforce performs a task for which training or other
educational service may be obtained from the career and technology
education system. The Governor shall appoint one such appointive
member from each of the congressional districts and any remaining
members shall be appointed from the state at large.
However, when congressional districts are redrawn each member
appointed prior to July 1 of the year in which such modification
becomes effective shall complete the current term of office and
appointments made after July 1 of the year in which such modification
becomes effective shall be based on the redrawn districts.
Appointments made after July 1 of the year in which such modification
becomes effective shall be from any redrawn districts which are not
represented by a board member until such time as each of the modified
*+,-11'121#+,, .;)$)
congressional districts are represented by a board member. No member
shall be appointed pursuant to this paragraph who has not resided in
the relevant congressional district for at least six (6) months prior
to the date of appointment; and
4. One member who represents the public, private and/or
educational interests of the state shall be appointed by the Governor
from the state at large with the advice and consent of the Senate.
B. All initial appointments made by the Governor pursuant to
this act shall be for terms as follows:
1. Initial appointments of the two members of the State Board of
Education pursuant to paragraph 2 of subsection A of this section
shall be for terms as follows:
a. one for a term to expire on April 1, 2004, and
b. one for a term to expire on April 1, 2005;
2. Initial appointments of the six members pursuant to
paragraphs 3 and 4 of subsection A of this section shall be for terms
as follows:
a. one for a term to expire on April 1, 2004,
b. one for a term to expire on April 1, 2005,
c. one for a term to expire on April 1, 2006,
d. one for a term to expire on April 1, 2007,
e. one for a term to expire on April 1, 2008, and
f. one for a term to expire on April 1, 2009;
3. The member appointed to represent the state at large shall be
the initial appointment for the term ending April 1, 2009;
4. After the initial terms, all members appointed by the
Governor shall be appointed for terms of six (6) years. Initial
appointments pursuant to the provisions of this section shall be made
no later than September 1, 2003. All terms shall expire on the first
day of April of the year in which the term of each member expires,
except for the terms of office of members serving on the Board on the
effective date of this section, which shall expire August 31, 2003;
5. The Chair of the Board shall be the State Superintendent of
Public Instruction. The Director of the Oklahoma Department of
Career and Technology Education shall serve as an ex officio
nonvoting member and shall be the executive officer of the Board; and
6. Members of the State Board of Career and Technology Education
shall be subject to the orientation and continuing education
requirements for school board members specified in Sections 5-110 and
5-110.1 of this title. Failure of a member to satisfy these
requirements shall result in the member vacating the seat and the
vacancy being filled as provided by law.
C. No person shall be eligible to be appointed to serve on the
Board unless the person has been awarded a high school diploma or
certificate of high school equivalency.
D. For each additional month employed, the additional salary
shall be calculated on the basis of one-tenth (1/10) of the base
*+,-11'121#+,, .;)$!
salary as prescribed by the school district for a teacher of like
qualifications employed on a ten-months' basis.
E. The official name of the Board which is known as the “State
Board of Vocational and Technical Education” shall be designated in
all future references as the “State Board of Career and Technology
Education”. Any references in the statutes to the State Board of
Vocational and Technical Education shall be deemed references to the
State Board of Career and Technology Education.
Added by Laws 1971, c. 281, § 14-101, eff. July 2, 1971. Amended by
Laws 2000, c. 209, § 1, emerg. eff. May 19, 2000; Laws 2002, c. 375,
§ 17, eff. Nov. 5, 2002; Laws 2003, c. 42, § 1; Laws 2003, c. 228, §
2, eff. Aug. 1, 2003.
§70-14-102. Meetings - Teleconferencing.
The State Board of Career and Technology Education shall meet in
regular session once each month at least ten (10) months per year.
Special meetings may be called by the Chair or by a majority of the
members of the Board. Meetings of the Board may be held by
teleconferencing. Five members of the Board shall constitute a
quorum. No business may be transacted at any meeting unless a quorum
is present in person or through teleconferencing, and every act of
the Board shall be approved by a majority of the membership of the
Board. Each member of the Board shall receive necessary traveling
expenses while in the performance of duties as a member pursuant to
the State Travel Reimbursement Act.
Added by Laws 1971, c. 281, § 14-102, eff. July 2, 1971. Amended by
Laws 1985, c. 178, § 53, operative July 1, 1985; Laws 2000, c. 148, §
2, eff. July 1, 2000; Laws 2001, c. 33, § 89, eff. July 1, 2001; Laws
2003, c. 42, § 2.
§70-14-102.1. New, incumbent, and continuing education workshop and
training requirements.
The Oklahoma Department of Career and Technology Education is
authorized to provide new, incumbent, and continuing education
workshop and training requirements which are required for technology
center school district board of education members and State Board of
Career and Technology Education members as specified in Sections 5-
110 and 5-110.1 of Title 70 of the Oklahoma Statutes. The training
may be conducted by the Department or by an outside entity that has
been approved and has contracted with the Department to provide the
training. The Department shall provide each technology center school
district board of education member and State Board of Career and
Technology Education member with a training status report twice a
year.
Added by Laws 2008, c. 439, § 6, eff. July 1, 2008.
§70-14-103. Powers and duties.
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The State Board of Career and Technology Education shall have the
following powers and duties:
1. Have the supervision of the Oklahoma Department of Career and
Technology Education of the State Board of Career and Technology
Education, which department shall keep its principal offices at
Stillwater, and appoint and fix the compensation and duties of the
Director and other personnel of such Department;
2. Have the supervision of the technology center schools and
colleges of Oklahoma, except Oklahoma State University Institute of
Technology-Okmulgee and the Oklahoma State University Technical
Institutes at Oklahoma City and Stillwater, which, however, shall be
eligible to participate in federal programs administered by the State
Board of Career and Technology Education as hereinafter provided;
3. Cooperate with, and enter into agreements with, and
administer programs of, and receive federal funds from, the United
States Department of Education and other federal agencies in matters
relating to vocational and technical education, youth apprenticeship
programs, and manpower training, and be the sole state agency for
such purposes. Provided that, programs and funds made available
through the Job Training Partnership Act, or its successor programs,
shall be excluded;
4. Provide for the formulation and adoption of curricula,
courses of study, and other instructional aids necessary for the
adequate instruction of students in the technology center schools and
colleges of this state. It is the intent of the Legislature that
instructional models for vocational students should include higher
standards of academic work with increased emphasis on communication,
computation and applied science;
5. Develop a plan to provide adequate vocational offerings
accessible to all students having the ability to benefit;
6. Purchase or otherwise acquire equipment, materials, supplies
and other property, real or personal, as may be necessary for the
operation of the technology center schools of this state, and provide
for the maximum utilization of such property through a coordinated
and cooperative use thereof, including transfer of title to real and
personal property to a technology center school district for a
reasonable cash consideration if said property is to be utilized in a
vocational-technical program administered by the technology center
district board of education. Any conveyance of real property for a
reasonable consideration shall contain a reversionary clause by which
the real property shall revert to the State Board of Career and
Technology Education if the property ceases to be used in a
vocational-technical program administered by the technology center
district board of education;
7. Enter into such agreements and contracts with the State Board
of Education, boards of trustees of community junior colleges, boards
of education of independent and elementary school districts, boards
*+,-11'121#+,, .;)$"
of education of school districts for technology center schools,
private educational or training institutions, public or private
industry, and boards of directors of community action programs, as
may be necessary or feasible for the furtherance of vocational and
technical training within this state;
8. Cooperate and enter into agreements with the Oklahoma State
Regents for Higher Education;
9. Cooperate with the State Department of Education in
developing hands-on career exploration activities for students in
grades 6 through 10, integrating academic competencies into
vocational instruction, and ensuring counseling of all students in
order to minimize the number of students graduating from high school
without having completed either a vocational-technical program or
college preparation;
10. Develop and periodically update a plan to allow teacher
training and the purchase and installation of technological equipment
necessary to modernize vocational educational programs;
11. Accept and provide for the administration of any land,
money, buildings, gifts, funds, donations or other things of value
which may be offered or bequeathed to the schools or colleges under
the supervision or control of said Board;
12. Enter into cooperative arrangements with one or more other
states for the conduct and administration of programs, services and
activities;
13. Cooperate whenever possible, to avoid any duplication of
training programs with any established training program registered by
the Bureau of Apprenticeship and Training, United States Department
of Labor;
14. Accept and expend funds from any source in order to market,
advertise or promote programs and services available through the
Career and Technology Education system; and
15. Participate in activities pertaining to the recruitment of
companies to locate or expand operations in the state, and
participate in activities that will increase the competitiveness of
companies with headquarters or branch operations located in the
state. These activities may require agency staff to travel, train,
or provide technical assistance outside the State of Oklahoma.
Added by Laws 1971, c. 281, § 14-103, eff. July 2, 1971. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 53, emerg. eff. April 25, 1990;
Laws 1991, c. 3, § 17, eff. July 1, 1991; Laws 1993, c. 188, § 1,
emerg. eff. May 20, 1993; Laws 1994, c. 2, § 27, emerg. eff. March 2,
1994; Laws 2001, c. 33, § 90, eff. July 1, 2001; Laws 2006, c. 105, §
1, emerg. eff. April 27, 2006; Laws 2006, c. 319, § 1, emerg. eff.
June 9, 2006; Laws 2008, c. 54, § 4, eff. July 1, 2008.
NOTE: Laws 1993, c. 144, § 1 repealed by Laws 1994, c. 2, § 34,
emerg. eff. March 2, 1994.
*+,-11'121#+,, .;)$
§70-14-103.1. Vocational and technical education - Dropout Recovery
Grants - Statewide plan.
A. Contingent upon the provision of appropriated funds, the
State Board of Career and Technology Education is authorized to award
one or more competitive grants for dropout recovery programs to
technology center school districts. The grant awards shall be made
to technology center school districts serving school districts that
do not have intensive dropout prevention programs and that have the
greatest need for dropout prevention and recovery as reflected in
reports of the Office of Accountability. The Dropout Recovery Grants
shall emphasize dropout recovery, shall be in addition to any
existing alternative education programs, and shall meet the criteria
applicable to Alternative Education Academy Grants as set forth in
subsection A of Section 1210.563 of this title.
B. The State Board of Career and Technology Education shall
provide or contract for technical assistance from appropriated funds.
The State Board of Career and Technology Education shall provide or
contract for in-depth program analysis and evaluation of grant-funded
programs to the Oklahoma Department of Career and Technology
Education and the Legislature no later than November 1 following the
end of the school year in which one or more programs were implemented
and funded through Dropout Recovery Grants.
C. Programs funded through Dropout Recovery Grants shall be
subject to the funding cycle and limitations applicable to
Alternative Education Academy Grants as set out in subsection C of
Section 1210.563 of this title.
D. By September 15 of each school year, all revenue received and
expended for students participating in Dropout Recovery Grant
programs created in subsection A of this section shall be reported to
the Oklahoma Department of Career and Technology Education.
E. The State Board of Career and Technology Education shall
promulgate rules as necessary to administer the Dropout Recovery
Grants and the process by which the grant funding shall be allocated.
F. By September 1, 1995, the State Board of Career and
Technology Education shall prepare and submit to the Legislature and
the Governor a proposed statewide plan, including a statement of
needed funding, for the provision of vocational and technical
education to students in grades six through twelve who have been
identified by school districts in their needs assessments as being at
risk of not completing a high school education for a reason other
than that identified in Section 13-101 of this title, and who would
benefit from vocational and technical education. The plan shall
include the availability of technology education courses to the
identified students, an outreach effort to students in grades eleven
and twelve in vocational and technical courses, provision for
cooperative agreements to provide services for students participating
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in alternative education programs, and coordination with the State
Board of Education.
Added by Laws 1994, c. 290, § 67, eff. July 1, 1994. Amended by Laws
2001, c. 33, § 91, eff. July 1, 2001.
§70-14-103.2. Children placed outside parents' home and school
district - Access to vocational offerings.
The State Board of Career and Technology Education shall
promulgate rules to ensure access to vocational offerings in
technology center school districts to students in technology center
school districts who are receiving educational services from a school
district due to placements outlined in the provisions of Section 1-
113 of this title.
Added by Laws 1996, c. 319, § 4, eff. July 1, 1996. Amended by Laws
2001, c. 33, § 92, eff. July 1, 2001.
§70-14-103.3. Pilot program at technology center schools - Expansion
of rural businesses.
A. Subject to the availability of funds appropriated
specifically for this purpose, the State Board of Career and
Technology Education shall implement a pilot program at technology
center schools, the purpose of which is to provide services and
training to help rural businesses expand. The purpose of the pilot
program is to provide tuition grants and offer economic development,
marketing and technology access services to qualifying rural
businesses and communities as determined by the Oklahoma Department
of Career and Technology Education.
B. A pilot program may be established at technology center
school districts to increase the number of students taking industry
certification examinations and obtaining trade-specific industry
certifications and licenses. The local technology center board may
establish board policy suitable for their district. The expenditure
of public funds for this purpose shall be deemed a public purpose and
the funds expended shall be an authorized expenditure of general
funds from the technology center school districts to cover the direct
costs of trade-specific industry certification examinations and
licenses related to the program of study.
Added by Laws 1998, c. 335, § 1, eff. July 1, 1998. Amended by Laws
2001, c. 33, § 93, eff. July 1, 2001; Laws 2012, c. 116, § 1, eff.
July 1, 2012.
§70-14-103.4. Program for medical micropigmentation training and
certification.
The State Board of Career and Technology Education may establish
a program for training and certification in medical
micropigmentation. The program shall be developed with curricular
advice from the Oklahoma Board of Nursing, State Board of Medical
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Licensure and Supervision, State Board of Osteopathic Examiners, and
the Board of Dentistry.
Added by Laws 2000, c. 330, § 2, emerg. eff. June 5, 2000. Amended
by Laws 2001, c. 33, § 94, eff. July 1, 2001; Laws 2003, c. 384, § 4,
eff. Nov. 1, 2003.
§70-14-104. Oklahoma Department of Career and Technology Education –
Successor to Oklahoma Department of Vocational and Technical
Education.
A. There is hereby created the Oklahoma Department of Career and
Technology Education, which shall consist of such divisions, units
and positions as may be established by the State Board of Career and
Technology Education. The department shall be under the control of
the State Board of Career and Technology Education, which shall
formulate policies and adopt rules for the administration and
operation of the department.
B. The official name of the state agency which is known as
"State Department of Vocational and Technical Education" or the
“Oklahoma Department of Vocational and Technical Education” shall be
designated in all future references as the "Oklahoma Department of
Career and Technology Education". Any references in the statutes to
the State Department of Vocational and Technical Education or the
Oklahoma Department of Vocational and Technical Education shall be
deemed references to the Oklahoma Department of Career and Technology
Education.
Added by Laws 1971, c. 281, § 14-104, eff. July 2, 1971. Amended by
Laws 1995, c. 144, § 1, eff. July 1, 1995; Laws 2000, c. 209, § 2,
emerg. eff. May 19, 2000.
§70-14-105. Courses of instruction and training - State Career-
Technology Fund.
The Oklahoma Department of Career and Technology Education may
operate and maintain, or otherwise provide for, courses of
instruction and training in vocational and technical education
courses and subjects, and charge students reasonable tuition fees for
such instruction or training. The fees shall be deposited in a
special fund, which is hereby created, to be known as the State
Career-Technology Fund. The fund may be used to pay expenses
incurred by the Department in operating and maintaining such classes,
and payment therefrom may be upon vouchers signed by a person or
persons designated by the State Board of Career and Technology
Education. The fund may also be used for the operation of the Multi-
State Academic Vocational Curriculum Consortium (MAVCC) for the
purpose of developing and disseminating curriculum materials for the
member states.
*+,-11'121#+,, .;)($
Added by Laws 1971, c. 281, § 14-105, eff. July 2, 1971. Amended by
Laws 1985, c. 323, § 6, emerg. eff. July 30, 1985; Laws 1995, c. 144,
§ 2, eff. July 1, 1995; Laws 2001, c. 33, § 95, eff. July 1, 2001.
§70-14-106. Equipment pool.
A. The Oklahoma Department of Career and Technology Education
may operate and maintain an equipment pool, at which there shall be
kept equipment for the use of technology center school districts and
schools supported by public funds, and said department and schools
shall be eligible for surplus property and equipment.
B. Whenever the Department determines that any such district or
school has, and does not have a need for, equipment purchased wholly
or partly with state or federal funds, it may, if consistent with
federal laws and regulations, order the equipment transferred to the
equipment pool; and the district or school, or officials thereof,
shall thereupon have the duty to comply with such order. Provided,
any equipment which has been purchased wholly or in part with local
school funds shall require the concurrence of the governing board of
that local school before the equipment shall be transferred to the
state equipment pool.
C. Whenever the Department determines that a technology center
school district or school supported by public funds has a need for
any equipment in the equipment pool, the Department may transfer the
equipment to such district or school.
D. The State Board of Career and Technology Education shall
adopt and enforce such rules as it deems necessary to carry out the
provisions of this section.
Added by Laws 1971, c. 281, § 14-106, eff. July 2, 1971. Amended by
Laws 2001, c. 33, § 96, eff. July 1, 2001.
§70-14-107. Repealed by Laws 1989, c. 13, § 1, eff. Nov. 1, 1989.
§70-14-108. Technology center school districts - Organization and
operation - Governing board - Levy elections - Estimate of needs -
Appropriation accounts - Annexation and detachment of territory -
Classification, inspection and accreditation - Treasurer - Transfer
of tenure or accrued benefits.
A. The State Board of Career and Technology Education shall
prescribe criteria and procedures for the establishment and
governance of technology center school districts, as provided by
Section 9B, Article X, Oklahoma Constitution, and such districts so
established shall be operated in accordance with rules of the State
Board of Career and Technology Education, except as otherwise
provided in this title.
B. A technology center school district shall be a body corporate
and shall possess the usual powers of a corporation for public
purposes. Its official name shall be designated by the State Board
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of Career and Technology Education, in which name it may sue and be
sued, and be capable of contracting and being contracted with, and
holding real and personal estate.
C. The governing board of a technology center school district
shall be a board of education consisting of not less than five (5)
nor more than seven (7) members. Except as otherwise provided for in
subsection D of this section, all members of the board of education
shall be elected in a manner prescribed by the State Board of Career
and Technology Education. The State Board shall promulgate rules
prescribing the manner in which the elections required by this
subsection are held.
D. In a technology center school district that serves seventy or
more public school districts, the territory of the school district
shall be divided into district zones by the State Board of Career and
Technology Education. Between August 1 and December 31 of the year
following the submission by the United States Department of Commerce
to the President of the United States of the official Federal
Decennial Census, the Board shall reapportion the territory of the
technology center school district into district zones. All
boundaries of district zones shall follow clearly visible, definable,
and observable physical boundaries which are based upon criteria
established and recognized by the Bureau of the Census of the United
States Department of Commerce for purposes of defining census blocks
for its decennial census and shall follow, as much as possible,
precinct boundaries. District zones shall be compact, contiguous and
shall be as equal in population as practical with not more than a
five-percent variance between the most populous and least populous
district zones. The board of education of a technology center school
district shall consist of one member elected from each of the
district zones of the school district created pursuant to this
subsection. The electors of each district zone shall elect a person,
who is a resident of the district zone, to represent the district
zone on the school board. If during the term of office to which a
person was elected, that member ceases to be a resident of the
district zone for which the person was elected, the office shall
become vacant and the vacancy shall be filled as provided in Section
13A-110 of Title 26 of the Oklahoma Statutes. The State Board of
Career and Technology Education shall promulgate rules prescribing
the manner in which the elections required by this subsection are
held.
E. The board of education of a technology center school district
shall have the same powers and duties that boards of education of
independent school districts have. It may require nonresident
students to pay reasonable tuition fees, which may be paid for a
student by the independent or elementary school district in which the
student resides.
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F. An election to vote on the question of making a levy of not
to exceed five (5) mills on the dollar valuation of the taxable
property in a technology center school district under the provisions
of subsection A, Section 9B, Article X, Oklahoma Constitution, shall
be called by the board of education and conducted by the county
election board of such district in the same manner that elections for
emergency levies in school districts under the provisions of Section
9(d), Article X, Oklahoma Constitution, are called and conducted.
When such levy is approved by a majority of the electors of the
technology center school district voting on the question at such
election, the levy shall be made each fiscal year thereafter until
repealed by a majority of the electors of the district voting on the
question at an election called for such purpose. An election to vote
on the question of making a local incentive levy of not to exceed
five (5) mills on the dollar valuation of the taxable property in a
technology center school district under the provisions of subsection
B of Section 9B of Article X of the Oklahoma Constitution, may be
called by the board of education; and elections on a levy for a
building fund for an area school district under the provisions of
Section 10, Article X, Oklahoma Constitution, shall be called by the
board of education of such district and conducted by the county
election board in the same manner that elections for similar levies
are called and conducted in independent school districts.
G. Annual estimates of needs of technology center school
districts shall be made and approved in the same manner that those of
independent school districts are made and approved. Provided, that
the State Board of Career and Technology Education shall prescribe a
list of appropriation accounts by which the funds of technology
center school districts shall be budgeted, accounted for and
expended. Any such estimate of needs may include an estimate of
federal funds as probable income from sources other than ad valorem
tax of the district and other than any excise or other tax assessed
by legislative enactment and distributed in lieu of ad valorem taxes.
If a technology center school district lies in more than one county,
the district's estimate of needs shall be filed with and approved by
the county excise board of the county designated by the school
district board of education.
H. Territory may be annexed to or detached from a technology
center school district, in accordance with rules prescribed by the
State Board of Career and Technology Education. If the State Board
of Career and Technology Education requires the submission of a
petition in order for an election to be called for the purpose of
annexation or deannexation of territory to a technology center school
district, such petition shall not be required to bear a number of
technology center school district electors' signatures which exceed
fifty percent (50%) of the number of technology center school
district electors who voted in the last school board election in the
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territory proposed to be annexed or deannexed. Provided, the period
of time from which the petition is initiated to its time of filing
with the State Board shall not exceed ninety (90) days.
I. Schools of technology center school districts shall be
subject to classification, inspection and accreditation by the State
Board of Education.
J. The technology center school board of education may designate
a county treasurer to serve as treasurer of the school district or
may appoint an independent treasurer.
K. Within four (4) years after the creation of a technology
center school district, such school district may, at its discretion,
permit a teacher to transfer any or all accrued benefits upon
employment including credit for years of service in the previous
school district by the technology center school district, if the
teacher at the time of hiring is employed as a teacher by an
independent or elementary school district which is all or partly
within the boundaries of the technology center school district or is
employed as a teacher in a skills center within the boundaries of the
school district.
L. The board of education of a technology center school district
may convey surplus personal property without consideration to :
1. A school district that is within the boundary of the
technology center school district;
2. A public school offering secondary level education which was
created and is operated by the State of Oklahoma and that is within
the boundary of the technology center school district;
3. A technology center school district; or
4. The Oklahoma Department of Career and Technology Education
for the support or delivery of department initiatives.
M. The board of education of a technology center school district
may, without prior approval of the State Board of Career and
Technology Education, approve all plans and specifications for
technology center school buildings, additions, and major
modifications to school buildings that are designed to provide for
the offering of vocational-technical education programs and services
when the cost of the building project is to be paid with local levies
or state bond monies or both local levies and state bond monies.
Added by Laws 1971, c. 281, § 14-108, eff. July 2, 1971. Amended by
Laws 1975, c. 134, § 1, emerg. eff. May 19, 1975; Laws 1979, c. 193,
§ 1, emerg. eff. May 17, 1979; Laws 1980, c. 93, § 1, emerg. eff.
April 9, 1980; Laws 1982, c. 257, § 1, operative July 1, 1982; Laws
1988, c. 90, § 21, operative July 1, 1988; Laws 1990, c. 263, § 152,
operative July 1, 1990; Laws 1991, c. 281, § 10, eff. July 1, 1991;
Laws 1991, c. 335, § 25, emerg. eff. June 15, 1991; Laws 1999, c.
171, § 1, emerg. eff. May 21, 1999; Laws 2001, c. 33, § 97, eff. July
1, 2001; Laws 2002, c. 47, § 1, eff. July 1, 2002; Laws 2003, c. 50,
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§ 1, eff. Nov. 1, 2003; Laws 2009, c. 235, § 1, eff. July 1, 2009;
Laws 2010, c. 2, § 85, emerg. eff. March 3, 2010.
NOTE: Laws 1989, 1st Ex.Sess., c. 2, § 87 repealed by Laws 1991, c.
281, § 11, eff. July 1, 1991. Laws 1991, c. 3, § 18 repealed by Laws
1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 2009, c. 202, §
1 repealed by Laws 2010, c. 2, § 86, emerg. eff. March 3, 2010.
§70-14-108.1. Employee health insurance plans.
A. The board of education of each technology center school
district in this state shall provide a health insurance plan for the
employees of the technology center school district. Technology
center school districts may obtain health and dental insurance
coverage as provided for in the State and Education Employees Group
Insurance Act or may obtain other health insurance coverage. Any
technology center district that does not participate in the health
and dental insurance plans offered through the State and Education
Employees Group Insurance Act shall obtain health insurance coverage
for the employees which provides open enrollment, and provide for the
continuation of health insurance coverage, including supplemental
Medicare insurance coverage, for those district employees who retire
from said district after September 30, 1991, with a vested benefit in
the Teachers' Retirement System of Oklahoma. A retired person who
begins receiving benefits from the Teachers' Retirement System of
Oklahoma after September 30, 1991, who retires from a technology
center school district that provides other health insurance coverage,
and who elects to continue said health insurance coverage shall pay
to the technology center school district the premium rate for the
health insurance minus an amount equal to the premium rate of the
Medicare supplement or the amount determined pursuant to subsection
(4) of Section 1316.3 of Title 74 of the Oklahoma Statutes, whichever
is less, which shall be paid by the Teachers' Retirement System of
Oklahoma to the technology center school district. The technology
center school district shall remit to the health insurance coverage
provider the total premium due less any uncollected amounts payable
from retired technology center school district employees or their
qualified survivors.
B. A technology center school district that participates in
health insurance coverage other than the health insurance plan
offered by the State and Education Employees Group Insurance Act
shall not be required to pay any portion of the premium for the
employees or the dependents of the employees of said school district.
Unless a school district negotiates an agreement with its employees
regarding health insurance pursuant to Sections 509.1 through 509.9
of this title, and to the extent that the agreement provides for the
members of the recognized bargaining unit, a technology center school
district that participates in health insurance coverage other than
the health insurance plan offered by the State and Education
*+,-11'121#+,, .;)(
Employees Group Insurance Act is prohibited from acquiring additional
or supplemental health or dental insurance for any board member,
superintendent or any other employee which is not available to all
employees of said district, and said technology center school
district shall not pay a greater portion of the employee or dependent
premium for any health or dental insurance plan or plans provided by
said technology center school district on behalf of any board member,
superintendent or employee than that portion paid on behalf of all
participating employees of said district.
C. If a technology center school district obtains health
insurance coverage from a source other than through the State and
Education Employees Group Insurance Act, the employees of the
technology center school district who would be eligible to
participate in the health and dental plans may require the board of
education of the technology center school district to call an
election to allow said employees to vote as to whether the technology
center school district shall participate in the health and dental
insurance plans offered through the State and Education Employees
Group Insurance Act. Upon the filing with the board of education of
a petition calling for such an election which is signed by no less
than thirty percent (30%) of the eligible employees of the technology
center school district, the board of education shall call an election
for the purpose of determining whether the technology center school
district shall participate in the health and dental insurance plans
offered through the State and Education Employees Group Insurance
Act. The election shall be held within thirty (30) days of the
filing of the petition. If a majority of those eligible employees
voting at the election vote to participate in the health and dental
insurance plans offered through the State and Education Employees
Group Insurance Act, the board of education of the technology center
school district shall apply for such participation within thirty (30)
days of the election.
D. If a technology center school district does not have any
health insurance coverage of the type required by this section, that
technology center school district shall immediately be enrolled in
the health and dental insurance plans offered through the State and
Education Employees Group Insurance Act.
E. A carrier providing health insurance coverage for employees
of a technology center school district health insurance group which
replaces a previous carrier for such technology center school
district employees shall provide coverage for each retired employee
who is receiving a benefit or terminates employment with a vested
benefit from the Teachers' Retirement System of Oklahoma and who is
enrolled in the health insurance group by the previous carrier at the
time the previous carrier providing health insurance coverage is
replaced. Notwithstanding any provision in this section to the
contrary, any person who retires pursuant to the provisions of the
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Teachers' Retirement System of Oklahoma prior to May 1, 1993, or
terminates service with a vested benefit, pursuant to the provisions
of the Teachers' Retirement System of Oklahoma prior to May 1, 1993,
may continue to participate in the health and dental plans authorized
by the provisions of the State and Education Employees Group
Insurance Act.
F. In the event a technology center school district ceases to
exist, the assets and duties of said technology center school
district are transferred to one or more other technology center
school districts, said other technology center school district or
districts do not agree to employ all of the former employees of the
technology center school district that is ceasing to exist, and said
former employees who are not being reemployed have rights under
federal or state law to continue group insurance coverage, the
annexing technology center school district having the largest general
fund revenue for the most recent preceding fiscal year for which data
is available shall provide group insurance coverage to said former
employees not being retained during the period as required by law.
Added by Laws 1988, c. 165, § 2, operative July 1, 1988. Amended by
Laws 1991, c. 219, § 2, emerg. eff. May 22, 1991; Laws 1993, c. 359,
§ 2, eff. July 1, 1993; Laws 2001, c. 33, § 98, eff. July 1, 2001.
§70-14-108.2. Agricultural education programs.
A. Agricultural education programs are designed for junior high
and high school grades eight through twelve, and shall be provided by
comprehensive school districts. Technology center school districts
shall be prohibited from operating agricultural education programs or
FFA chapters in any location.
B. Each student enrolled in an agricultural education program
shall participate in a supervised agricultural experience project.
C. For each agricultural education program which is funded by
the Oklahoma Department of Career and Technology Education, the local
school district shall provide transportation services for
agricultural-education-program- and FFA-program-related duties and
activities.
Added by Laws 2014, c. 31, § 1, emerg. eff. April 9, 2014. Amended
by Laws 2015, c. 16, § 1, eff. July 1, 2015; Laws 2015, c. 121, § 1,
eff. July 1, 2015.
§70-14-109. Technology center school districts - Special building
project account.
A. If required to do so as a prerequisite to the receipt of
federal funds for a building project, the board of education of a
technology center school district may establish a special account to
be used for payment of the cost of the building project. Federal and
state funds received for the building project may be deposited in the
special account. Monies from the following sources, if available for
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the payment of the cost of the building project, may also be
deposited in the special account: bond issues, levies for a building
fund under Section 10 of Article X, Oklahoma Constitution and
appropriations for capital outlay in the general fund of the
district.
B. The board of education shall estimate the total amount to be
deposited in or transferred to the aforesaid building project
account, and may issue warrants against the account for the payment
of the cost of the building project. The total amount of such
warrants shall not exceed the estimate of the board of education of
the total amount to be deposited in or transferred to the account. If
there shall be an insufficient amount in the building project account
to pay a warrant, the warrant shall bear interest at a rate to be
fixed by the board of education, not to exceed six percent (6%) per
annum, from the date of issuance until paid.
C. For the purposes of this section, the cost of a building
project shall include expenditures for sites, for the construction of
buildings, and for equipment, furniture and fixtures.
D. The State Board of Career and Technology Education shall
adopt such rules as it deems necessary to make the provisions of this
section effective.
Added by Laws 1971, c. 281, § 14-109, eff. July 2, 1971. Amended by
Laws 2001, c. 33, § 99, eff. July 1, 2001.
§70-14-110. Technology center school districts and independent
school districts - Separate boards - Existing boards - Election
procedure.
A. If the territory comprising an independent school district
has been established by the State Board of Career and Technology
Education as a technology center school district, and the boundaries
of each are coterminous, the board of education of the technology
center school district shall be separate from the board of education
of the independent school district and no member of either board
shall be eligible to serve on the other.
B. Existing boards of education of technology center school
districts which are comprised of members of the board of education of
an independent school district with coterminous boundaries shall be
dissolved by the State Board of Career and Technology Education, and
the offices of the members of such boards shall become vacant on the
first Monday in June, 1982. The State Board of Career and Technology
Education shall establish election districts for such a technology
center school district which shall have boundaries coterminous with
the election districts of the independent school district and which
shall be numbered identically to the election districts of the
independent school district.
C. A separate board of education shall be created for such a
technology center school district and its members elected in the
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manner prescribed by the rules of the State Board of Career and
Technology Education except as hereafter provided:
1. The Governor shall appoint members to those offices of the
board of education of such a technology center school district which
will become vacant on the first Monday in June, 1982, to staggered
terms as follows:
a. two members shall be appointed to a term of one (1)
year. Each of these offices shall become vacant on the
first Monday in June, 1983,
b. two members shall be appointed to a term of two (2)
years. Each of these offices shall become vacant on
the first Monday in June, 1984,
c. two members shall be appointed to a term of three (3)
years. Each of these offices shall become vacant on
the first Monday in June, 1985, and
d. one member shall be appointed to a term of four (4)
years. This office shall become vacant on the first
Monday in June, 1986;
2. Upon the expiration of the term of an office of the board of
education of a technology center school district prior to the
expiration of the term of an office of the board of education of the
independent school district in a coterminous election district, the
Governor shall appoint a board member to the office of the technology
center school district for the number of years necessary to establish
a coterminous term between the board members of the technology center
school board and the independent school district in the coterminous
election district;
3. Thereafter, as the office of each member appointed to the
board of education of the technology center school district becomes
vacant, it shall be filled by a member elected as prescribed by the
rules of the State Board of Career and Technology Education except as
herein provided;
4. Elections of members to the board of education of the
technology center school district shall be held on the same day as
elections are held for election of members to the independent school
district;
5. One member shall be elected from each election district by
the voters of that election district; and
6. The term of office of each member elected to the board of
education of the technology center school district shall be four (4)
years.
Added by Laws 1971, c. 281, § 14-110, eff. July 2, 1971. Amended by
Laws 1982, c. 91, § 1, emerg. eff. April 1, 1982; Laws 1983, c. 12, §
1, emerg. eff. March 23, 1983; Laws 2001, c. 33, § 100, eff. July 1,
2001.
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§70-14-111. Repealed by Laws 1974, c. 152, § 4, emerg. eff. May 3,
1974.
§70-14-111A. Nondegree instructors in vocational and technical
education programs - Increments.
Nondegree instructors in vocational and technical education who
are employed in a full-time, approved, reimbursed program for
vocational and technical education shall qualify for yearly
increments the same as any other teacher in the public schools.
Added by Laws 1974, c. 152, § 1, emerg. eff. May 3, 1974.
§70-14-112. Agency for state.
The State Board of Career and Technology Education is hereby
specifically designated as the agency of this state to cooperate and
deal with any officer, board, or authority of the United States
Government which may require or recommend cooperation with any state
board of vocational and technical education. The Board, unless
otherwise provided specifically by law, shall have no authority to
use or pledge funds of the state for cooperation without approval by
the Governor of the state.
Added by Laws 1971, c. 281, § 14-112, eff. July 2, 1971. Amended by
Laws 2001, c. 33, § 101, eff. July 1, 2001.
§70-14-113. Citation.
This act may be cited as the "Displaced Homemakers Act".
Added by Laws 1978, c. 94, § 1, eff. July 1, 1978.
§70-14-114. Legislative findings, purpose and intent.
The Legislature hereby finds and declares that there is an ever-
increasing number of persons in this state who, having fulfilled a
role as homemaker, find themselves "displaced" in their middle years
through divorce, death of spouse or other loss of family income; as a
consequence, displaced homemakers are very often without any source
of income; they are ineligible for categorical welfare assistance;
they are subject to the highest unemployment rate of any sector of
the work force; they face continuing discrimination in employment
because they are often older and have no recent paid work experience;
they are ineligible for unemployment insurance because they have been
engaged in unpaid labor in the home; they are ineligible for social
security because they are too young, and for many, they will never
qualify for social security because they have been divorced from the
family wage earner; they have often lost their rights as
beneficiaries under employers' pension and health plans through
divorce or death of spouse, despite many years of contribution to the
family well-being; and they are most often ineligible for Medicaid
and are generally unacceptable to private health insurance plans
because of their age.
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The Legislature further finds and declares that homemakers are an
unrecognized part of the work force who make an invaluable
contribution to the welfare of the society as a whole.
It is the intention of the Legislature in enacting this chapter
to provide the necessary counseling, training, jobs, services and
support programs for displaced homemakers so that they may enjoy the
independence and economic security vital to a productive life and to
improve the welfare of this ever-growing group of citizens.
Added by Laws 1978, c. 94, § 2, eff. July 1, 1978.
§70-14-115. Definitions.
As used in this act:
1. Board means the State Board of Career and Technology
Education;
2. Superintendent means the superintendent of the technology
center school designated as the pilot multipurpose service center for
displaced homemakers;
3. Center means the pilot multipurpose service center for
displaced homemakers; and
4. Displaced homemaker means an individual who:
a. has worked without pay as a homemaker for his or her
family, and who has reached the age of thirty-five (35)
years or older,
b. is not gainfully employed,
c. has had, or would have, difficulty finding employment,
and
d. (1) has depended on the income of a family member and
has lost that income, or
(2) has depended on government assistance as the
parent of dependent children, but who is no longer
eligible for such assistance.
Added by Laws 1978, c. 94, § 3, eff. July 1, 1978. Amended by Laws
2001, c. 33, § 102, eff. July 1, 2001.
§70-14-116. Pilot multipurpose service center.
The Board shall establish a pilot multipurpose service center for
displaced homemakers in a suitable technology center school with
adequate facilities. The Board shall designate the technology center
school which is to serve as the pilot multipurpose service center for
displaced homemakers. The superintendent of the designated
technology center school shall hire the personnel and administer the
program for the pilot project. The superintendent is authorized to
contract with or make grants to private nonprofit agencies or
organizations to carry out the various programs of the centers as
enumerated in this act.
Added by Laws 1978, c. 94, § 4, eff. July 1, 1978. Amended by Laws
2001, c. 33, § 103, eff. July 1, 2001.
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§70-14-117. Location of center - Criteria.
A. In selecting the site for the center, the Board shall
consider the following criteria:
1. Accessibility to substantial displaced homemaker population;
2. Suitability of vocational and technical training programs;
3. Availability of child care programs and services;
4. Availability of support services or programs in the community
or surrounding areas; and
5. Accessibility to a variety of educational or training
programs.
B. To the greatest extent possible, the staff of the service
center, including supervisory, technical and administrative
positions, shall be filled by displaced homemakers.
Added by Laws 1978, c. 94, § 5, eff. July 1, 1978.
§70-14-118. Funds.
The Board, superintendent and director of the center shall
explore all possible sources of funding and in-kind contributions
from federal, local and private sources in establishing and enhancing
the center and its programs.
Added by Laws 1978, c. 94, § 6, eff. July 1, 1978.
§70-14-119. Job-counseling and job-training programs.
The center shall establish the following programs:
1. Job-counseling program for displaced homemakers which shall
be specifically designed for the person reentering the job market
after a number of years as a homemaker. The counseling will take
into consideration, and build upon, the skills and experiences of a
homemaker. Peer counseling and job readiness as well as skill
updating and development shall be emphasized; and
2. Job-training program for displaced homemakers in which the
staff at the center shall work with local government agencies and
private employers to develop training programs for available jobs in
the public and private sectors.
Added by Laws 1978, c. 94, § 7, eff. July 1, 1978.
§70-14-120. Center staff - Responsibilities and duties.
Center staff shall be responsible for assisting the trainee in
finding permanent employment. To this end, the superintendent and
the center staff shall work with the Oklahoma Employment Security
Commission and the service delivery areas under the Job Training
Partnership Act of 1982 in the area of the center to secure
employment for displaced homemakers and/or training stipends for
displaced homemakers.
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The center staff and the superintendent shall also work to
determine the feasibility and appropriate procedures for allowing
displaced homemakers to participate in the following:
1. Programs established under the Job Training Partnership Act
of 1982 29 U.S.C., Section 1501, et seq.;
2. Work incentive programs established under the Federal Social
Security Act;
3. Programs established or benefits provided under federal and
state unemployment compensation laws by consideration of full-time
homemakers as workers eligible for such benefits or programs;
4. The Federal-State Expanded Unemployment Compensation Act of
1970 26 U.S.C., Section 3304, Note;
5. Title II of the Emergency Jobs and Unemployment Assistance
Act of 1974 26 U.S.C., Section 3304, Note;
6. The Emergency Unemployment Compensation Act of 1974 26
U.S.C., Section 3304, Note; and
7. Related federal and state employment, education, health and
unemployment assistance programs.
Amended by Laws 1986, c. 207, § 62, operative July 1, 1986; Laws
1989, c. 313, § 12, operative July 1, 1989.
§70-14-121. Service programs.
The center shall include, but not be limited to, the following
service programs for displaced homemakers:
1. Money management courses, including information and
assistance in dealing with insurance programs, life, health, home and
car, taxes, mortgages, loans and probate problems; and
2. Educational programs, including courses offering credit
through higher educational institutions or leading toward a high
school equivalency degree. Support services shall be established
which are designed to supplement the usual academic course offerings
and training programs with classes aimed toward older persons to
improve their employment capabilities.
Added by Laws 1978, c. 94, § 9, eff. July 1, 1978.
§70-14-122. Regulations concerning eligibility for service programs.
The superintendent, in consultation with the director of the
service center, shall establish regulations concerning the
eligibility of persons for the job training and other programs of the
multipurpose service center, the level of stipends, if any, for the
job training programs, and such other matters as the superintendent
deems necessary to carry out the purpose of this act.
Added by Laws 1978, c. 94, § 10, eff. July 1, 1978.
§70-14-123. Evaluation of programs - Reports.
A. The superintendent shall require the center staff to evaluate
the effectiveness of the job training, placement and service
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components of the center. Such evaluation shall include the number
of persons trained, the number of persons placed in employment,
follow-up data on such persons, the number of persons served by the
various service programs and cost effectiveness of the various
components of the center.
B. The superintendent shall compile the evaluation into a
written report for the Legislature to determine the feasibility of
extending the pilot program to other areas of the State of Oklahoma.
The evaluation report shall be filed no later than July 1, 1979.
Added by Laws 1978, c. 94, § 11, eff. July 1, 1978.
§70-14-124. Correctional institutions - Administration, supervision
and instruction of vocational training programs.
The State Board of Career and Technology Education is hereby
directed to assume the administrative, supervisory and instructional
operations of all vocational training programs in correctional
institutions for which it receives funds.
Added by Laws 1980, c. 217, § 6, eff. May 30, 1980. Amended by Laws
1986, c. 258, § 10, operative July 1, 1986; Laws 2001, c. 33, § 104,
eff. July 1, 2001.
§70-14-125. Stringtown Correctional Center - Transfer of
administration, supervision, and operation.
The administration, supervision, and operation of the Vocational
Training Program and School located at the Stringtown Correctional
Center is hereby transferred from the Department of Human Services to
the State Board of Career and Technology Education. All property,
records, and personnel of said center are hereby transferred to the
State Board of Career and Technology Education.
Added by Laws 1983, c. 247, § 11, operative July 1, 1983. Amended by
Laws 2001, c. 33, § 105, eff. July 1, 2001.
§70-14-125.1. Employees of Stringtown Correctional Center -
Retirement benefits.
Employees of the Vocational Training Program and School located
at the Stringtown Correctional Center who are members of the Oklahoma
Public Employees Retirement System and are being transferred from the
Department of Human Services to the State Board of Career and
Technology Education shall cease accruing benefits in the Oklahoma
Public Employees Retirement System and shall commence accruing
benefits pursuant to the Teachers' Retirement System on July 1, 1983.
On January 1, 1984, the Oklahoma Public Employees Retirement System
shall transfer to the Teachers' Retirement System the actual amount
contributed to the Oklahoma Public Employees Retirement System by the
state and by each employee of the Vocational Training Program and
School located at the Stringtown Correctional Center transferring to
the Teachers' Retirement System and the retirement records of those
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transferring employees. Service accrued by said employees pursuant
to the provisions of the Oklahoma Public Employees Retirement System
shall be treated as credited service in the Teachers' Retirement
System.
Added by Laws 1983, c. 247, § 12, operative July 1, 1983. Amended by
Laws 2001, c. 33, § 106, eff. July 1, 2001.
§70-14-126. Consultant services - Contracts with retired
administrators.
No administration of a technology center school district shall
enter into a contract for consultant services with any person who has
retired from employment as an administrator with any technology
center school district for two (2) years after the retirement date of
such administrator. Nothing in this section shall prohibit a board
of education of a technology center school district from employing as
a substitute teacher, a person who has retired as an administrator or
teacher with a technology center school district within two (2) years
after the retirement date of the person.
Added by Laws 1988, c. 128, § 2, emerg. eff. April 12, 1988. Amended
by Laws 2001, c. 33, § 107, eff. July 1, 2001.
§70-14-127. Youth apprenticeship program guidelines.
A. The Oklahoma Legislature, recognizing the need for improved
methods of helping secondary students make a smooth transition from
high school to the workplace, hereby establishes guidelines for youth
apprenticeship programs.
B. Youth apprenticeship programs shall be defined as learning
programs for young people enrolled in vocational education that
combine on-the-job learning with classroom instruction, that offer a
bridge between secondary and post high school training and education,
and that result in certification of mastery of work skills.
C. Youth apprenticeship programs shall be administered and
supervised by the State Board of Career and Technology Education,
which shall also establish standards for program operation.
D. Notwithstanding any other section of law, youth
apprenticeship programs shall not mean any traditional apprenticeship
program registered by the Bureau of Apprenticeship and Training,
United States Department of Labor.
Added by Laws 1993, c. 144, § 2, eff. April 1, 1993. Amended by Laws
2001, c. 33, § 108, eff. July 1, 2001.
§70-14-128. Oklahoma Youth Apprenticeship Committee - Members -
Quorum.
A. There is hereby created the Oklahoma Youth Apprenticeship
Committee. The committee shall be appointed by the State Board of
Career and Technology Education within thirty (30) days of the
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effective date of this act and shall consist of thirteen (13) members
as follows:
1. The Director of the Oklahoma Department of Career and
Technology Education or designee who shall also serve as committee
chair;
2. The State Superintendent of Public Instruction or designee;
3. The Chancellor of Higher Education or designee;
4. One superintendent of a technology center school district;
5. One superintendent of an independent school district;
6. One president of a state community or junior college;
7. Two members who represent the interests of labor, including
one who represents the Bureau of Apprenticeship Training of the
United States Department of Labor;
8. Four members who are currently employed in business or
industry; and
9. One member who represents a city chamber of commerce.
B. Seven members of the committee shall constitute a quorum. A
quorum must be present to transact any business of the committee.
The committee is advisory in nature and shall meet as necessary to
provide recommendations to the State Board of Career and Technology
Education related to the administration of and standards for youth
apprenticeship programs. The members of the committee shall be
reimbursed for travel expenses incurred in performing official duties
in accordance with the provisions of the State Travel Reimbursement
Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
Added by Laws 1993, c. 144, § 3, eff. April 1, 1993. Amended by Laws
2001, c. 33, § 109, eff. July 1, 2001.
§70-14-129. Rules.
The State Board of Career and Technology Education shall
promulgate rules to implement the provisions of this act.
Added by Laws 1993, c. 144, § 4, eff. April 1, 1993. Amended by Laws
2001, c. 33, § 110, eff. July 1, 2001.
§70-14-130. State Board of Career and Technology Education.
A. On July 1, 2014, all powers, duties, functions, and
responsibilities of the State Board of Education that relate to adult
education shall be transferred to the State Board of Career and
Technology Education. The transfer shall include all equipment,
supplies, records, assets, current and future liabilities, fund
balances, encumbrances, obligations, and indebtedness associated with
the State Board of Education that relate to adult education.
B. Any monies accruing to or in the name of the State Board of
Education on and after the effective date of this act that relate to
adult education, or any monies that accrue in any funds or accounts
or are maintained for the benefit of the State Board of Education on
and after the effective date of this act that relate to adult
*+,-11'121#+,, .;)"
education shall be transferred to the State Board of Career and
Technology Education.
C. The State Board of Career and Technology Education shall
succeed to any contractual rights and responsibilities incurred by
the State Board of Education.
D. The Director of the Office of Management and Enterprise
Services is hereby directed to coordinate the transfer of funds,
allotments, purchase orders, and outstanding financial obligations or
encumbrances as provided for in this section.
Added by Laws 2014, c. 164, § 3, eff. July 1, 2014.
§70-14-131. Administrative rules - Distribution of funds.
A. Effective July 1, 2014, all administrative rules promulgated
by the State Board of Education that relate to adult education
programs shall be transferred to and become a part of the
administrative rules of the State Board of Career and Technology
Education. The Office of Administrative Rules in the Secretary of
State's office shall provide adequate notice in the Oklahoma Register
of the transfer of such rules, and shall place the transferred rules
under the Administrative Code section of the State Board of Career
and Technology Education. Such rules shall continue in force and
effect as rules of the office of the State Board of Career and
Technology Education from and after July 1, 2014, and any amendment,
repeal or addition to the transferred rules shall be under the
jurisdiction of the State Board of Career and Technology Education.
B. The State Board of Career and Technology Education shall
adopt and promulgate rules and standards for adult education programs
and distribution of funds to school districts and organizations which
offer adult education services in this state.
Added by Laws 2014, c. 164, § 4, eff. July 1, 2014.
§70-14-132. Agreements and contracts for services.
A. The State Board of Career and Technology Education is hereby
authorized and directed to enter into agreements and to contract for
the provision of adult education, assessment and other services for
courses leading to a high school equivalency diploma. Any adult
education program providing services pursuant to a contract or
subcontract with the State Board of Career and Technology Education
and receiving funds from the State Board of Career and Technology
Education or any contractor with the State Board of Career and
Technology Education shall be subject to the provisions of the
administrative rules of the State Board of Career and Technology
Education.
B. The Department of Education shall retain the responsibility
for issuing diplomas to those who successfully complete a high school
equivalency test, pursuant to criteria established by the State Board
of Education.
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Added by Laws 2014, c. 164, § 5, eff. July 1, 2014. Amended by Laws
2015, c. 360, § 2, eff. July 1, 2015.
§70-14-133. Adult Education Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the State Board of Career and Technology Education to be
designated the "Adult Education Revolving Fund". The fund shall
consist of fees paid to the Board for the oversight and management of
the high school equivalency test as administered by the Board
pursuant to law. The revolving fund shall be a continuing fund, not
subject to fiscal year limitations, and shall be under the control
and management of the administrative authority of the State Board of
Career and Technology Education. Expenditures from the fund shall be
made to maintain the high school equivalency testing process.
Warrants for expenditure shall be drawn by the State Treasurer on
claims by an authorized employee of the State Board of Career and
Technology Education and approved by the Director of the Office of
Management and Enterprise Services.
Added by Laws 2014, c. 164, § 6, eff. July 1, 2014. Amended by Laws
2015, c. 360, § 3, eff. July 1, 2015.
§70-14-134. Tuition waivers for children of persons killed in the
line of duty.
A. Within the system of career technology districts, no resident
tuition or nonresident tuition shall be charged to the:
1. Children of Oklahoma peace officers as defined by Section 648
of Title 21 of the Oklahoma Statutes who have given their lives in
the line of duty;
2. Children of Oklahoma firefighters who have given their lives
in the line of duty;
3. Children of members of the Oklahoma Law Enforcement
Retirement System who have given their lives in the line of duty or
whose disability is by means of personal and traumatic injury of a
catastrophic nature, as defined by Section 2-300 of Title 47 of the
Oklahoma Statutes, and occurred in the line of duty; and
4. Children of Oklahoma emergency medical technicians who have
given their lives in the line of duty.
B. Such waiver of resident tuition and nonresident tuition shall
be limited to a period of five (5) years.
C. Such waiver of resident tuition or nonresident tuition to the
children of deceased peace officers and to the children of deceased
firefighters as provided for in this section shall be a service
benefit of each Oklahoma peace officer and Oklahoma firefighter.
D. For purposes of this section:
1. "Firefighter" means a volunteer firefighter or a permanent
salaried professional member of any fire department within the State
of Oklahoma; and
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2. "Emergency medical technician" means a person volunteering or
employed as an emergency medical technician and who is licensed as an
emergency medical technician pursuant to Section 1-2505 of Title 63
of the Oklahoma Statutes.
Added by Laws 2014, c. 133, § 1, eff. Nov. 1, 2014.
NOTE: Editorially renumbered from § 14-130 of this title to avoid a
duplication in numbering.
§70-14-135. Career-readiness assessments and assessment-based
credentials.
Subject to the availability of funds, beginning with the 2019-
2020 school year, the Oklahoma Department of Commerce, in cooperation
with the State Department of Education and the Commission for
Educational Quality and Accountability, shall review and approve
career-readiness assessments and assessment-based credentials that
measure and document foundational workplace skills. Beginning with
the 2019-2020 school year, the assessments shall be made available to
all public school districts to be administered to students at the
discretion of each school district's administration. The assessment-
based credential shall be available to any student who achieves the
prescribed level on the required assessments. If the public school
district chooses to administer the assessments, the assessments shall
be administered at least once to each student who chooses to take the
assessment at no cost to the student. The assessments shall:
1. Be a standardized, criterion-referenced measure of broadly
relevant foundational workplace skills;
2. Assess and document student readiness for a wide range of
jobs;
3. Measure skills in the following areas, including but not
limited to:
a. applied mathematics,
b. workplace documents,
c. graphic literacy, or
d. critical thinking and leadership collaboration;
4. Align with research-based skill requirement profiles for
specific industries and occupations;
5. Lead to nationally recognized work-readiness certificates or
credentials for students who meet the minimum proficiency
requirements on the component assessments; and
6. Be available in paper- and computer-based formats.
Added by Laws 2019, c. 419, § 1, eff. July 1, 2019.
§70-14A-1. Repealed by Laws 1961, p. 555, § 1.
§70-14A-1a. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;))
§70-14A-1b. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14A-1c. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14A-1d. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14A-1e. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14A-1f. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14A-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14B-1. Repealed by Laws 1961, p. 555, § 1.
§70-14B-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14B-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14B-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14c-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14c-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14c-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
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§70-14C-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-14C-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;))(
§70-15-7. Repealed by Laws 1955, p. 445, § 55.
§70-15-8. Repealed by Laws 1955, p. 445, § 55.
§70-15-9. Repealed by Laws 1955, p. 445, § 55.
§70-15-10. Repealed by Laws 1955, p. 445, § 55.
§70-15-11. Repealed by Laws 1955, p. 445, § 55.
§70-15-12. Repealed by Laws 1955, p. 445, § 55.
§70-15-13. Repealed by Laws 1955, p. 445, § 55.
§70-15-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-15-101. School buildings - Bonds.
Whenever it shall become necessary for the board of education of
any school district to raise sufficient funds for the purchase of a
school site or sites, or to erect or purchase and equip a suitable
school building or buildings, either or both, or for the purpose of
making repairs to an existing school building or buildings, or for
the purchase of school furniture and fixtures, or for making
improvements to any school site or sites, either or both, it shall be
lawful for such board of education to borrow money for which it is
hereby authorized and empowered to issue bonds bearing a rate of
interest not exceeding seven percent (7%) per annum, payable
semiannually, at such place as may be shown on the face of such
bonds, which bonds shall be payable serially as otherwise provided by
law in not more than twenty-five (25) years from date; and the board
of education is hereby authorized and empowered to sell such bonds at
not less than their par value; provided, before any bonds shall be
issued, the board of education shall cause an election to be held in
such district as herein provided; provided, further, bonds may be
voted in one issue and at the same election for any or all of the
purposes hereinbefore enumerated.
Added by Laws 1971, c. 281, § 15-101, eff. July 2, 1971.
*+,-11'121#+,, .;))
§70-15-102. Election - Notice - Cost - Election on same proposition
within four (4) months after defeat prohibited.
The board of education shall call an election, to be conducted by
the county election board in all respects as other elections, for the
purpose of taking the sense of the district upon the question of
issuing such bonds, naming in the proclamation of such election the
amount of bonds to be voted on and the purpose for which they are to
be issued; and it shall cause to be published in a newspaper of
general circulation in said district the time and place of such
election, such notices to be given at least ten (10) days before such
election. In all instances where proclamations for elections for
boards of education are required by statute of the mayor of a city,
and in all instances where elections for boards of education are
provided for by statute wherein the mayor and city clerk are
denominated, the president of the board of education shall be
substituted for the mayor and the clerk of the board of education
shall be substituted for the city clerk. Boards of education are
hereby declared to be free and independent of cities in all matters
relating to school elections legally called upon all school matters,
and presidents of boards of education shall have full power to issue
proclamations calling school elections; provided, that no election
shall be called on the same proposition within four (4) months after
such proposition has been defeated at an election by the school
district electors. The provisions of this act as to the waiting
period shall not apply where the school facilities have been
destroyed by an act of God. The cost of such elections, together
with the cost of such proclamations, publication, notices or other
expenses required, shall be legal costs of boards of education.
Laws 1971, c. 281, § 15-102, eff. July 2, 1971.
§70-15-103. Electors - Qualifications.
On the question of issuance of said bonds, no person shall be
qualified to vote unless he be in all respects a school district
elector of such district. In case three-fifths (3/5) of the voters
thereof voting at such election shall vote affirmatively for the
issuance of said bonds, then the said board of education shall issue
the same and not otherwise. The amount of the bonds so voted upon
and issued shall not cause the school district to become indebted in
an amount, including existing indebtedness, in the aggregate
exceeding five percent (5%) of the valuation of the taxable property
therein, to be ascertained from the last assessment for state and
county purposes previous to the incurring of such indebtedness; but
if the school district has an absolute need therefor, such district
may, with the assent of three-fifths (3/5) of the voters thereof,
voting at such election, incur indebtedness to an amount, including
existing indebtedness, in the aggregate exceeding five percent (5%)
but not exceeding ten percent (10%) of the valuation of the taxable
*+,-11'121#+,, .;)))
property therein, to be ascertained from the last assessment for
state and county purposes previous to the incurring of such
indebtedness, for the purpose of acquiring or improving school sites,
constructing, repairing, remodeling or equipping buildings or
acquiring school furniture, fixtures or equipment or more than one or
all of such purposes; and such assent to such indebtedness shall be
deemed to be a sufficient showing of such absolute need. Section 26,
Article X, of the Oklahoma Constitution, as amended on April 5, 1955,
shall hereafter be in full force and effect. Provided, that any bond
election that shall have heretofore been called or held in accordance
with the provisions of Section 26, Article X, of the Oklahoma
Constitution, as amended on April 5, 1955, is hereby validated if the
bonds so authorized at such election have not yet been sold and
delivered.
Added by Laws 1971, c. 281, § 15-103, eff. July 2, 1971.
§70-15-104. Form - Provision for collection of annual tax.
The said bonds shall contain all necessary provisions as to form;
and such school district shall, before or at the time of the issuance
of the same, provide for the collection of an annual tax sufficient
to pay the interest on such indebtedness as it falls due, and also to
constitute a sinking fund for the payment of the principal thereof.
Added by Laws 1971, c. 281, § 15-104, eff. July 2, 1971.
§70-15-105. Signatures - Registration - Certificate.
The bonds, the issuance of which is provided in the preceding
sections, shall be signed by the president, attested by the clerk and
registered by the treasurer of the board of education, and shall have
endorsed thereon a certificate signed by the county clerk and the
district attorney of the county wherein such district is located,
stating that said bonds or evidence of debt are issued pursuant to
law and that said issue is within the debt limit.
Laws 1971, c. 281, § 15-105, eff. July 2, 1971.
§70-15-106. Transportation equipment - Bonds.
Any school district that is authorized by law to provide
transportation for pupils to and from school may become indebted for
the purpose of purchasing transportation equipment and may issue its
bonds, as provided for by law, in any amount not exceeding, with
existing indebtedness, ten percent (10%) of the valuation of the
taxable property within the school district, as shown by the last
preceding assessment for state and county purposes previous to the
incurring of indebtedness. The bonds shall be made to mature within
a period not to exceed five (5) years from their date. It is hereby
declared that the use of the word "equipment" in Section 26, Article
X of the Oklahoma Constitution was intended to include the
"transportation equipment" referred to in this section.
*+,-11'121#+,, .;))!
Added by Laws 1971, c. 281, § 15-106, eff. July 2, 1971. Amended by
Laws 1995, c. 257, § 3, emerg. eff. May 25, 1995.
§70-15-106.1. Equipment purchase - Bonds.
Any school district may become indebted for the purpose of
purchasing equipment and may issue its bonds, as provided for by law,
in any amount not exceeding, with existing indebtedness, ten percent
(10%) of the valuation of the taxable property within the school
district, as shown by the last incurring of indebtedness. The bonds
shall be made to mature within a period not to exceed five (5) years
from their date. It is hereby declared that the use of the word
"equipment" in Section 26, Article X of the Oklahoma Constitution was
intended to include: library books, textbooks, school-owned
uniforms, computer software, electronic media content, perpetual or
continuous district software license agreements and web-based
software subscriptions with a term of more than one (1) year but not
more than five (5) years, the acquisition of telecommunications
devices and components to be used to enhance classroom instruction
and maintenance/service contracts which are included as a part of the
equipment purchase price and any associated hardware and software
necessary for implementation and training and any maintenance
agreements. This provision shall not restrict a school district from
issuing bonds with a maturity of greater than five (5) years for the
purchase of equipment not listed in this section. If the maturity of
the bond is greater than five (5) years, the maturity of the bond
shall not exceed the effective life of any equipment purchased with
the proceeds.
Added by Laws 1995, c. 257, § 4, emerg. eff. May 25, 1995. Amended
by Laws 2004, c. 361, § 22, eff. July 1, 2004; Laws 2010, c. 1, § 1;
Laws 2010, c. 455, § 2, eff. July 1, 2010.
§70-15-107. Expenses.
All expenses incident to the issuance of school district bonds,
including the expense of holding the bond election, may be paid from
the proceeds of such bonds.
Added by Laws 1971, c. 281, § 15-107, eff. July 2, 1971. Amended by
Laws 1974, c. 76, § 1, emerg. eff. April 19, 1974; Laws 1980, c. 217,
§ 6, eff. May 30, 1980.
§70-15-108. Investment in government bonds.
The proceeds of any school bonds or any portion thereof, or the
sinking fund for the payment of any school bonds, may be invested by
the issuing board in any type or series of United States Government
Bonds.
Added by Laws 1971, c. 281, § 15-108, eff. July 2, 1971.
§70-15-109. Bond issues of area school districts.
*+,-11'121#+,, .;))
Area school districts may, in accordance with the provisions of
Section 9B, Article X of the Oklahoma Constitution, issue bonds in
the same manner as bonds are issued by other school districts.
Added by Laws 1971, c. 281, § 15-109, eff. July 2, 1971.
§70-15-201. Definitions.
For the purposes of this act:
1. "School bonds" means bonds issued pursuant to the provisions
of Sections 15-101 through 15-109 of Title 70 of the Oklahoma
Statutes;
2. "Commissioners" means Commissioners of the Land Office of the
State of Oklahoma; and
3. "Fund" means permanent school fund for the support of common
schools of the State of Oklahoma.
Added by Laws 1994, c. 346, § 1, eff. Nov. 8, 1994.
§70-15-202. Guarantee of bonds issued.
On approval by the Commissioners, bonds issued pursuant to
Sections 15-101 through 15-109 of Title 70 of Oklahoma Statutes are
guaranteed by the corpus of the permanent school fund for the support
of common schools.
Added by Laws 1994, c. 346, § 2, eff. Nov. 8, 1994.
§70-15-203. Restriction on guarantee of bonds.
The Commissioners shall not approve bonds for guarantee if the
approval would result in the total amount of outstanding guaranteed
bonds to exceed an amount equal to twice the cost value or twice the
market value of the assets of the permanent school fund whichever is
lower, exclusive of real estate as calculated by the annual audit of
the Commissioners of the Land Office.
Added by Laws 1994, c. 346, § 3, eff. Nov. 8, 1994.
§70-15-204. Application by school districts for bond guarantee
program.
A school district seeking the guarantee of eligible bonds shall
apply to the Commissioners on an application which must include:
1. The name of the school district and the principal amount of
the bonds to be issued;
2. The maturity schedule, estimated interest rate and date of
the bonds; and
3. Any other information as deemed necessary and appropriate by
the Commissioners of the Land Office.
The application must be accompanied by a fee set by the
Commissioners in an amount to cover costs of administering the
guarantee program. The Commissioners and the State Bond Advisor
shall enter into an interagency agreement in order to administer
their responsibilities pursuant to the provisions of this act.
*+,-11'121#+,, .;))"
From the fees collected, the Commissioners shall enter into a
cooperative agreement with the State Bond Advisor to defray any
administrative costs of his office in carrying out the provisions of
this act.
Added by Laws 1994, c. 346, § 4, eff. Nov. 8, 1994.
§70-15-205. Duty of State Bond Advisor.
It shall be the duty of the State Bond Advisor to review the bond
applications and to advise the Commissioners of the validity of the
guarantee application.
Added by Laws 1994, c. 346, § 5, eff. Nov. 8, 1994.
§70-15-206. Requirements for districts applying for guarantee.
A. Any district applying to utilize the provisions of this act
for its bonded indebtedness shall:
1. Be certified to be in good standing and be accredited without
probation by the State Board of Education;
2. Verify to the Commissioners that the bond issue involved is
within any limitation provided by law;
3. Comply with such criteria or other requirements deemed
necessary by the Commissioners; and
4. Fully comply with all provisions of the rules promulgated by
the Commissioners pursuant to this act.
B. No guarantee of bonds shall be effective unless approved by a
majority of the Commissioners.
Added by Laws 1994, c. 346, § 6, eff. Nov. 8, 1994.
§70-15-207. Inability to pay on guaranteed bond - Notice.
Immediately following a determination that a school district will
be or is unable to pay maturing or matured principal or interest on a
guaranteed bond, but not later than the fifth business day before the
maturity date, the district shall notify the State Bond Advisor and
the Commissioners of the Land Office.
Added by Laws 1994, c. 346, § 7, eff. Nov. 8, 1994.
§70-15-208. Transfer of funds to pay maturing or matured bond -
Cancellation of bond - Reimbursement by school district.
A. Following receipt of notice, the Commissioners shall cause to
be transferred from the permanent school fund the necessary funding
to pay the maturing or matured principal or interest.
B. Immediately following receipt of the funds for payment of the
principal or interest, the district treasurer shall pay the amount
due and forward the canceled bond or coupon to the Commissioners of
the Land Office.
C. Following full reimbursement to the fund with interest, the
Commissioners shall forward the canceled bond to the school district
for which the payment was made.
*+,-11'121#+,, .;))
Added by Laws 1994, c. 346, § 8, eff. Nov. 8, 1994.
§70-15-209. No acceleration of remaining bonds due to default.
If a school district fails to pay principal or interest on a bond
guaranteed by the fund when it matures, other amounts not yet mature
are not accelerated and do not become due by virtue of the school
district default.
Added by Laws 1994, c. 346, § 9, eff. Nov. 8, 1994.
§70-15-210. Collection of deficient payments from school districts.
A. If the Commissioners make payment from the fund on behalf of
a school district, the Commissioners shall withhold from any trust
fund apportionment payable to the school district until the amount
paid, plus interest, is repaid in full or the Commissioners may
proceed to collect the deficient payments plus interest and
reasonable attorney fees as provided by Section 365.5 of Title 62 of
the Oklahoma Statutes. Monies collected from said school district
for deficient payments shall be forwarded to the Commissioners within
thirty (30) days of collection. In the determination of State Aid
pursuant to Section 18-200 of Title 70 of the Oklahoma Statutes the
State Apportionment component of the Foundation Program Income shall
be determined as if the school district had received all state
apportionment funds withheld pursuant to this section.
B. The amount withheld shall be deposited to the credit of the
permanent school fund.
C. Immediately following any payments from the fund on behalf of
a school district pursuant to this section, the Commissioners shall
notify the State Treasurer of the payment for purposes of taking any
action as is required by Section 8 of this act.
Added by Laws 1994, c. 346, § 10, eff. Nov. 8, 1994.
§70-15-211. Implementation.
The Commissioners of the Land Office shall adopt rules necessary
to implement the provisions of this act.
Added by Laws 1994, c. 346, § 11, eff. Nov. 8, 1994.
§70-16-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;)!
§70-16-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-6A. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;)!
§70-16-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-20. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-20a. Repealed by Laws 1957, p. 506, § 1.
§70-16-20b. Repealed by Laws 1957, p. 506, § 1.
§70-16-21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-22. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-23. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-16-24. Repealed by Laws 1961, p. 155, § 1.
§70-16-101. State Textbook Committee - Members - Qualifications -
Travel expenses - Terms.
There is hereby created the State Textbook Committee, which shall
be composed of thirteen (13) members appointed by the Governor with
the advice and consent of the Senate: two members from each
congressional district, two members from the state at large and one
member who shall be a lay citizen not having a teaching certificate
and having at least one child in the public schools of Oklahoma.
However, when congressional districts are redrawn, each member
appointed prior to July 1 of the year in which such modification
becomes effective shall complete the current term of office and
appointments made after July 1 of the year in which such modification
becomes effective shall be based on the redrawn districts.
Appointments made after July 1 of the year in which such modification
becomes effective shall be from any redrawn districts which are not
represented by two board members until such time as each of the
modified congressional districts is represented by two board members.
A majority of the twelve educator members shall be classroom
teachers. The regular terms of all members shall be for three (3)
years. Members shall not be eligible to succeed themselves. At no
time shall more than one member of the State Textbook Committee be an
employee of the same school district. Each educator member shall
have had not less than five (5) years' teaching or supervisory
experience in the public schools of Oklahoma at the time of
appointment, and shall be actively employed in the public schools of
Oklahoma during the term of service on said Committee. The State
*+,-11'121#+,, .;)!$
Superintendent of Public Instruction or a designated member of the
staff shall serve as Secretary of the Committee and vote only when
there is a tie vote in the membership of the Committee. Each member
shall receive necessary traveling expenses while in the performance
of duties pursuant to the State Travel Reimbursement Act.
The Committee may meet at the call of the State Superintendent of
Public Instruction at the State Capitol and elect by secret written
ballot a chair and vice-chair from its membership to serve for the
year. The terms for which new members from the congressional
districts are appointed shall be staggered by the Governor in making
appointments. The terms of four members shall expire each year. The
four new members appointed each year shall be certified in one of the
curriculum areas in which the textbooks will be adopted that ensuing
fiscal year.
Added by Laws 1971, c. 281, § 16-101, eff. July 2, 1971. Amended by
Laws 1976, c. 99, § 1, emerg. eff. May 11, 1976; Laws 1985, c. 178, §
54, operative July 1, 1985; Laws 1992, c. 364, § 9, emerg. eff. June
4, 1992; Laws 1993, c. 229, § 1, eff. July 1, 1993; Laws 2002, c.
375, § 18, eff. Nov. 5, 2002; Laws 2003, c. 229, § 5, emerg. eff. May
20, 2003.
§70-16-101.1. Lay citizen - Term.
The lay citizen appointed shall be appointed for a term of three
(3) years.
Laws 1976, c. 99, § 2, emerg. eff. May 11, 1976; Laws 1993, c. 229, §
2, eff. July 1, 1993.
§70-16-102. Meetings - Selection of textbooks.
A. The State Textbook Committee shall meet at the call of the
chairperson as often as necessary, with two (2) weeks' public notice,
to discharge its responsibilities. If necessary, not later than the
first day of December of each year the State Textbook Committee shall
meet at the call of the chairperson at the State Capitol and select
textbooks for subjects taught in the public schools of the state up
to and including the twelfth grade, which selections shall be for not
more than six (6) years for every textbook.
B. The Committee may suspend any currently pending selection
process of textbooks and may extend by at least two (2) years the
six-year adoption period of those textbooks currently on the state
adopted list, for the purpose of delaying for two (2) years the six-
year adoption cycle of subjects.
C. "Textbooks", as used in Sections 16-101 through 16-124 of
this title, means instructional materials that are designed for use
by pupils as a learning resource. Instructional materials may be
printed or nonprinted and may include textbooks, technology-based and
other educational materials.
*+,-11'121#+,, .;)!(
D. The Committee shall select textbooks or series of textbooks
for each subject, which are in its judgment satisfactory. The State
Textbook Committee may determine that unusual or extraordinary
circumstances exist in a particular subject area during the period
for which textbooks have been selected for that subject area.
Unusual or extraordinary circumstances shall include but not be
limited to significant new techniques of teaching in a particular
subject area or significant new findings or discoveries in a
particular subject area. Upon a determination by three-fourths (3/4)
of the members of the State Textbook Committee that unusual or
extraordinary circumstances exist in a particular subject area, the
Committee may select one or more textbooks in that subject area for
the remainder of the adoption period.
E. Five or more district boards of education may petition the
State Board of Education to add a book or series of textbooks to the
approved list selected by the State Textbook Committee.
The State Board of Education shall promulgate rules to implement
the method and time frame for handling the petitions in the most
expeditious manner.
Added by Laws 1971, c. 281, § 16-102, eff. July 2, 1971. Amended by
Laws 1976, c. 99, § 3, emerg. eff. May 11, 1976; Laws 1977, c. 229, §
1, emerg. eff. June 14, 1977; Laws 1979, c. 94, § 1, emerg. eff.
April 23, 1979; Laws 1984, c. 241, § 4, eff. Nov. 1, 1984; Laws 1991,
c. 280, § 69, eff. July 1, 1991; Laws 1993, c. 229, § 3, eff. July 1,
1993; Laws 2010, c. 457, § 5; Laws 2011, c. 49, § 1, emerg. eff.
April 13, 2011; Laws 2016, c. 75, § 1, eff. July 1, 2016.
§70-16-102.1. Public hearing on proposed textbooks.
The State Textbook Committee shall conduct a public hearing in
the first two (2) weeks of October each year for the purpose of
gathering public testimony concerning the various textbooks being
considered for adoption by the Committee. Any person wishing to be
heard at the public hearing shall register with the secretary of the
State Textbook Committee at least two (2) weeks prior to the date set
for the public hearing. The registration shall be accompanied by a
typed summary detailing the nature of the testimony which will be
presented at the public hearing. All testimony shall pertain to a
specific textbook or textbooks for which the State Textbook Committee
has received bids. The time and number of people testifying for any
one organization may be limited by the State Textbook Committee. The
Committee, in its discretion, may conduct additional public hearings.
The date of the public hearing shall be set by the Committee when the
advertisement for bids for books is issued.
Added by Laws 1984, c. 241, § 1, eff. Nov. 1, 1984. Amended by Laws
1993, c. 229, § 4, eff. July 1, 1993.
§70-16-103. Advertisement - Sealed bids - Display of textbooks.
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The State Textbook Committee shall advertise for books in all
basic subjects in such manner and for such time as it may deem best.
Each year the Committee shall advertise for sealed bids from
publishers of textbooks for furnishing textbooks for the public
schools of this state. Each bid shall state specifically and clearly
the price at which each book will be furnished FOB the bidder's
depository or delivered to any ordering school district in this
state, and the price the books may be sold for through local retail
book dealers, and shall be accompanied by a sample copy of each book
offered in such bid, together with any teacher edition or teacher
aids used with such book. A copy of each textbook for which a bid
has been accepted by the Committee shall be displayed in at least one
library or institution of higher education within each Congressional
District in this state. The facility shall have free public access.
The textbooks shall be displayed from the time they are accepted by
the Committee until their final selection or rejection. A record of
all the books delivered direct to any school district shall be
immediately furnished by the shipper and the school district to the
State Board of Education. Each bid shall be accompanied by a sworn
statement specifically:
1. Stating whether the publisher is the owner of any interest or
share in any other textbook publishing houses and, if so, giving the
names and addresses thereof;
2. Showing whether any member of the Committee is in any manner
interested, directly or indirectly, in such person, firm, or
corporation submitting such bid; and
3. Showing the name and address of every committee, public
official, or individual in this state who has been furnished, within
the preceding twelve (12) months, any copy of the textbook or
textbooks or any edition thereof included in the bid, together with
the numbers and titles thereof furnished to each recipient.
If the fact shall be disclosed that any member of the Committee,
State Textbook Director, or any employee of that office is interested
in the bidder, it shall work a disqualification of such member, and
the member shall not be permitted to serve on the Committee, and the
bidder shall be disqualified. If it shall be disclosed that such
sworn statement does not accurately and completely give the
information required, the State Textbook Committee shall disregard
the bid. Oklahoma authors of school textbooks shall be permitted to
receive the customary royalty, regardless of employment.
Added by Laws 1971, c. 281, § 16-103, eff. July 2, 1971. Amended by
Laws 1984, c. 241, § 2, eff. Nov. 1, 1984; Laws 1993, c. 229, § 5,
eff. July 1, 1993; Laws 1997, c. 341, § 2, emerg. eff. June 9, 1997.
§70-16-104. Delivery of bids - Examination and investigation -
Consultants - Adoption of textbook.
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All bids shall be sealed and delivered to the secretary of the
State Textbook Committee, to be delivered by the secretary to the
Committee for the purpose of considering the bids. The Committee
shall meet prior to August 15 of each year at the time and place
mentioned in the advertisement, to open and examine the sealed bids
received, and make a full and complete investigation of all books and
the bids accompanying the same. The Committee may use regular
classroom teachers as consultants. The books shall be selected after
careful consideration of all the books presented, and the books
selected for adoption shall be those which, in the opinion of the
Committee, are best suited for the public schools in this state. The
Committee shall give consideration to any legislative resolution
concerning textbook content and the testimony received at public
hearings when making the selections. The Committee shall proceed
without delay to select, for use of the public schools of this state,
textbooks as specified in this article and shall notify publishers to
whom contracts are awarded. If the State Textbook Committee
determines that significant inaccuracies exist in the contents of a
textbook which has been bid or that information contained in the
textbook is not current, the Committee may adopt the book on a
provisional basis. Final adoption of the textbook and use of
textbook money shall be contingent upon the publisher providing a
modified or revised textbook which is acceptable by the State
Textbook Committee.
Laws 1971, c. 281, § 16-104, eff. July 2, 1971; Laws 1984, c. 241, §
3, eff. Nov. 1, 1984; Laws 1993, c. 229, § 6, eff. July 1, 1993.
§70-16-105. Repealed by Laws 1993, c. 229, § 22, eff. July 1, 1993.
§70-16-106. Publishers' contracts - Prices - Reduction - Term of
contract - Braille versions.
A. All contracts with publishers shall be signed by the
chairperson and secretary of the State Textbook Committee on behalf
of the state. Each contract shall stipulate the price at which each
textbook will be sold to the State of Oklahoma, and that all copies
supplied to the State of Oklahoma will be equal to or better than the
official copy filed with the secretary of the Committee. The State
Textbook Committee may approve the substitution of a later edition in
lieu of the textbook originally selected. The publisher shall
stipulate in the contract that:
1. The price for which the textbook is to be furnished will be
the lowest at which the same textbook will be sold or offered for
sale for the purpose of securing a state or local selection or
adoption elsewhere in the United States during the six (6) months
prior to the date of the execution of the contract;
2. It will reduce the contract price of the textbook, if the
price of the same textbook is reduced below such contract price
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elsewhere in the United States, and that it will file with the
secretary of the Committee a sworn statement of such reduction made
elsewhere;
3. If it prepares any supplementary or abridged or special
editions of any of the textbooks, and shall sell such editions
elsewhere at a lower price than that stipulated in the contract, it
will file copies of any and all such editions, together with the
prices thereof, with the secretary of the Committee;
4. It has not entered into any understanding, agreement or
combination to control the prices or restrict competition in the sale
of textbooks;
5. It will furnish the textbooks to the State of Oklahoma during
the term of the contract in such amounts as may be required; and
6. It will furnish for a like period in lieu of the
corresponding textbooks under contract any other books listed in any
annual statement subsequently filed by it during the term of the
contract to any school district at the lowest new prices contained in
such statement, and that it will maintain said prices uniformly
through the state.
B. Textbooks selected by the State Textbook Committee may be
purchased by school districts at the prices for which contracts have
been awarded, pending the effective dates of the contracts.
C. The chairperson and secretary of the State Textbook
Committee, on the advice and consent of the attorney for the State
Department of Education, may, with the consent of the holders of
state textbook contracts, change any contract to conform with the
provisions of Section 16-102 of this title.
D. As requested by a school district or the Oklahoma School for
the Blind, all publishers who enter into contracts with the State
Textbook Committee shall be required to furnish the Committee with
electronic files in a file format from which Braille and other
accessible versions of the instructional materials can be produced.
The file format in which electronic instructional materials files are
provided to the Committee shall be in a format prescribed by federal
law or regulations promulgated by the United States Department of
Education which requires national standards for electronic files to
be used for production of accessible instructional materials. In the
absence of a federal law or regulation establishing a national
standard, a file format standard shall be prescribed by the State
Department of Rehabilitation Services.
Added by Laws 1971, c. 281, § 16-106, eff. July 2, 1971. Amended by
Laws 1976, c. 99, § 5, emerg. eff. May 11, 1976; Laws 1993, c. 229, §
7, eff. July 1, 1993; Laws 1994, c. 74, § 1, eff. July 1, 1994; Laws
1997, c. 97, § 1, eff. July 1, 1997; Laws 2004, c. 238, § 1, eff.
July 1, 2004.
§70-16-107. Revised editions - Late adoptions.
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A. In the event that a publisher whose bid has been accepted
shall publish at any time before the expiration of the adoption
period a new or revised edition of the adopted textbook, the State
Textbook Committee may require such publisher to substitute such new
or revised edition for the adopted edition at a price to be mutually
agreed upon by the publisher and the State Textbook Committee, but
not in excess of the lowest price at which the same textbook will be
sold or offered for sale for the purpose of securing a state or local
selection or adoption elsewhere in the United States during the
twelve (12) months preceding the date of submitting such new or
revised edition. A contract shall be made for such new or revised
edition as for any other selection. Each bidder shall expressly
agree to this provision as a part of the bid and the contract awarded
if successful.
B. In the event that a publisher shall publish a textbook for a
subject during the period for which adoptions for that subject have
not expired, such publisher may submit a bid for such textbook at the
time and in the manner other bids are submitted. The State Textbook
Committee may adopt such book for the balance of the adoption period
and thereafter local textbook committees may adopt such book.
Laws 1971, c. 281, § 16-107, eff. July 2, 1971; Laws 1993, c. 229, §
8, eff. July 1, 1993.
§70-16-108. Surety bond - Approval of contract - Recoveries.
The bidder to whom one or more contracts may be awarded shall
make and execute a good and sufficient surety bond, payable to the
State of Oklahoma, in a sum not less than Two Thousand Dollars
($2,000.00), nor more than Ten Thousand Dollars ($10,000.00), to be
fixed by the Committee, conditioned that the contractor shall perform
all of the conditions of the contract. Prior to acceptance, the
contract shall be approved by an attorney for the State Department of
Education and shall be in conformity with, and subject to, all of the
provisions of this article. The bond shall not be exhausted by a
single recovery thereon but may be sued upon until the full amount
thereof is recovered; and the Committee may, after twenty (20) days'
notice, require a new bond to be given, and in the event the
contractor shall fail to furnish such new bond, such contract may at
the option of the Committee be forfeited.
Laws 1971, c. 281, § 16-108, eff. July 2, 1971; Laws 1993, c. 229, §
9, eff. July 1, 1993.
§70-16-109. Right to reject bids - Failure to secure textbooks.
The State Textbook Committee shall have and reserve the right to
reject any and all bids, if said Committee be of the opinion that any
or all bids should, for any reason, be rejected; and in case it
fails, from among the proposals submitted, to select sufficient books
upon any of the branches of study provided for herein, it may
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advertise for sealed bids under the same terms as before, and proceed
in its investigation in all respects as it did in the first instance.
Laws 1971, c. 281, § 16-109, eff. July 2, 1971.
§70-16-110. List of textbooks.
As soon as any contract is entered into for the furnishing of
textbooks for use in the public schools of the state, the secretary
of the State Textbook Committee shall send a list of the textbooks
selected by the State Textbook Committee to every superintendent of
schools and local textbook committee in the state, which list shall
show the respective prices of such textbooks and contain such other
information as the secretary shall deem advisable. The secretary
shall annually publish and distribute a list of all textbooks that
have been selected and that are then in force.
Laws 1971, c. 281, § 16-110, eff. July 2, 1971; Laws 1993, c. 239, §
40, eff. July 1, 1993; Laws 1993, c. 360, § 9, eff. July 1, 1993.
NOTE: Laws 1993, c. 229, § 10 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§70-16-111. Local textbook committee - Examination copies, teacher
editions and software copies - Adoptions of textbooks - Textbook
orders.
A. Except as otherwise provided for in subsection E of this
section, the superintendent of schools of each school district in the
state shall appoint a local textbook committee consisting of not
fewer than three nor more than nine members. Each committee shall
have one lay member, with the remainder of the members being teachers
employed in the public schools of the district, a majority of whom
shall be classroom teachers. The superintendent of schools or a
designee who shall be a principal or a curriculum specialist shall
serve as chairperson of the local textbook committee.
B. Upon the written request of any duly appointed local textbook
coordinator, the publisher of a textbook selected by the State
Textbook Committee shall furnish at least one examination copy of the
textbook and the teacher edition of the textbook, if one is
published, and a copy of software for purposes of complete
demonstration and review, if available, to the school district so
that the local textbook committee may examine any or all new
adoptions in the subjects taught or to be taught in schools in the
district.
C. Except as otherwise provided for in subsection E of this
section, on or before a date to be fixed by the State Board of
Education, each local textbook committee shall adopt textbooks from
the multiple list selected by the State Textbook Committee in a
manner as shall be prescribed by the State Board of Education. Each
local textbook committee shall serve without compensation and shall
cease to exist when local adoptions have been completed and shall be
*+,-11'121#+,, .;)!
replaced by another local textbook committee appointed in the same
manner as provided for in this section.
D. Except as otherwise provided for in subsection E of this
section, on or before a date to be fixed by the State Board of
Education, the superintendent of each school district shall submit to
the State Board of Education a textbook plan outlining the estimated
number of textbooks needed by the school district and the total
amount of money to be expended by the district for textbooks
including the allocated funds and any additional supplemental funds
to be expended. The superintendent or textbook coordinator appointed
by the superintendent, shall place orders from the proper depository
or depositories for all of the textbooks needed as outlined in the
textbook plan by the district for the ensuing year. The
superintendent of a school district or textbook coordinator may order
any textbooks placed on the official multiple textbook list. If the
order exceeds the allocation for each school district as provided in
Section 16-114a of this title any additional funds expended shall be
reported on the statement of expenditures for the district.
E. 1. If a school district makes the election as provided for
in subsection B of Section 16-114a of this title, the district shall
not be required to appoint a local textbook committee, adopt
textbooks, submit a textbook plan, or expend money on the purchase of
textbooks during any fiscal year as provided for in this subsection.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during the fiscal year which begins on the July 1
immediately succeeding the legislative session during which the
measure appropriating monies to the State Board of Education for the
financial support of public schools is enacted as law and such
appropriation amount is at least Fifty Million Dollars
($50,000,000.00) greater than the amount of money appropriated to the
State Board of Education for the financial support of public schools
for the fiscal year ending June 30, 2019, pursuant to Chapter 146,
O.S.L. 2018. Provided, the Fifty Million Dollars ($50,000,000.00)
shall not include any amount of appropriations dedicated for support
or certified employee salary increases.
Added by Laws 1971, c. 281, § 16-111, eff. July 2, 1971. Amended by
Laws 1988, c. 64, § 1, operative July 1, 1988; Laws 1989, c. 380, §
1, operative July 1, 1989; Laws 1991, c. 3, § 19, eff. July 1, 1991;
Laws 1993, c. 239, § 41, eff. July 1, 1993; Laws 1993, c. 360, § 10,
eff. July 1, 1993; Laws 1997, c. 341, § 3, emerg. eff. June 9, 1997;
Laws 2010, c. 457, § 6; Laws 2012, c. 236, § 3, eff. July 1, 2012;
Laws 2014, c. 311, § 4, eff. July 1, 2014; Laws 2016, c. 253, § 3,
eff. July 1, 2016; Laws 2019, c. 488, § 3, eff. July 1, 2019.
NOTE: Laws 1993, c. 229, § 11 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§70-16-111.1. Supplementary textbooks and materials.
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The funds allocated for textbooks in Section 16-114a of this
title may be used by a school district for supplementary textbooks
and other instructional materials other than those selected and
listed by the State Textbook Committee.
Laws 1974, c. 124, § 1, emerg. eff. May 3, 1974; Laws 1976, c. 99, §
4, emerg. eff. May 11, 1976; Laws 1993, c. 229, § 12, eff. July 1,
1993; Laws 2011, c. 367, § 4.
§70-16-112. Repealed by Laws 1993, c. 229, § 22, eff. July 1, 1993.
§70-16-113. Costs of textbooks - How paid - Repair service.
A. All monies allocated for the purchase of textbooks shall be
sent directly to the school districts. The treasurer of each school
district shall enter the allocated textbook amount for deposit in the
appropriate account and the reporting of financial transactions
involving textbooks shall be made according to the Oklahoma Cost
Accounting System, as adopted by the State Board of Education
pursuant to Section 5-135 of this title. The price to be paid for
instructional materials on the state textbook list shall be no
greater than that stipulated in the contract with the publisher. The
State Board of Education shall approve purchase order forms to be
used by school districts to order books from the depository. All
books ordered shall be delivered to the school district.
Depositories are authorized to confer with individual school
districts on plans to reduce the number of textbooks returned by
school districts to depositories and to confer on restocking fees
associated with such returns.
B. The State Board of Education shall provide sufficient office
space, equipment, records and supplies necessary for a proper
performance of the duties and functions vested in it and the State
Textbook Committee, and the State Board of Education shall appoint
and fix the compensation and duties of necessary personnel to assist
the State Board of Education in performing its said duties and
functions.
C. The State Board of Education shall not reserve any funds from
appropriations made for the purchase of textbooks for rebinding or
for freight or transportation costs. Each school district shall be
responsible for any cost incurred by that district for rebinding
services or freight or transportation costs.
Added by Laws 1971, c. 281, § 16-113, eff. July 2, 1971. Amended by
Laws 1993, c. 229, § 13, eff. July 1, 1993; Laws 1997, c. 341, § 4,
emerg. eff. June 9, 1997.
§70-16-114. Repealed by Laws 2002, c. 2, § 24, emerg. eff. Feb. 15,
2002.
§70-16-114.1. Allocation of funds for the purchase of textbooks.
*+,-11'121#+,, .;)
The funds appropriated for the purchase of textbooks shall be
apportioned by the State Board of Education to each school district
pursuant to the provisions of Sections 16-101 through 16-124 of this
title. Upon application from a local school district, the State
Board of Education may allocate funds appropriated for the purchase
of textbooks to be used for the purchase of special education
textbooks or other instructional materials for those students
enrolled in special education programs. Approval of funds shall be
based on the following formula:
No funds shall be provided for students attending special
education classes less than two (2) hours per day. Those
attending two (2) hours or more per day but less than four
(4) hours shall receive a one-half (1/2) allocation. Those
attending special education classes for four (4) or more
hours per day shall receive a full allocation.
Added by Laws 1995, c. 305, § 16, eff. July 1, 1995.
§70-16-114a. Textbook allocation and adjustment
A. Based upon legislative appropriations, the State Board of
Education shall determine the textbook allocation to be distributed
to each school district in the state. Each year the textbook
allocation for each school district shall be calculated and
distributed in July and adjusted in December. The initial allocation
shall be calculated based on the audited end-of-year average daily
attendance of the preceding school year multiplied by Fifty-five
Dollars ($55.00). The initial allocation shall be calculated and
distributed to each school district in July. The December adjustment
shall be calculated by multiplying the audited first nine (9) weeks'
average daily attendance for that current school year by Fifty-five
Dollars ($55.00) and subtracting from that amount the amount of the
initial allocation. The adjustment shall be calculated in December
and distributed to each eligible school district no later than
January 15. A school district shall receive an adjustment only if
the adjustment figure as calculated in this section is greater than
zero. The State Department of Education shall retain from the total
amount appropriated for textbooks not less than one percent (1%) of
the total amount to be used for the purpose of making the
adjustments. If the amount appropriated, including the retained
amount, is not sufficient to fully fund the adjusted allocation, each
school district eligible for an adjustment shall receive a
proportionate reduction in funding. Any unused portion of the value
of textbooks allowed to a school district shall be cumulative and may
be carried over by the school district to subsequent fiscal years, in
addition to the allocation it is entitled to receive during that
fiscal year.
B. A school district seeking flexibility in the use of state-
appropriated funding allocated pursuant to this section for textbooks
*+,-11'121#+,, .;)$
shall be required to demonstrate to the State Board of Education that
the textbooks and instructional materials used by the district for
the subject areas being considered in the current textbook adoption
cycle are current and appropriate for student learning. Subject to
the provisions of subsection E of Section 16-111 of this title, a
school district that has received textbook funding flexibility
approval from the Board may elect to expend any monies allocated
pursuant to this section for textbooks, including any monies carried
over as authorized pursuant to subsection A of this section, for any
purpose related to the support and maintenance of the school district
as determined by the board of education of the school district.
C. All textbooks distributed to a school district that have been
destroyed by fire or other hazard shall be replaced by the State
Board of Education. The total cost of all additional textbooks
delivered to school districts to replace those destroyed by fire or
other hazard shall not exceed, for the entire state in any fiscal
year, the aggregate sum of One Hundred Thousand Dollars
($100,000.00), which sum shall be reserved for that purpose from any
appropriation made to carry out the provision of this section for any
fiscal year.
Added by Laws 2002, c. 2, § 7, emerg. eff. Feb. 15, 2002. Amended by
Laws 2010, c. 457, § 7; Laws 2012, c. 236, § 4, eff. July 1, 2012;
Laws 2014, c. 311, § 5, eff. July 1, 2014; Laws 2016, c. 253, § 4,
eff. July 1, 2016.
§70-16-115. Contractors - Book depositories - Insufficient stock or
supply.
All contractors shall establish and maintain a suitable and
convenient depository or depositories in the State of Oklahoma where
a stock of their books to supply all immediate demands shall be kept.
Said depository or depositories may be operated jointly with other
contractors. Each contractor shall maintain at the depository a
sufficient supply of textbooks for individuals or boards of education
desiring to purchase the same and shall be required to sell such
books to any individual or board of education at the same price at
which the textbook is sold to the State of Oklahoma plus cost of
transportation to the individual or board of education purchasing the
textbook. Upon the failure of any contractor to carry a sufficient
stock of books at the depository to take care of all immediate
demands of the State of Oklahoma and others requesting the same, or
to furnish the textbooks as required by the contract, the State Board
of Education shall have power to recover on the bond given by such
contractor for the full value of the books not furnished as required
by the contract and terminate said contract.
Laws 1971, c. 281, § 16-115, eff. July 2, 1971; Laws 1993, c. 239, §
42, eff. July 1, 1993; Laws 1993, c. 360, § 11, eff. July 1, 1993.
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NOTE: Laws 1993, c. 229, § 14 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§70-16-116. Repealed by Laws 1993, c. 229, § 22, eff. July 1, 1993.
§70-16-117. List of names of agents and representatives of
publishers.
Each person, firm or corporation offering textbooks for sale in
the State of Oklahoma shall list with the secretary of the State
Textbook Committee the names and addresses of its agents or
representatives which shall be a matter of public record in the
office of the secretary of the State Textbook Committee.
Laws 1971, c. 281, § 16-117, eff. July 2, 1971; Laws 1993, c. 229, §
15, eff. July 1, 1993.
§70-16-118. Rules for issuance of textbooks.
The State Board of Education shall adopt rules for the issuance
of textbooks to school children and for the preservation of such
textbooks, and all rules it deems necessary to carry out its duties
and functions, and all such rules shall apply alike to all school
districts. It shall prescribe the form of all reports and
applications, and superintendents of schools, and boards of education
shall be required to make such reports fully and completely at the
time and in the manner prescribed by the State Board of Education.
The State Board of Education shall keep an exact account of the cost
of books distributed to each school district, together with the
proper proportion of transportation and accounting charges.
The State Textbook Committee shall also have the power to adopt
such rules as it deems necessary to enable it to perform its
functions and duties.
Laws 1971, c. 281, § 16-118, eff. July 2, 1971; Laws 1993, c. 229, §
16, eff. July 1, 1993.
§70-16-119. Sample textbooks.
All advance or sample copies of textbooks or any edition thereof
furnished to any member of the State Textbook Committee, or to any
individual for the purpose of obtaining a selection of the textbook
by the State Textbook Committee, shall not be sold by the recipient
thereof, but shall be disposed of as may be prescribed by the rules
of the State Board of Education. Any advance or sample textbook or
any edition thereof furnished to a member of a local textbook
committee, or to any school official or individual for the purpose of
obtaining a local adoption of the textbook, may be returned to the
publisher for credit if the cost of such book was charged against the
value of textbooks allowed such school district. Publishers shall
pay the cost of shipment on returned samples. All publishers having
contracts to furnish textbooks to the State of Oklahoma shall be
*+,-11'121#+,, .;)
required to file with the State Board of Education, not later than
the first day of January and the first day of July of each year
following the dates of their respective contracts, a sworn statement
showing the names and addresses of all persons to whom they have
furnished, during the preceding six (6) months, any advance or sample
copies of such textbooks, or any edition thereof, together with the
numbers and titles of such textbooks furnished to each such
recipient, and a failure to do so, or to give accurate and complete
information concerning the same, shall authorize the State Board of
Education to cancel the contract of such publisher.
Laws 1971, c. 281, § 16-119, eff. July 2, 1971; Laws 1993, c. 229, §
17, eff. July 1, 1993.
§70-16-120. Prior contracts.
All legally executed contracts and extensions thereof now
existing between any person, firm or corporation and the State of
Oklahoma for furnishing textbooks on the basis of an exclusive
adoption shall remain in full force and effect until such contract or
extension thereof has expired, and the State Board of Education shall
purchase and distribute such textbooks.
Added by Laws 1971, c. 281, § 16-120, eff. July 2, 1971.
§70-16-121. Free textbooks - Ownership - Return or payment therefor.
A. All textbooks adopted, purchased and distributed to school
districts shall be furnished free of cost to the school children of
such districts and shall be owned by such districts and each district
shall mark each textbook with an appropriate number or other
identification as deemed necessary to maintain proper records
thereof. Each district board of education shall ensure that all
textbooks necessary for completion of assigned course work are
routinely available for every child enrolled in the schools of the
district for the child's personal use in a manner that will enable
the child to complete assigned course work. The State Board of
Education shall maintain a replacement program so that all textbooks
for student use are in satisfactory condition. Nothing herein shall
prevent the purchase, from local school district funds, of any
adopted textbook or any additional and supplementary textbooks if the
board of education of any school district deems it necessary to make
such purchases in order to establish and maintain the highest
standards of excellence of its schools.
B. 1. Each school child who has been issued a set of textbooks
pursuant to this section, and the parents or legal guardian of such
child shall be responsible to the school district for the return of
or payment for such textbook issued to the child which is not
returned to the school.
2. The State Board of Education is authorized to promulgate
rules requiring the return of or payment for any textbook used by a
*+,-11'121#+,, .;))
school child which is not returned to the school. Such rules shall
provide for certain exceptions to such policies. Local boards shall
include considerations for the inability to pay for the textbook, and
reasons for the nonreturn of the textbook. A local school board is
authorized to withhold transcripts, or other records of the school
relating to any school child who fails to return a textbook or make
payment for the textbook if not returned. For the purpose of this
subsection, the term "transcript" shall include any record of a grade
or grades given to a student by a teacher.
3. The provisions of this subsection shall not authorize the
State Board of Education to prevent any school child from actually
receiving a grade he is otherwise entitled to for completion of a
course of study, from graduating upon completion of the requirements,
or from obtaining any records or information supplied to the school
or otherwise owned by the child.
Laws 1971, c. 281, § 16-121, eff. July 2, 1971; Laws 1985, c. 83, §
1, emerg. eff. May 23, 1985; Laws 1993, c. 229, § 18, eff. July 1,
1993.
§70-16-122. Bribes - Punishment.
Any person who directly or indirectly promises or offers to give,
or causes to be promised, offered or given, any money, books, bribe,
present or reward or any valuable thing whatsoever to any member of
the State Board of Education, the State Textbook Committee, or a
local textbook committee, or any member of a board of education,
teacher or other person with the intent to influence a decision on
any question, matter, cause or proceeding in the selection or
adoption of any textbooks, or series of textbooks, upon conviction,
shall be guilty of a felony. Any teacher in the public schools of
Oklahoma, any superintendent of a school district or any employee of
a school district who shall in any way be interested in the profits,
proceeds or sale of any school textbook used in the public schools
under such person's charge, or with which such person is connected in
any official capacity, upon conviction, shall be guilty of a
misdemeanor, and shall be punished by a fine of not less than Fifty
Dollars ($50.00) and not more than Two Hundred Dollars ($200.00), and
shall in addition thereto forfeit the office or position.
Added by Laws 1971, c. 281, § 16-122, eff. July 2, 1971. Amended by
Laws 1993, c. 239, § 43, eff. July 1, 1993; Laws 1993, c. 360, § 12,
eff. July 1, 1993; Laws 1997, c. 133, § 573, eff. July 1, 1998.
NOTE: Laws 1993, c. 229, § 19 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§70-16-123. Soliciting or receiving bribes - Punishment.
Any member of the State Board of Education and any member of the
State Textbook Committee who directly or indirectly solicits,
receives or agrees to receive any money, goods, bribe, present,
*+,-11'121#+,, .;)!
reward or any valuable thing whatsoever with the intent, and which
will have the effect, to influence a decision on any question,
matter, cause or proceeding in the selection or adoption of any
textbook or series of textbooks provided for in this article, upon
conviction, shall be guilty of a felony.
Any superintendent of schools, any member of a board of
education, and any member of a local textbook committee who directly
or indirectly solicits, receives or agrees to receive any money,
goods, bribe, present, reward or any valuable thing whatsoever with
the intent and which will have the effect to influence a decision on
any question, matter, cause or proceeding in the selection or
adoption of any textbook or series of textbooks, upon conviction,
shall be guilty of a misdemeanor, and shall be punished by a fine of
not to exceed Five Hundred Dollars ($500.00), or by imprisonment in
the county jail for a term of not to exceed six (6) months, or both
such fine and imprisonment.
Added by Laws 1971, c. 281, § 16-123, eff. July 2, 1971. Amended by
Laws 1993, c. 239, § 44, eff. July 1, 1993; Laws 1993, c. 360, § 13,
eff. July 1, 1993; Laws 1997, c. 133, § 574, eff. July 1, 1998.
NOTE: Laws 1993, c. 229, § 20 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§70-16-124. Violations of act - Punishment.
Any person, firm or corporation that violates any of the
provisions of this article, or any of the rules of the State Board of
Education or the State Textbook Committee adopted pursuant to the
provisions of this article, the penalty for violation thereof not
otherwise being provided herein, upon conviction, shall be guilty of
a misdemeanor and shall be punished by a fine of not less than One
Hundred Dollars ($100.00) and not more than Five Hundred Dollars
($500.00), or by imprisonment in the county jail for not less than
ninety (90) days and not more than one (1) year, or by both such fine
and imprisonment. Any public official or public employee violating
any of the provisions of this article or any of such rules shall be
subject to the foregoing penalties and in addition thereto shall
forfeit the position or office. Any officer or employee of the State
Board of Education or of the State Textbook Committee who knowingly
or willingly apportions or disburses any money appropriated to carry
out the provisions hereof, contrary to the provisions hereof, shall
be subject to the foregoing penalties and in addition thereto shall
forfeit the office or position.
Laws 1971, c. 281, § 16-124, eff. July 2, 1971; Laws 1993, c. 229, §
21, eff. July 1, 1993.
§70-17-1. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
*+,-11'121#+,, .;)
§70-17-2. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-3. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-4. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-5. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-6. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-7. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-8. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-9. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-10. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-11. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-12. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-13. Repealed by Laws 1961, p. 555, § 1.
§70-17-14. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-15. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,
1969.
§70-17-101. Definitions.
The following words and phrases as used in this act, unless a
different meaning is clearly required by the context, shall have the
following meanings:
(1) "Retirement system" shall mean the Teachers' Retirement
System of Oklahoma, as defined in Section 17-102 of this title.
*+,-11'121#+,, .;)"
(2) "Public school" shall mean a school district, a state
college or university, the State Board of Education, the State Board
of Career and Technology Education and any other state educational
entity conducted within the state supported wholly or partly by
public funds and operating under the authority and supervision of a
legally constituted board or agency having authority and
responsibility for any function of public education. "Public school"
shall also mean a tuition free, nonprofit alternative school of
choice that provides education, therapeutic counseling and outreach
programs which is aligned with a school district and which receives
grant funds from governmental sources.
(3) "Classified personnel" shall mean any teacher, principal,
superintendent, supervisor, administrator, librarian, certified or
registered nurse, college professor, or college president whose
salary is paid wholly or in part from public funds. An employee of
any state department, board, board of regents or board of trustees,
who is in a supervisory or an administrative position, the function
of which is primarily devoted to public education, shall be
considered classified personnel under the meaning of this act, at the
discretion of the Board of Trustees of the Teachers' Retirement
System. The term "teacher" shall also include instructors and
counselors employed by the Department of Corrections and holding
valid teaching certificates issued by the State Department of
Education. Provided, that a person employed by the Department of
Corrections as an instructor or counselor shall have been actively
engaged in the teaching profession for a period of not less than
three (3) years prior to employment to be eligible to participate in
the Oklahoma Teachers' Retirement System. The Department of
Corrections shall contribute the employer's share to the Oklahoma
Teachers' Retirement System.
(4) "Nonclassified optional personnel" shall include cooks,
janitors, maintenance personnel not in a supervisory capacity, bus
drivers, noncertified or nonregistered nurses, noncertified
librarians, and clerical employees of the public schools, state
colleges, universities or any state department, board, board of
regents or board of trustees, the functions of which are primarily
devoted to public education and whose salaries are paid wholly or in
part from public funds.
(5) "Employer" shall mean the state and any of its designated
agents or agencies with responsibility and authority for public
education, such as boards of education of elementary and independent
school districts, boards of regents, boards of control or any other
agency of and within the state by which a person may be employed for
service in public education. "Employer" shall also mean the board of
directors of a tuition free, nonprofit alternative school of choice
that provides education, therapeutic counseling and outreach programs
*+,-11'121#+,, .;)
which is aligned with a school district and which receives grant
funds from governmental sources.
(6) "Member" shall mean any teacher or other employee included
in the membership of the system as provided in Section 17-103 of this
title.
(7) "Board of Trustees" shall mean the board provided for in
Section 17-106 of this title to administer the retirement system.
(8) "Service" shall mean service as a classified or
nonclassified optional employee in the public school system, or any
other service devoted primarily to public education in the state.
(9) "Prior service" shall mean service rendered prior to July 1,
1943.
(10) "Membership service" shall mean service as a member of the
classified or nonclassified personnel as defined in paragraphs (3)
and (4) of this section.
(11) "Creditable service" shall mean membership service plus any
prior service authorized under this title.
(12) "Annuitant" shall mean any person in receipt of a
retirement allowance as provided in this title.
(13) "Accumulated contributions" shall mean the sum of all
amounts deducted from the compensation of a member and credited to
his individual account in the Teacher Savings Fund, together with
interest as of June 30, 1968.
(14) "Earnable compensation" shall mean the full rate of the
compensation that would be payable to a member if he worked the full
normal working time.
(15) "Average salary":
(a) for those members who joined the System prior to July
1, 1992, shall mean the average of the salaries for the
three (3) years on which the highest contributions to
the Teachers' Retirement System was paid not to exceed
the maximum contribution level specified in Section 17-
116.2 of this title or the maximum compensation level
specified in subsection (28) of this section.
Provided, no member shall retire with an average salary
in excess of Twenty-five Thousand Dollars ($25,000.00)
unless the member has made the required election and
paid the required contributions on such salary in
excess of Twenty-five Thousand Dollars ($25,000.00), or
unless an eligible member fulfills the requirements of
Section 17-116.2C of this title in order to have pre-
cap removal service included in the retirement benefit
computation of the member using the regular annual
compensation of the member for any pre-cap removal year
of service so included subject to the maximum average
salary amount, and
*+,-11'121#+,, .;)"
(b) for those members who join the System after June 30,
1992, shall mean the average of the salaries for five
(5) consecutive years on which the highest contribution
to the Teachers' Retirement System was paid. Only
salary on which required contributions have been made
may be used in computing average salary.
(16) "Annuity" shall mean payments for life derived from the
"accumulated contributions" of a member. All annuities shall be
payable in equal monthly installments.
(17) "Pension" shall mean payments for life derived from money
provided by the employer. All pensions shall be payable in equal
monthly installments.
(18) "Monthly retirement allowance" is one-twelfth (1/12) of the
annual retirement allowance which shall be payable monthly.
(19) "Retirement Benefit Fund" shall mean the fund from which
all retirement benefits shall be paid based on such mortality tables
as shall be adopted by the Board of Trustees.
(20) "Actuary" shall mean a person especially skilled through
training and experience in financial calculation respecting the
expectancy and duration of life.
(21) "Actuarial equivalent" shall mean a benefit of equal value
when computed upon the basis of such mortality and other tables as
shall be adopted by the Board of Trustees.
(22) The masculine pronoun, whenever used, shall include the
feminine.
(23) "Actuarially determined cost" shall mean the single sum
which is actuarially equivalent in value to a specified pension
amount as determined on the basis of mortality and interest
assumptions adopted by the Board of Trustees.
(24) "Normal retirement age" means the earliest date upon which:
(a) a member reaches the age sixty-two (62) with respect to
a member whose first creditable service occurs prior to
November 1, 2011, unless the member reaches a normal
retirement date pursuant to subparagraph (c) or
subparagraph (d) of this paragraph, or
(b) a member reaches the age of sixty-five (65) with
respect to a member whose first creditable service
occurs on or after November 1, 2011, or with respect to
a member whose first creditable service occurs on or
after November 1, 2011, reaches a normal retirement
date pursuant to subparagraph (d) of this paragraph
having attained a minimum age of sixty (60) years, or
(c) the age at which the sum of a member's age and number
of years of creditable service total eighty (80), with
respect to a member whose first creditable service
occurred prior to July 1, 1992, and who does not reach
*+,-11'121#+,, .;)"
a normal retirement age pursuant to subparagraph (a) of
this paragraph, or
(d) the age at which the sum of a member's age and number
of years of creditable service total ninety (90), with
respect to a member whose first creditable service
occurred on or after July 1, 1992, but prior to
November 1, 2011, if the member does not reach a normal
retirement age pursuant to subparagraph (a) of this
paragraph.
(25) "Regular annual compensation" means salary plus fringe
benefits, excluding the flexible benefit allowance pursuant to
Section 26-105 of this title and for purposes pursuant to Section 17-
101 et seq. of this title. For purposes of this definition, regular
annual compensation shall include:
(a) salary which accrues on a regular basis in proportion
to the service performed, including payments for staff
development,
(b) amounts that would otherwise qualify as salary under
paragraph (a) of this subsection but are not received
directly by the member pursuant to a good faith,
voluntary written salary reduction agreement in order
to finance payments to a deferred compensation or tax-
sheltered annuity program or to finance benefit options
under a cafeteria plan qualifying under the United
States Internal Revenue Code, 26 U.S.C., Section 101 et
seq.,
(c) group health and disability insurance, group term life
insurance, annuities and pension plans, provided on a
periodic basis to all qualified employees of the
employer, which qualify as fringe benefits under the
United States Internal Revenue Code, and
(d) excluded from regular annual compensation are:
1. expense reimbursement payments,
2. office, vehicle, housing or other maintenance
allowances,
3. the flexible benefit allowance provided pursuant
to Section 26-105 of this title,
4. payment for unused vacation and sick leave,
5. any payment made for reason of termination or
retirement not specifically provided for in
subparagraphs (a) through (c) of this subsection,
6. maintenance or other nonmonetary compensation,
7. payment received as an independent contractor or
consultant, pursuant to a lawful contract which
complies with the requirements of subsection B of
Section 6-101.2 of this title,
*+,-11'121#+,, .;)"$
8. any benefit payments not made pursuant to a valid
employment agreement,
9. compensation for clinical related activity
performed in the University of Oklahoma Health
Sciences Center (OUHSC) Professional Practice Plan
or Oklahoma State University Center for Health
Sciences (OSU-CHS) Professional Practice Plan,
10. any other compensation not described in
subparagraphs (a) through (c) of this subsection.
(26) "Teacher" means classified personnel and nonclassified
optional personnel.
(27) "Active classroom teacher" means a person employed by a
school district to teach students specifically identified classes for
specifically identified subjects during the course of a semester, and
who holds a valid certificate or license issued by and in accordance
with the rules and regulations of the State Board of Education.
(28) "Maximum compensation level" shall, except as otherwise
authorized pursuant to the provisions of Section 17-116.2C of this
title, mean:
(a) Twenty-five Thousand Dollars ($25,000.00) for
creditable service authorized and performed prior to
July 1, 1995, for members not electing a higher maximum
compensation level,
(b) Forty Thousand Dollars ($40,000.00) for creditable
service authorized and performed prior to July 1, 1995,
for members electing a maximum compensation level in
excess of Twenty-five Thousand Dollars ($25,000.00),
(c) Twenty-seven Thousand Five Hundred Dollars ($27,500.00)
for members who, as of June 30, 1995, had elected to
have a maximum compensation level not in excess of
Twenty-five Thousand Dollars ($25,000.00), and who were
employed by an entity or institution within The
Oklahoma State System of Higher Education for
creditable service authorized and performed on or after
July 1, 1995, but not later than June 30, 1996, if such
member does not elect a higher maximum compensation
level for this period as authorized by Section 17-
116.2A of this title,
(d) Thirty-two Thousand Five Hundred Dollars ($32,500.00)
for members employed by a comprehensive university if
the member meets the requirements imposed by Section
17-116.2A of this title and the member elects to impose
a higher maximum compensation level for service
performed on or after July 1, 1995, but not later than
June 30, 1996,
(e) Forty-four Thousand Dollars ($44,000.00) for members
who, as of June 30, 1995, had elected to have a maximum
*+,-11'121#+,, .;)"(
compensation level in excess of Twenty-five Thousand
Dollars ($25,000.00), and who were employed by an
entity or institution within The Oklahoma State System
of Higher Education for creditable service authorized
and performed on or after July 1, 1995, but not later
than June 30, 1996, if such member does not elect a
higher maximum compensation level for this period as
authorized by Section 17-116.2A of this title,
(f) Forty-nine Thousand Dollars ($49,000.00) for members
employed by a comprehensive university if the member
meets the requirements imposed by Section 17-116.2A of
this title and the member elects to impose a higher
maximum compensation level for service performed on or
after July 1, 1995, but not later than June 30, 1996,
(g) the following amounts for creditable service authorized
and performed by members employed by a comprehensive
university, based upon the election of the member in
effect as of June 30, 1995:
1. for members who elected a maximum compensation
level not in excess of Twenty-five Thousand
Dollars ($25,000.00):
(i) Thirty-two Thousand Five Hundred Dollars
($32,500.00) for service authorized and
performed on or after July 1, 1996, but not
later than June 30, 1997,
(ii) Thirty-seven Thousand Five Hundred Dollars
($37,500.00) for service authorized and
performed on or after July 1, 1997, but not
later than June 30, 1998,
(iii) Forty-two Thousand Five Hundred Dollars
($42,500.00) for service authorized and
performed on or after July 1, 1998, but not
later than June 30, 2000,
(iv) Forty-seven Thousand Five Hundred Dollars
($47,500.00) for service authorized and
performed on or after July 1, 2000, but not
later than June 30, 2001,
(v) Fifty-two Thousand Five Hundred Dollars
($52,500.00) for service authorized and
performed on or after July 1, 2001, but not
later than June 30, 2002,
(vi) Fifty-seven Thousand Five Hundred Dollars
($57,500.00) for service authorized and
performed on or after July 1, 2002, but not
later than June 30, 2003,
(vii) Sixty-two Thousand Five Hundred Dollars
($62,500.00) for service authorized and
*+,-11'121#+,, .;)"
performed on or after July 1, 2003, but not
later than June 30, 2004,
(viii) Sixty-seven Thousand Five Hundred Dollars
($67,500.00) for service authorized and
performed on or after July 1, 2004, but not
later than June 30, 2005,
(ix) Seventy-two Thousand Five Hundred Dollars
($72,500.00) for service authorized and
performed on or after July 1, 2005, but not
later than June 30, 2006,
(x) Seventy-seven Thousand Five Hundred Dollars
($77,500.00) for service authorized and
performed on or after July 1, 2006, but not
later than June 30, 2007,
(xi) the full amount of regular annual
compensation for service authorized and
performed on or after July 1, 2007, and
2. for members who elected a maximum compensation
level in excess of Twenty-five Thousand Dollars
($25,000.00):
(i) Forty-nine Thousand Dollars ($49,000.00) for
service authorized and performed on or after
July 1, 1996, but not later than June 30,
1997,
(ii) Fifty-four Thousand Dollars ($54,000.00) for
service authorized and performed on or after
July 1, 1997, but not later than June 30,
1998,
(iii) Fifty-nine Thousand Dollars ($59,000.00) for
service authorized and performed on or after
July 1, 1998, but not later than June 30,
2000,
(iv) Sixty-four Thousand Dollars ($64,000.00) for
service authorized and performed on or after
July 1, 2000, but not later than June 30,
2001,
(v) Sixty-nine Thousand Dollars ($69,000.00) for
service authorized and performed on or after
July 1, 2001, but not later than June 30,
2002,
(vi) Seventy-four Thousand Dollars ($74,000.00)
for service authorized and performed on or
after July 1, 2002, but not later than June
30, 2003,
(vii) Seventy-nine Thousand Dollars ($79,000.00)
for service authorized and performed on or
*+,-11'121#+,, .;)")
after July 1, 2003, but not later than June
30, 2004,
(viii) Eighty-four Thousand Dollars ($84,000.00) for
service authorized and performed on or after
July 1, 2004, but not later than June 30,
2005,
(ix) Eighty-nine Thousand Dollars ($89,000.00) for
service authorized and performed on or after
July 1, 2005, but not later than June 30,
2006,
(x) Ninety-four Thousand Dollars ($94,000.00) for
service authorized and performed on or after
July 1, 2006, but not later than June 30,
2007,
(xi) the full amount of regular annual
compensation for service authorized and
performed on or after July 1, 2007,
(h) the full amount of regular annual compensation of:
1. a member of the retirement system not employed by
an entity or institution within The Oklahoma State
System of Higher Education for all creditable
service authorized and performed on or after July
1, 1995,
2. a member of the retirement system first employed
on or after July 1, 1995, by an entity or
institution within The Oklahoma State System of
Higher Education for all creditable service
authorized and performed on or after July 1, 1995,
but not later than June 30, 1996,
3. a member of the retirement system employed by an
entity or institution within The Oklahoma State
System of Higher Education, other than a
comprehensive university, if the member elects to
impose a higher maximum compensation level for
service performed on or after July 1, 1995, but
not later than June 30, 1996, pursuant to
subsection B of Section 17-116.2A of this title,
4. a member of the retirement system who is first
employed on or after July 1, 1996, by any entity
or institution within The Oklahoma State System of
Higher Education, including a comprehensive
university, for creditable service authorized and
performed on or after July 1, 1996,
5. a member of the retirement system who, as of July
1, 1996, is subject to a maximum compensation
level pursuant to paragraph (g) of this subsection
if the member terminates service with a
*+,-11'121#+,, .;)"!
comprehensive university and is subsequently
reemployed by a comprehensive university,
6. a member of the retirement system employed by a
comprehensive university for all service performed
on and after July 1, 2007, or
7. an eligible member of the retirement system who
fulfills the requirements of Section 2 of this act
with respect to pre-cap removal service included
in the retirement benefit computation of the
member at the average salary of the member subject
to the maximum average salary amount.
(29) "Comprehensive university" shall mean:
(a) the University of Oklahoma and all of its constituent
agencies, including the University of Oklahoma Health
Sciences Center, the University of Oklahoma Law Center
and the Geological Survey, and
(b) Oklahoma State University and all of its constituent
agencies, including the Oklahoma State University
Agricultural Experiment Station, the Oklahoma State
University Agricultural Extension Division, the
Oklahoma State University College of Veterinary
Medicine, the Oklahoma State University Center for
Health Sciences, the Technical Branch at Oklahoma City,
the Oklahoma State University Institute of Technology-
Okmulgee and Oklahoma State University-Tulsa.
(30) "Retirement contract" means the document prepared by the
Teachers' Retirement System upon member request, which incorporates
member's selected retirement option, and which must be executed and
submitted to the Teachers' Retirement System no less than thirty (30)
days prior to the projected retirement date.
Added by Laws 1969, c. 157, § 1, operative Aug. 2, 1969. Amended by
Laws 1970, c. 176, § 1, operative Aug. 2, 1970; Laws 1978, c. 238, §
1, eff. July 1, 1978; Laws 1979, c. 286, § 1, eff. July 1, 1979; Laws
1980, c. 355, § 1, eff. July 1, 1980; Laws 1982, c. 329, § 3, eff.
July 1, 1982; Laws 1985, c. 180, § 1, eff. July 1, 1985; Laws 1987,
c. 236, § 167, emerg. eff. July 20, 1987; Laws 1989, c. 101, § 1,
operative July 1, 1989; Laws 1990, c. 340, § 26, eff. July 1, 1990;
Laws 1991, c. 3, § 20, eff. July 1, 1991; Laws 1992, c. 376, § 6,
eff. July 1, 1992; Laws 1993, c. 239, § 45, eff. July 1, 1993; Laws
1996, c. 359, § 1, eff. July 1, 1996; Laws 1998, c. 380, § 1, emerg.
eff. June 9, 1998; Laws 1999, c. 105, § 1, eff. July 1, 1999; Laws
2001, c. 33, § 111, eff. July 1, 2001; Laws 2004, c. 536, § 16, eff.
July 1, 2004; Laws 2005, c. 1, § 118, emerg. eff. March 15, 2005;
Laws 2006, 2nd Ex. Sess., c. 46, § 3, eff. July 1, 2006; Laws 2008,
c. 54, § 5, eff. July 1, 2008; Laws 2008, c. 270, § 2, eff. July 1,
2008; Laws 2011, c. 203, § 1, eff. Nov. 1, 2011; Laws 2013, c. 101, §
1, eff. Nov. 1, 2013; Laws 2014, c. 114, § 1, eff. Nov. 1, 2014.
*+,-11'121#+,, .;)"
NOTE: Laws 2004, c. 315, § 1 repealed by Laws 2005, c. 1, § 119,
emerg. eff. March 15, 2005. Laws 2004, c. 385, § 9 repealed by Laws
2005, c. 1, § 120, emerg. eff. March 15, 2005.
§70-17-101.1. Transfer of employees of Oklahoma Board of Private
Vocational Schools to Teachers' Retirement System.
A. Except as otherwise provided for in this section, employees
of the Oklahoma Board of Private Vocational Schools shall be members
of the Teachers' Retirement System of Oklahoma.
B. Employees of the Oklahoma Board of Private Vocational Schools
who were as of June 30, 1986, employees of the Oklahoma Board of
Private Schools and members of the Oklahoma Public Employees
Retirement System shall cease accruing benefits in the Oklahoma
Public Employees Retirement System and commence accruing benefits
under the Teachers' Retirement System of Oklahoma on August 1, 1986.
The Oklahoma Public Employees Retirement System shall transfer to the
Teachers' Retirement System of Oklahoma the retirement records for
each such employee and the actual amount contributed to the Oklahoma
Public Employees Retirement System by the state and by each such
employee transferring to the Oklahoma Teachers' Retirement System.
All years and months of service accrued by each such employee
pursuant to the provisions of the Oklahoma Public Employees
Retirement System shall be treated as credited service in the
Teachers' Retirement System of Oklahoma.
C. Employees of the Oklahoma Board of Private Vocational Schools
who were as of June 30, 1986, employees of the Oklahoma Board of
Private Schools and members of the Oklahoma Public Employees
Retirement System, individually may choose to remain members of the
Oklahoma Public Employees Retirement System. Any such employee
choosing to remain a member of the Oklahoma Public Employees
Retirement System shall submit written notification of such choice to
the Oklahoma Department of Career and Technology Education prior to
August 1, 1986. On August 1, 1986, the Oklahoma Department of Career
and Technology Education shall notify the Oklahoma Public Employees
Retirement System of those employees who chose to remain members of
the Oklahoma Public Employees Retirement System and such employees
shall not be transferred from the Oklahoma Public Employees
Retirement System to the Teachers' Retirement System of Oklahoma.
Added by Laws 1986, c. 258, § 13, operative July 1, 1986. Amended by
Laws 2001, c. 33, § 112, eff. July 1, 2001.
§70-17-102. Establishment of system - Powers and privileges - Name.
A retirement system is hereby established and placed under the
management of the Board of Trustees for the purpose of providing
retirement allowances and other benefits under the provisions of this
act for teachers of the State of Oklahoma.
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The Board of Trustees shall have the power and privileges of a
corporation and shall be known as the "Board of Trustees of the
Teachers' Retirement System of Oklahoma", and by such name all of its
business shall be transacted, all of its funds invested, and all of
its cash and securities and other property held in trust for the
purpose for which received.
Laws 1969, c. 157, § 2, operative Aug. 2, 1969; Laws 1971, c. 281, §
24-122, eff. July 2, 1971.
§70-17-102.1. Termination of retirement plan.
(1) In the event a plan of the retirement system is terminated
or partially terminated the right of all participants or in the event
of partial termination the rights of the affected participants,
whether retired or otherwise, shall become fully vested.
(2) In the event of termination of the plan, the Board of
Trustees shall distribute the net assets of the fund, allowing a
period of not less than six (6) nor more than nine (9) months for
dissolution of disability claims, as follows:
(a) First, accumulated contributions shall be allocated to
each respective participant, former participant,
retired member, joint annuitant or beneficiary then
receiving payments. If these assets are insufficient
for this purpose, they shall be allocated to each such
person in the proportion which his accumulated
contributions bear to the total of all such
participants' accumulated contributions. For purposes
of this section, contribution means payment into the
system by an employer or employee for the benefit of an
individual employee.
(b) The balance of such assets, if any, remaining after
making the allocations provided in subparagraph (a) of
this section shall be disposed of by allocating to each
person then having an interest in the fund the excess
of his retirement income under the plan less the
retirement income which is equal to the actuarial
equivalent of the amount allocated to him under
subparagraph (a) of this section. Such allocation
shall be made with the full amount of the remaining
assets to be allocated to the persons in each group in
the following order of precedence:
(i) those retired members, joint annuitants or
beneficiaries receiving benefits,
(ii) those members eligible to retire,
(iii) those members eligible for early retirement,
(iv) former participants electing to receive a vested
benefit, and
(v) all other members.
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In the event the balance of the fund remaining after all
allocations have been made with respect to all retirement income in a
preceding group is insufficient to allocate the full actuarial
equivalent of such retirement income to all persons in the group for
which it is then being applied, such balance of the fund shall be
allocated to each person in such group in the proportion which the
actuarial equivalent of the retirement income allocable to him
pursuant to such group bears to the total actuarial equivalent of the
retirement income so allocable to all persons in such group.
Provided no discrimination in value results, the Board of
Trustees shall distribute the amounts so allocated in one of the
following manners as the Board of Trustees in their discretion may
determine:
(i) by continuing payment of benefits as they become
due, or
(ii) by paying, in cash, the amount allocated to any
such person.
Added by Laws 1978, c. 238, § 2, eff. July 1, 1978.
§70-17-102.2. Tax qualification as a governmental retirement plan.
The retirement system shall satisfy the applicable qualification
requirements for governmental plans as specified in Sections 401 and
414(d) of the Internal Revenue Code of 1954 or 1986, as amended from
time to time and as appropriate for a governmental plan (hereinafter
referred to as the "Code"). In addition to other Code provisions
otherwise noted, and in order to satisfy the applicable requirements
under the Code, the retirement system shall be subject to the
following provisions, notwithstanding any other provision of the
retirement system law:
(1) The Board of Trustees shall distribute the corpus and income
of the retirement system to the members and their beneficiaries in
accordance with the retirement system law.
(2) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits any
member would otherwise receive under the retirement system law.
(3) All benefits paid from the retirement system shall be
distributed in accordance with the requirements of Code Section
401(a)(9) and the regulations thereto. In order to meet these
requirements, the retirement system shall be administered in
accordance with the following provisions:
(a) The life expectancy of a member or the member's spouse may
not be recalculated after the benefits commence.
(b) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin no
later than December 31 of the calendar year immediately following the
calendar year in which the member died.
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(c) The amount of benefits payable to a member's beneficiary may
not exceed the maximum determined under the incidental death benefit
requirement of the Code.
(4) The Board of Trustees or its designee may not:
(a) determine eligibility for benefits,
(b) compute rates of contribution, or
(c) compute benefits of members or beneficiaries,
in a manner that discriminates in favor of members who are considered
officers, supervisors, or highly compensated, as prohibited under
Code Section 401(a)(4).
(5) Benefits paid from the retirement system shall not exceed
the maximum benefits permissible under Code Section 415.
(6) The Board of Trustees may not engage in a transaction
prohibited by Code Section 503(b).
(7) To the extent required by Code Section 401(a)(31), the
retirement system shall allow members and qualified beneficiaries to
elect a direct rollover of eligible distributions to another eligible
retirement plan.
Added by Laws 1994, c. 380, § 1, eff. July 1, 1994.
§70-17-102.3. Tax-Sheltered Annuity Program - Federal tax
qualification - Termination.
The Tax-Sheltered Annuity Program provided by Section 17-101 et
seq. of this title shall satisfy the applicable qualification
requirements for grandfathered governmental tax-sheltered annuity
programs as specified in 26 U.S.C. Section 403(b) and the relevant
regulatory provisions and guidance related thereto. In order to
satisfy these requirements and guidelines, the Teachers' Retirement
Tax-Sheltered Annuity Program shall be subject to the following
provisions, notwithstanding any other provision of the law governing
the Oklahoma Teachers' Retirement System:
(1) The Board of Trustees shall administer and distribute the
corpus and income of the Tax-Sheltered Annuity Program to members and
their beneficiaries pursuant to the applicable requirements under 26
U.S.C. Section 403(b), relevant regulatory provisions and guidance
under 26 U.S.C. Section 403(b), and in accordance with the law
governing the Oklahoma Teachers' Retirement System.
(2) All benefits paid from the retirement system shall be
distributed in accordance with the applicable requirements of 26
U.S.C. Sections 403(b)(10) and 401(a)(9) and the regulations thereto.
(3) To the extent required by 26 U.S.C. Sections 403(b)(10) and
401(a)(31), the retirement system shall allow members and qualified
beneficiaries to elect a direct rollover of eligible distributions to
another eligible retirement plan.
(4) To the extent required under 26 U.S.C. Section 403(b)(11)
and the regulations thereto, distributions under the Tax-Sheltered
Annuity Program shall only be paid when the member attains the age of
*+,-11'121#+,, .;)
fifty-nine and one-half (59 1/2) years, separates from service, dies,
becomes disabled, or in the case of hardship.
(5) The Board of Trustees may terminate the Tax-Sheltered
Annuity Program administered under 26 U.S.C. Section 403(b). The
Board of Trustees shall do so in accordance with the requirements of
federal tax law and in a way that is designed to minimize financial
harm to the participants in the program. To assist in minimizing any
such harm, an employer that sponsors a local tax-sheltered annuity
program under 26 U.S.C. Section 403(b) and that has an active or
inactive participant with an account balance under the program, shall
permit the provider administering the program on the effective date
of such termination to be a provider in the local program and to
offer the same investment options to program participants that were
available under the program. The employer is required to permit the
program provider to remain a provider under the local program for a
two-year period beginning with the first day of the local program's
plan year following the effective date of such termination; provided,
that this requirement shall apply with respect to an investment
option only so long as the program provider continues to lawfully
provide the investment option. Notwithstanding the foregoing, any
program participant may elect to remit contributions to and/or,
subject to any contractual restrictions, transfer the balance of the
program participant to, any other approved provider under the local
program at any time during the two-year period provided herein. An
employer that sponsors a local program that includes the program as
the only investment option, and that has an active or inactive
participant with an account balance under the program, shall permit
the program provider to be a provider in that local program subject
to the above terms, or the local program of the employer shall
terminate at such time that the program is terminated, in which case
the employer shall be prohibited from contributing to any 403(b)
program on behalf of any employee for the twelve-month period
required under Treasury Regulation Section 1.403(b)-10.
Added by Laws 1994, c. 380, § 2, eff. July 1, 1994. Amended by Laws
2018, c. 248, § 1.
§70-17-103. Membership.
Except as provided in the Alternate Retirement Plan for
Comprehensive Universities Act, the membership of the retirement
system shall consist of the following:
(1) All classified personnel shall become members of the
retirement system as a condition of their employment;
(2) All full-time nonclassified optional personnel regularly
employed for more than one (1) year may join the Teachers' Retirement
System subject to the rules and regulations adopted pursuant to this
act. Subject to the outcome of the private letter ruling request
(2003) submitted by the Board of Trustees to the Internal Revenue
*+,-11'121#+,, .;)$
Service (2001), the retirement system shall permit eligible
nonclassified optional personnel who have ceased to make otherwise
required employee contributions after having made an election to
become a member of the retirement system to resume employee
contributions. No service shall be credited to any such member for
any period of time during which employee contributions were not made;
(3) All persons who shall become classified personnel or who are
regularly employed in any school system as new classified personnel
after July 1, 1943, hereof, shall become members of the retirement
system as a condition of their employment;
(4) All other regular school employees may join the Teachers'
Retirement System subject to the rules and regulations as may be
adopted by the Board of Trustees of the Teachers' Retirement System;
(5) The Board of Trustees may, in its discretion, deny the right
to become members to any class of members whose compensation is only
partly paid by the state, or who is serving on a temporary or other
than per annum basis, and it also may, in its discretion, make
optional with members in any such class their individual entrance
into the retirement system;
(6) Should any member, with less than ten (10) years of teaching
service in Oklahoma, in any period of six (6) consecutive years after
becoming a member be absent from service more than five (5) years,
withdraw his or her contributions, retire or die, he or she shall
thereupon cease to be a member. The provisions of this paragraph
shall not apply to any member of the Teachers' Retirement System who
has been a member of such classes of military services as may be
approved by the Board of Trustees, until a period of one and one-half
(1 1/2) years from date of termination of such service shall have
elapsed; and
(7) Effective November 1, 2019, a retired member of the
Teachers' Retirement System who becomes employed by the State
Department of Education for the first time on or after November 1,
2019, shall have the option to remain a member of the Teachers'
Retirement System subject to any applicable limitations placed on
retired members returning to work or may choose to participate in the
Oklahoma Public Employees Retirement System as an active member.
Added by Laws 1969, c. 157, § 3, operative Aug. 2, 1969. Amended by
Laws 1970, c. 176, § 2, operative Aug. 2, 1970; Laws 1976, c. 252, §
4, operative July 1, 1976; Laws 1978, c. 238, § 3, eff. July 1, 1978;
Laws 1985, c. 180, § 2, eff. July 1, 1985; Laws 1986, c. 283, § 1,
operative July 1, 1986; Laws 1990, c. 340, § 27, eff. July 1, 1990;
Laws 2001, c. 336, § 1, eff. July 1, 2001; Laws 2003, c. 326, § 1,
eff. July 1, 2003; Laws 2004, c. 385, § 10, eff. July 1, 2004; Laws
2010, c. 357, § 1, eff. July 1, 2010; Laws 2019, c. 141, § 1, eff.
Nov. 1, 2019.
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NOTE: Sections 17-101 through 17-119 of this title were designated
Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24-
122, eff. July 2, 1971.
§70-17-103.1. Oklahoma State University Cooperative Extension
Service employees - Transfer to Teachers' Retirement System.
Employees of the Oklahoma State University Cooperative Extension
Service who are members of the Oklahoma Public Employees Retirement
System shall cease accruing benefits in the Oklahoma Public Employees
Retirement System and shall commence accruing benefits under the
Teachers' Retirement System of Oklahoma on July 1, 1987. On January
1, 1988, the Oklahoma Public Employees Retirement System shall
transfer to the Teachers' Retirement System of Oklahoma the actual
amount contributed to the Oklahoma Public Employees Retirement System
by the state and by each employee of the Oklahoma State University
Cooperative Extension Service transferring to the Teachers'
Retirement System of Oklahoma and the retirement records of those
transferring employees. Service accrued by said employee of the
Oklahoma State University Cooperative Extension Service under the
Oklahoma Public Employees Retirement System shall be treated as
credited service under the Teachers' Retirement System of Oklahoma.
For purposes of this section, creditable service transferred from the
Oklahoma Public Employees Retirement System shall include service
authorized under paragraph (f) of subsection (2) of Section 913 of
Title 74 of the Oklahoma Statutes. Members who retire prior to July
1, 1990, shall have their monthly benefit adjusted to include all
services accrued under paragraph (f) of subsection (2) of Section 913
of Title 74 of the Oklahoma Statutes. Provided however, that any
adjustment of existing retirement benefits caused by reason of
inclusion of such service authorized under paragraph (f) of
subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes
shall not affect any retirement benefit paid prior to July 1, 1990.
Added by Laws 1987, c. 236, § 168, emerg. eff. July 20, 1987.
Amended by Laws 1990, c. 156, § 1, eff. July 1, 1990.
§70-17-104. Prior service credits.
(1) Under such rules and regulations as the Board of Trustees
shall adopt, each member who became a member within one (1) year
after July 1, 1943, shall file a detailed statement of all service as
a member rendered by him prior to the date of establishment for which
he claims credit.
(2) The Board of Trustees shall fix and determine by appropriate
rules and regulations how much service in any year is equivalent to
one (1) year of service, but in no case shall it allow any credit for
a period of absence without pay of more than one (1) month's duration
nor shall more than one (1) year of service be creditable for all
*+,-11'121#+,, .;)
services in one (1) school year. Service rendered for a regular
school year shall be equivalent to one (1) year's service.
(a) Prior service credit shall be granted to any member who
shall become a member when he has completed one (1) year of
membership service credit. Prior service shall include years taught
in what is now Oklahoma preceding statehood.
1. Subject to the above restrictions and to such other rules and
regulations as the Board of Trustees may adopt, the Board of Trustees
shall verify, as soon as practicable after the filing of such
statements of service, the service therein claimed.
2. Upon verification of the statements of service, the Board of
Trustees shall issue prior service certificates certifying to each
member the length of service rendered prior to the date of
establishment, with which he is credited on the basis of his
statement of service. So long as membership continues, a prior
service certificate shall be final and conclusive for retirement
purposes as to such service; provided, however, the Board of Trustees
may, upon request of the member, modify or correct his prior service
certificate. The prior service credit and certificate of a member
who has retired may be corrected, if incorrect. When the correction
constitutes an addition to the retired member's service record, the
Board of Trustees may grant allowance retroactively as the facts
justify.
When membership ceases such prior service certificate shall
become void. Should the former member return to service in Oklahoma,
he shall again become a member not entitled to prior service credit,
with the provision that he may reestablish his prior service credit
by redepositing in the appropriate fund the amount formerly
withdrawn, with the interest at five percent (5%) per annum from the
date membership ceased to the date of redeposit; provided, however,
effective January 1, 1990, the rate of interest provided herein shall
be ten percent (10%) per annum. No member shall be permitted to take
advantage of this provision for restoration of prior service more
than one time.
(b) Any person who is, or shall become, a member of the
Teachers' Retirement System may receive prior service credit for not
more than five (5) years of service rendered in public schools, state
colleges, or state universities outside this state prior to July 1,
1943, subject to the regulations of the Board of Trustees, provided
he is not receiving, and is not eligible to receive, retirement
credit or benefits for this service in any other teacher retirement
system, subject to the following provision:
1. The member is required to have two (2) years of creditable
service teaching earned in Oklahoma for each year of out-of-state
credit granted.
(3) Any teacher who served in the Armed Forces of the United
States of America prior to July 1, 1943, during World War I or World
*+,-11'121#+,, .;))
War II, whose service was terminated by an honorable discharge and
who qualifies for prior service credit under the terms of this act
shall be granted prior service teaching credit by the Board of
Trustees for the period of such service in the Armed Forces,
occurring prior to July 1, 1943, upon presentation to the Board of
Trustees of satisfactory proof of such service in the Armed Forces.
The amount of prior service teaching credit to be allowed such
teacher shall be determined by the Board of Trustees.
Added by Laws 1969, c. 157, § 4. Amended by Laws 1970, c. 77, § 1,
emerg. eff. March 20, 1970; Laws 1971, c. 281, § 24-122, eff. July 2,
1971; Laws 1989, c. 327, §1, eff. July 1, 1989.
§70-17-105. Retirement.
(1) (a) Any member who has attained age fifty-five (55) or who
has completed thirty (30) years of creditable service, as defined in
Section 17-101 of this title, or for any person who initially became
a member prior to July 1, 1992, regardless of whether there were
breaks in service after July 1, 1992, whose age and number of years
of creditable service total eighty (80) may be retired upon proper
application for retirement on forms established by the System and
executing a retirement contract. Such a retirement date will also
apply to any person who became a member of the sending system as
defined in this act, prior to July 1, 1992, regardless of whether
there were breaks in service after July 1, 1992. Any person who
became a member after June 30, 1992, but prior to November 1, 2011,
whose age and number of years of creditable service total ninety (90)
may be retired upon proper application for retirement and executing a
retirement contract. Any person who becomes a member on or after
November 1, 2011, who attains the age of sixty-five (65) years or who
reaches a normal retirement date pursuant to subparagraph (d) of
paragraph (24) of Section 17-101 of this title having attained a
minimum age of sixty (60) years may be retired upon proper
application for retirement and executing a retirement contract. The
application shall be filed on the form provided by the Board of
Trustees for this purpose, not less than sixty (60) days before the
date of retirement, provided that the Executive Director may waive
the sixty-day deadline for good cause shown as defined by the Board.
1. The employer shall provide the System with the
following information for a retiring member, no later
than the fifteenth day of the month of retirement: last
day physically on the job; last day on payroll; any
regular compensation not already reported to the
System; and final unused sick leave balance.
2. Failure to submit this information by the deadline, or
errors in submitted information that result in a
disqualification of retirement eligibility shall be the
responsibility of the employer. In cases where the
*+,-11'121#+,, .;)!
error results in disqualification of retirement
eligibility, it is the employer's responsibility to
reemploy the member, or retain the member on the
payroll, for the time period required to reach
eligibility, not exceeding two (2) months.
(b) An individual who becomes a member of the Teachers'
Retirement System on or after November 1, 2017, shall be employed by
the public schools, state colleges or universities of Oklahoma for a
minimum of seven (7) years and be a contributing member of the
Teachers' Retirement System of Oklahoma for a minimum of seven (7)
years to qualify for monthly retirement benefits from the Teachers'
Retirement System of Oklahoma.
(c) Any member with seven (7) or more years of Oklahoma teaching
service and whose accumulated contributions during such period have
not been withdrawn shall be given an indefinite extension of
membership beginning with the sixth year following his or her last
contributing membership and shall become eligible to apply for
retirement and be retired upon attaining age fifty-five (55).
(2) An unclassified optional member who has retired or who
retires at sixty-two (62) years of age or older or whose retirement
is because of disability shall have his or her minimum retirement
benefits calculated on an average salary of Five Thousand Three
Hundred Fifty Dollars ($5,350.00) or, if a larger monthly allowance
would result, an amount arrived at pursuant to application of the
formula prescribed herein.
(3) No member shall receive a lesser retirement benefit than he
or she would have received under the law in effect at the time he or
she retired. Any individual under the Teachers' Retirement System,
who through error in stating the title of the position which he or
she held, may, at the discretion of the Board of Trustees, be changed
from the nonclassified optional group to the classified group for the
purpose of calculating retirement benefits.
Any individual regardless of residence, who has a minimum of ten
(10) years of teaching in Oklahoma schools prior to July 1, 1943, or
who taught in Oklahoma schools prior to 1934 and thereafter taught a
minimum of ten (10) years and who does not qualify under the present
retirement System, or who has a minimum of thirty (30) years of
teaching in Oklahoma schools and has reached seventy (70) years of
age prior to July 1, 1984, and is not otherwise eligible to receive
any benefits from the retirement system shall receive a minimum of
One Hundred Fifty Dollars ($150.00) per month in retirement benefits
from the Teachers' Retirement System of Oklahoma plus any general
increase in benefits for annuitants as may be provided hereafter by
the Legislature. Each individual must apply to the Teachers'
Retirement System for such benefit and provide evidence to the
Teachers' Retirement System that the service was actually rendered.
The surviving spouse of any person who made application for the
*+,-11'121#+,, .;)
benefit provided for by this paragraph during his or her lifetime but
did not receive said benefit may submit an application to the System
for payment of said benefit for those months during the lifetime of
the deceased person that he or she was eligible for but did not
receive the benefit. Upon approval of the application by the Board
of Trustees, the benefit shall be paid to the surviving spouse in one
lump sum.
(4) The value of each year of prior service is the total monthly
retirement benefit divided by the number of years of creditable
service.
(5) Upon application of a member who is actively engaged in
teaching in Oklahoma or his or her employer, any member who has been
a contributing member for ten (10) years may be retired by the System
subsequent to the execution and filing thereof, on a disability
retirement allowance, provided that it is found by the Medical Board
after medical examination of such member by a duly qualified
physician that such member is mentally or physically incapacitated
for further performance of duty, that such incapacity is likely to be
permanent, and that such member should be retired. The System shall
rely on and give full consideration to the conclusions and
recommendations in the certified written report of the Medical Board
of the Teachers' Retirement System regarding the disability
application of such member. If the Medical Board does not find that
a member applying for disability retirement is mentally or physically
incapacitated for performance of duty or otherwise eligible for a
disability retirement, the application shall then be considered by
the Board of Trustees. If a member is determined to be eligible for
disability benefits pursuant to the Social Security System, then such
determination shall entitle the member to the authorized disability
retirement allowance provided by law. For members who are not
eligible for disability benefits pursuant to the Social Security
System, the Board of Trustees and the Medical Board shall apply the
same standard for which provision is made in the first two sentences
of this subsection for determining the eligibility of a person for
such disability benefits in making a determination of eligibility for
disability benefits as authorized by this subsection.
(6) (a) A member who at the time of retirement has been found
to be permanently physically or mentally incapacitated to teach
school shall receive a minimum monthly retirement payment for life or
until such time as the member may be found to be recovered to the
point where he or she may return to teaching. Any member retired
before July 1, 1992, shall be eligible to receive the monthly
retirement allowance herein provided, but such payment shall not
begin until the first payment due him or her after July 1, 1992, and
shall not be retroactive. The Board of Trustees is empowered to make
such rules and regulations as it considers proper to preserve equity
*+,-11'121#+,, .;)"
in retirements under this provision, which shall include a provision
to protect the rights of the member's spouse.
(b) A member who has qualified for retirement benefits under
disability retirement shall have the total monthly payment deducted
from his or her accumulated contributions plus interest earned and
any money remaining in the member's account after the above
deductions at the death of the member shall be paid in a lump sum to
the beneficiary or to the estate of the member. Provided, if the
deceased disabled member had thirty (30) years or more of creditable
service and the death occurred after June 30, 1981, and death
occurred prior to the disabled member receiving twelve monthly
retirement payments, a surviving spouse may elect to receive the
retirement benefit to which the deceased member would have been
entitled at the time of death under the Option 2 Plan of Retirement
provided for in subsection (8) of this section in lieu of the death
benefit provided for in this subsection and in subsection (12) of
this section.
(c) Once each year the System may require any disabled annuitant
who has not yet attained the age of sixty (60) years to undergo a
medical examination, such examination to be made at the place of
residence for said disabled annuitant or other place mutually agreed
upon by a physician or physicians designated by the System. Should
any disabled annuitant who has not yet attained the age of sixty (60)
years refuse to submit to at least one medical examination in any
such year by a physician or physicians designated by the System his
or her allowance may be discontinued until he or she submits to such
examination.
(d) Should the Medical Board report and certify to the Board of
Trustees that such disabled annuitant is engaged in or is able to
engage in a gainful occupation paying more than the difference
between his or her retirement allowance and the average final
compensation, and should the Board of Trustees concur in such report
then the amount of his or her pension shall be reduced to an amount
which, together with his or her retirement allowance and that amount
earnable by him or her, shall equal the amount of his or her average
final compensation. Should his or her earning capacity be later
increased, the amount of his or her pension may be further modified,
provided the new pension shall not exceed that amount of the pension
originally granted nor an amount, which when added to the amount
earnable by the member, together with his or her annuity, equals the
amount of his or her average final compensation.
(e) Should a disabled annuitant be restored to active service,
his or her disability retirement allowance shall cease and he or she
shall again become a member of the Teachers' Retirement System and
shall make regular contributions as required under this article. The
unused portion of his or her accumulated contributions shall be
reestablished to his or her credit in the Teachers' Savings Fund.
*+,-11'121#+,, .;)
Any such prior service certificates on the basis of which his or her
service was computed at the time of his or her retirement shall be
restored to full force and effect.
(7) Should a member before retirement under Section 1-101 et
seq. of this title make application for withdrawal duly filed with
the Board of Trustees and approved by it, not earlier than four (4)
months after the date of termination of such service as a teacher,
the contribution standing to the credit of his or her individual
account in the Teachers' Savings Fund shall be paid to him or her or,
in the event of his or her death before retirement, shall be paid to
such person or persons as he or she shall have nominated by written
designation, duly executed and filed with the Board of Trustees;
provided, however, if there be no designated beneficiary surviving
upon such death, such contributions shall be paid to his or her
administrators, executors, or assigns, together with interest as
hereinafter provided. In lieu of a lump-sum settlement at the death
of the member, the amount of money the member has on deposit in the
Teachers' Savings Fund and the money the member has on deposit in the
Teachers' Deposit Fund may be paid in monthly payments to a
designated beneficiary, who must be the spouse, under the Maximum or
Option 1 Plan of Retirement providing the monthly payment shall be
not less than Twenty-five Dollars ($25.00) per month. The monthly
payment shall be the actuarial equivalent of the amount becoming due
at the member's death based on the sex of the spouse and the age the
spouse has attained at the last birthday prior to the member's death.
Provided further, if there be no designated beneficiary surviving
upon such death, and the contributions standing to the credit of such
member do not exceed Two Hundred Dollars ($200.00), no part of such
contributions shall be subject to the payment of any expense of the
last illness or funeral of the deceased member or any expense of
administration of the estate of such deceased and the Board of
Trustees, upon satisfactory proof of the death of such member and of
the name or names of the person or persons who would be entitled to
receive such contributions under the laws of descent and distribution
of the state, may authorize the payment of accumulated contributions
to such person or persons. A member terminating his or her
membership by withdrawal after June 30, 2003, shall have the interest
computed at a rate of interest determined by the Board of Trustees
and paid to him or her subject to the following schedule:
(a) If termination occurs within sixteen (16) years from the
date membership began, fifty percent (50%) of such interest
accumulations shall be paid.
(b) With at least sixteen (16) but less than twenty-one (21)
years of membership, sixty percent (60%) of such interest
accumulations shall be paid.
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(c) With at least twenty-one (21) but less than twenty-six (26)
years of membership, seventy-five percent (75%) of such interest
accumulations shall be paid.
(d) With at least twenty-six (26) years of membership, ninety
percent (90%) of such interest accumulations shall be paid.
In case of death of an active member, the interest shall be
calculated and restored to the member's account and paid to his or
her beneficiary.
(8) (a) In lieu of his or her retirement allowance payable
throughout life for such an amount as determined under this section,
the member may select a retirement allowance for a reduced amount
payable under any of the following options the present value of which
is the actuarial equivalent thereof.
(b) A member may select the option under which he or she desires
to retire at the end of the school year in which he or she attains
age seventy (70) and said option shall be binding and cannot be
changed. Provided further that if a member retires before age
seventy (70), no election of an option shall be effective in case an
annuitant dies before the first payment due under such option has
been received.
(c) The first payment of any benefit selected shall be made on
the first day of the month following approval of the retirement by
the System. If the named designated beneficiary under Option 2 or 3
dies at any time after the member's retirement date, but before the
death of the member, the member shall return to the retirement
benefit, including any post retirement benefit increases the member
would have received had the member not selected Option 2 or 3 of this
subsection. The benefit shall be determined at the date of death of
the designated beneficiary or July 1, 1994, whichever is later. This
increase shall become effective the first day of the month following
the date of death of the designated beneficiary or July 1, 1994,
whichever is later, and shall be payable for the member's remaining
lifetime. The member shall notify the Teachers' Retirement System of
Oklahoma of the death of the designated beneficiary in writing. In
the absence of said written notice being filed by the member
notifying the Teachers' Retirement System of Oklahoma of the death of
the designated beneficiary within six (6) months of the date of
death, nothing in this subsection shall require the Teachers'
Retirement System of Oklahoma to pay more than six (6) months of
retrospective benefits increase.
Option 1. If he or she dies before he or she has received in
annuity payments the present value of his or her annuity as it was at
the time of his or her retirement, the balance shall be paid to his
or her legal representatives or to such person as he or she shall
nominate by written designation duly acknowledged and filed with the
Board of Trustees at the time of his or her retirement; or
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Option 2. A member takes a reduced retirement allowance for
life. Upon the death of the member the payments shall continue to
the member's designated beneficiary for the life of the beneficiary.
The written designation of the beneficiary must be duly acknowledged
and filed with the Board of Trustees at the time of the member's
retirement and, except as provided in paragraph (e) of this
subsection, cannot be changed after the effective date of the
member's retirement; or
Option 3. A member receives a reduced retirement allowance for
life. Upon the death of the member one-half (1/2) of the retirement
allowance paid the member shall be continued throughout the life of
the designated beneficiary. A written designation of a beneficiary
must be duly acknowledged and filed with the Board of Trustees at the
time of the member's retirement and, except as provided in paragraph
(e) of this subsection, cannot be changed after the effective date of
the member's retirement; or
Option 4. Some other benefit or benefits shall be paid either to
the member or to such person or persons as he or she shall nominate,
provided such other benefit or benefits, together with the reduced
retirement allowance, shall be certified by the actuary to be of
equivalent actuarial value to his or her retirement allowance and
shall be approved by the Board of Trustees.
(d) Provided that Option 2 and Option 3 shall not be available
if the member's expected benefit is less than fifty percent (50%) of
the lump-sum actuarial equivalent and the designated beneficiary is
not the spouse of the member.
(e) A member who chose the maximum retirement benefit plan at
the time of retirement may make a one-time election to choose either
Option 2 or 3 and name the member's spouse as designated beneficiary
if the member marries after making the initial election. Such an
election shall be made by July 1, 2011, or within one (1) year of the
date of marriage, whichever is later. The member shall provide proof
of a member's good health before the Board of Trustees will permit a
change to either Option 2 or 3 and the naming of a designated
beneficiary. A medical examination conducted by a licensed physician
is required for purposes of determining good health. Such
examination must be approved by the Medical Board. The member shall
be required to provide proof of age for the new beneficiary. The
Board of Trustees shall adjust the monthly benefit to the actuarially
equivalent amount based on the new designated beneficiary's age. The
Board of Trustees shall promulgate rules to implement the provisions
of this subsection.
(f) A member who retires after the effective date of this act
and has selected a retirement allowance for a reduced amount payable
under one of the options provided for in this subsection may make a
one-time irrevocable election to select a different option within
sixty (60) days of the member's retirement date. The beneficiary
*+,-11'121#+,, .;!$
designated by the member at the time of retirement shall not be
changed if the member makes the election provided for in this
paragraph.
(g) Any individual who is eligible to be a beneficiary of a
member under this subsection, and who is also a beneficiary of a
trust created under the Oklahoma Discretionary and Special Needs
Trust Act, Section 175.81 et seq. of Title 60 of the Oklahoma
Statutes, or a comparable Trust Act created under the laws of another
state, hereinafter collectively referred to as "Trust Acts", may be a
beneficiary under this subsection by having the trustee of the trust
established for the benefit of that individual named as the legal
beneficiary under this subsection. The age of that beneficiary shall
be used for calculating any benefit payable to the trust under this
subsection. The beneficiary of such a trust shall be treated as the
beneficiary under this subsection except that payments of any
benefits due under this subsection shall be payable to the lawfully
appointed trustee of the trust. The obligation of the System to pay
the beneficiary under this subsection shall be satisfied by payment
to the trustee whom the System, in good faith, believes to be the
lawfully appointed trustee. Any conflict between the statutes
creating and governing the Teachers' Retirement System in Section 17-
101 et seq. of this title and the provisions of any Trust Act
referred to above shall be resolved in favor of the statutes
governing the System. If an eligible beneficiary is named at the
time of retirement, and becomes a beneficiary of a trust under one of
the Trust Acts described herein after that time, the System will
acknowledge the trust as the beneficiary upon the submission of
adequate documentation of the existence of the trust. All other
provisions of this subsection shall apply to these subsequently
created trusts.
(h) The Board of Trustees of the System may recognize other
trusts set up for the benefit of individuals otherwise eligible to be
named as a beneficiary under this subsection by administrative rule
if it can be done without undue additional administrative expense of
the System.
(9) The governing board of any "public school", as that term is
defined in Section 17-101 of this title, is hereby authorized and
empowered to pay additional retirement allowances or compensation to
any person who was in the employ of such public school for not less
than seven (7) school years preceding the date of his or her
retirement. Payments so made shall be a proper charge against the
current appropriation or appropriations of any such public school for
salaries for the fiscal year in which such payments are made. Such
payments shall be made in regular monthly installments in such
amounts as the governing board of any such public school, in its
judgment, shall determine to be reasonable and appropriate in view of
the length and type of service rendered by any such person to such
*+,-11'121#+,, .;!(
public school by which such person was employed at the time of
retirement. All such additional payments shall be uniform, based
upon the length of service and the type of services performed, to
persons formerly employed by such public school who have retired or
been retired in accordance with the provisions of Section 17-101 et
seq. of this title.
The governing board of any such public school may adopt rules and
regulations of general application outlining the terms and conditions
under which such additional retirement benefits shall be paid, and
all decisions of such board shall be final.
(10) In addition to the teachers' retirement herein provided,
teachers may voluntarily avail themselves of the Federal Social
Security Program upon a district basis.
(11) Upon the death of an in-service member, the System shall
pay to the designated beneficiary of the member or, if there is no
designated beneficiary or if the designated beneficiary predeceases
the member, to the estate of the member, the sum of Eighteen Thousand
Dollars ($18,000.00) as a death benefit. Provided, if the deceased
member had ten (10) years or more of creditable service and the death
occurred after February 1, 1985, the member's designated beneficiary
may elect to receive the retirement benefit to which the deceased
member would have been entitled at the time of death under the Option
2 plan of retirement in lieu of the death benefit provided for in
this subsection. Provided further, the option provided in this
subsection is only available when the member has designated one
individual as the designated beneficiary. The beneficiary or
beneficiaries of death benefits in the amount not to exceed Eighteen
Thousand Dollars ($18,000.00), but exclusive of any retirement
benefit received by an electing beneficiary based upon creditable
service performed by the deceased member, which are provided pursuant
to this subsection may elect to disclaim such death benefits in which
case such benefits will be transferred to a person licensed as a
funeral director or to a lawfully recognized business entity licensed
as required by law to provide funeral services for the deceased
member. The qualified disclaimer must be in writing and will be an
irrevocable and an unqualified refusal to accept all or a portion of
the death benefit. It must be received by the transferor no more
than nine (9) months after the later of the day the transfer creating
the interest in the disclaiming person is made or the day the
disclaiming person attains age twenty-one (21). The interest in the
death benefits must pass without direction by the disclaiming person
to another person.
(12) Upon the death of an annuitant who has contributed to the
System, the retirement system shall pay to the designated beneficiary
of the annuitant or, if there is no designated beneficiary or if the
designated beneficiary predeceases the annuitant, to the estate of
the annuitant, the sum of Five Thousand Dollars ($5,000.00) as a
*+,-11'121#+,, .;!
death benefit. The beneficiary or beneficiaries of benefits provided
pursuant to this subsection may elect to disclaim such death benefits
in which case such benefits will be transferred to a person licensed
as a funeral director or to a lawfully recognized business entity
licensed as required by law to provide funeral services for the
deceased member. The qualified disclaimer must be in writing and
will be an irrevocable and an unqualified refusal to accept all or a
portion of the death benefit. It must be received by the transferor
no more than nine (9) months after the later of the day the transfer
creating the interest in the disclaiming person is made or the day
the disclaiming person attains age twenty-one (21). The interest in
the death benefits must pass without direction by the disclaiming
person to another person. The benefit payable pursuant to this
subsection shall be deemed, for purposes of federal income taxation,
as life insurance proceeds and not as a death benefit if the Internal
Revenue Service approves this provision pursuant to a private letter
ruling request which shall be submitted by the Board of Trustees of
the System for that purpose.
(13) Upon the death of a member who dies leaving no living
beneficiary or having designated his or her estate as beneficiary,
the System may pay any applicable death benefit, unpaid
contributions, or unpaid benefit which may be subject to probate, in
an amount of Twenty-five Thousand Dollars ($25,000.00) or less,
without the intervention of the probate court or probate procedure
pursuant to Section 1 et seq. of Title 58 of the Oklahoma Statutes.
(a) Before any applicable probate procedure may be waived, the
System must be in receipt of the member's proof of death and the
following documents from those persons claiming to be the legal heirs
of the deceased member:
1. The member's valid last will and testament, trust
documents or affidavit that a will does not exist;
2. An affidavit or affidavits of heirship which must
state:
a. the names and signatures of all claiming heirs to
the deceased member's estate including the
claiming heirs' names, relationship to the
deceased, current addresses, tax I.D. numbers if
known and current telephone numbers,
b. a statement or statements by the claiming heirs
that no application or petition for the
appointment of a personal representative is
pending or has been granted in any jurisdiction,
c. a description of the personal property claimed,
(i.e., death benefit or unpaid contributions or
both) together with a statement that such personal
property is subject to probate,
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d. a statement by each individual claiming heir
identifying the amount of personal property that
the heir is claiming from the System, and that the
heir has been notified of, is aware of and
consents to the identified claims of all the other
claiming heirs of the deceased member pending with
the System;
3. A written agreement or agreements signed by all
claiming heirs of the deceased member which provides
that the claiming heirs release, discharge and hold
harmless the System from any and all liability,
obligations and costs which it may incur as a result of
making a payment to any of the deceased member's heirs;
4. A corroborating affidavit from an individual other than
a claiming heir, who was familiar with the affairs of
the deceased member;
5. Proof that all debts of the deceased member, including
payment of last sickness, hospital, medical, death,
funeral and burial expenses have been paid or provided
for.
(b) The Executive Director of the System shall retain complete
discretion in determining which requests for probate waiver may be
granted or denied, for any reason. Should the System have any
question as to the validity of any document presented by the claiming
heirs, or as to any statement or assertion contained therein, the
probate requirement provided for in Section 1 et seq. of Title 58 of
the Oklahoma Statutes shall not be waived.
(c) After paying any death benefits or unpaid contributions to
any claiming heirs as provided pursuant to this subsection, the
System is discharged and released from any and all liability,
obligation and costs to the same extent as if the System had dealt
with a personal representative of the deceased member. The System is
not required to inquire into the truth of any matter specified in
this subsection or into the payment of any estate tax liability.
(14) Upon the death of a retired member, the benefit payment for
the month in which the retired member died, if not previously paid,
shall be made to the beneficiary of the member or to the member's
estate if there is no beneficiary. Such benefit payment shall be
made in an amount equal to a full monthly benefit payment regardless
of the day of the month in which the retired member died.
Added by Laws 1969, c. 157, § 5, operative Aug. 2, 1969. Amended by
Laws 1970, c. 176, § 3, operative March 2, 1970; Laws 1971, c. 31, §
1, emerg. eff. March 23, 1971; Laws 1974, c. 246, § 1, operative July
1, 1974; Laws 1975, c. 353, § 1, operative July 1, 1975; Laws 1976,
c. 252, § 1, operative July 1, 1976; Laws 1978, c. 238, § 4, eff.
July 1, 1978; Laws 1979, c. 286, § 2, eff. July 1, 1979; Laws 1980,
c. 355, § 2, eff. July 1, 1980; Laws 1982, c. 329, § 4, eff. July 1,
*+,-11'121#+,, .;!!
1982; Laws 1984, c. 267, § 7, operative July 1, 1984; Laws 1985, c.
180, § 3, eff. July 1, 1985; Laws 1986, c. 283, § 2, operative July
1, 1986; Laws 1987, c. 236, § 169, emerg. eff. July 20, 1987; Laws
1990, c. 7, § 1, emerg. eff. March 28, 1990; Laws 1991, c. 335, § 26,
emerg. eff. June 15, 1991; Laws 1992, c. 376, § 7, eff. July 1, 1992;
Laws 1993, c. 322, § 15, emerg. eff. June 7, 1993; Laws 1994, c. 371,
§ 1, eff. July 1, 1994; Laws 1995, c. 93, § 1, eff. Nov. 1, 1995;
Laws 1995, c. 358, § 8, eff. Nov. 1, 1995; Laws 1997, c. 316, § 1,
eff. July 1, 1997; Laws 1997, c. 384, § 23, eff. July 1, 1997; Laws
1998, c. 419, § 9, eff. July 1, 1998; Laws 1999, c. 1, § 26, emerg.
eff. Feb. 24, 1999; Laws 2002, c. 352, § 5, eff. July 1, 2002; Laws
2003, c. 326, § 2, eff. July 1, 2003; Laws 2004, c. 536, § 17, eff.
July 1, 2004; Laws 2010, c. 273, § 1; Laws 2010, c. 357, § 2, eff.
July 1, 2010; Laws 2011, c. 173, § 1, eff. July 1, 2011; Laws 2011,
c. 203, § 2, eff. Nov. 1, 2011; Laws 2013, c. 101, § 2, eff. Nov. 1,
2013; Laws 2016, c. 129, § 1, eff. Nov. 1, 2016; Laws 2017, c. 48, §
2, eff. Nov. 1, 2017; Laws 2018, c. 248, § 2; Laws 2019, c. 268, § 1,
eff. July 1, 2019.
NOTE: Laws 1989, 1st Ex. Sess., c. 2, § 113 repealed by Laws 1991,
c. 335, § 37, emerg. eff. June 15, 1991. Laws 1994, c. 145, § 1 and
Laws 1994, c. 370, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff.
March 2, 1995. Laws 1995, c. 1, § 26 repealed by Laws 1995, c. 358,
§ 13, eff. Nov. 1, 1995. Laws 1998, c. 360, § 1 repealed by Laws
1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. Laws 2004, c. 315, § 2
repealed by Laws 2005, c. 1, § 121, emerg. eff. March 15, 2005. Laws
2010, c. 263, § 1 repealed by Laws 2010, c. 357, § 8, eff. July 1,
2010. Laws 2018, c. 304, § 19 repealed by Laws 2019, c. 25, § 46,
emerg. eff. April 4, 2019.
NOTE: Laws 2017, c. 48, § 2 was purportedly repealed by Laws 2018,
c. 304, § 20, but without reference to Laws 2018, c. 248, § 2, which
amended it.
NOTE: Sections 17-101 through 17-119 of this title were designated
Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24-
122, eff. July 2, 1971.
§70-17-105.1. Unpaid accumulated contributions - Payment to
beneficiary or next of kin.
In the event the total retirement payments made to a retired
member and the retired member's joint annuitant, if any, are less
than the member's accumulated contributions with interest as credited
at the time of retirement under Section 17-105 of this title, the
difference shall be paid to the member's designated beneficiary or if
no designated beneficiary survives, then to the member's nearest
surviving next of kin as determined by law. This provision shall
apply to retired members dying on or after July 1, 1979.
Laws 1980, c. 355, § 6, eff. July 1, 1980.
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§70-17-105.2. Partial lump-sum payment and reduced annuity.
A. A member who is eligible to retire with at least thirty (30)
years of creditable service may elect to receive a partial lump-sum
payment on the date of retirement and a reduced annuity. The partial
lump-sum payment shall be an amount equal to the unreduced retirement
benefit, which shall be referred to as the “Maximum Retirement
Allowance” for purposes of this section, which would have been paid
over a period of twelve (12), twenty-four (24) or thirty-six (36)
months, had the lump-sum option not been elected. Once the payout
amount is elected, a reduced Maximum Retirement Allowance is then
calculated using factors adopted by the Board of Trustees based upon
the System’s actuarial expected rate of return and the member’s age
at retirement and the payout option (twelve (12), twenty-four (24),
or thirty-six (36) months) elected. This reduced Maximum Retirement
Allowance shall also be reduced in accordance with any retirement
options the member has elected pursuant to Section 17-105 of Title 70
of the Oklahoma Statutes.
B. The partial lump-sum payment, pursuant to this section, shall
be paid in a check separate from the regular monthly retirement
benefit. The total amount of the partial lump-sum payment shall be
deducted from the member’s account balance consisting of the employee
contributions plus interest for purposes of determining unused
contributions remaining in the account. The member may elect to
rollover the taxable portion of the partial lump-sum payment to an
eligible retirement plan or individual retirement account (IRA). The
nontaxable portion of the partial lump-sum payment can be rolled over
to an IRA or another qualified retirement plan as allowed by the
Internal Revenue Code and regulations. This partial lump-sum payment
shall be subject to federal income tax in accordance with the
Internal Revenue Code Section 72 and other such Internal Revenue Code
sections and regulations as may be applicable. This partial lump-sum
benefit is subject to the same restrictions for assignment and
attachment as all other retirement benefits. The appropriate portion
of the partial lump-sum distribution will be reported to the Internal
Revenue Service (IRS) as taxable income and appropriate tax
withholdings will be withheld unless the member elects to make a
direct rollover of the taxable portion of the funds. Should the
member have after-tax contributions, a portion of such after-tax
contributions will be allocated to the partial lump-sum payment and
to the remaining annuity on a prorata basis.
C. The partial lump-sum option under this section may be elected
only once by a member and may not be elected by a retiree.
D. The board of trustees shall promulgate any rules necessary
for the implementation of this section.
Added by Laws 2003, c. 328, § 1, eff. July 1, 2003.
§70-17-106. Board of Trustees and other personnel.
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(1) The general administration and responsibility for the proper
operation of the retirement system and for making effective the
provisions of the act are hereby vested in a Board of Trustees which
shall be known as the Board of Trustees and shall be organized
immediately after a majority of the trustees provided for in this
section shall have qualified and taken the oath of office.
(2) The Board shall consist of the following members and all
appointees shall serve their terms at the pleasure of the appointing
authority and may be removed or replaced without cause:
(a) The State Superintendent of Public Instruction, ex officio
or a designee.
(b) The Director of the Office of Management and Enterprise
Services, ex officio or a designee.
(c) The Director of the Oklahoma Department of Career and
Technology Education, ex officio, or his or her designee.
(d) The State Treasurer, ex officio, or his or her designee.
(e) One member appointed by the Governor whose initial term of
office shall expire on January 14, 1991. The members thereafter
appointed by the Governor shall serve a term of office of four (4)
years which is coterminous with the term of office of the office of
the appointing authority.
(f) Two members shall be appointed by the Governor of the State
of Oklahoma and approved by the Senate. The two members shall be:
1. a representative of a school of higher education in
Oklahoma whose term of office shall initially be one
(1) year, and
2. a member of the System of the nonclassified optional
personnel status whose initial term of office shall be
two (2) years.
After the initial terms of office the terms of the members shall be
four (4) years.
(g) Upon the expiration of the term of office of the stockbroker
member of the Board, the Governor shall appoint a member to the Board
whose initial term of office shall expire on January 14, 1991. The
members thereafter appointed by the Governor shall serve a term of
office of four (4) years which is coterminous with the term of office
of the office of the appointing authority.
(h) Upon the expiration of the term of office of the
representative of the insurance industry member of the Board, the
Governor shall appoint a member to the Board whose initial term of
office shall expire on January 14, 1991. The members thereafter
appointed by the Governor shall serve a term of office of four (4)
years which is coterminous with the term of office of the office of
the appointing authority.
(i) Upon the expiration of the term of office of the investment
counselor member of the Board, the Governor shall appoint a member to
the Board whose initial term of office shall expire on January 14,
*+,-11'121#+,, .;!
1991. The members thereafter appointed by the Governor shall serve a
term of office of four (4) years which is coterminous with the term
of office of the office of the appointing authority.
(j) Upon the expiration of the term of office of the active
classroom teacher member of the Board, the President Pro Tempore of
the Senate shall appoint a member to the Board, who shall be an
active classroom teacher and whose initial term of office shall
expire on January 8, 1991. The members thereafter appointed by the
President Pro Tempore of the Senate shall serve a term of office of
four (4) years.
(k) Upon the expiration of the term of office of the retired
classroom teacher member of the Board, the Speaker of the House of
Representatives shall appoint a member to the Board, who shall be a
retired member of the System and whose initial term of office shall
expire on January 8, 1991. The members thereafter appointed by the
Speaker of the House of Representatives shall serve a term of office
of four (4) years.
(l) The Speaker of the House of Representatives shall appoint a
member to the Board, who shall be an active classroom teacher and
whose initial term of office shall expire on January 3, 1989. The
members thereafter appointed by the Speaker of the House of
Representatives shall serve a term of office of four (4) years.
(m) The President Pro Tempore of the Senate shall appoint a
member to the Board, who shall be a retired member of the System and
whose initial term of office shall expire on January 3, 1989. The
members thereafter appointed by the President Pro Tempore of the
Senate shall serve a term of office of four (4) years.
(n) A statewide organization representing retired educators
shall appoint a member to the Board who shall be a nonvoting member.
(3) Persons who are appointed to the Board of Trustees by the
Governor pursuant to paragraphs (e), (g), (h) and (i) of subsection
(2) of this section shall:
(a) have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management; or
(b) have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management; or
(c) be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
(d) be licensed by the Oklahoma Accountancy Board to practice in
this state as a public accountant or a certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
to balancing the appointments among the criteria specified in
paragraphs (a) through (d) of this subsection.
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(4) No member of the Board of Trustees shall be a lobbyist
registered in this state as provided by law.
(5) If a vacancy occurs in the office of a trustee, the vacancy
shall be filled for the unexpired term in the same manner as the
office was previously filled.
(6) Each of the trustees, except those who are state officials
serving ex officio, shall receive travel expenses in accordance with
the State Travel Reimbursement Act.
(7) Each trustee shall, within ten (10) days after his or her
appointment or election, take an oath of office that, so far as it
devolves upon him or her, the trustee will diligently and honestly
administer the affairs of the Board of Trustees and that he or she
will not knowingly violate or willingly permit to be violated any of
the provisions of law applicable to the retirement system. Such oath
shall be subscribed to by the member making it, certified by the
officer before whom it is taken, and immediately filed in the office
of the Secretary of State.
(8) Each trustee shall be entitled to one vote on the Board of
Trustees. Eight votes shall be necessary for a decision by the
trustees at any meeting of the Board.
(9) Subject to the limitations of this act, the Board of
Trustees shall, from time to time, establish rules and regulations
for the administration of the funds created by this act and for the
transaction of its business. Provided that such rules and
regulations may include rules and regulations providing for the
withholding from the retirement allowance due a retired person under
the provisions of this act an amount requested in writing by the
retiree for the purpose of paying:
(a) monthly premiums on group hospital and surgical insurance
programs to which such retiree belongs, and for the transmitting of
the sums so withheld to the insurance carrier designated by the
retiree; and
(b) membership dues in any statewide association limited to
retired educator membership with a minimum membership of one thousand
(1,000) dues-paying members and for the transmitting of the sums so
withheld.
(10) The Board of Trustees shall elect from its membership a
chair, vice-chair and secretary by a majority vote of all of its
members. The Board shall employ an executive director and shall
engage such actuarial and other service as shall be required to
transact the business of the retirement system. The compensation of
all persons engaged by the Board and all other expenses of the Board
necessary for the operation of the retirement system shall be paid at
such rates and in such amounts as the Board shall approve.
(11) The members of the Board of Trustees, the Executive
Director and the employees of the System shall not accept gifts or
gratuities from an individual organization with a value in excess of
*+,-11'121#+,, .;!
Fifty Dollars ($50.00) per year. The provisions of this section
shall not be construed to prevent the members of the Board of
Trustees, the Executive Director or the employees of the System from
attending educational seminars, conferences, meetings or similar
functions which are paid for, directly or indirectly, by more than
one organization.
(12) The Board of Trustees shall keep in convenient form such
data as shall be necessary for actuarial valuation of the various
funds of the retirement system and for checking the experience of the
system.
(13) The Board of Trustees shall keep a record of all of its
proceedings which shall be open to public inspection. It shall
publish annually a report showing the fiscal transactions of the
retirement system for the preceding fiscal year, the amount of the
accumulated cash and securities of the system, and the last balance
sheet showing the financial condition of the system by means of an
actuarial valuation of the assets and liabilities of the retirement
system and a detailed accounting of its administrative expenses.
(14) The Board of Trustees shall retain an attorney who is
licensed to practice law in this state. The attorney shall serve at
the pleasure of the Board of Trustees for such compensation as may be
provided by the Board of Trustees. The attorney shall advise the
Board of Trustees and perform legal services for the Board of
Trustees with respect to any matters properly before the Board of
Trustees. When requested by the Board of Trustees, the Attorney
General of the state also shall render legal services to the Board of
Trustees. In addition to the above, the Board of Trustees may employ
hearing examiners to conduct administrative grievance hearings under
the provisions of the Administrative Procedures Act.
(15) Suitable offices shall be furnished by the Office of
Management and Enterprise Services. Upon the failure or inability of
the Office of Management and Enterprise Services to provide adequate
facilities, the Board of Trustees may contract for necessary office
space in suitable quarters.
(16) The Board of Trustees shall designate a Medical Board to be
composed of three physicians not eligible to participate in the
retirement system. The physicians so appointed by the Board of
Trustees shall be legally qualified to practice medicine in Oklahoma
or the state in which they reside and shall be physicians of good
standing in the medical profession. The Board of Trustees may have
more than one Medical Board and each Board shall have the same duties
and authority under the statutes. If required, other physicians may
be employed to report on special cases. The Medical Board shall pass
upon all medical examinations required under the provisions of this
act and shall investigate all essential statements and certificates
by or on behalf of a member in connection with an application for
disability retirement and shall report in writing to the Board of
*+,-11'121#+,, .;!$
Trustees its conclusion and recommendation upon all the matters
referred to it. The Board of Trustees shall adopt such rules and
regulations as may be necessary to properly administer this benefit.
(17) The Board of Trustees shall retain an actuarial firm that
shall be technical advisors of the Board of Trustees on matters
regarding the operation of funds created by the provisions of this
act and shall perform such other duties as are required in connection
therewith.
(18) At least once each five (5) years the Board of Trustees
shall use an actuarial firm to make an actuarial investigation of the
experience of the retirement system, including the mortality, service
and compensation experience of members and beneficiaries. Based on
the results of such investigation the actuarial firm shall recommend
for adoption by the Board of Trustees such tables and rates as are
required for the operation of the retirement system and for the
preparation of annual actuarial valuations.
(19) On the basis of such tables and rates as the Board of
Trustees shall adopt, the actuarial firm shall prepare an annual
actuarial valuation of the assets and liabilities of the retirement
system and certify the rates of contribution payable by the state
under the provisions of law concerning the Teachers' Retirement
System.
Added by Laws 1969, c. 157, § 6, operative Aug. 2, 1969. Amended by
Laws 1978, c. 238, § 5, eff. July 1, 1978; Laws 1979, c. 286, § 3,
eff. July 1, 1979; Laws 1981, c. 340, § 21, eff. July 1, 1981; Laws
1982, c. 329, § 5, eff. July 1, 1982; Laws 1985, c. 178, § 55,
operative July 1, 1985; Laws 1985, c. 180, § 4, eff. July 1, 1985;
Laws 1986, c. 283, § 3, operative July 1, 1986; Laws 1987, c. 236, §
170, emerg. eff. July 20, 1987; Laws 1988, c. 165, § 27, operative
July 1, 1988; Laws 1988, c. 321, § 26, operative July 1, 1988; Laws
1990, c. 90, § 1, operative July 1, 1990; Laws 1991, c. 157, § 1,
eff. July 1, 1991; Laws 1992, c. 376, § 8, eff. July 1, 1992; Laws
1993, c. 322, § 16, emerg. eff. June 7, 1993; Laws 1997, c. 316, § 2,
eff. July 1, 1997; Laws 2001, c. 33, § 113, eff. July 1, 2001; Laws
2010, c. 357, § 3, eff. July 1, 2010; Laws 2012, c. 304, § 606; Laws
2014, c. 13, § 1, eff. July 1, 2014; Laws 2016, c. 129, § 2, eff.
Nov. 1, 2016; Laws 2017, c. 312, § 1; Laws 2019, c. 268, § 2, eff.
July 1, 2019.
NOTE: Laws 1985, c. 178, § 55 repealed by Laws 1986, c. 283, § 6,
operative July 1, 1986.
NOTE: Sections 17-101 through 17-119 of this title were designated
Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24-
122, eff. July 2, 1971.
§70-17-106.1. Duties of Board – Investments - Liability insurance -
Investment committee and managers - Custodial services – Reports -
Cost of living adjustment.
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A. The Board of Trustees of the Teachers' Retirement System of
Oklahoma shall discharge their duties with respect to the System
solely in the interest of the participants and beneficiaries and:
1. For the exclusive purpose of:
a. providing benefits to participants and their
beneficiaries, and
b. defraying reasonable expenses of administering the
System;
2. With the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of
an enterprise of a like character and with like aims;
3. By diversifying the investments of the System so as to
minimize the risk of large losses, unless under the circumstances it
is clearly prudent not to do so; and
4. In accordance with the laws, documents and instruments
governing the System.
B. The Board of Trustees of the Teachers' Retirement System of
Oklahoma may invest the assets of the System in real property owned
or to be acquired by the State of Oklahoma. It is further authorized
to acquire, exchange, and grant any real property under its
jurisdiction as is necessary to carry out the investment in the real
property. The Board of Trustees of the Teachers' Retirement System
of Oklahoma is authorized to invest not more than ten percent (10%)
of the total value of assets of the System in connection with such
investments. Limitations on investment of the assets of the System
provided herein shall be determined as of the date of its making or
acquisition.
C. The Board of Trustees may procure insurance indemnifying the
members of the Board of Trustees from personal loss or accountability
from liability resulting from a member's action or inaction as a
member of the Board.
D. The Board of Trustees may establish an investment committee.
The investment committee shall be composed of not more than five (5)
members of the Board of Trustees appointed by the chairman of the
Board of Trustees. The committee shall make recommendations to the
full Board of Trustees on all matters related to the choice of
custodians and managers of the assets of the System, on the
establishment of investment and fund management guidelines, and in
planning future investment policy. The committee shall have no
authority to act on behalf of the Board of Trustees in any
circumstances whatsoever. No recommendation of the committee shall
have effect as an action of the Board of Trustees nor take effect
without the approval of the Board of Trustees as provided by law.
E. The Board of Trustees may retain qualified investment
managers to provide for the investment of the monies of the System.
The investment managers shall be chosen by a solicitation of
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proposals on a competitive bid basis pursuant to standards set by the
Board of Trustees. Subject to the overall investment guidelines set
by the Board of Trustees, the investment managers shall have full
discretion in the management of those monies of the System allocated
to the investment managers. The Board of Trustees shall manage those
monies not specifically allocated to the investment managers. The
monies of the System allocated to the investment managers shall be
actively managed by the investment managers, which may include
selling investments and realizing losses if such action is considered
advantageous to longer term return maximization. Because of the
total return objective, no distinction shall be made for management
and performance evaluation purposes between realized and unrealized
capital gains and losses.
F. Funds and revenues for investment by the investment managers
or the Board of Trustees shall be placed with a custodian selected by
the Board of Trustees. The custodian shall be a bank or trust
company offering pension fund master trustee and master custodial
services. The custodian shall be chosen by a solicitation of
proposals on a competitive bid basis pursuant to standards set by the
Board of Trustees. In compliance with the investment policy
guidelines of the Board of Trustees, the custodian bank or trust
company shall be contractually responsible for ensuring that all
monies of the System are invested in income-producing investment
vehicles at all times. If a custodian bank or trust company has not
received direction from the investment managers of the System as to
the investment of the monies of the System in specific investment
vehicles, the custodian bank or trust company shall be contractually
responsible to the Board of Trustees for investing the monies in
appropriately collateralized short-term interest-bearing investment
vehicles.
G. By November 1, 1988, and prior to August 1 of each year
thereafter, the Board of Trustees shall develop a written investment
plan for the System.
H. The Board of Trustees shall compile a quarterly financial
report of all the funds of the System on a fiscal year basis. The
report shall be compiled pursuant to uniform reporting standards
prescribed by the Oklahoma State Pension Commission for all state
retirement systems. The report shall include several relevant
measures of investment value, including acquisition cost and current
fair market value with appropriate summaries of total holdings and
returns. The report shall contain combined and individual rate of
returns of the investment managers by category of investment, over
periods of time. The Board of Trustees shall include in the
quarterly reports all commissions, fees or payments for investment
services performed on behalf of the Board. The report shall be
distributed to the Governor, the Oklahoma State Pension Commission,
the Legislative Service Bureau, the Speaker of the House of
*+,-11'121#+,, .;!)
Representatives and the President Pro Tempore of the Senate. In lieu
of compiling and distributing the quarterly report, the Board may
provide the Oklahoma State Pension Commission with direct access to
the same data from the custodian bank for the System.
I. After July 1 and before December 1 of each year, the Board of
Trustees shall publish widely an annual report presented in simple
and easily understood language pursuant to uniform reporting
standards prescribed by the Oklahoma State Pension Commission for all
state retirement systems. The report shall be submitted to the
Governor, the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, the Oklahoma State Pension Commission and
the members of the System. The annual report shall cover the
operation of the System during the past fiscal year, including
income, disbursements, and the financial condition of the System at
the end of the fiscal year. The annual report shall also contain the
information issued in the quarterly reports required pursuant to
subsection H of this section as well as a summary of the results of
the most recent actuarial valuation to include total assets, total
liabilities, unfunded liability or over funded status, contributions
and any other information deemed relevant by the Board of Trustees.
The annual report shall be written in such a manner as to permit a
readily understandable means for analyzing the financial condition
and performance of the System for the fiscal year.
Added by Laws 1988, c. 321, § 27, operative July 1, 1988. Amended by
Laws 1992, c. 354, § 4; Laws 1995, c. 81, § 6, eff. July 1, 1995;
Laws 2002, c. 391, § 7, eff. July 1, 2002; Laws 2004, c. 536, § 18,
eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, § 31, eff. July
1, 2006; Laws 2011, c. 379, § 6, eff. Sept. 1, 2011; Laws 2012, c.
312, § 1, eff. July 1, 2012; Laws 2016, c. 129, § 3, eff. Nov. 1,
2016.
§70-17-106.2. Duties of fiduciaries.
A. A fiduciary with respect to the Teachers' Retirement System
of Oklahoma shall not cause the System to engage in a transaction if
the fiduciary knows or should know that such transaction constitutes
a direct or indirect:
1. sale or exchange, or leasing of any property from the System
to a party in interest for less than adequate consideration or from a
party in interest to the System for more than adequate consideration;
2. lending of money or other extension of credit from the System
to a party in interest without the receipt of adequate security and a
reasonable rate of interest, or from a party in interest to the
System with provision of excessive security or an unreasonably high
rate of interest;
3. furnishing of goods, services or facilities from the System
to a party in interest for less than adequate consideration, or from
*+,-11'121#+,, .;!!
a party in interest to the System for more than adequate
consideration; or
4. transfer to, or use by or for the benefit of, a party in
interest of any assets of the System for less than adequate
consideration.
B. A fiduciary with respect to the Teachers' Retirement System
of Oklahoma shall not:
1. deal with the assets of the System in the fiduciary's own
interest or for the fiduciary's own account;
2. in the fiduciary's individual or any other capacity act in
any transaction involving the System on behalf of a party whose
interests are adverse to the interests of the System or the interests
of its participants or beneficiaries; or
3. receive any consideration for the fiduciary's own personal
account from any party dealing with the System in connection with a
transaction involving the assets of the System.
C. A fiduciary with respect to the Teachers' Retirement System
of Oklahoma may: 1. invest all or part of the assets of the System
in deposits which bear a reasonable interest rate in a bank or
similar financial institution supervised by the United States or a
state, if such bank or other institution is a fiduciary of such plan;
or
2. provide any ancillary service by a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan.
D. A person or a financial institution is a fiduciary with
respect to the Teachers' Retirement System of Oklahoma to the extent
that the person or the financial institution:
1. exercises any discretionary authority or discretionary
control respecting management of the Teachers' Retirement System of
Oklahoma or exercises any authority or control respecting management
or disposition of the assets of the System;
2. renders investment advice for a fee or other compensation,
direct or indirect, with respect to any monies or other property of
the System, or has any authority or responsibility to do so; or
3. has any discretionary authority or discretionary
responsibility in the administration of the System.
Added by Laws 1988, c. 321, § 28, operative July 1, 1988.
§70-17-106.3. Deposit of contributions and dedicated revenues -
Warrants and vouchers.
A. All employee and employer contributions and dedicated
revenues shall be deposited in the Oklahoma Teachers' Retirement Fund
in the State Treasury. The Board of Trustees shall have the
responsibility for the management of the Oklahoma Teachers'
Retirement Fund, and may transfer monies used for investment purposes
by the Teachers' Retirement System of Oklahoma from the Oklahoma
*+,-11'121#+,, .;!
Teachers' Retirement Fund in the State Treasury to the custodian bank
or trust company of the System.
B. All benefits payable pursuant to the provisions of the
Teachers' Retirement System of Oklahoma, refunds of contribution and
overpayments, and all administrative expenses in connection with the
System shall be paid from the Oklahoma Teachers' Retirement Fund upon
warrants or vouchers signed by two persons designated by the Board of
Trustees. All expenses of the administration of the Tax-Sheltered
Annuity Fund shall be paid from the Oklahoma Teachers' Retirement
Fund. The Board of Trustees may transfer monies from the custodian
bank or trust company of the System to the Oklahoma Teachers'
Retirement Fund in the State Treasury for the purposes specified in
this subsection.
Amended by Laws 1982, c. 227, § 5, emerg. eff. May 4, 1982; Laws
1983, c. 6, § 3, emerg. eff. Feb. 24, 1983; Laws 1986, c. 131, § 19,
operative July 1, 1986; Laws 1988, c. 321, § 30, operative July 1,
1988.
§70-17-106.4. Appeal to district court.
Any person aggrieved by any decision of the Board of Trustees may
appeal from such decision by filing a petition in the Oklahoma County
District Court within thirty (30) days from the date of such
decision. All actions or proceedings directly or indirectly against
the Teachers' Retirement System of Oklahoma shall be brought in
Oklahoma County.
Added by Laws 1997, c. 316, § 3, eff. July 1, 1997.
§70-17-107. Disposition of interest.
The interest earned on the investments in the Teachers'
Retirement System of Oklahoma shall be credited in the following
manner:
1. money on deposit in the Teachers' Deposit Fund or Tax-
Sheltered Annuity Fund shall be credited with interest annually
compounded;
2. there shall be deducted from the annual interest on
investments an amount necessary for the amortization of bonds
purchased and owned by the Teachers' Retirement System of Oklahoma;
3. there shall be deducted from the annual interest on
investments an amount of money necessary for the operation of the
Teachers' Retirement System of Oklahoma; and
4. any residue remaining in the Interest Fund after the
requirements of paragraphs 1 through 3 of this section have been
fully met shall be used for the purpose of paying retirement benefits
to the retirees of the Teachers' Retirement System of Oklahoma and
transferred to the Retirement Benefit Fund; the interest income shall
be distributed to the various funds on June 30 each year.
*+,-11'121#+,, .;!"
Added Laws 1969, c. 157, § 7. Amended by Laws 1970, c. 176, § 4,
operative Aug. 2, 1970; Laws 1974, c. 246, § 2, operative July 1,
1974; Laws 1975, c. 353, § 2, operative July 1, 1975; Laws 1980, c.
270, § 1, eff. July 1, 1980; Laws 1982, c. 227, § 5, emerg. eff. May
4, 1982; Laws 1983, c. 6, § 3, emerg. eff. Feb. 24, 1983; Laws 1986,
c. 131, § 19, July 1, 1986; Laws 1988, c. 321, § 30, operative July
1, 1988.
§70-17-107.1. Repealed by Laws 1988, c. 321, § 45, operative July 1,
1988.
§70-17-108. Contributions and funds.
A. Each local school district, or state college or university,
or State Board of Education or State Board of Career and Technology
Education, or other state agencies whose employees are members of the
Teachers' Retirement System shall match on a pro rata basis, in
accordance with subsection B of this section the contributions of
members whose salaries are paid by federal funds or externally
sponsored agreements such as grants, contracts and cooperative
agreements. These funds shall be remitted at the same time as the
regular contributions of members are remitted to the Teachers'
Retirement System of Oklahoma and deposited in the Retirement Benefit
Fund.
B. On an annual basis, the Board of Trustees shall set the
contribution rate to be paid by contributing employers as provided in
subsection A of this section. The contribution rate shall be
determined using cost principles established by federal regulations
and shall be consistent with policies, regulations and procedures
that apply uniformly to both federally assisted and other activities,
and be accorded consistent treatment through application of generally
accepted accounting principles. The Board shall approve the
contribution rate for each fiscal year ending June 30, no later than
April 1 of the previous fiscal year.
C. All the assets of the retirement system shall be credited
according to the purpose for which they are held to one of eight
funds, namely: The Teachers' Savings Fund, the Retirement Benefit
Fund, the Interest Fund, the Permanent Retirement Fund, the Expense
Fund, the Suspense Fund, the Teachers' Deposit Fund, and the Retiree
Medical Benefit Fund.
1. The Teachers' Savings Fund shall be a fund in which shall be
accumulated the regular contributions from the compensation of
members, including interest earnings prior to July 1, 1968.
Contributions to and payments from the Teachers' Savings Fund shall
be made as specifically provided in each plan available within the
retirement system.
2. The deductions provided for in the plans within the
retirement system shall be made notwithstanding that the minimum
*+,-11'121#+,, .;!
compensation provided for any member shall be reduced thereby. Every
member shall be deemed to consent and agree to the deductions made
and provided for herein and payment of salary or compensation, less
the deduction, shall be a full and complete discharge and acquittance
of all claims and demands whatsoever for the services rendered by
such person during the period covered by such payment, except as to
the benefits provided under this act. The employer shall certify to
the Board of Trustees on each and every payroll, or in such other
manner as the Board may prescribe, the amounts to be deducted, and
each of the amounts shall be deducted, and when deducted shall be
paid into the Teachers' Savings Fund, and shall be credited to the
individual account of the member from whose compensation the
deduction was made.
3. Following the termination of membership in the retirement
system for any member who has been absent from service for five (5)
years in any period of six (6) consecutive years, the Teachers'
Savings Fund Account of such member shall be closed and the amount
due the member as provided in Section 17-105 of this title shall be
paid upon the filing of formal application. At the time such
membership is terminated the amount due the member as provided in
Section 17-105 of this title shall be transferred to the Suspense
Fund.
4. Upon the retirement of a member, the balance of money he or
she had in the Teachers' Savings Fund shall be transferred to the
Retirement Benefit Fund.
5. Retirement Benefit Fund.
a. After August 2, 1969, there shall be transferred from
the Teachers' Savings Fund for those members drawing
retirement benefits from the Teachers' Retirement
System of Oklahoma an amount necessary to provide the
monthly annuity payments and pension payments as
required in Section 17-107 of this title. In addition
the fund shall consist of monies received from any
state dedicated revenue, monies received from state
appropriations, monies received from federal matching
funds, and the residue of the interest on investments
after the requirements of Section 17-107 of this title
have been fully met. The Retirement Benefit Fund shall
consist of an amount of money necessary for the making
of retirement payments to retirees.
b. Should a member have deposits in the Teachers' Deposit
Fund or the Tax-Sheltered Annuity Fund and wish to
receive monthly retirement benefits on such deposits,
the actuarial equivalent of a two-year period and each
succeeding fiscal year thereafter shall be transferred
to the Retirement Benefit Fund. The member may choose
any of the plans available in the Teachers' Retirement
*+,-11'121#+,, .;!$
Act as a method of receiving monthly retirement
benefits on the money he has on deposit in the
Teachers' Deposit Fund or the Tax-Sheltered Annuity
Fund. The monthly retirement benefits paid from the
Teachers' Deposit Fund or the Tax-Sheltered Annuity
Fund shall be in addition to the regular retirement
benefits and the money transferred from the Teachers'
Deposit Fund or Tax-Sheltered Annuity Fund shall not be
matched by the State of Oklahoma.
c. From the Retirement Benefit Fund shall be paid all
monthly retirement benefits.
d. At the death of a retired member who has retired under
the Maximum Plan of Retirement, Option 1 or Option 4,
the balance of money the member has in the Teachers'
Savings Fund shall be transferred to the Retirement
Benefit Fund and the amount due the beneficiary or his
or her estate under Option 1 or Option 4 shall be paid
from the Retirement Benefit Fund.
e. At the death of both a retired member and the retired
member's spouse, who had retired under Option 2 or 3,
any balance in the Teachers' Savings Fund shall be
transferred from the Teachers' Savings Fund to the
Retirement Benefit Fund.
f. At the death of a retired member who had retired under
Option 5, the balance of any monies the member had in
the Teachers' Savings Fund shall be transferred to the
Retirement Benefit Fund for the purpose of making a
lump-sum settlement to the beneficiary or his estate.
Providing that if the surviving spouse elects to
receive the balance under the Maximum Plan of
Retirement or Option 1 the member's money, if any, on a
monthly basis, constituting actuarial equivalent of two
(2) years' payments, and each year thereafter the
annual actuarial equivalent, shall be transferred from
the Teachers' Savings Fund for the purpose of paying
monthly retirement benefits to the spouse under this
option.
6. The Interest Fund is hereby created to facilitate the
crediting of interest to the various other funds to which interest is
to be credited. All income, interest and dividends derived from the
deposits and investments authorized by this act shall be paid into
the Interest Fund. On June 30, each year, interest shall be
transferred to the other funds as herein provided.
7. The Permanent Retirement Fund shall consist of the
accumulated gifts, awards, and bequests made to the retirement
system, and transfers from the Suspense Fund, the principal of which
is hereby held and dedicated as a perpetual endowment of the
*+,-11'121#+,, .;!$
retirement system and shall not be diverted or appropriated to any
other cause or purpose unless specifically provided for in such
gifts, awards or bequests.
8. The Expense Fund shall be the fund from which the expense of
administration and maintenance of the retirement system shall be
paid. The Board of Trustees shall cause to be prepared and adopt
annually an itemized budget showing the amount required to defray the
expenses for the ensuing fiscal year.
Transfers to and payments from this fund shall be made as
follows: first, from the Interest Fund; second, from any dedicated
revenue; and, third, from appropriation by the Oklahoma Legislature.
All monies for the operation of the Teachers' Retirement System
of Oklahoma shall be paid from the Expense Fund upon the approval by
the Board of Trustees and the checks signed by two people designated
to sign such checks by the Board of Trustees of the Teachers'
Retirement System of Oklahoma.
9. The Suspense Fund shall be comprised of amounts transferred
to the fund as provided in this section and Section 17-105 of this
title and obligations of the retirement system to any member or
person which cannot be legally discharged.
10. Teachers' Deposit Fund.
Any member may request, prior to a pay period, that his or her
employer make additional deposits for him or her, for tax-sheltered
annuity purposes. However, the amount deposited shall not exceed the
limits as defined in Section 402(g) and Section 415 of the Internal
Revenue Code of 1986, as amended, and applicable federal regulations.
All such deposits shall be credited to the member's account in the
Teachers' Deposit Fund for the purchase of a tax-sheltered annuity.
The amount thus accumulated, with earnings, shall be used upon the
member's retirement, separation from service, death or disability to
purchase an annuity in addition to his or her regular service
retirement allowance. The amount a member accumulates in the
Teachers' Deposit Fund, not including interest, may be used to pay
distributions in the case of hardship as provided in Section 403(b)
(11) of the Internal Revenue Code of 1986, as amended, and applicable
federal regulations.
11. Collection of Contributions.
The collection of members' contributions shall be as
follows:
(1) Each employer shall cause to be deducted on each
and every payroll or claim of a member for each
and every payroll claim period subsequent to the
date of establishment of the retirement system the
contribution payable by such member as provided in
this act. With each and every payroll or claim
the employer shall deliver to the treasurer of the
employer warrants issued to the employees as shown
*+,-11'121#+,, .;!$$
to be due by the payroll or claim, together with a
warrant or warrants in favor of the Teachers'
Retirement System as shown by the payroll or
claim.
(2) The treasurer or disbursing officer upon delivery
of the warrants and a true copy of the payroll or
claims as provided above shall register the
warrants as provided for the registration of other
school warrants, and shall deliver to the employer
warrants issued in favor of the employees, and
shall deliver warrants issued in favor of the
Teachers' Retirement System and the copy of the
payroll or claims to the school district
superintendent as designated by the Board of
Trustees. For the purpose of collecting
contributions of teachers in the public schools,
the superintendent of a school district is hereby
designated to receive the Teachers' Retirement
warrants from the treasurer or proper disbursing
officer of the several school districts for the
purpose of transmitting such warrants and payroll
or claims to the Executive Director of the
Teachers' Retirement System of the State of
Oklahoma. Any college or university or other
educational institution or agency operated in
whole or in part by the state shall have the
amount retained or deducted from the funds
regularly appropriated by the state for the
current maintenance for such educational
departments and institutions.
(3) For the purpose of enabling the collection of the
contributions of the members of the retirement
system to be made as simple as possible, the Board
of Trustees shall require the secretary or other
officer of each employer-board or agency, within
thirty (30) days after the beginning of each
school year, to make a list of all teachers in its
employ who are members of the retirement system,
certify to the correctness of this list, and file
the same with the Executive Director of the Board
of Trustees of the Teachers' Retirement System.
If additions to or deductions from this list
should be made during the year such additions or
deductions shall likewise be certified to the
Board of Trustees of the Teachers' Retirement
System.
*+,-11'121#+,, .;!$(
(4) The State Treasurer shall furnish annually to the
Board of Trustees a sworn statement of the amount
of the funds in his or her custody belonging to
the retirement system. The records of the Board
of Trustees shall be open to public inspection and
any member of the retirement system shall be
furnished with a statement of the amount of the
credit to his or her individual account upon
written request by such member, provided the Board
of Trustees shall not be required to answer more
than one such request of a member in any one (1)
year.
(5) Failure of any superintendent, officer, or other
person to discharge the duties imposed upon him or
her by this act shall render him or her or his or
her bondsman liable for any loss occasioned
thereby to the Teachers' Retirement System or the
employees of the school district, or both.
(6) On a showing by the Teachers' Retirement System
that a warrant, voucher or check issued to it has,
for any reason, been lost or never received, after
ninety (90) days from the date of issue or from
transmittal for payment, it shall be the duty of
the issuing authority forthwith, without any
indemnifying bond or other requirements, to issue
a duplicate thereof in lieu of that which was
lost, to the Teachers' Retirement System; and the
Teachers' Retirement System shall save harmless
any school district or agency of state government
making payment under the provisions hereof to the
State Teachers' Retirement System if the original
warrant, voucher or check is later presented for
payment and same is paid after a duplicate
warrant, voucher or check has been issued and paid
to the Teachers' Retirement System, and any loss
sustained therefrom shall be charged to the
Interest Fund.
12. Rollover Contributions and Direct Trustee-to-Trustee
Transfers from Other Plans.
Any member may purchase credit for service, to the extent
specified in this title, with rollovers from an eligible retirement
plan as defined by the Internal Revenue Code of 1986, as amended from
time to time. A member may also purchase permissive service credit,
as defined by Code Section 415(n)(3)(A), with a direct trustee-to-
trustee transfer from a governmental Code Section 403(b) plan or
governmental Code Section 457(b) plan. All rollovers and direct
trustee-to-trustee transfers shall be allowed to the extent permitted
*+,-11'121#+,, .;!$
by federal law. Rollovers or direct transfers in excess of the
amount necessary to purchase such service credit shall not be
allowed.
13. Retiree Medical Benefit Fund.
The Retiree Medical Benefit Fund shall be maintained as a
subaccount under the Retirement Benefit Fund. The Retiree Medical
Benefit Fund is composed of all assets contributed to this subaccount
to pay the retirement system's portion of the monthly retiree health
insurance benefits described in Section 1316.3 of Title 74 of the
Oklahoma Statutes. All allocated assets and the earnings thereon in
the Retiree Medical Benefit Fund shall be held for the exclusive
purpose of providing retiree medical benefits pursuant to Section
1316.3 of Title 74 of the Oklahoma Statutes. The Retiree Medical
Benefit Fund shall be administered in accordance with the
requirements under Section 401(h) of the Internal Revenue Code of
1986, as amended from time to time. An amount necessary to pay the
health insurance premiums for retired members as provided by Section
1316.3 of Title 74 of the Oklahoma Statutes shall be deposited each
month into the Retiree Medical Benefit Fund.
Added by Laws 1969, c. 157, § 8, operative Aug. 2, 1969. Amended by
Laws 1970, c. 176, § 5, operative Aug. 2, 1970; Laws 1974, c. 246, §
3, operative July 1, 1974; Laws 1975, c. 353, § 3, operative July 1,
1975; Laws 1976, c. 252, § 2, operative July 1, 1976; Laws 1978, c.
238, § 6, eff. July 1, 1978; Laws 1993, c. 239, § 46, eff. July 1,
1993; Laws 1994, c. 380, § 3, eff. July 1, 1994; Laws 1999, c. 402, §
1, eff. July 1, 2001; Laws 2001, c. 33, § 114, eff. July 1, 2001;
Laws 2002, c. 354, § 1, eff. July 1, 2002; Laws 2010, c. 357, § 4,
eff. July 1, 2010; Laws 2011, c. 290, § 1.
NOTE: Laws 1974, c. 243, § 1 repealed by Laws 1975, c. 353, § 4,
operative July 1, 1975.
NOTE: Laws 2000, c. 235, § 1 amended the effective date of Laws
1999, c. 402, § 1 from July 1, 2000, to July 1, 2001.
NOTE: Sections 17-101 through 17-119 of this title were designated
Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24-
122, eff. July 2, 1971.
§70-17-108.1. Contributions - Amount - Payment.
A. 1. Except as provided in paragraph 2 of this subsection, the
employer of any member of the Teachers' Retirement System of Oklahoma
shall make the following contributions to the System:
a. beginning July 1, 1998, through June 30, 1999, eleven
and one-half percent (11 1/2%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level of the member,
b. beginning July 1, 1999, through June 30, 2000, four and
eight-tenths percent (4.8%) of the regular annual
*+,-11'121#+,, .;!$)
compensation of the member not in excess of any
applicable maximum compensation level of the member,
c. beginning July 1, 2000, through June 30, 2001, five and
eight-tenths percent (5.8%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level of the member,
d. beginning July 1, 2001, through June 30, 2002, six and
eight-tenths percent (6.8%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level of the member,
e. beginning July 1, 2002, through December 31, 2006,
seven and five-hundredths percent (7.05%) of the
regular annual compensation of the member not in excess
of any applicable maximum compensation level of the
member,
f. beginning January 1, 2007, through June 30, 2007, seven
and six-tenths percent (7.6%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level of the member,
g. beginning July 1, 2007, through December 31, 2007,
seven and eighty-five hundredths percent (7.85%) of the
regular annual compensation of the member not in excess
of any applicable maximum compensation level of the
member,
h. beginning January 1, 2008, through June 30, 2008, eight
and thirty-five hundredths percent (8.35%) of the
regular annual compensation of the member not in excess
of any applicable maximum compensation level of the
member,
i. beginning July 1, 2008, through December 31, 2008,
eight and five-tenths percent (8.5%) of the regular
annual compensation of the member not in excess of any
applicable maximum compensation level of the member,
j. beginning January 1, 2009, through December 31, 2009,
nine percent (9%) of the regular annual compensation of
the member not in excess of any applicable maximum
compensation level of the member,
k. beginning January 1, 2010, through June 30, 2010, nine
and five-tenths percent (9.5%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level of the member,
and
l. beginning July 1, 2010, through June 30, 2011, and for
each fiscal year thereafter, nine and five-tenths
percent (9.5%) of the regular annual compensation of
the member not in excess of any applicable maximum
compensation level of the member.
*+,-11'121#+,, .;!$!
The employer contribution rate increase that would otherwise be
effective, as provided by subparagraphs f, g, h, i, j, k and l of
this paragraph, shall not become effective as law unless funding
levels to each of the affected participating employers within the
System are increased so that the additional employer contribution
obligation is funded through an appropriation or transfer of monies
instead of requiring the additional employer contribution to be paid
for from existing budgetary resources of such participating
employers. The participating employers shall use any monies
specifically made available for purposes of making employer
contributions for such purpose and to the extent of the funds made
available for that purpose.
2. a. Beginning January 1, 2007, through December 31, 2007, a
participating employer that employs an employee of a
comprehensive university or a regional institution
offering a four-year degree program as designated or
authorized by the Oklahoma State Regents for Higher
Education shall make contributions to the System with
respect to such employees at the rate of seven and
five-hundredths percent (7.05%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level.
b. Beginning January 1, 2008, through December 31, 2008, a
participating employer that employs an employee of a
comprehensive university or a regional institution
offering a four-year degree program as designated or
authorized by the Oklahoma State Regents for Higher
Education shall make contributions to the System with
respect to such employees at the rate of seven and
fifty-five hundredths percent (7.55%) of the regular
annual compensation of the member not in excess of any
applicable maximum compensation level of the member.
c. Beginning January 1, 2009, through December 31, 2009, a
participating employer that employs an employee of a
comprehensive university or a regional institution
offering a four-year degree program as designated or
authorized by the Oklahoma State Regents for Higher
Education shall make contributions to the System with
respect to such employees at the rate of eight and five
hundredths percent (8.05%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level of the member.
d. Beginning January 1, 2010, through June 30, 2010, a
participating employer that employs an employee of a
comprehensive university or a regional institution
offering a four-year degree program as designated or
authorized by the Oklahoma State Regents for Higher
*+,-11'121#+,, .;!$
Education shall make contributions to the System with
respect to such employees at the rate of eight and
fifty-five hundredths percent (8.55%) of the regular
annual compensation of the member not in excess of any
applicable maximum compensation level of the member.
e. Beginning July 1, 2010, through June 30, 2011, and for
each fiscal year thereafter, a participating employer
that employs an employee of a comprehensive university
or a regional institution offering a four-year degree
program as designated or authorized by the Oklahoma
State Regents for Higher Education shall make
contributions to the System with respect to such
employees at the rate of eight and fifty-five
hundredths percent (8.55%) of the regular annual
compensation of the member not in excess of any
applicable maximum compensation level of the member.
The employer contribution rate increase that would otherwise be
effective as provided by subparagraphs b, c, d and e of this
paragraph shall not become effective as law unless funding levels are
increased so that the additional employer contribution obligation is
funded through such an appropriation or transfer of monies instead of
requiring the additional employer contribution to be paid for from
existing budgetary resources of such participating employers. The
participating employers shall use any monies specifically made
available for purposes of making employer contributions for such
purpose and to the extent of the funds made available for that
purpose.
3. Any employer contribution paid to the System pursuant to this
subsection shall not be considered as salary, fringe benefit, or
total compensation due to members for the purpose of meeting any
legislative or contractual obligation of the employer.
B. For entities or institutions within The Oklahoma State System
of Higher Education, the contributions to the System shall be made on
regular annual compensation of a member who is an employee of such
entity or institution not to exceed the maximum compensation level in
effect for the member as prescribed by law.
C. Employers paying contributions to the System pursuant to
subsection A or B of this section shall receive credit for that
portion of the gross production tax on natural gas and/or casinghead
gas apportioned to the System pursuant to subsection 2 of Section
1004 of Title 68 of the Oklahoma Statutes in meeting the total
required employer contribution. On an annual basis, the Board of
Trustees of the Teachers' Retirement System of Oklahoma shall
estimate the net additional cost required to be paid by the
contributing employers in order to meet the total employer
contribution as provided in subsection A or B of this section. The
Board of Trustees shall approve the amount of the additional
*+,-11'121#+,, .;!$"
contribution required to be paid by contributing employers as a
percentage of total member salaries and fringe benefits for each
fiscal year ending June 30, no later than April 1 of the previous
fiscal year. In no event shall the additional contribution required
to be paid by the contributing employer under this subsection be less
than the contribution required under this subsection in the prior
year. In the event actual contributions do not equal the required
total contribution as provided in subsection A or B of this section,
the net difference between the actual contributions and the required
total contributions shall be determined and shall be included in the
amount of the additional contribution required to be paid by
contributing employers for the next fiscal year. All contributing
employers shall pay the same percentage of total member salaries and
fringe benefits during each fiscal year. The provisions of this
subsection shall terminate June 30, 1999.
D. Any school district, state college or university, State Board
of Education, State Board of Career and Technology Education, or
other state agency may, for and on behalf of any member of the
System, pay all or any portion of the contribution required by
Section 17-108 of this title. Provided, the contribution so paid by
any school district, state college or university, State Board of
Education, State Board of Career and Technology Education, or other
state agency shall be and remain subject to the withdrawal provisions
set forth under the System. Wherever the term "contribution" is
used, it shall be deemed to include contributions paid for and on
behalf of a member by a school district, state college or university,
State Board of Education, State Board of Career and Technology
Education, or other state agency.
E. All participating employers shall provide a complete record
of the total compensation paid to each employee, including any person
who is a retired member of the System, whether or not employer and
employee contributions are made with respect to such compensation.
The employer shall provide the report required by this subsection on
a monthly basis on a form or using such method as the Teachers'
Retirement System of Oklahoma may require and shall provide a
comprehensive annual report showing the correct compensation, service
credit and contributions for the prior fiscal year. Each
participating employer shall provide reasonable access to its payroll
records, records of contribution payments to the System and all other
records relevant to the participation of its employees in the System,
to the System, its employees or authorized agents. A participating
employer shall cooperate with auditors retained by the System to
audit its financial statements or otherwise audit the financial
operations of the System.
Added by Laws 1976, c. 252, § 3, operative July 1, 1976; Laws 1978,
c. 238, § 7, eff. July 1, 1978; Laws 1988, c. 165, § 25, operative
July 1, 1988; Laws 1990, c. 340, § 28, eff. July 1, 1990; Laws 1992,
*+,-11'121#+,, .;!$
c. 376, § 9, eff. July 1, 1992; Laws 1994, c. 351, § 7, eff. July 1,
1994; Laws 1995, c. 333, § 1, eff. July 1, 1995; Laws 1996, c. 359, §
2, eff. July 1, 1996; Laws 1998, c. 317, § 6, eff. July 1, 1998; Laws
2001, c. 33, § 115, eff. July 1, 2001; Laws 2006, 2nd Ex.Sess., c.
46, § 4, eff. July 1, 2006; Laws 2007, c. 1, § 72, emerg. eff. Feb.
22, 2007; Laws 2007, c. 105, § 1, eff. Nov. 1, 2007; Laws 2007, c.
366, § 1, eff. Nov. 1, 2007; Laws 2016, c. 129, § 4, eff. Nov. 1,
2016.
NOTE: Laws 2006, c. 46, 2nd Ex. Sess., § 32 repealed by Laws 2007,
c. 1, § 73, emerg. eff. Feb. 22, 2007.
§70-17-108.2. Picked up contributions.
A. Beginning July 1, 2019, and for each plan year thereafter, a
person employed by any school district or employed by a technology
center school district, who holds a valid certificate issued by the
State Department of Education or the State Board of Career and
Technology Education, and is employed on a full-time basis to serve
as a teacher, principal, supervisor, administrator, superintendent,
counselor, librarian or certified or registered nurse shall have
credited against the employee contribution amount, an annual amount
based upon qualifying years of service as follows:
YEARS OF SERVICE CREDIT AMOUNT
0 $60.15
1 $103.41
2 $145.65
3 $188.15
4 $233.33
5 $278.76
6 $325.26
7 $372.82
8 $421.44
9 $471.12
10 $521.87
11 $573.67
12 $626.54
13 $680.48
14 $735.47
15 $791.53
16 $848.65
17 $906.83
18 $966.07
19 $1,026.38
20 $1,087.75
21 $1,150.18
22 $1,213.68
23 $1,278.23
24 $1,343.85
*+,-11'121#+,, .;!(
25 or more $1,410.53
B. The state shall pick up for tax purposes and pay the annual
amount prescribed by subsection A of this section, based upon the
conditions prescribed by subsection A of this section, to the
Teachers' Retirement System. The annual amount prescribed by
subsection A of this section shall be divided into monthly amounts as
may be required in order to give full effect to the credit amount
without the necessity of dividing the annual credit amount into
twelve (12) equal installments.
C. If an eligible member under this section terminates service
prior to June 30 of any applicable plan year, the amounts prescribed
by subsection A of this section, and transferred to the Teachers'
Retirement System from the State Board of Education and the State
Board of Career and Technology Education shall be retained by the
Teachers' Retirement System of Oklahoma and treated as an actuarial
gain of the System.
D. If an employing school district has contractually committed
to make payment of the employee contributions required by Section 17-
116.2 of this title for a member who is eligible for the credit
amount prescribed by subsection A of this section for the fiscal
year, using funds available to the district and not by effecting the
employee contribution through a deduction from the member's gross
salary, the district shall pay additional compensation to each of its
eligible teachers in an amount equal to the amount prescribed by
subsection A of this section based upon the number of years of
teaching experience of the eligible member.
E. If an eligible member is hired by a school district or a
technology center school district and receives compensation for less
than one hundred eighty (180) days of service, the district shall
determine a pro rata amount of the annual credit amount and shall pay
additional compensation to the member equal to the pro rata amount
for each month during which the member is employed. The monthly
credit amount for such member shall be added to the member's
compensation beginning with the first full month during which the
member is employed by the district.
F. The amount required to be added to the compensation of the
eligible member pursuant to subsection D of this section shall be
subject to any applicable federal or state taxes upon the additional
income.
G. The amount required to be added to the compensation of the
eligible member pursuant to subsection D of this section shall not be
treated as regular annual compensation for purposes of Section 17-
116.2 of this title or as salary or fringe benefits for purposes of
determining any applicable statutory minimum salary requirements or
for purposes of meeting the requirements of any locally adopted
salary schedule.
*+,-11'121#+,, .;!(
H. The employing district shall prepare its payroll records to
reflect that the total employee contribution amount, for the salary
not in excess of the applicable minimum salary amount, has been paid
pursuant to a combination of the payment from the funds of the
employing district and the amount credited to the employee
contribution account of the member pursuant to subsection A of this
section.
I. If an employing school district has contractually committed
to deduct employee contributions required by Section 17-116.2 of this
title by effecting the employee contribution through a deduction from
the member's gross salary, the district shall decrease the amount of
the payroll deduction for such employee contribution by the amount as
prescribed in subsection A of this section, based upon the number of
years of teaching experience of the member. The amount required to
be subtracted from the amount by which the employee's gross salary
would otherwise be reduced pursuant to this subsection shall be
subject to any applicable federal or state taxes. The employing
district shall prepare its payroll records to reflect that the total
employee contribution amount, for the salary not in excess of the
applicable minimum salary amount, has been paid pursuant to a
combination of the deduction from the member's salary and the amount
credited to the employee contribution account of the member pursuant
to subsection A of this section.
Added by Laws 1997, c. 300, § 1, eff. July 1, 1997. Amended by Laws
1998, c. 378, § 1, eff. July 1, 1998; Laws 2000, c. 418, § 82, eff.
July 1, 2000; Laws 2001, c. 33, § 116, eff. July 1, 2001; Laws 2019,
c. 268, § 3, eff. July 1, 2019.
§70-17-109. Exemption from legal process.
A. Except as otherwise provided by this section, the right of a
person to an annuity or a retirement allowance, to the return of
contributions, annuity, or retirement allowance itself, any optional
benefit, or any other right accrued or accruing to any person under
the provisions of this act, and the monies in the various funds
created by this act, are hereby exempt from levy and sale,
garnishment, attachment or any other process whatsoever, and shall be
unassignable except as in this act specifically provided.
Notwithstanding the foregoing, the Board of Trustees may approve any
offset of a member's benefit to pay a judgment or settlement against
a member for a crime involving the System, for a breach of the
member's fiduciary duty to the System, or for funds or monies
incorrectly paid to a member or a beneficiary by mistake, provided
such offset is in accordance with the requirements of Section 401(a)
(13) of the Internal Revenue Code of 1986.
B. 1. The provisions of subsection A of this section shall not
apply to a qualified domestic order as provided pursuant to this
subsection.
*+,-11'121#+,, .;!($
2. The term "qualified domestic order" means an order issued by
a district court of this state pursuant to the domestic relation laws
of the State of Oklahoma which relates to the provision of marital
property rights to a spouse or former spouse of a member or provision
of support for a minor child or children and which creates or
recognizes the existence of the right of an alternate payee, or
assigns to an alternate payee the right, to receive a portion of the
benefits payable with respect to a member of the Retirement System.
3. For purposes of the payment of marital property, to qualify
as an alternate payee, a spouse or former spouse must have been
married to the related member for a period of not less than thirty
(30) continuous months immediately preceding the commencement of the
proceedings from which the qualified domestic order issues.
4. A qualified domestic order is valid and binding on the Board
of Trustees and the related member only if it meets the requirements
of this subsection.
5. A qualified domestic order shall clearly specify:
a. the name and last-known mailing address (if any) of the
member and the name and mailing address of the
alternate payee covered by the order,
b. the amount or percentage of the member's benefits to be
paid by the Retirement System to the alternate payee,
c. the number of payments or period to which such order
applies,
d. the characterization of the benefit as to marital
property rights or child support, and
e. each plan to which such order applies.
6. A qualified domestic order meets the requirements of this
subsection only if such order:
a. does not require the Retirement System to provide any
type or form of benefit, or any option not otherwise
provided under state law as relates to the Retirement
System,
b. does not require the Retirement System to provide
increased benefits, and
c. does not require the payment of benefits to an
alternate payee which are required to be paid to
another alternate payee pursuant to another order
previously determined to be a qualified domestic order
or an order recognized by the Retirement System as a
valid order prior to the effective date of this act.
7. A qualified domestic order shall not require payment of
benefits to an alternate payee prior to the actual retirement date or
withdrawal of the related member.
8. The obligation of the Retirement System to pay an alternate
payee pursuant to a qualified domestic order shall cease upon the
death of the related member.
*+,-11'121#+,, .;!((
9. This subsection shall not be subject to the provisions of the
Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A.
Section 1001, et seq., as amended from time to time, or rules and
regulations promulgated thereunder, and court cases interpreting said
act.
10. The Board of Trustees of the Teachers' Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this subsection.
11. An alternate payee who has acquired beneficiary rights
pursuant to a valid qualified domestic order must fully comply with
all provisions of the rules promulgated by the Board of Trustees
pursuant to this subsection in order to continue receiving his or her
benefit.
Added by Laws 1969, c. 157, § 9, operative Aug. 2, 1969. Amended by
Laws 1971, c. 281, § 24-122, eff. July 2, 1971; Laws 1989, c. 249, §
43, eff. Jan. 1, 1989; Laws 1993, c. 322, § 17, emerg. eff. June 7,
1993; Laws 1998, c. 198, § 8, eff. Nov. 1, 1998; Laws 1999, c. 257, §
27, eff. July 1, 1999.
§70-17-109.1. Confidentiality of records.
All information, documents and copies thereof contained in a
member's retirement file shall be given confidential treatment and
shall not be made public by the System without the prior written
consent of the member to which it pertains, but shall be subject to
subpoena or court order with the exception of the member’s name, age,
amount of contributions paid in, benefits being paid, amount of
credited service and any documents verifying credits, service, or
benefits which shall not be subject to the confidentiality provisions
of this section.
Added by Laws 1986, c. 259, § 62, operative July 1, 1986. Amended by
Laws 1986, c. 260, § 1, operative July 1, 1986; Laws 2010, c. 357, §
5, eff. July 1, 2010.
NOTE: Sections 17-101 through 17-119 of this title were designated
Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24-
122, eff. July 2, 1971.
§70-17-110. Fraud - Errors in record.
Any person who shall knowingly make any false statement or shall
falsify or permit to be falsified, any record or records of this
retirement system in any attempt to defraud such system as a result
of such act shall be guilty of a felony. Should any charge or error
in the records result in any member or beneficiary receiving from the
retirement system more or less than he would have been entitled to
receive had the records been correct, the Board of Trustees shall
correct such error, and so far as practicable, shall adjust the
payment in such a manner that the actuarial equivalent of the benefit
to which such member or beneficiary was correctly entitled shall be
*+,-11'121#+,, .;!(
paid, and to take from the Interest Fund sufficient to reimburse the
Fund where an overpayment had already been made, and any such
overpayment recovered from the member shall be placed in the Interest
Fund.
Added by Laws 1969, c. 157, § 10, operative Aug. 2, 1969. Amended by
Laws 1971, c. 281, § 24-122, eff. July 2, 1971; Laws 1997, c. 133, §
575, eff. July 1, 1998.
§70-17-111. Official bonds.
The Treasurer of the State of Oklahoma shall upon becoming
custodian of the Teachers' Retirement Fund, give a bond in the sum of
Fifty Thousand Dollars ($50,000.00); the Executive Director shall
give bond in the sum of Twenty-five Thousand Dollars ($25,000.00);
and the Board of Trustees shall require any other employees and
members of the Board of Trustees to give bond in such amounts as the
Board may deem necessary, conditioned that said bonded persons will
faithfully execute the duties of the respective offices. All bonds
shall be made with a good and solvent surety company, authorized to
do business in the State of Oklahoma; said bonds shall be made
payable to the Board of Trustees and shall be approved by it and the
Attorney General of Oklahoma. All expense necessary and incident to
the execution of such bonds, including premiums thereon, shall be
paid by the Board of Trustees from the Expense Fund.
Added by Laws 1969, c. 157, § 11, operative Aug. 2, 1969. Amended by
Laws 2010, c. 357, § 6, eff. July 1, 2010.
NOTE: Sections 17-101 through 17-119 of this title were designated
Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24-
122, eff. July 2, 1971.
§70-17-112. Audit of funds, accounts and assets.
It shall be the duty of the State Auditor and Inspector to audit
annually the funds, accounts and assets of the Teachers' Retirement
System.
Laws 1969, c. 157, § 12, operative Aug. 2, 1969; Laws 1971, c. 281, §
24-122, eff. July 2, 1971; Laws 1978, c. 238, § 8, eff. July 1, 1978.
§70-17-113. Time spent in military service - Limitations.
In determining annual increments for teacher salaries and in
computing Foundation Aid, time spent in military service during a
period of national emergency shall be counted, not to exceed five (5)
years prior to the current year. No more than five (5) years of such
military service shall be used in determining eligibility or benefits
under the Teachers' Retirement System.
Laws 1969, c. 157, § 13, operative Aug. 2, 1969; Laws 1971, c. 281, §
24-122, eff. July 2, 1971.
*+,-11'121#+,, .;!()
§70-17-114. Repealed by Laws 2010, c. 392, § 6, emerg. eff. June 7,
2010.
§70-17-114.1. Repealed by Laws 1981, c. 340, § 28, eff. July 1,
1981.
§70-17-114.2. Unclassified positions.
A. The executive director, assistant executive director and
secretary-treasurer of the system shall be unclassified positions.
Twenty-two (22) full-time-equivalent employees of the system shall be
unclassified administrative assistants.
B. Beginning on the effective date of this act, all offices,
positions, and personnel of the Teachers’ Retirement System of
Oklahoma shall be in the unclassified service, except as provided in
Section 840-4.2 of Title 74 of the Oklahoma Statutes. All future
appointees to positions in the Teachers’ Retirement System of
Oklahoma shall be in the unclassified service.
Added by Laws 1982, c. 329, § 6, eff. July 1, 1982. Amended by Laws
1985, c. 180, § 5, eff. July 1, 1985; Laws 1987, c. 231, § 4, eff.
July 1, 1987; Laws 2000, c. 299, § 2, eff. July 1, 2000; Laws 2010,
c. 392, § 5, emerg. eff. June 7, 2010; Laws 2011, c. 1, § 43, emerg.
eff. March 18, 2011.
NOTE: Laws 2010, c. 357, § 7 repealed by Laws 2011, c. 1, § 44,
emerg. eff. March 18, 2011.
§70-17-115. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-17-116. Repealed by Laws 2019, c. 268, § 7, eff. July 1, 2019.
§70-17-116.1. Increase in retirement benefits.
A. Every annuitant receiving retirement benefits from the system
as of June 30, 1986, shall receive, on July 1, 1986, a six percent
(6%) increase in retirement benefits.
B. Any member who retires during the period beginning July 1,
1986, through October 1, 1986, shall receive a six percent (6%)
increase in their monthly benefit as computed pursuant to the
provisions of Sections 17-101 through 17-116 of this title and
Section 17-116.2 of this title.
Amended by Laws 1985, c. 180, § 6, eff. July 1, 1985; Laws 1986, c.
283, § 4, operative July 1, 1986.
§70-17-116.2. Retirement allowance - Calculation - Contribution
rates and benefits – Service credits.
A. 1. Beginning July 1, 1987, and prior to July 1, 1995, a
member who retires on or after the member's normal retirement age or
whose retirement is because of disability shall receive an annual
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allowance for life, payable monthly, in an amount equal to two
percent (2%) of the member's highest three-year average salary upon
which member contributions were made, multiplied by the number of the
member's years of creditable service.
A classified member who retired prior to July 1, 1986, shall have
the member's retirement allowance calculated on a minimum average
salary of Eleven Thousand Five Hundred Dollars ($11,500.00) or on the
member's current minimum average salary plus Two Thousand Dollars
($2,000.00), whichever is greater. Beginning July 1, 1994, a
classified member who retired prior to July 1, 1993, shall have the
member's retirement allowance calculated on the member's current
minimum average salary plus Five Hundred Fifty Dollars ($550.00). An
unclassified member who retired prior to July 1, 1986, shall have the
member's retirement allowance calculated on a minimum average salary
of Nine Thousand Five Hundred Dollars ($9,500.00) or on the member's
current minimum average salary plus One Thousand Dollars ($1,000.00),
whichever is greater. Beginning July 1, 1994, an unclassified member
who retired prior to July 1, 1993, shall have the member's retirement
allowance calculated on the member's current minimum average salary
plus Two Hundred Seventy-five Dollars ($275.00). Those individuals
receiving benefits pursuant to subsection (3) of Section 17-105 of
this title whose benefits commenced prior to July 1, 1993, shall
receive an increase in benefits of two and one-half percent (2 1/2%).
No retirement benefit payments shall be made retroactively.
For those members retiring before normal retirement age, except
for those members retiring because of a disability, the retirement
allowance shall be subject to adjustment in accordance with the
actuarial equivalent factors adopted by the Board of Trustees.
2. Beginning July 1, 1995, a member, who has no service
performed on or after July 1, 1995, for an entity or institution
within The Oklahoma State System of Higher Education, who retires on
or after the member's normal retirement age or whose retirement is
because of disability shall receive an annual allowance for life,
payable monthly as follows:
a. if the member becomes a member after June 30, 1995, and
was not eligible to become a member prior to July 1,
1995, in an amount equal to two percent (2%) of the
member's average salary upon which member contributions
were made, multiplied by the number of the member's
years of creditable service, or
b. if the member became a member or is eligible to become
a member prior to July 1, 1995, and elected to have a
maximum compensation level in excess of Twenty-five
Thousand Dollars ($25,000.00) pursuant to paragraph 1
of subsection C of this section or pursuant to
subsection E of this section, or if the member's salary
has never exceeded Twenty-five Thousand Dollars
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($25,000.00) prior to July 1, 1995, in an amount equal
to:
(1) two percent (2%) of the member's average salary
upon which member contributions were made not to
exceed Forty Thousand Dollars ($40,000.00),
multiplied by the number of the member's years of
credited service authorized and performed prior to
July 1, 1995, plus any years of prior service
authorized under this title, plus
(2) two percent (2%) of the member's average salary
upon which member contributions were made,
multiplied by the number of the member's years of
credited service authorized and performed after
June 30, 1995, or
c. if the member became a member or is eligible to become
a member prior to July 1, 1995, and was eligible to
elect to have a maximum compensation level in excess of
Twenty-five Thousand Dollars ($25,000.00) and did not
elect or elected not to have a maximum compensation
level of Forty Thousand Dollars ($40,000.00) pursuant
to paragraph 1 of subsection C of this section or
pursuant to subsection E of this section, in an amount
equal to:
(1) two percent (2%) of the member's average salary
upon which member contributions were made not to
exceed Twenty-five Thousand Dollars ($25,000.00),
multiplied by the number of the member's years of
credited service authorized and performed prior to
July 1, 1995, plus any years of prior service
authorized under this title, plus
(2) two percent (2%) of the member's average salary
upon which member contributions were made,
multiplied by the number of the member's years of
credited service authorized and performed after
June 30, 1995.
B. Except as otherwise provided for in this section, the amount
contributed by each member to the retirement system shall be:
1. Beginning July 1, 1992, through June 30, 1996, six percent
(6%) of the regular annual compensation of such member not in excess
of Twenty-five Thousand Dollars ($25,000.00) and beginning July 1,
1995, through June 30, 1996, six percent (6%) of the maximum
compensation level;
2. Beginning July 1, 1996, through June 30, 1997, six and one-
half percent (6 1/2%) of the regular annual compensation of members,
who are not employed by an entity or institution within The Oklahoma
State System of Higher Education not in excess of Twenty-five
Thousand Dollars ($25,000.00) and beginning July 1, 1996, through
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June 30, 1997, six and one-half percent (6 1/2%) of the regular
annual compensation of members, who are employed by an entity or
institution within The Oklahoma State System of Higher Education, not
in excess of Twenty-five Thousand Dollars ($25,000.00);
3. Beginning July 1, 1997, seven percent (7%) of the regular
annual compensation of the member not in excess of any applicable
maximum compensation level of the member; and
4. All public schools in this state shall treat the employee
contributions as being picked up under the provisions of Section 414
(h)(2) of the Internal Revenue Code of 1986 in determining tax
treatment.
Subject to Internal Revenue Service approval, paragraph 4 of this
subsection shall not apply to a comprehensive university group
established on or before July 1, 1998, whose employee contributions
were consistently treated as not picked up as of July 1, 1998, and at
all times thereafter.
C. 1. Prior to July 1, 1995, an active member of the System may
elect to have a maximum compensation level of Forty Thousand Dollars
($40,000.00). Such an election shall be made in writing and filed
with the System. Members whose salaries are in excess of Twenty-five
Thousand Dollars ($25,000.00) on July 20, 1987, shall file the
election with the System prior to January 1, 1988. Members whose
salaries exceed Twenty-five Thousand Dollars ($25,000.00) after July
20, 1987, shall file the election when the salary exceeds Twenty-five
Thousand Dollars ($25,000.00). If a member makes such an election,
the member shall contribute the following amounts:
a. beginning July 1, 1992, through June 30, 1993, eleven
percent (11%) of the regular annual compensation of
such member that is in excess of Twenty-five Thousand
Dollars ($25,000.00) and is not in excess of Forty
Thousand Dollars ($40,000.00),
b. beginning July 1, 1993, through June 30, 1994, nine
percent (9%) of the regular annual compensation of such
member that is in excess of Twenty-five Thousand
Dollars ($25,000.00) and is not in excess of Forty
Thousand Dollars ($40,000.00), and
c. beginning July 1, 1994, through June 30, 1995, eight
percent (8%) of the regular annual compensation of such
member that is in excess of Twenty-five Thousand
Dollars ($25,000.00) and is not in excess of Forty
Thousand Dollars ($40,000.00). Except as provided in
subsection E of this section, any such election shall
be irrevocable.
2. After June 30, 1995, in addition to the amount contributed by
each member to the retirement system pursuant to subsection B of this
section, the total amount contributed by each member to the
retirement system shall include, beginning July 1, 1995, through June
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30, 1997, seven percent (7%) of the regular annual compensation of
each member, who is not employed by an entity or institution within
The Oklahoma State System of Higher Education, that is in excess of
Twenty-five Thousand Dollars ($25,000.00) and beginning July 1, 1996,
through June 30, 1997, seven percent (7%) of the regular annual
compensation of each member who is employed by an entity or
institution within The Oklahoma State System of Higher Education in
excess of Twenty-five Thousand Dollars ($25,000.00), but not in
excess of any applicable maximum compensation level of the member.
D. 1. Any member who was a contributing member of the
Retirement System between July 1, 1987, and June 30, 1995, who at the
time the member was eligible to make an election to increase the
maximum compensation level of the member, failed to make an election
or chose not to increase the maximum compensation level of the member
to Forty Thousand Dollars ($40,000.00), may elect to make back
contributions to the Retirement System. The member shall complete a
new election form and file with the Board of Trustees, the form and a
payment equaling the difference between the amount contributed at the
twenty-five-thousand-dollar level and the appropriate contribution on
compensation in excess of Twenty-five Thousand Dollars ($25,000.00)
up to a maximum of Forty Thousand Dollars ($40,000.00) shall be made
prior to the official retirement date of the member. The required
payment shall include any contribution required by the employing
school district, and shall include interest compounded annually at
ten percent (10%) per annum of both employer and employee
contributions.
2. Any changes made pursuant to this subsection shall be
irrevocable.
E. 1. An individual who withdrew from the Teachers' Retirement
System and whose salary was in excess of Seven Thousand Eight Hundred
Dollars ($7,800.00) and had elected to contribute only on Seven
Thousand Eight Hundred Dollars ($7,800.00) before his or her
withdrawal shall contribute on the earning ceiling as provided for in
this section on his or her reentry into membership in the Teachers'
Retirement System.
2. An individual who elected to contribute on a maximum of Seven
Thousand Eight Hundred Dollars ($7,800.00) per annum shall, beginning
July 1, 1979, contribute on his or her earning ceiling as provided
for in this section.
3. Any member who elected to contribute on Seven Thousand Eight
Hundred Dollars ($7,800.00) prior to January 1, 1978, and whose
salary was more than Seven Thousand Eight Hundred Dollars ($7,800.00)
during the school years 1974-75 through 1978-79 may elect to make
back contributions to the retirement system by paying the five
percent (5%) contributions on the difference between Seven Thousand
Eight Hundred Dollars ($7,800.00) and the actual salary of the
member, not to exceed Ten Thousand Dollars ($10,000.00) for each
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applicable school year, plus interest compounded annually at ten
percent (10%) per annum. Such payment shall be made prior to the
official retirement date of the member.
F. Each employer shall cause to be deducted from the salary of
each member on each and every payroll of such employer for each and
every payroll period, the proper percentage of his or her earnable
compensation as provided for in subsection B or subsection C of this
section.
1. Deductions shall begin with the first payroll period of the
school year. In determining the amount earnable by a member in a
payroll period, the Board of Trustees shall consider the rate of
annual compensation payable to such member on the first day of the
payroll period as continuing throughout such payroll period, and it
may omit deductions from compensation for any period less than a full
period, and to facilitate the making of deductions, it may modify the
deduction required of any member by such an amount as shall not
exceed one-tenth of one percent (1/10 of 1%) of the annual
compensation upon the basis of which such deduction is to be made.
Prior to January 1, 1991, any active contributing member who joined
the System subsequent to July 1, 1943, may pay the normal cost, which
shall mean the single sum which would have been paid under existing
statutes at the time the service was performed, plus interest, for
years of teaching service in Oklahoma from the date of establishment
of the System in 1943 to date of membership, in a lump sum, or in
installments equal to establishing one (1) year of creditable
service. Effective January 1, 1991, any active contributing member
who joined the System subsequent to July 1, 1943, may pay the amount
determined by the Board of Trustees pursuant to Section 17-116.8 of
this title for years of teaching service in Oklahoma from the date of
establishment of the System in 1943 to date of membership, in a lump
sum, or in installments equal to establishing one (1) year of
creditable service. For purposes of this option, teaching service in
Oklahoma shall include the teaching of vocational agricultural
courses within Oklahoma for the federal government. Years for which
contributions are paid shall count as membership service under this
plan. A member may receive credit for not more than five (5) years
of teaching service rendered while in the Peace Corps or in the
public schools of a territory of the United States or the public
schools, American Military Dependent Schools or state colleges or
state universities outside this state by paying his or her
contributions, plus interest, and membership fees to the retirement
system, subject to the regulations of the Board of Trustees,
providing he or she is not receiving and is not eligible to receive
retirement credit or benefits from said service in any other public
retirement system of this state, or any other state or territory of
the United States subject to the following provisions:
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a. the member is required to have two (2) years of
employed service teaching earned in Oklahoma for each
year of Peace Corps, territorial, out-of-state,
noncovered in-state or military membership credit
granted.
b. prior to January 1, 1991, the out-of-state or
noncovered in-state payment shall be the normal cost,
which means the single sum which would have been paid
under existing law at the time the service was
performed, plus interest, on the basis of what his or
her annual salary would have been in Oklahoma or out of
state, whichever is greater, had he or she been
employed as a teacher. Effective January 1, 1991, the
Peace Corps, territorial, out-of-state or noncovered
in-state payment shall be the amount determined by the
Board of Trustees pursuant to Section 17-116.8 of this
title.
2. In addition to the deductions hereinabove provided for, any
member who becomes a member of the Armed Forces of the United States
of America during any period of national emergency, including World
War II, the Korean conflict, the Vietnam conflict or others as may be
determined by the Board of Trustees, or whose entrance into or
training for the teaching profession was interrupted by his or her
entrance into the Armed Forces, and who was or shall have become a
member of the Teachers' Retirement System shall be granted the
privilege of making up his or her five percent (5%) contributions as
provided for in this section until January 1, 1991, for not to exceed
five (5) years of service in the Armed Forces by electing to pay said
contributions on the basis of the rate of pay in his or her contract
as a teacher at the time his or her service in the Armed Forces
commenced or in the case of a teacher who was not teaching prior to
entering the Armed Forces, on the basis of the salary of the first
year of teaching after being honorably discharged from the Armed
Forces. Effective January 1, 1991, the member will receive such
service upon payment of the amount determined by the Board of
Trustees pursuant to Section 17-116.8 of this title. Such
contributions shall be credited in the regular manner, and the period
for which said contributions were paid shall be counted as creditable
years of service and allocated to the period during which the
military service was rendered, except that the period for which
contributions were paid must have been continuous and shall be
credited in the aggregate, regardless of fiscal year limitations.
Notwithstanding any provision herein to the contrary, contributions,
benefits and service credit with respect to qualified military
service as defined by Section 414(u) of the Internal Revenue Code of
1986 shall be provided in accordance with Section 414(u) of the
Internal Revenue Code.
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3. Retirement benefits for all service credits purchased
pursuant to this subsection shall be determined in accordance with
the provisions of paragraph 2 of this subsection.
G. Effective July 1, 2004, the total creditable service of a
member who retires or terminates employment and elects a vested
benefit shall include not to exceed one hundred twenty (120) days of
unused sick leave accumulated subsequent to August 1, 1959. Twenty
(20) days of unused sick leave shall equal one (1) month for purposes
of creditable service credit. If the member becomes a member or was
eligible to become a member prior to July 1, 1995, the year of credit
received in this section shall be treated as service earned prior to
July 1, 1995. This subsection shall apply to members retiring or
vesting on or after the effective date of this act and shall not be
retroactive.
H. Any member who:
1. Shall be absent from the teaching service because of election
to the State Legislature or appointment to the executive branch in an
education-related capacity shall be allowed thirty (30) days from the
date as of which the person is officially elected or appointed to
file an election with the Teachers' Retirement System to retain his
or her membership in the Teachers' Retirement System upon payment of
the contribution required of other members and employers of said
members as provided for in this section and his or her service
credits shall continue to be accumulated during such absence,
provided he or she is not receiving retirement credits or benefits
from said service beginning after July 1, 1992, in other public
retirement systems; or
2. Became an employee of the Oklahoma Commission for Teacher
Preparation on or subsequent to June 1, 2001, but prior to July 1,
2002, who was previously employed by a participating employer within
the Teachers' Retirement System of Oklahoma, may elect to cancel any
accumulated service credit accrued within the Oklahoma Public
Employees Retirement System on or after June 1, 2001, but prior to
July 1, 2002, by filing an election with the Oklahoma Public
Employees Retirement System for the cancellation of such service
credit. The election shall be irrevocable and shall require the
Oklahoma Public Employees Retirement System to transfer all
accumulated employer and employee contributions made on behalf of or
by the person making such election to the Teachers' Retirement System
for such period of time. The Teachers' Retirement System shall
compute the employee contributions that would have been made to the
System by such employee if the contributions had been computed
pursuant to this section. In order to receive the full amount of
creditable service for the period of time on or after June 1, 2001,
but not later than June 30, 2002, the employee shall be required to
pay any difference between the transferred employee contributions and
the amount computed by the Teachers' Retirement System. The employee
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may make payment of any required amount in the manner provided by and
subject to the requirements of Section 17-116.8 of this title. After
payment of all required employee contributions, the Teachers'
Retirement System shall credit the period of time represented by the
transferred employee contributions as creditable service within the
meaning of Section 17-101 of this title. After the transfer of the
employee contributions, the Oklahoma Public Employees Retirement
System shall cancel any service credit previously accumulated for the
period of time represented by such transferred employee
contributions. Any person who makes the election provided for by
this paragraph, and who continues employment with the Oklahoma
Commission for Teacher Preparation on or after July 1, 2002, shall
continue to accrue service credit in the Teachers' Retirement System
of Oklahoma. The employer shall make employer contributions
according to the requirements of Section 17-108.1 of this title and
shall provide for the deduction of employee contributions as required
by this section.
I. Any member who shall be absent from the teaching service
because of election or appointment as a local, state or national
education association officer, prior to January 1, 2011, shall be
allowed to retain his or her membership in the Teachers' Retirement
System upon payment of the contribution required of other members and
employers of said members as provided for in this section and his or
her service credits shall continue to be accumulated during such
absence. Provided, however, any one such absence shall not exceed
twelve (12) continuous years. No member who has less than ten (10)
years of contributory service on July 1, 1994, may make this election
after June 30, 1994. Members contributing to the System on July 1,
1994, may continue to contribute under this subsection until they
have completed eight (8) years allowed by this subsection. The
member may file for retirement when otherwise eligible for retirement
as provided by Section 17-105 of this title.
J. A member may receive credit for those years of service
accumulated by the member while employed by an entity which is a
participating employer in the Oklahoma Firefighters Pension and
Retirement System, the Oklahoma Police Pension and Retirement System,
the Uniform Retirement System for Justices and Judges, the Oklahoma
Law Enforcement Retirement System, or the Oklahoma Public Employees
Retirement System, if the member is not receiving or eligible to
receive retirement credit or benefits from said service in any other
public retirement system. A member also may receive credit for those
years of service with the Department of Wildlife Conservation or with
an employer that is a participating employer within one of the state
retirement systems specifically referred to in this section when at
the time of such service by the member the employer was not such a
participating employer, if the member is not receiving or eligible to
receive retirement credit or benefits from said service in any other
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public retirement system. To receive the service credit provided in
this subsection, the member shall pay the amount determined by the
Board of Trustees pursuant to Section 17-116.8 of this title. For
purposes of this subsection, creditable service transferred from the
Oklahoma Public Employees Retirement System shall include service
authorized under paragraph (f) of subsection (2) of Section 913 of
Title 74 of the Oklahoma Statutes as amended from time to time.
Members who retire prior to July 1, 1993, shall have their monthly
benefit adjusted to include all services accrued under paragraph (f)
of subsection (2) of Section 913 of Title 74 of the Oklahoma
Statutes. Provided however, any adjustment of existing retirement
benefits caused by reason of inclusion of such service authorized
under paragraph (f) of subsection (2) of Section 913 of Title 74 of
the Oklahoma Statutes shall not affect any retirement benefit paid
prior to July 1, 1993.
K. 1. An active member of the Teachers' Retirement System of
Oklahoma may receive credit for those years of service accumulated by
the member while a member of the Oklahoma Public Employees Retirement
System if:
a. the member is an active member of the Teachers'
Retirement System of Oklahoma, and
b. the member provides notice to the Oklahoma Public
Employees Retirement System and the Teachers'
Retirement System of Oklahoma of the member's election
to transfer said service credit. The notice shall
include a list of the years to be transferred, and
c. the member is not receiving or eligible to receive
retirement credit or benefits from said service in any
other public retirement system, notwithstanding the
years of service sought to be transferred under this
subsection.
Members electing to take advantage of the transfer authorized by
this subsection who are receiving or eligible to receive retirement
credit or benefits from said service in any other public retirement
system shall have all service credit with the Oklahoma Public
Employees Retirement System canceled which is not transferred to the
Teachers' Retirement System of Oklahoma or used as a cash offset in
such a transfer pursuant to subparagraph d of paragraph 2 of this
subsection. Service credit transferred to the Teachers' Retirement
System of Oklahoma under this subsection shall also be canceled with
the Oklahoma Public Employees Retirement System.
2. For purposes of this subsection, the "sending system" shall
mean the Oklahoma Public Employees Retirement System. The "receiving
system" shall mean the Teachers' Retirement System of Oklahoma.
a. Within thirty (30) days notification of an intent to
transfer is received by the sending system, the sending
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system shall, according to its own rules and
regulations:
(1) for members who have accrued at least eight (8)
years of credited service with the sending system,
determine the present value of the member's earned
benefits attributable to the years of service
sought to be transferred, discounted according to
the member's age at the time of transfer and
computed as of the earliest age at which the
member would be able to retire. Said computation
shall assume an unreduced benefit and be computed
using interest and mortality assumptions
consistent with the actuarial assumptions adopted
by the Board of Trustees for purposes of preparing
the annual actuarial evaluation, but shall not
make any projections regarding future salary. For
employees who have accrued at least eight (8)
years of credited service, the sending system
shall use the product of this calculation for
purposes of determining the transfer fee to be
paid by the employee under subparagraph c of this
paragraph so long as it is greater than the
product of the calculation in division (2) of this
subparagraph, and
(2) determine the sum of the employee and employer
contributions applicable to the years of service
sought to be transferred plus interest consistent
with the actuarial assumptions adopted by the
Board of Trustees for purposes of preparing the
annual actuarial evaluation. For all nonvested
members, and for members who have accrued at least
eight (8) years of credited service, if the
product of this calculation is greater than the
product of the calculation in division (1) of this
subparagraph, the sending system shall use the
product of this calculation for purposes of
determining the amount to be transferred by the
sending system under subparagraph c of this
paragraph and any transfer fee to be paid by the
member under subparagraph d of this paragraph.
b. Within thirty (30) days notification of an intent to
transfer is received by the receiving system, the
receiving system shall determine, according to the
system's own rules and regulations, the present value
of the member's incremental projected benefits
discounted according to the member's age at the time of
the transfer. Incremental projected benefits shall be
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the difference between the projected benefit said
member would receive without transferring the service
credit and the projected benefit after transfer of
service credit computed as of the earliest age at which
the member would be able to retire. Said computation
shall assume an unreduced benefit and be computed using
interest, salary projections and mortality assumptions
consistent with the actuarial assumptions adopted by
the Board of Trustees for purposes of preparing the
annual actuarial evaluation.
c. The sending system shall, within sixty (60) days from
the date notification of an intent to transfer is
received by the sending system, transfer to the
receiving system the amount determined in subparagraph
a of this paragraph. Except if the cost as calculated
under subparagraph a of this paragraph is greater than
the actuarial value of the incremental benefit in the
receiving system, as established in subparagraph b of
this paragraph, the sending system shall send the
receiving system an amount equal to the actuarial value
of the incremental projected benefit in the receiving
system.
d. In order to receive the credit provided for in
paragraph 1 of this subsection, if the cost of the
actuarial value of the incremental benefit to the
receiving system is greater than the cost as calculated
under subparagraph a of this paragraph for the same
years of service to the sending system as established
in subparagraphs a and b of this paragraph, the
employee shall elect to:
(1) pay any difference to receive full credit for the
years sought to be transferred, or
(2) receive prorated service credit for only the
amount received from the Oklahoma Public Employees
Retirement System pursuant to this subsection.
Such an election shall be made in writing, filed with
the System prior to receiving the credit provided for
in paragraph 1 of this subsection, and shall be
irrevocable.
3. Within sixty (60) days of successfully completing all of the
requirements for transfer under this subsection, the sending system
shall pay the receiving system any amount due under this subsection.
Within sixty (60) days of successfully completing all of the
requirements for transfer under this subsection, the member shall pay
the receiving system any amount due under this subsection. In the
event that the member is unable to pay the transfer fee provided for
in this subsection by the due date, the Board of Trustees of the
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receiving system shall permit the member to amortize the transfer fee
over a period not to exceed sixty (60) months. Said payments shall
be made by payroll deductions unless the Board of Trustees permits an
alternate payment source. The amortization shall include interest in
an amount not to exceed the actuarially assumed interest rate adopted
by the Board of Trustees for investment earnings each year. Any
member who ceases to make payment, terminates, retires or dies before
completing the payments provided for in this section shall receive
prorated service credit for only those payments made, unless the
unpaid balance is paid by said member, his or her estate or successor
in interest within six (6) months after said member's death,
termination of employment or retirement, provided no retirement
benefits shall be payable until the unpaid balance is paid, unless
said member or beneficiary affirmatively waives the additional six-
month period in which to pay the unpaid balance.
4. Years of service transferred pursuant to this subsection
shall be used both in determining the member's retirement benefit and
in determining the years of service for retirement and/or vesting
purposes. Years of service rendered as a member of the Oklahoma
Public Employees Retirement System prior to July 1, 1992, if any,
shall be deemed to be years of service rendered as a member of the
Teachers' Retirement System of Oklahoma prior to July 1, 1992, and
shall qualify such person as a member of the Teachers' Retirement
System of Oklahoma before July 1, 1992.
5. Notwithstanding the requirements of subsection (5) of Section
917 of Title 74 of the Oklahoma Statutes, members electing to take
advantage of the transfer authorized by this subsection who have
withdrawn their contributions from the sending system shall remit to
the sending system the amount of the accumulated contributions the
member has withdrawn plus simple interest of ten percent (10%) per
annum prior to making said election or the election shall be deemed
invalid and the transfer shall be canceled. If such an election is
deemed invalid and the transfer is canceled, the accumulated
contribution remitted to the sending system by the member who
originally withdrew their contributions shall be returned to the
member. The member's rights and obligations regarding any service
credit reestablished in the sending system due to a failure to
satisfy the requirements of this subsection shall be determined by
the sending system in accordance with Section 901 et seq. of Title 74
of the Oklahoma Statutes.
6. If any member fails for any reason to satisfy the
requirements of this subsection, the election to transfer service
credit shall be void and of no effect, and any service credited as a
result of this transfer shall be canceled. If such service is
canceled, the years of canceled service credit which were
unsuccessfully transferred to the receiving system from the sending
system shall be reestablished in the sending system. The member's
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rights and obligations regarding any service credit reestablished in
the sending system due to a failure to satisfy the requirements of
this subsection shall be determined by the sending system in
accordance with Section 901 et seq. of Title 74 of the Oklahoma
Statutes.
7. The Board of Trustees shall promulgate such rules as are
necessary to implement the provisions of this subsection.
L. Any member whose regular annual compensation was not
determined as provided for by law may pay the member contribution
required pursuant to subsection B of this section on such amount not
included in the member's regular annual compensation and receive
credit for such amount in the calculation of the member's benefit.
The employees must pay the employer contributions required pursuant
to Section 17-108.1 of this title. Interest at the rate of ten
percent (10%) per annum shall be charged to both employee and
employer contributions. Provided that the employing district may pay
all or any portion of the contributions and interest the member is
required to pay. Any payment by the employing district for a prior
year obligation shall be considered a current obligation of the
employer.
M. Any active member who elected during the 1978-79 school year
to pay the difference between five percent (5%) on actual salary not
exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on
actual salary not exceeding Fifteen Thousand Dollars ($15,000.00)
shall receive credit for one (1) year of credited service upon
receipt and approval of a proper request by the Board of Trustees.
N. Effective July 1, 1988, any member who is employed by the
Governor, the State Senate, the House of Representatives or the
Legislative Service Bureau shall be allowed to elect to retain
membership in the Retirement System upon payment of the accrued and
current member contributions and employer contributions as provided
in subsection B of this section and Section 17-108.1 of this title.
Such contributions may be paid on behalf of the member by the
employing entity. Upon payment of such contributions, service
credits shall continue to be accumulated during such employment.
Accrued contributions shall be paid to the Retirement System by
August 1, 1989. Current contributions shall be paid to the
Retirement System by the tenth of the following month beginning with
the month of July 1989.
O. Notwithstanding any requirements of this title to restrict
the payment of service purchases, the Board of Trustees shall
promulgate such rules as necessary to allow active members of the
System to make installment payments for the redeposit of withdrawn
accounts or other payments due under the provisions of this title.
The rules shall permit the member to amortize the balance due over a
period not to exceed sixty (60) months, and shall include interest
consistent with the actuarial assumptions adopted by the Board of
*+,-11'121#+,, .;!
Trustees for purposes of preparing the annual actuarial evaluation.
Further, the rules shall provide that all payments must be completed
prior to the effective retirement date of the member.
P. 1. A member of the Oklahoma Public Employees Retirement
System who becomes a member of the Teachers' Retirement System of
Oklahoma because the member has become employed by an entity or
institution within The Oklahoma State System of Higher Education,
State Board of Education, State Board of Career and Technology
Education, Oklahoma Department of Career and Technology Education,
Oklahoma School of Science and Mathematics, Oklahoma Center for the
Advancement of Science and Technology, State Department of
Rehabilitation Services, Oklahoma State Regents for Higher Education,
Department of Corrections, State Department of Education, Oklahoma
Board of Private Vocational Schools, Board of Regents of Oklahoma
Colleges, Oklahoma Student Loan Authority, or the Teachers'
Retirement System of Oklahoma, may elect to receive credit in the
Teachers' Retirement System of Oklahoma for those years of service
accumulated by the member in the Oklahoma Public Employees Retirement
System pursuant to this subsection. A member shall be eligible to
elect to receive credit for such years of service if:
a. the member is an active member of the Teachers'
Retirement System of Oklahoma,
b. the member provides notice to the Teachers' Retirement
System of Oklahoma and the Oklahoma Public Employees
Retirement System of the member's election to transfer
such retirement credit. The notice shall include a
list of the years to be transferred, and
c. the member is not receiving or eligible to receive
retirement credit or benefits from such service in any
other public retirement system, notwithstanding the
years of service sought to be transferred under this
subsection.
Members electing to take advantage of the transfer authorized by this
subsection shall have all service credit with the Oklahoma Public
Employees Retirement System canceled which is transferred to the
Teachers' Retirement System of Oklahoma.
2. For purposes of this subsection, the "sending system" shall
mean the Oklahoma Public Employees Retirement System. The "receiving
system" shall mean the Teachers' Retirement System of Oklahoma.
Within thirty (30) days after notification of an intent to transfer
is received by the sending system, the sending system shall,
according to its own rules, send to the receiving system all employer
and employee contributions made on behalf of the member which were
made to the sending system plus an additional amount of earnings
based on the actuarial assumed rate of the sending system. Upon
receipt of these contributions by the receiving system, the receiving
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system shall give credit to the transferring member in an amount
equal to the years of service accrued in the sending system.
3. If the transferring member's normal retirement date
calculation is based upon the sum of the member's age and number of
years of credited service totaling eighty (80) in the sending system,
then the member shall retain such calculation in the receiving
system.
4. The Board of Trustees shall promulgate such rules as are
necessary to implement the provisions of this subsection.
Q. A former member of the Teachers' Retirement System of
Oklahoma who withdrew his or her contributions from the System prior
to January 1, 1983, and who had at least ten (10) years of service in
the System and purchased that service in the Oklahoma Public
Employees Retirement System, may elect to revoke that purchase from
the Oklahoma Public Employees Retirement System and to repay the
withdrawn contributions to the System in order to be eligible, once
such member reaches the normal retirement age, to receive a
retirement benefit that is based upon years of service and
compensation at the time such member terminated employment. In
addition, such former member may elect to transfer service credit
accrued in the Oklahoma Public Employees Retirement System to the
Teachers' Retirement System of Oklahoma pursuant to subsection K of
this section. The election, pursuant to this subsection, shall be
made prior to September 1, 2000. The election and the repayment
shall be made according to rules promulgated by the Board.
Added by Laws 1978, c. 238, § 11, eff. July 1, 1978. Amended by Laws
1979, c. 286, § 5, eff. July 1, 1979; Laws 1980, c. 355, § 5, eff.
July 1, 1980; Laws 1982, c. 329, § 7, eff. July 1, 1982; Laws 1984,
c. 267, § 8, operative July 1, 1984; Laws 1985, c. 180, § 7, eff.
July 1, 1985; Laws 1986, c. 108, § 1, emerg. eff. April 5, 1986; Laws
1986, c. 283, § 5, operative July 1, 1986; Laws 1987, c. 236, § 171,
emerg. eff. July 20, 1987; Laws 1988, c. 165, § 26, operative July 1,
1988; Laws 1989, c. 327, § 2, eff. July 1, 1989; Laws 1990, c. 341, §
3, eff. July 1, 1990; Laws 1991, c. 335, § 27, emerg. eff. June 15,
1991; Laws 1992, c. 212, § 1, emerg. eff. May 15, 1992; Laws 1992, c.
376, § 10, eff. July 1, 1992; Laws 1993, c. 92, § 1, eff. July 1,
1993; Laws 1994, c. 60, § 1, eff. July 1, 1994; Laws 1994, c. 383, §
7, eff. July 1, 1994; Laws 1995, c. 1, § 27, emerg. eff. March 2,
1995; Laws 1995, c. 333, § 2, eff. July 1, 1995; Laws 1996, c. 3, §
17, emerg. eff. March 6, 1996; Laws 1996, c. 359, § 3, eff. July 1,
1996; Laws 1998, c. 360, § 2, eff. July 1, 1998; Laws 1999, c. 1, §
27, emerg. eff. Feb. 24, 1999; Laws 1999, c. 257, § 28, eff. July 1,
1999; Laws 2000, c. 377, § 10, eff. July 1, 2000; Laws 2001, c. 48, §
1, eff. July 1, 2001; Laws 2002, c. 459, § 1, eff. July 1, 2002; Laws
2003, c. 3, § 80, emerg. eff. March 19, 2003; Laws 2003, c. 486, § 3,
eff. July 1, 2003; Laws 2004, c. 536, § 19, eff. July 1, 2004; Laws
2005, c. 1, § 122, emerg. eff. March 15, 2005; Laws 2011, c. 203, §
*+,-11'121#+,, .;!)
3, eff. Nov. 1, 2011; Laws 2012, c. 11, § 22, emerg. eff. April 4,
2012; Laws 2013, c. 101, § 3, eff. Nov. 1, 2013; Laws 2015, c. 250, §
1.
NOTE: Laws 1986, c. 259, § 63 repealed by Laws 1987, c. 236, § 201,
emerg. eff. July 20, 1987. Laws 1989, c. 101, § 2 repealed by Laws
1990, c. 341, § 6, eff. July 1, 1990. Laws 1990, c. 340, § 29, as
amended by Laws 1990, c. 334, § 7 repealed by Laws 1991, c. 335, §
37, emerg. eff. June 15, 1991. Laws 1994, c. 370, § 2 and Laws 1994,
c. 380, § 4 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2,
1995. Laws 1995, c. 295, § 2 and Laws 1995, c. 329, § 1 repealed by
Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996. Laws 1998, c. 317,
§ 7 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.
Laws 2002, c. 406, § 1 repealed by Laws 2003, c. 3, § 81, emerg. eff.
March 19, 2003. Laws 2004, c. 315, § 3 repealed by Laws 2005, c. 1,
§ 123, emerg. eff. March 15, 2005. Laws 2011, c. 179, § 1 repealed
by Laws 2012, c. 11, § 23, emerg. eff. April 4, 2012.
§70-17-116.2A. Oklahoma State System of Higher Education - Employees
of entities or institutions - Retroactive election or removal of
maximum compensation level.
A. Except as otherwise provided by this section, an active
contributing member of the retirement system who performed membership
service as an employee of a comprehensive university on or after July
1, 1995, but not later than June 30, 1996, may with respect to
membership service performed between those dates, inclusive, elect
to:
1. Retroactively impose a maximum compensation level of Thirty-
two Thousand Five Hundred Dollars ($32,500.00), if the member was
subject to a maximum compensation level of Twenty-seven Thousand Five
Hundred Dollars ($27,500.00) for service performed on or after July
1, 1995, but not later than June 30, 1996; or
2. Retroactively impose a maximum compensation level of Forty-
nine Thousand Dollars ($49,000.00), if the member was subject to a
maximum compensation level of Forty-four Thousand Dollars
($44,000.00) for service performed on or after July 1, 1995, but not
later than June 30, 1996.
B. Except as otherwise provided by this section, an active
contributing member of the retirement system who performed membership
service as an employee of an entity or institution within The
Oklahoma State System of Higher Education, other than a comprehensive
university, on or after July 1, 1995, but not later than June 30,
1996, may with respect to membership service performed between those
dates, inclusive, elect to retroactively remove the maximum
compensation level applicable to the member's compensation for any
service performed during that time period.
C. A member electing a maximum compensation level or removing a
maximum compensation level pursuant to subsection A or subsection B
*+,-11'121#+,, .;!)$
of this section shall be required to pay to the retirement system the
full amount of employer contributions and employee contributions
applicable for the period of service based upon the elections
authorized by this section, less the amount of employer contributions
and employee contributions made or credited for that period, plus ten
percent (10%) interest from the date such contributions would have
been made until the payment is made to the retirement system. The
interest charged pursuant to this subsection shall be compounded
annually. A member may pay the amount prescribed by this subsection
at any time prior to the date as of which the member files the
written application for retirement with the retirement system. An
entity or institution within The Oklahoma State System of Higher
Education may make payment to the retirement system for any part or
all of the amount required by this subsection for an employee of that
entity or institution in order for retirement benefits to be computed
at the applicable maximum compensation level for membership service
performed on or after July 1, 1995, but not later than June 30, 1996.
Any amount paid by an employer pursuant to this subsection shall be
deemed to be picked up by the employer pursuant to Section 414(h) of
the Internal Revenue Code of 1986, as amended.
D. If a member who elects a retroactive maximum compensation
level or who elects to retroactively remove a maximum compensation
level pursuant to subsection A or subsection B of this section fails
to pay the amount required to receive credit for compensation earned
on or after July 1, 1995, but not later than June 30, 1996, the
member shall receive retirement benefits for this period of service
based upon compensation upon which both the required employer and
employee contributions were actually made.
E. For purposes of computing the retirement allowance of a
member authorized to make the election authorized by subsection A or
subsection B of this section, no member electing a retroactive
maximum compensation level or retroactively removing a maximum
compensation level pursuant to subsection A or subsection B of this
section may receive retirement benefits for the period of service
based upon compensation in excess of the amount of compensation upon
which employer and employee contributions were actually paid unless
full payment to the retirement system is made as required by
subsection C of this section.
F. No provision contained in this section shall be considered or
construed to require payment of any sum by an entity or institution
within The Oklahoma State System of Higher Education of amounts owed
to the retirement system by a member who makes an election authorized
by subsection A or subsection B of this section.
G. A member eligible to make the election authorized by
subsection A or subsection B of this section shall:
1. Make the election in writing, upon a form to be prescribed by
the Board of Trustees; and
*+,-11'121#+,, .;!)(
2. File the election with the Board of Trustees not later than
December 31, 1996.
H. All elections authorized by the provisions of subsection A or
subsection B of this section shall be permitted once, and only once,
for each employee authorized to make the election. Any election made
pursuant to the provisions of this section shall be irrevocable and
shall bind the employee, the employee's heirs, beneficiaries and
other interested persons, with respect to the amount of compensation
upon which contributions shall be made and the amount of retirement
benefits resulting from the election so made. Any employee who is
eligible to make an election pursuant to the provisions of this
section, but who fails to do so, for whatever reason, shall forfeit
any right or power by the employee to attempt to exercise the
election at any later time. All elections made pursuant to this
section shall be operative only for service performed and
compensation received from an entity or institution within The
Oklahoma State System of Higher Education and shall not have any
effect with respect to compensation received from any other
participating employer within the Teachers' Retirement System of
Oklahoma.
Added by Laws 1996, c. 359, § 4, eff. July 1, 1996.
§70-17-116.2B. Oklahoma State System of Higher Education - Employees
of entities or institutions - Amount of retirement benefits.
A. Beginning July 1, 2004, a member who has any creditable
service as an employee of an entity or institution within The
Oklahoma State System of Higher Education on or after July 1, 1995,
who retires on or after the member's normal retirement age or whose
retirement is because of disability shall receive an annual allowance
for life, payable monthly, as follows:
1. If the member becomes a member after June 30, 1995, and was
not eligible to become a member prior to July 1, 1995, in an amount
equal to two percent (2%) of the member's average salary upon which
member contributions were made, multiplied by the number of the
member's years of creditable service;
2. If the member became a member or is eligible to become a
member prior to July 1, 1995, and elected to have a maximum
compensation level in excess of Twenty-five Thousand Dollars
($25,000.00) pursuant to paragraph 1 of subsection C of Section 17-
116.2 of this title or pursuant to subsection E of Section 17-116.2
of this title, or if the member's salary never exceeded Twenty-five
Thousand Dollars ($25,000.00) prior to July 1, 1995, in an amount
equal to:
a. two percent (2%) of the member's average salary upon
which member contributions were made, not to exceed
Forty Thousand Dollars ($40,000.00), multiplied by the
number of the member's years of creditable service
*+,-11'121#+,, .;!)
authorized and performed prior to July 1, 1995, plus
any years of prior service authorized under this title,
plus
b. two percent (2%) of the average of the member's maximum
compensation level upon which member contributions were
made for those years between July 1, 1995, and June 30,
2007, in which the member's regular annual compensation
meets or exceeds the maximum compensation level in
effect for the member for the period July 1, 1995,
through June 30, 2007, multiplied by the number of the
member's years of creditable service for the period
July 1, 1995, through June 30, 2007, in which the
member's regular annual compensation meets or exceeds
the maximum compensation in effect for the member for
the period July 1, 1995, through June 30, 2007, plus
c. two percent (2%) of the member's average salary upon
which member contributions were made, multiplied by the
number of the member's years of creditable service
authorized and performed for an employer other than a
comprehensive university or for service performed for
an employer other than an entity or institution within
The Oklahoma State System of Higher Education on or
after July 1, 1995, but not later than June 30, 2007,
plus
d. two percent (2%) of the member's average salary upon
which member contributions were made, multiplied by the
number of the member's years of creditable service in
which contributions were made that did not meet or
exceed the member's maximum compensation level in
effect for the member for the period July 1, 1995,
through June 30, 2007, and the number of the member's
years of creditable service authorized and performed
after June 30, 2007;
3. If the member became a member or is eligible to become a
member prior to July 1, 1995, and was eligible to elect to have a
maximum compensation level in excess of Twenty-five Thousand Dollars
($25,000.00) and did not elect or elected not to have a maximum
compensation level of Forty Thousand Dollars ($40,000.00) pursuant to
paragraph 1 of subsection C of Section 17-116.2 of this title or
pursuant to subsection E of Section 17-116.2 of this title, in an
amount equal to:
a. two percent (2%) of the member's average salary upon
which member contributions were made, not to exceed
Twenty-five Thousand Dollars ($25,000.00), multiplied
by the number of the member's years of creditable
service authorized and performed prior to July 1, 1995,
*+,-11'121#+,, .;!))
plus any years of prior service authorized under this
title, plus
b. two percent (2%) of the average of the member's maximum
compensation level upon which member contributions were
made for those years of service between July 1, 1995,
and June 30, 2007, in which the member's regular annual
compensation meets or exceeds the maximum compensation
level in effect for the member for the period July 1,
1995, through June 30, 2007, multiplied by the number
of the member's years of creditable service for the
period July 1, 1995, through June 30, 2007, in which
the member's regular annual compensation meets or
exceeds the maximum compensation in effect for the
member for the period July 1, 1995, through June 30,
2007, plus
c. two percent (2%) of the member's average salary upon
which member contributions were made, multiplied by the
number of the member's years of creditable service
authorized and performed for an employer other than a
comprehensive university or for service performed for
an employer other than an entity or institution within
The Oklahoma State System of Higher Education on or
after July 1, 1995, but not later than June 30, 2007,
plus
d. two percent (2%) of the member's average salary upon
which member contributions were made, multiplied by the
number of the member's years of creditable service in
which contributions were made that did not meet or
exceed the member's maximum compensation level in
effect for the member for the period July 1, 1995,
through June 30, 2007, and the number of the member's
years of creditable service authorized and performed
after June 30, 2007;
4. Any member who retired on or after July 1, 1995, shall be
eligible to have the benefits recalculated in accordance with the
terms and provisions of paragraphs 2 and 3 of this section. In the
event such calculation results in an increase in benefits, such
benefits will be adjusted commencing January 1, 2005, and thereafter.
No such recalculation shall be applied in a retroactive manner to
result in any increase in benefits which have been paid between July
1, 1995, and December 31, 2004;
5. For purposes of this section, the term "average of the
member's maximum compensation level" means an average of the annual
salary on which the maximum contributions were made to the Teachers'
Retirement System of Oklahoma for the period between July 1, 1995,
and June 30, 2007. The average for each member will be applied in
accordance with paragraph (15) of Section 17-101 of this title;
*+,-11'121#+,, .;!)!
6. In the event there are insufficient number of years for the
time period between July 1, 1995, and June 30, 2007, to reach the
high three (3) or high consecutive five (5) years in accordance with
paragraph (15) of Section 17-101 of this title, the member's maximum
compensation level shall be determined by an average of the salary on
which maximum contributions were made. In no case shall the member's
maximum compensation level exceed the average salary as determined by
paragraph (15) of Section 17-101 of this title; and
7. Beginning July 1, 2018, an active member of the Teachers'
Retirement System of Oklahoma who is employed and participating with
an entity or institution within The Oklahoma State System of Higher
Education may purchase not to exceed two (2) years of incentive
credit if:
a. the member has reached his or her normal retirement
date or is within two (2) years of reaching the
member's normal retirement date as authorized in
Section 17-105 of this title, or
b. the member is eligible for or is within two (2) years
of being eligible for early retirement pursuant to
paragraph 1 of subsection A of Section 17-116.2 of this
title.
B. Purchased incentive credit may only be used as participation
service to qualify the member for normal or early retirement.
C. To receive the incentive credit, the member shall pay the
amount determined by the Board pursuant to Section 17-116.8 of this
title.
Added by Laws 1996, c. 359, § 5, eff. July 1, 1996. Amended by Laws
1999, c. 105, § 2, eff. July 1, 1999; Laws 2004, c. 385, § 11, eff.
July 1, 2004; Laws 2018, c. 44, § 2, eff. Nov. 1, 2018.
§70-17-116.2C. Definitions - Computation of retirement benefits –
Pre-cap removal service - Payment of contribution deficit amount.
A. As used in this section:
1. "Contribution deficit" means the amount of money computed for
an eligible employee by multiplying the employee contribution rate in
effect for any period of service performed on or after July 1, 1987,
through June 30, 1995, multiplied by the amount of salary earned by
the member in excess of the applicable maximum compensation level of
the member for such period with interest at the rate of ten percent
(10%) per year compounded annually; provided, that for the designated
fiscal years prescribed by subparagraphs a and b of this paragraph,
the contribution deficit payment shall be adjusted to:
a. fifty percent (50%) of the total amount of the
computation otherwise prescribed by this paragraph for
the fiscal year ending June 30, 2007,
*+,-11'121#+,, .;!)
b. seventy-five percent (75%) of the total amount of the
computation otherwise prescribed by this paragraph for
the fiscal year ending June 30, 2008, and
c. one hundred percent (100%) of the total amount of the
computation otherwise prescribed by this paragraph for
the fiscal year ending June 30, 2009, and for each
fiscal year thereafter;
2. "Eligible employee" means a member of the System who has not
retired prior to the effective date of this act and who has performed
service at any time prior to June 30, 1995, and who fulfills the
requirements of this act with respect to inclusion of pre-cap removal
years of service in a retirement benefit computation and:
a. who has already reached a normal retirement age prior
to the effective date of this act and has not retired
prior to the effective date of this act,
b. who reaches a normal retirement age on or after the
effective date of this act, and
c. who is employed by an institution within The Oklahoma
State System of Higher Education that is not a
comprehensive university or a regional institution
offering a four-year degree program as designated or
authorized by the Oklahoma State Regents for Higher
Education;
3. "Maximum average salary amount", subject to the requirements
of this paragraph related to the funding level for employer
contribution rates, means:
a. Sixty Thousand Dollars ($60,000.00) regardless of any
otherwise applicable maximum compensation level for the
fiscal year ending June 30, 2007,
b. Eighty Thousand Dollars ($80,000.00) regardless of any
otherwise applicable maximum compensation level for the
fiscal year ending June 30, 2008, and
c. the full amount of the average salary without any
limitation for the fiscal year ending June 30, 2009,
and or each fiscal year thereafter.
The maximum final average salary amount otherwise authorized pursuant
to subparagraph b or subparagraph c of this paragraph shall be
contingent upon the participating employer in whose employment the
member is active upon the date the member retires receiving, for the
fiscal year during which the member's retirement will begin, the
amount of funds required pursuant to subparagraph (A)(1) of Section
17-108.1 of this title in order to allow the employer contribution
rates prescribed by subparagraph (A)(1) of Section 17-108.1 of this
title to be effective as law. If a member is employed by an employer
that does not receive the funding required by subparagraph (A)(1) of
Section 17-108.1 of this title for the fiscal year during which the
member's retirement will begin, the member shall not be authorized to
*+,-11'121#+,, .;!)"
use the maximum final average salary otherwise authorized by this
paragraph to compute retirement benefits;
4. "Maximum compensation level" means either:
a. Twenty-five Thousand Dollars ($25,000.00) if a member
did not elect to make employee contributions on a
higher salary amount for any pre-cap removal years of
service, or
b. Forty Thousand Dollars ($40,000.00) if a member did
elect to make employee contributions upon actual salary
not in excess of such amount for any pre-cap removal
years of service;
5. "Pre-cap removal service" means any service performed by an
active member prior to June 30, 1995; and
6. "System" means the Teachers' Retirement System of Oklahoma;
B. Unless otherwise expressly provided by this section, any
definition contained in Section 17-101 of this title otherwise
applicable to computation of benefits for retired members of the
Teachers' Retirement System of Oklahoma shall have the same meaning
for purposes of this section.
C. Effective July 1, 2006, any eligible member of the Teachers'
Retirement System of Oklahoma, who, as of July 1, 2006, has already
reached a normal retirement age or who on or after July 1, 2006,
reaches a normal retirement age as defined by paragraph 24 of Section
17-101 of this title, shall be eligible to have a retirement benefit
computed as provided by this section. If a member is eligible for
the benefit computation authorized by this section, the average
salary used to compute the retirement benefit of the member shall be
governed by the provisions of this section and such provisions shall
govern in the event of conflict between this section and the
provisions of Section 17-116.2 of this title.
D. An eligible employee who performs service in the manner
prescribed by subsection E of this section and who makes payment of
the applicable contribution deficit amount may have a retirement
benefit computed as otherwise authorized by Section 17-105 of this
title, but shall have such benefit computed without regard to any
maximum compensation level that would otherwise be applicable to the
compensation of the member for any period of pre-cap removal service.
E. In order to have retirement benefits computed as authorized
by subsection C of this section, and in addition to the payment of
the contribution deficit amount required by this section, in order to
have any pre-cap removal service included in the retirement benefit
computation of the member using the average salary earned during such
period of participating service subject to the maximum average salary
amount, the member shall be required to perform one (1) year of
participating service on or after the date as of which the member
reaches a normal retirement age, for each two (2) years of service
performed prior to July 1, 1995. For purposes of this section, any
*+,-11'121#+,, .;!)
year of service performed prior to the effective date of this act
after a member reached a normal retirement age shall qualify for
purposes of the retirement benefit computation authorized by this
section.
F. One (1) year of participating service performed by an
eligible member who, prior to the effective date of this act has
reached a normal retirement age or, who on or after July 1, 2006,
reaches a normal retirement age, shall result in the inclusion of the
two (2) years of participating service immediately preceding July 1,
1995, in a retirement benefit computation using the average salary of
the member, subject to the maximum average salary amount. For each
additional year of participating service performed by the eligible
member thereafter, whether such service has been performed prior to
the effective date of this act or whether such service is performed
on or after the effective date of this act, the two (2) next
succeeding years of pre-cap removal service performed prior to the
end of the preceding two-year period may be included in the benefit
computation without regard to the maximum compensation level of the
member that would otherwise be applicable to such pre-cap removal
service.
G. The eligible member shall be required to make payment to the
Teachers' Retirement System of Oklahoma of the contribution deficit
amount for any year of service performed on or after July 1, 1987,
but not later than June 30, 1995, as prescribed by subsections H
through K of this section in order to have any years of pre-cap
removal service included in the retirement benefit computation using
the average salary of the member subject to the maximum average
salary amount.
H. In order to have years of service included in the benefit
computation using average salary subject to the maximum average
salary amount, the member shall be required to make payment of the
contribution deficit for the following years of service and in the
sequence prescribed by subsection I of this section according to the
adjustments required by subparagraphs a and b of paragraph 1 of
subsection A of this section:
1. July 1, 1987, through June 30, 1988;
2. July 1, 1988, through June 30, 1989;
3. July 1, 1989, through June 30, 1990;
4. July 1, 1990, through June 30, 1991;
5. July 1, 1991, through June 30, 1992;
6. July 1, 1992, through June 30, 1993;
7. July 1, 1993, through June 30, 1994; and
8. July 1, 1994, through June 30, 1995.
I. For each year of service performed by the eligible member
prior to the effective date of this act and after having reached a
normal retirement age, or for each year of service performed by the
member after reaching a normal retirement age on or after the
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effective date of this act, the member shall be required to make
payment of the contribution deficit amount for each year of service
beginning with the years described in paragraphs 7 and 8 of
subsection H of this section. For each additional year of service
performed by the eligible member after the normal retirement age of
the member, the member shall make payment of the contribution deficit
amount for each of the next two (2) years of service as described in:
1. Paragraphs 5 and 6 of subsection H of this section;
2. Paragraphs 3 and 4 of subsection H of this section; and
3. Paragraphs 1 and 2 of subsection H of this section.
J. After making payment of all required contribution deficit
amounts for all periods of service described in paragraphs 1 through
8 of subsection H of this section, an eligible member who has
performed any additional years of service after having reached a
normal retirement age, or for each year of service performed by the
member after reaching a normal retirement age on or after the
effective date of this act, the member may then include any
additional two-year period of service performed prior to July 1,
1987, using the average salary of the member, subject to the maximum
average salary amount, in the retirement benefit computation for such
years of service by performing one (1) additional year of service.
K. No contribution deficit payments shall be required of the
eligible member with respect to years of service performed prior to
July 1, 1987, if such years of service are included in the retirement
benefit computation of the member using average salary as otherwise
authorized by this section, subject to the maximum average salary
amount.
L. An eligible member may make the payment of the contribution
deficit amount required by this section at any time prior to the
retirement of the member from the System; however, no years of pre-
cap removal service for which full payment of the required
contribution deficit has not been made pursuant to the requirements
of this section may be included in the retirement benefit computation
of the otherwise eligible member using the average salary of the
member for such period, subject to the maximum average salary amount.
M. Any pre-cap removal years of service for which the required
contribution deficit payment has not been made to the System shall
only be included in a retirement benefit computation using the
maximum compensation level in effect for the member at the time such
years of service were performed.
N. All payments to the System for pre-cap removal service shall
be made prior to the date as of which a member retires. No payments
to the System for pre-cap removal service otherwise authorized by
this section shall be made after a member retires from the System and
begins to receive benefits.
O. Any eligible member who, prior to the effective date of this
act, has not previously made an election for payment of employee
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contributions on a maximum compensation level of Twenty-five Thousand
Dollars ($25,000.00) for pre-cap removal service may file an election
with the System to make payment of the required contribution deficit
amount pursuant to this section. Such an election shall be
irrevocable.
P. No participating employer of the System shall make payment of
any required contribution deficit amount on behalf of any otherwise
eligible member, whether directly or indirectly, in order for the
member to have retirement benefits computed according to the
provisions of this section.
Q. No member of the System who has retired prior to July 1,
2006, shall be eligible to make any payments of the contribution
deficit amount and no such member shall have the ability to have a
retirement benefit recomputed as a result of the provisions of this
section.
R. The additional retirement benefit attributable to the
provisions of this section may be computed for members who retire on
or after July 1, 2006, but prior to January 1, 2007, but the
additional retirement benefit attributable to the provisions of this
section shall not be payable until January 1, 2007. On and after
January 1, 2007, the additional retirement benefit attributable to
the provisions of this section shall be added to the retirement
benefit amount of any member who retires on or after July 1, 2006,
and prior to January 1, 2007, and such increased benefit amount shall
be payable to the member or any beneficiary of the member as
otherwise provided pursuant to the provisions of Section 17-101 of
this title in the same manner as other retirement benefits are
payable.
Added by Laws 2006, 2nd Ex. Sess., c. 46, § 2, eff. July 1, 2006.
Amended by Laws 2007, c. 186, § 4, eff. July 1, 2007; Laws 2018, c.
248, § 3; Laws 2019, c. 268, § 4, eff. July 1, 2019.
§70-17-116.2D. Forfeiture of retirement benefits.
A. Any member of the System upon final conviction of, or
pleading guilty or nolo contendere to, a felony in a state or federal
court of competent jurisdiction shall forfeit all retirement benefits
provided by law; however, the forfeiture of retirement benefits shall
not occur if any such member of the System received a deferred
sentence, but retirement benefits shall not commence prior to
completion of the deferred sentence. The forfeiture of retirement
benefits required by this subsection shall not include such member’s
contributions to the retirement system or retirement benefits that
are vested on the effective date of this act.
B. The forfeiture of retirement benefits as provided by
subsection A of this section shall also apply to any member of the
System who, after leaving active contributory employment, is
convicted of, or pleads guilty or nolo contendere to, in a state or
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federal court of competent jurisdiction, a felony committed while in
such employment, where the felony is for bribery, corruption, forgery
or perjury or any other crime related to the duties of his or her
employment, or related to campaign contributions or campaign
financing for that or any other office.
C. Any claims for payment of retirement benefits to any such
member of the System suspended from or forfeiting his or her
retirement benefits shall be rejected by the System.
D. Such suspension or forfeiture shall continue until such time
as the conviction or guilty plea is reversed by the highest appellate
court to which the member may appeal.
E. The attorney responsible for prosecuting such members of the
System shall notify the System of the forfeiture of such member's
retirement benefits. Upon receipt of the notice of forfeiture, the
System shall immediately suspend all benefits of the member, and
notify the member of his or her right to a hearing to review whether
the conviction or plea qualifies for forfeiture of benefits under
this section. If the conviction or plea occurs in federal court or
the notice of forfeiture is not forthcoming from the state
prosecutor, the System may investigate and gather court documents and
contact prosecutors to determine whether the conviction or plea
qualifies under this section. Upon obtaining sufficient
documentation of the conviction or plea, the retirement system shall
immediately suspend all benefits of the member, and notify the member
of his or her right to a hearing to review whether the conviction or
plea qualifies for forfeiture of benefits under this section.
Added by Laws 2012, c. 46, § 1, eff. Nov. 1, 2012.
§70-17-116.3. Repealed by Laws 1979, c. 286, § 6, eff. July 1, 1979.
§70-17-116.4. Repealed by Laws 1979, c. 286, § 6, eff. July 1, 1979.
§70-17-116.5. Repealed by Laws 1982, c. 329, § 9, eff. July 1, 1982.
§70-17-116.6. Teachers' Retirement Reserve Fund.
There is hereby created in the State Treasury a special fund
which shall be designated the "Teachers' Retirement Reserve Fund".
Said fund shall consist of such monies as the Legislature may
transfer to such fund. The monies in said fund shall only be used to
support or benefit public pension programs and shall be paid out
pursuant to direction of the Legislature.
Added by Laws 1985, c. 335, § 9, emerg. eff. July 30, 1985.
Renumbered from Title 74, § 934 by Laws 1986, c. 283, § 7, operative
July 1, 1986.
§70-17-116.7. Supplemental pension benefits - Audits - Reports.
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A. After the effective date of this act, before entering into
any type of contract that creates an unfunded liability and is for
the purpose of enhancing pension benefits for employees beyond the
provisions of the Teachers' Retirement System of Oklahoma, a state
institution of higher education, technology center school district,
or public school district, unless otherwise provided by law, shall
forward to the Office of the Attorney General a copy of the contract
and a copy of an actuarial report indicating the amount of unfunded
liability that would be created pursuant to the contract. The
Attorney General shall review the contract to ensure that the
contract conforms to state law. No such contract shall be signed by
the education entity until the Attorney General approves the
contract. Any such contract entered into without complying with the
requirements of this section shall be void.
B. In order to make the Legislature and Governor more aware of
the effect of unfunded pension benefits and other post-employment
benefits on state finances, annual audits conducted pursuant to law
on state institutions of higher education, technology center school
districts, and school districts shall be prepared in accordance with
appropriate accounting standards pertaining to unfunded pension
benefits and other post-employment benefits. The State Regents for
Higher Education, the State Board of Career and Technology Education
and the State Board of Education, jointly, shall have the information
pertaining to benefits compiled into an annual report that shall be
distributed to the Governor, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate.
Added by Laws 1990, c. 237, § 1, emerg. eff. May 21, 1990. Amended
by Laws 2001, c. 33, § 117, eff. July 1, 2001.
§70-17-116.8. Service credit - Computation of purchase price.
A. The Board of Trustees shall adopt rules for computation of
the purchase price for service credit. These rules shall base the
purchase price for each year purchased on the actuarial cost of the
incremental projected benefits to be purchased. The purchase price
shall represent the present value of the incremental projected
benefits discounted according to the member's age at the time of
purchase. Incremental projected benefits shall be the difference
between the projected benefit said member would receive without
purchasing the service credit and the projected benefit after
purchase of the service credit computed as of the earliest age at
which the member would be able to retire. Said computation shall
assume an unreduced benefit and be computed using interest and
mortality assumptions consistent with the actuarial assumptions
adopted by the Board of Trustees for purposes of preparing the annual
actuarial evaluation.
B. In the event that the member is unable to pay the purchase
price provided for in this section by the due date, the Board of
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Trustees shall permit the members to amortize the purchase price over
a period not to exceed sixty (60) months. Said payments shall be
made by payroll deductions unless the Board of Trustees permits an
alternate payment source. The amortization shall include interest in
an amount not to exceed the actuarially assumed interest rate adopted
by the Board of Trustees for investment earnings each year. Any
member who ceases to make payment, terminates, retires or dies before
completing the payments provided for in this section shall receive
prorated service credit for only those payments made, unless the
unpaid balance is paid by said member, his or her estate or successor
in interest within six (6) months after said member's death,
termination of employment or retirement, provided no retirement
benefits shall be payable until the unpaid balance is paid, unless
said member or beneficiary affirmatively waives the additional six-
month period in which to pay the unpaid balance. The Board of
Trustees shall promulgate such rules as are necessary to implement
the provisions of this subsection.
Added by Laws 1990, c. 340, § 30, eff. July 1, 1990. Amended by Laws
1990, c. 334, § 8, operative July 1, 1990; Laws 1993, c. 322, § 18,
emerg. eff. June 7, 1993.
§70-17-116.9. Prior teaching service credit - Back contributions.
Any member of the Teachers' Retirement System of Oklahoma, who
taught kindergarten on public school property prior to the state-
supported kindergarten, and who subsequently taught in the public
schools and has met the necessary qualifications, may receive credit
in the System for such teaching service by, prior to January 1, 1991,
making back contributions of ten percent (10%) of salary plus ten
percent (10%) interest to the System as required by the Board of
Trustees. Effective January 1, 1991, to receive the credit in the
System for such teaching service, the member shall pay the amount
determined by the Board of Trustees pursuant to Section 17-116.8 of
this title.
Added by Laws 1990, c. 340, § 31, eff. July 1, 1990. Amended by Laws
2019, c. 268, § 5, eff. July 1, 2019.
§70-17-116.10. Postretirement employment - Eligibility for continued
benefits.
A. Subject to the requirements of Section 6-101.2 of this title
and any other applicable requirements of law, a member may enter into
postretirement employment with a public school of Oklahoma and still
receive monthly retirement benefits subject to the following
limitations:
1. A retired member is not eligible to be employed by the public
schools of Oklahoma, in any capacity, for sixty (60) calendar days
between the retiree's last day of preretirement public education
employment and any postretirement public education employment. For
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purposes of this section, the term "last day of preretirement
employment" shall mean the last day the employee is required to be
physically present on the job to complete the terms of the employment
contract or agreement. An employee on paid leave is still considered
to be employed for purposes of this section. Employment under any
conditions during this time, volunteer services for the purpose of
obtaining a paid position at a later date, or payment at a later time
for services performed during this time period shall cause the
forfeiture of all retirement benefits received during the period;
2. Unless otherwise provided in paragraph 3 of this subsection,
earnings from the public schools may not exceed one-half (1/2) of the
member's final average salary used in computing retirement benefits,
or the Earnings Limitation for employees allowed by the Social
Security Administration, whichever is less. For retired members
under the age of sixty-two (62) years, the limit on allowed earnings
from the public schools of Oklahoma for employment for the
performance of duties ordinarily performed by classified or
nonclassified personnel shall be the lesser of Fifteen Thousand
Dollars ($15,000.00) or one-half (1/2) of the member's final average
salary used in computing retirement benefits unless the earnings
limitation allowed by the Social Security Administration would be
greater than Fifteen Thousand Dollars ($15,000.00). For retired
members sixty-two (62) years of age or older the limit on allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily performed by classified or nonclassified personnel
shall be the lesser of Thirty Thousand Dollars ($30,000.00) or one-
half (1/2) of the member's final average salary used in computing
retirement benefits. For purposes of this paragraph, the following
shall apply:
a. earnings shall mean "regular annual compensation" as
defined in paragraph (25) of Section 17-101 of this
title, and shall include any payment by a public school
for services rendered by a retired member who is
employed for any purpose whatsoever. Supplemental
retirement payments paid by a former public school
employer pursuant to subsection 9 of Section 17-105 of
this title or other state law shall not be considered
as earnings,
b. the Earnings Limitation for employees allowed by the
Social Security Administration to workers between the
age of sixty-two (62) years and sixty-five (65) years
shall apply to retired members below the age of sixty-
two (62) years,
c. the limit on allowed earnings from the public schools
shall be automatically adjusted effective the first day
of January of each year to reflect the current Earnings
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Limitation for employees as determined from time to
time by the Social Security Administration,
d. the earnings limit for the calendar year in which a
member retires shall be one-twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
the public schools of Oklahoma,
e. earnings in excess of the maximum limit on allowed
earnings from public schools of Oklahoma shall result
in a loss of future retirement benefits for the year
the postretirement employment was performed of One
Dollar ($1.00) for each One Dollar ($1.00) earned over
the maximum allowed earnings amount,
f. for those members age seventy (70) years and over, the
earnings in excess of the maximum limit allowed
earnings from public schools of Oklahoma shall be one-
half (1/2) the member's final average salary used in
computing retirement benefits. However, any retired
member receiving benefits from the Retirement System
who reached age seventy (70) years prior to July 1,
1991, shall not be restricted by the earnings limits
pursuant to this subparagraph until January 1, 1994.
To qualify for the provisions of this subparagraph, the
member must be employed less than one-half (1/2) time
compared to other full-time employees in similar
positions;
3. Notwithstanding paragraph 2 of this subsection, a retired
classified or nonclassified member who has been retired for thirty-
six (36) or more months and who is employed by a public school to
perform duties ordinarily performed by classified or nonclassified
personnel shall be able to receive annualized earnings from the
public school with no reduction in retirement benefits regardless of
the amount of annualized earnings. For a period of three (3) years
beginning July 1, 2017, members who have retired as of July 1, 2017,
as active classroom teachers, who have been retired and receiving a
benefit for at least one (1) year, and who have not been employed by
any public school during that one-year period, shall be eligible to
be reemployed as an active classroom teacher in common or career tech
school districts, with no limitations on earnings. The one-year
period starts with the retiree's last day of preretirement public
education employment. Members returning under this section shall not
be subject to any earning limitations following the end of the three-
year period described in this paragraph. Members returning under
this section shall only be employed pursuant to a temporary contract;
and
4. A member shall be considered to be employed by a school
district to perform the duties ordinarily performed by classified or
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nonclassified personnel if the member is hired by the school district
in the member's individual capacity to perform the duties or if the
member performs the duties through employment with a proprietorship,
partnership, corporation, limited liability company or partnership,
or any other business structure that has agreed or contracted to
provide the services to the school district.
B. A public school district that employs a retired member shall
be required to make contributions to the System for the retired
member in an amount as required in Section 17-108.1 and in paragraph
3 of subsection B of Section 17-116.2 of this title.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hours per year with the Governor, the
State Senate, the House of Representatives or the Legislative Service
Bureau shall not be considered as postretirement employment with a
public school of Oklahoma.
D. The Board of Trustees of the Teachers' Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section.
E. A member who has entered into postretirement employment with
a participating employer of the Teachers' Retirement System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue receiving his or her monthly retirement benefit.
Added by Laws 1993, c. 290, § 1, eff. July 1, 1993. Amended by Laws
1994, c. 319, § 4, eff. Sept. 1, 1994; Laws 1995, c. 295, § 3, eff.
July 1, 1995; Laws 1997, c. 185, § 1, eff. July 1, 1997; Laws 1999,
c. 411, § 1, eff. July 1, 1999; Laws 2002, c. 180, § 1, eff. July 1,
2002; Laws 2003, c. 198, § 1; Laws 2004, c. 315, § 4, eff. July 1,
2004; Laws 2008, c. 270, § 1, eff. July 1, 2008; Laws 2011, c. 271, §
1, eff. July 1, 2012; Laws 2013, c. 101, § 4, eff. Nov. 1, 2013; Laws
2017, c. 270, § 2, eff. July 1, 2017.
§70-17-116.11. Repealed by Laws 1998, c. 256, § 11, eff. July 1,
1998.
§70-17-116.12. Reduction-in-force termination credit.
A. A member of the Teachers' Retirement System of Oklahoma who
has ten (10) or more years of full-time-equivalent employment with a
participating employer, and who is terminated by a state agency or
other state governmental entity because the member's position is
eliminated through a reduction-in-force after July 1, 1998, and is
within three (3) years of retirement as prescribed in Section 17-105
of Title 70 of the Oklahoma Statutes, may purchase termination credit
of a period not to exceed the lesser of three (3) years or the number
of years or months or both years and months required in order for the
member to reach normal retirement date in the same period of time and
*+,-11'121#+,, .;!!"
with the same service credit which would have otherwise accrued if
the termination had not occurred.
B. In order to receive the termination credit authorized by this
section, the member shall be required to file an election with the
System indicating an intent to purchase the credit. The member shall
have a period of six (6) months from the date the member is
terminated as described in subsection A of this section within which
to file the election.
C. To purchase the termination credit, the member shall be
required to make payment to the System of an amount equal to both the
employer and employee contributions which would have been paid to the
System based upon the maximum compensation level as defined in
subsection (28) of Section 17-101 of Title 70 of the Oklahoma
Statutes, which was received by the member in the last full month
that the member was employed by the state agency or other state
governmental entity multiplied by the number of months required in
order for the combination of the participating service and member's
age to equal the amount required for the member to reach normal
retirement date with an unreduced benefit as if the member had not
been terminated.
D. The member must make full payment to the System of all
required contribution amounts within sixty (60) days of filing the
election to purchase the credit. The member must vest his or her
benefits with a declared future retirement date as of the first month
the member is eligible for normal retirement. Failure to make the
full payment to the System of the required contribution amounts, for
any reason, within the time prescribed, shall result in cancellation
of the election provided pursuant to this section, and return of the
purchase amount tendered, without interest.
E. Purchased termination credit may only be used as service
credit to qualify the member for normal retirement.
F. If the member chooses to retire at any time prior to the
member's normal retirement date or returns to employment with a
participating employer of the System at any time prior to retirement,
the purchase of termination credit pursuant to this section shall be
void, and the System will return the purchase amount tendered,
without interest.
G. In the event of the death of the member prior to retirement,
the member's spouse, if otherwise eligible for benefits pursuant to
Section 17-105 of Title 70 of the Oklahoma Statutes, may elect to
receive benefits which include the termination credit on the member's
declared future retirement date, or may elect to receive a return of
the purchase amount tendered, without interest.
Added by Laws 1998, c. 256, § 9, eff. July 1, 1998.
§70-17-116.13. Calculation of retirement allowance - Increase in
benefits.
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A. Beginning July 1, 1998, a classified member who retired prior
to July 1, 1997, shall have the member's retirement allowance
calculated on the member's current average salary plus One Thousand
Four Hundred Dollars ($1,400.00).
B. Beginning July 1, 1998, a nonclassified member who retired
prior to July 1, 1997, shall have the member's retirement allowance
calculated on the member's current average salary plus Seven Hundred
Dollars ($700.00).
C. Beginning July 1, 1998, those individuals receiving benefits
pursuant to subsection (3) of Section 17-105 of this title whose
benefits commenced prior to July 1, 1997, shall receive an increase
in benefits of five and four-tenths percent (5.4%).
Added by Laws 1998, c. 317, § 8, eff. July 1, 1998. Amended by Laws
1998, c. 363, § 1, eff. July 1, 1998; Laws 1999, c. 151, § 1, eff.
July 1, 1999.
NOTE: Editorially renumbered from § 17-116.12 of this title to avoid
a duplication in numbering.
§70-17-116.14. Repealed by Laws 1999, c. 254, § 11, emerg. eff. June
30, 1999.
§70-17-116.15. Transferred employees of George Nigh Rehabilitation
Institute – Election to become members of Teachers’ Retirement System
of Oklahoma.
A. An employee transferred pursuant to the provisions of Section
3 of this act may elect to become a member of the Teachers’
Retirement System of Oklahoma pursuant to the election authorized by
subsection A of Section 3 of this act. If the employee makes an
election to become a member of the Teachers’ Retirement System of
Oklahoma, the employee may acquire service credit in the Teachers’
Retirement System pursuant to the provisions of Section 17-116.2 of
Title 70 of the Oklahoma Statutes.
B. On and after the date that an employee makes an election to
become a member of the Teachers’ Retirement System pursuant to
subsection A of Section 3 of this act, the employer to which the
employee is transferred shall make required contributions pursuant to
Section 17-108.1 of Title 70 of the Oklahoma Statutes and the
employee shall make required contributions imposed pursuant to
Section 17-116.2 of Title 70 of the Oklahoma Statutes.
C. On and after the date that an employee files the election to
become a member of the Teachers’ Retirement System, the employer to
which the employee is transferred and the employee making the
election shall be subject to all requirements of the provisions of
Sections 17-101 et seq. of Title 70 of the Oklahoma Statutes
governing the Teachers’ Retirement System of Oklahoma.
Added by Laws 1999, c. 347, § 5, eff. July 1, 1999.
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§70-17-116.16. Credit for employment in adjunct position.
Effective July 1, 2000, a member of the Teachers’ Retirement
System of Oklahoma who was employed in an adjunct position in an
institution under The Oklahoma State System of Higher Education prior
to becoming a member of the System, may purchase a maximum of five
(5) years of credit for such employment, pursuant to this section.
One (1) year of service credit may be purchased for any school year
in which the member worked eighteen (18) credit hours or more in such
an adjunct position. The purchase of service credit shall be made
pursuant to Section 17-116.8 of Title 70 of the Oklahoma Statutes and
shall be considered contributing service for purposes of vesting and
retirement. The Board of Trustees shall promulgate such rules as are
necessary to implement the provisions of this section.
Added by Laws 2000, c. 182, § 1, eff. July 1, 2000.
§70-17-116.17. Benefit calculations and increase.
A. Beginning July 1, 2000, a classified member who retired prior
to July 1, 1999, who continues to receive benefits on or after July
1, 2000, shall have the member’s retirement allowance calculated on
the member’s current average salary plus Five Hundred Dollars
($500.00).
B. Beginning July 1, 2000, a nonclassified member who retired
prior to July 1, 1999, who continues to receive benefits on or after
July 1, 2000, shall have the member’s retirement allowance calculated
on the member’s current average salary plus Two Hundred Fifty Dollars
($250.00).
C. Beginning July 1, 2000, those individuals receiving benefits
pursuant to subsection (3) of Section 17-105 of Title 70 of the
Oklahoma Statutes whose benefits commenced prior to July 1, 1999,
shall receive an increase in benefits of one and eight-tenths percent
(1.8%).
Added by Laws 2000, c. 377, § 11, eff. July 1, 2000.
NOTE: Editorially renumbered from § 17-116.4 of this title to avoid
a duplication in numbering.
§70-17-116.18. Increase in benefits.
A. Any person receiving retirement benefits from the Teachers’
Retirement System of Oklahoma as of June 30, 2001, who continues to
receive benefits on or after July 1, 2002, shall, beginning in July
2002, receive an increase in retirement benefits equal to three
percent (3%).
B. Such persons who are otherwise eligible for the benefit
increase in subsection A of this section, who retired from the system
with thirty (30) years of credited service, shall receive, in lieu of
the benefit increase in subsection A of this section, an increase in
retirement benefits equal to four percent (4%) beginning in July
2002.
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Added by Laws 2002, c. 479, § 1, eff. July 1, 2002.
§70-17-116.19. Teacher's Retirement System - Increase in benefits.
A. Beginning July 1, 2004, any person receiving benefits from
the Teacher’s Retirement System of Oklahoma as of June 30, 2003, who
continues to receive benefits on or after July 1, 2004, shall receive
a percentage increase in said benefits on July 1, 2004, as follows:
Years of Service Monthly Benefit
of the Retired Member as of June 30, 2004 Benefit Increase
20 years or more Less than $1,500.00 4.5%
$1,500.00 to $2,500.00 4.0%
Over $2,500.00 3.5%
15 to 19 years Less than $1,000.00 4.0%
$1,000.00 to $2,000.00 3.5%
Greater than $2,000.00 3.0%
Less than 15 years Less than $801.00 3.5%
$801.00 to $1,499.99 3.0%
$1,500.00 or greater 2.5%
B. Beginning in July 2004, those individuals receiving benefits
pursuant to subsection (3) of Section 17-105 of Title 70 of the
Oklahoma Statutes whose benefits commenced prior to July 1, 2003,
shall receive an increase in benefits of four percent (4%).
Added by Laws 2004, c. 536, § 20, eff. July 1, 2004.
§70-17-116.20. Increase in benefits - July 1, 2006.
A. Any person receiving benefits from the Teachers’ Retirement
System of Oklahoma as of June 30, 2005, other than those benefits
specified in subsection B of this section, who continues to receive
benefits on or after July 1, 2006, shall receive a two-percent
increase in said benefits beginning in July 2006.
B. Any person receiving benefits pursuant to subsection (3) of
Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits
commenced prior to July 1, 2005, and who continues to receive
benefits on or after July 1, 2006, shall receive a two-percent
increase in said benefits beginning in July 2006.
Added by Laws 2006, 2nd Ex. Sess., c. 46, § 9, eff. July 1, 2006.
§70-17-116.21. Increase in benefits - July 1, 2008.
A. Any person receiving benefits from the Teachers’ Retirement
System of Oklahoma as of June 30, 2007, other than those benefits
specified in subsection B of this section, who continues to receive
benefits on or after July 1, 2008, shall receive a two-percent
increase in said benefits beginning in July 2008.
B. Any person receiving benefits pursuant to subsection (3) of
Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits
commenced prior to July 1, 2007, and who continues to receive
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benefits on or after July 1, 2008, shall receive a two-percent
increase in said benefits beginning in July 2008.
Added by Laws 2008, c. 415, § 5, eff. July 1, 2008.
§70-17-117. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-17-118. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-17-119. Repealed by Laws 1989, c. 154, § 2, operative July 1,
1989.
§70-17-120. Submission of contributions.
The employer of each member shall submit all required school
reports and all employer and employee contributions of each member
due the Retirement System for payroll periods ending during the
calendar month within ten (10) days of the last day of each calendar
month. Any required school reports and employer and employee
contribution amounts not submitted to the Retirement System after
thirty (30) days from the end of the payroll month shall be subject
to a monthly late charge of one and one-half percent (1 1/2%) of the
unpaid balance to be paid by the employer to the Retirement System
compounding monthly for each month payment is not received. The
System may waive late fees for good cause shown.
Added by Laws 1992, c. 376, § 11, eff. July 1, 1992. Amended by Laws
2011, c. 290, § 2; Laws 2016, c. 129, § 5, eff. Nov. 1, 2016; Laws
2019, c. 268, § 6, eff. July 1, 2019.
§70-17-121. Oklahoma Teachers' Deferred Savings Incentive Plan.
A. Effective July 1, 1999, for each active contributing member
of the Teachers' Retirement System of Oklahoma, who is making
contributions of at least Twenty-five Dollars ($25.00) per month to a
plan account maintained by the Teachers' Retirement System of
Oklahoma pursuant to Section 403(b) of Title 26 of the United States
Code, 26 U.S.C. Section 403(b), the Teachers' Retirement System shall
pay each month from funds appropriated to the Oklahoma Teachers'
Deferred Savings Incentive Plan Fund created pursuant to this section
the sum of Twenty-five Dollars ($25.00) to a plan established
pursuant to the Internal Revenue Code, Section 401(a), for the
benefit of the participant.
B. If monies in the Oklahoma Teachers' Deferred Savings
Incentive Plan Fund are insufficient to fully fund the contributions
in any month, payments shall be suspended until such time as
sufficient monies are available.
C. The Teachers' Retirement System shall be responsible for
establishing rules and plan documents for administration of the
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contributions authorized by this section. Funds so credited shall be
held and invested in the same manner as funds managed in accounts of
members contributing to an account established pursuant to Section
403(b) of the Internal Revenue Code of 1986, as amended.
D. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma Teachers' Deferred Savings
Incentive Plan Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of any monies
the Legislature may appropriate or transfer to the fund and any
monies contributed for the fund from any other sources, public or
private. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Teachers'
Retirement System of Oklahoma for the matching of deferred
compensation contributions pursuant to this section and in accordance
with rules promulgated by the Teachers' Retirement System of
Oklahoma. Expenditures from the fund shall be made by warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
Added by Laws 1999, c. 179, § 1, eff. July 1, 1999. Amended by Laws
2012, c. 304, § 607.
§70-17-122. Participation in retired teachers' organization.
When a member of the Teachers’ Retirement System of Oklahoma
makes an application to retire, the System shall provide to such
member an application to participate in a retired teachers’
organization along with a form allowing the member to elect to have
annual membership dues in a retired teachers’ organization prorated
and authorizing the System to withhold such dues monthly from the
member’s retirement benefits. Any retired teachers’ organization
which wants to participate, pursuant to this section, or to
participate in a general mailing to all retired educators, with the
approval of the Board of Trustees of the Teachers’ Retirement System,
shall provide to the System and pay for the cost, including postage
costs if required by the Teachers’ Retirement System, of printed
materials and of the applications to be a member of the organization
and the forms authorizing the System to withhold membership dues of
the organization. The Board of Trustees shall approve the format and
content of the authorization to make sure it complies with all
relevant legal requirements. The System shall not be held
responsible or liable for not providing the application to be a
member of a participating retired teachers’ organization or the
authorization form if such organization does not timely provide to
the System such materials and applications and approved authorization
forms in sufficient quantities to meet the retirement application
demands of the retiring members.
Added by Laws 2003, c. 243, § 1, eff. July 1, 2003.
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§70-17-122.1. Qualification as retired teachers' organization.
To qualify as a retired teachers’ organization pursuant to
Section 17-122 of this title, the organization shall be primarily
organized for the purpose of representing the interests of retired
teachers in this state and providing member benefits.
Added by Laws 2003, c. 243, § 2, eff. July 1, 2003. Amended by Laws
2009, c. 34, § 1, eff. Nov. 1, 2009.
§70-17-201. Alternate Retirement Plan for Comprehensive Universities
Act – Short title.
Sections 1 through 8 of this act shall be known and may be cited
as the “Alternate Retirement Plan for Comprehensive Universities
Act”.
Added by Laws 2004, c. 385, § 1, eff. July 1, 2004.
§70-17-202. Definitions.
The following words and phrases as used in this act shall have
the following meanings unless a different meaning is clearly required
by the context:
1. "Participating institution" means only the entities that
comprise a comprehensive university pursuant to Section 17-101 of
this title and which:
a. maintain an alternate retirement plan pursuant to the
provisions of this act, and
b. employ eligible employees;
2. "Alternate retirement plan" means any employee retirement
plan that is created solely to provide benefits for eligible
employees, as defined in this section, for periods of service on or
after July 1, 2004. Such retirement plan shall be a plan meeting the
requirements of Section 401(a) of the Internal Revenue Code of 1986,
as amended, operated pursuant to the provisions of this act;
3. "Board of regents" means the board or body designated by the
Oklahoma Constitution or by this title as the board of regents or
governing board of a comprehensive university that is a participating
institution;
4. "Eligible employee" means any employee of a participating
institution who (a) was initially appointed or hired after June 30,
2004, and (b) meets the eligibility requirements of the alternate
retirement plan of the participating institution that employs the
eligible employee. However, the term "eligible employee" does not
include a person whose employment is incidental to his or her
educational program or whose employment is not continuous. Such
eligible employees shall be eligible to participate in the alternate
retirement plan if they make a one-time irrevocable written election
pursuant to this act; and
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5. "One-time irrevocable written election" means a one-time
election made pursuant to this act by an eligible employee that shall
be in writing and irrevocable and shall cover all future service with
a participating institution regardless of a break in service.
Added by Laws 2004, c. 385, § 2, eff. July 1, 2004. Amended by Laws
2017, c. 285, § 1, eff. Nov. 1, 2017.
§70-17-203. Alternative retirement plans authorized – Permitted
investments.
Alternate retirement plans for eligible employees are hereby
authorized at participating institutions in lieu of the retirement
plan offered by the Teachers' Retirement System of Oklahoma.
Alternate retirement plans shall, for eligible employees, provide
retirement and death benefits to such employees through the purchase
of annuity contracts, qualified retirement trusts or custodial
accounts, fixed or variable in nature, or a combination thereof, at
the option of the participating institution.
Added by Laws 2004, c. 385, § 3, eff. July 1, 2004. Amended by Laws
2017, c. 285, § 2, eff. Nov. 1, 2017.
§70-17-204. Board of regents – Establishment and administration of
alternative retirement plan.
A. On or before June 30, 2005, the Board of Regents of a
participating institution may establish an alternate retirement plan
pursuant to the provisions of this act, for the entities under the
jurisdiction of such Board of Regents, for eligible employees in lieu
of membership in the Teachers' Retirement System of Oklahoma. The
Board of Regents of the applicable participating institution shall
determine the terms and conditions of the alternate retirement plan
including, by example, terms for eligibility, contributions, vesting
and the amount of benefits, and provide for the administration of
such an alternate retirement plan and perform or authorize the
performance of such functions as may be necessary for such purpose in
accordance with this act.
B. The Board of Regents shall select the company or companies
that shall administer the qualified retirement trust, custodial
accounts or from which annuity contracts are to be purchased under
the alternate retirement plan and shall approve the form and content
of all agreements governing such trusts, accounts or contracts.
C. The Board of Regents of the participating institutions may
delegate certain responsibilities for administering the alternate
retirement plan with respect to each institution's own employees.
Added by Laws 2004, c. 385, § 4, eff. July 1, 2004. Amended by Laws
2017, c. 285, § 3, eff. Nov. 1, 2017.
§70-17-205. Designation of one or more companies to provide for
funding of alternative retirement plan.
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Each Board of Regents which establishes an alternate retirement
plan shall designate one or more companies to provide for the funding
of alternate retirement plan benefits through the purchase of annuity
contracts, qualified retirement trusts or custodial accounts.
Added by Laws 2004, c. 385, § 5, eff. July 1, 2004.
§70-17-206. Election to participate in alternative retirement plan
or Teachers Retirement Plan System of Oklahoma.
A. An eligible employee shall have thirty (30) days from such
eligible employee's initial date of hire or the date the alternate
retirement plan is adopted by the participating institution,
whichever is later, to make a one-time irrevocable written election
to participate in the alternate retirement plan or the Teachers'
Retirement System of Oklahoma. If an eligible employee fails to make
an election within the thirty-day period such eligible employee shall
participate in the Teachers' Retirement System of Oklahoma. If an
eligible employee makes the election to participate in the alternate
retirement plan such eligible employee shall not participate in the
Teachers' Retirement System of Oklahoma nor make employee
contributions to the Teachers' Retirement System of Oklahoma and the
participating institution shall not make employer contributions to
the Teachers' Retirement System of Oklahoma except as otherwise
required by Section 17-201 et seq. of this title. If an eligible
employee elects to participate in the Teachers' Retirement System of
Oklahoma, then the eligible employee shall make employee
contributions to the Teachers' Retirement System of Oklahoma and the
participating institution shall pay the employer contributions of
such eligible employee to the Teachers' Retirement System of Oklahoma
for the month that the eligible employee was hired through the month
that the election is made and as long as the eligible employee
participates in the Teachers' Retirement System of Oklahoma.
B. An eligible employee who elects to participate in the
alternate retirement plan shall be ineligible for participation in
the Teachers' Retirement System of Oklahoma. Ineligibility to
participate in the Teachers' Retirement System of Oklahoma shall
continue so long as such eligible employee remains employed by a
participating institution. If such eligible employee assumes a
different position, which is governed by a state retirement system
other than the alternate retirement plan authorized in Section 17-201
et seq. of this title, the eligible employee shall be subject to the
retirement system rules applicable to that new position. However,
such eligible employee shall not be eligible for service credit in
the Teachers' Retirement System of Oklahoma for service performed
while participating in an alternate retirement plan.
Added by Laws 2004, c. 385, § 6, eff. July 1, 2004. Amended by Laws
2017, c. 285, § 4, eff. Nov. 1, 2017.
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§70-17-207. Initial and additional funding surcharges – Benefits not
considered salary, fringe benefits or compensation – Allocation of
assets – Calculation of liability.
A. Participating institutions establishing an alternate
retirement plan pursuant to this act shall pay an initial funding
surcharge, and if applicable an additional funding surcharge to the
Teachers’ Retirement System of Oklahoma in an amount to amortize the
unfunded accrued liability of the members of the participating
institutions in the System.
B. The initial funding surcharge is intended to ensure
amortization of the unfunded accrued liability of the participating
institutions over a period of thirty (30) years or the amortization
period of the System. The initial funding surcharge shall equal two
and one-half percent (2.5%) of the regular annual compensation of the
electing employees and the eligible employees, who are not
participating in the System but who would have been mandated to
participate in the System under the laws and rules applicable to the
System in effect on June 30, 2004. The initial funding surcharge but
not the additional funding surcharge, if any, shall remain in effect
until the earlier of June 30, 2034, or the June 30th of the year in
which the unfunded accrued liability of the participating
institutions is reduced to zero.
C. In addition to the initial funding surcharge described above,
the participating institutions shall pay to the System an additional
funding surcharge, if required, in an amount necessary to provide for
amortization of the unfunded accrued liability of the participating
institutions over the applicable amortization period of thirty (30)
years, or the amortization period of the System, if longer. The
additional funding surcharge shall be reviewed and adjusted in
subsequent years based on changes in the assets and liabilities of
the membership in the System of the participating institutions. The
additional funding surcharge shall be determined by the Board of
Trustees of the System and the participating institutions pursuant to
the separate agreement of understanding provided in subsection H of
this section. Any change in the additional funding surcharge
indicated to be necessary by the annual actuarial valuation shall be
adopted by the Board of Trustees of the System provided that such
change shall become effective on July 1 of the year following such
annual valuation and the participating institutions shall be notified
by the System no later than January 1 of such year. Provided, the
additional funding surcharge determined for any year shall not be
greater than an additional funding surcharge determined under the
separate agreement of understanding but using the “individual entry
age normal cost method” as described in Revenue Procedure 2000-40,
Approval 8, to determine the normal cost/normal cost percentage of
the participating institutions.
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D. Any payments made to the Teachers’ Retirement System of
Oklahoma pursuant to this section shall not be considered as salary,
fringe benefits or compensation due to the eligible employee or
electing employee for the purpose of meeting any legislative or
contractual obligation of the employer of such person.
E. To determine the amount of assets of the participating
institutions at any point in time after June 30, 2003, the
participating institutions shall have allocated to such institutions
Five Hundred Ninety-two Million Nine Hundred Seventy-four Thousand
Two Hundred Sixty-four Dollars ($592,974,264.00) of the assets of the
Teachers’ Retirement System of Oklahoma which reflects their portion
of assets in the System as of June 30, 2003, plus future employer and
employee contributions including service purchases attributable to
the participating institutions and its members, nine and forty-one
hundredths percent (9.41%) of all federal and state funding received
by the System during the applicable year and other assets contributed
to the System allocable to the participating institutions subject to
the limitations in this subsection, earnings on investments less
distributions and expenses allocable to the participating
institutions. Provided, the allocation of nine and forty-one
hundredths percent (9.41%) of federal and state funding received by
the System to the participating institutions shall not exceed the
unfunded accrued liability and shall remain in effect until the
earlier of June 30, 2034, or when the unfunded accrued liability of
the participating institutions is reduced to zero. However, if for
any applicable year during the thirty-year amortization period
commencing July 1, 2004, there is any unfunded accrued liability
allocable to the participating institutions in the System, then the
allocable percentage of federal and state funding shall be nine and
forty-one hundredths percent (9.41%) but not exceed the unfunded
accrued liability. Provided further, after the expiration of such
thirty-year amortization period, the allocation of federal and state
funding to the participating institutions for any year shall equal
the percentage of all such federal and state funding received by the
System determined by dividing the actuarial accrued liability of the
participating institutions by the actuarial accrued liability of the
System, and such methodology to determine such allocation shall be
made for all years thereafter.
F. After June 30, 2004, the liabilities associated with the
members of the participating institutions participating in the
Teachers’ Retirement System of Oklahoma shall be determined on a
separate basis, reflecting the level of benefits based on the
actuarial methods and assumptions used by the System as applied to
the participating institutions under this act.
G. The actuarial methods and assumptions applicable to the
participating institutions in determining an allocable share of
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assets, liabilities and associated costs as provided in this act
shall be reviewed at least every five (5) years.
H. The Board of Trustees of the Teachers’ Retirement System of
Oklahoma and the participating institutions shall enter into a
separate agreement of understanding which details the procedures to
be applied to implement the required review and subsequent
adjustments to the assets, liabilities and the additional funding
surcharge attributable to the participating institutions or the
actuarial methods or assumptions applied to determine the appropriate
share of assets and liabilities applicable to the participating
institutions. Except as otherwise provided in this act, the Board of
Trustees of the System shall be the final authority to determine all
actuarial methods or assumptions to be used by the System and all
such actuarial methods or assumptions shall be applied on a sound
actuarial basis and on a uniform, fair and consistent basis which
methods and assumptions reflect the actual experience of the members
of the participating institutions.
Added by Laws 2004, c. 385, § 7, eff. July 1, 2004.
§70-17-208. Written acknowledgement that benefits payable under
alternate plan not obligation of state or Teachers’ Retirement System
of Oklahoma – Responsibility for payment of benefits.
All eligible employees participating in the alternate retirement
plan shall acknowledge in writing that benefits payable pursuant to
such alternate retirement plan are not the obligations of the State
of Oklahoma or the Teachers' Retirement System of Oklahoma. The
alternate retirement plan shall be solely responsible for payment of
retirement, death or other benefits earned under the alternate
retirement plan and such benefits shall be paid to the participants
or their beneficiaries pursuant to the terms of the alternate
retirement plan.
Added by Laws 2004, c. 385, § 8, eff. July 1, 2004. Amended by Laws
2017, c. 285, § 5, eff. Nov. 1, 2017.
§70-18-1. Repealed by Laws 1965, c. 397, § 21.
§70-18-1A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-2. Repealed by Laws 1965, c. 397, § 21.
§70-18-2A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-3. Repealed by Laws 1965, c. 397, § 21.
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§70-18-3A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-4. Repealed by Laws 1965, c. 397, § 21.
§70-18-4a. Repealed by Laws 1965, c. 397, § 21.
§70-18-5. Repealed by Laws 1965, c. 397, § 21.
§70-18-5A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-6. Repealed by Laws 1965, c. 397, § 21.
§70-18-6A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-7. Repealed by Laws 1965, c. 397, § 21.
§70-18-7A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-8. Repealed by Laws 1951, p. 235, § 34.
§70-18-8A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-9. Repealed by Laws 1965, c. 397, § 21.
§70-18-9A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17,
1971.
§70-18-10. Repealed by Laws 1965, c. 397, § 21.
§70-18-10A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June
17, 1971.
§70-18-11. Repealed by Laws 1965, c. 397, § 21.
§70-18-11A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June
17, 1971.
§70-18-12. Repealed by Laws 1965, c. 397, § 21.
§70-18-12A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June
17, 1971.
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§70-18-13A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June
17, 1971.
§70-18-14A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June
17, 1971.
§70-18-15A. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
NOTE: This section was not specifically repealed; however, identical
provisions were enacted in the Oklahoma School Code of 1971. See
section 4-103 of Title 70.
§70-18-101. Declaration of legislative intent, policies and
principles.
The Legislature hereby declares that this act is passed for the
general improvement of the public schools in the State of Oklahoma;
to provide the best possible educational opportunities for every
child in Oklahoma; and to have a more beneficial use of public funds
expended for education; and this act shall be liberally construed to
attain these goals within the purview of the following principles and
policies:
1. The education of our children is more than the performance of
a duty or act of love. It is these things and also the highest
expression of enlightened self-interest by the people of Oklahoma.
Education is our finest investment.
2. The system of public schools should be designed to strengthen
and encourage local responsibility for control of public education.
Local school districts should be so organized, financed and directed
that they can provide full educational opportunities for all
children. The maximum public autonomy and responsibility for public
education should remain with the local school districts and the
patrons of such districts.
3. It is the responsibility of the state on behalf of the people
of Oklahoma to establish, maintain, and continually improve the
public schools of Oklahoma. In furtherance of this responsibility,
the people of Oklahoma through the state have the responsibility to
support financially the public schools.
4. Effective local control requires that local school districts
contribute to the support of school budgets in proportion to their
respective abilities.
5. The system of public school support should assure that state
and local funds are adequate for the support of a realistic
foundation program. It is unrealistic and unfair to the children of
the less wealthy districts to provide less state support than is
necessary for full educational opportunities.
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6. The system of public school support should encourage local
school districts to provide and support improved educational
programs.
7. The system of public school support should make provisions
for the apportionment of state funds to local school districts on a
strictly objective basis that can be computed as well by the local
districts as by the state.
8. The system of public school support should effect a
partnership between the state and each local district, with each
participating in accordance with its relative ability. The
respective abilities should be combined to provide a financial plan
between the state and the local school district that will assure full
educational opportunities for every child in Oklahoma.
9. State support should be extended to all local districts
regardless of wealth, for this not only develops a sense of broader
responsibility, but also creates flexibility taxwise permitting the
exercise of local initiative. State support should, to assure equal
educational opportunity, provide for as large a measure of
equalization as possible among districts. The taxing power of the
state should be utilized to raise the level of educational
opportunity in the financially weakest districts of the state.
10. The system of public school support should provide for an
equitable system of state and local sharing in the foundation
program. The degree of local sharing should be based, as nearly as
possible, on the true ability of the local district, so that each may
contribute uniformly to the foundation program.
Added by Laws 1971, c. 305, § 1, emerg. eff. June 17, 1971.
§70-18-102. Repealed by Laws 1998, c. 140, § 1, eff. Nov. 1, 1998.
§70-18-103. Appropriations.
There shall be apportioned and disbursed annually by the State
Board of Education, from appropriations made by the Legislature for
this purpose and from funds derived from other sources provided by
law for this purpose, to the several school districts of the state,
such sums of money as each school district may be qualified to
receive under the provisions of this article. The methods of
apportionment and disbursements contained herein shall remain in
force until the same are amended or repealed by the Legislature. The
State Board of Education will furnish the Legislature each year the
recommended use of any new educational funds, listing priorities and
percentage of new funds recommended for each priority item listed.
Added by Laws 1971, c. 305, § 3, emerg. eff. June 17, 1971.
§70-18-103.1. Repealed by Laws 2003, c. 415, § 46, eff. July 1,
2003.
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§70-18-104. Purpose of funds - Federal funds.
A. The funds apportioned and disbursed to the several school
districts of the state shall be for the purpose of aiding each school
district receiving the same to finance its school budget for each
fiscal year. The State Board of Education shall notify the county
clerk, the board of education, superintendent of each school district
and the school district treasurer of the tentative amount said
district is to receive from the funds apportioned under the
provisions of this article and disbursed according to the provisions
hereof. After such allocation of State Aid has been made by the
State Board of Education and certified to the treasurer of the school
district and district superintendent of schools, such aid may be
included as probable income by the board of education in its Estimate
of Needs and Financial Statement as submitted to the county excise
board, and said excise board shall include such amount in the
approved appropriations, and in addition thereto any federal aid
certified or allocated by the State Board of Education shall be
included in the appropriation made by the excise board if requested
by the board of education; provided, no such federal aid estimate
shall be used in any way to reduce the State Foundation Aid or
Incentive Aid for such school district or sustain a protest for the
reduction of a tax levy. If such allocation of aid is not included
in the board of education’s estimate of needs, it shall be added by
the county clerk to the items of appropriation designated by the
board of education of the school district. Funds received under the
provisions of this article shall be deposited in the general fund of
such school district. Provided, funds received from the federal
government for current expense purposes shall likewise be added to
the appropriation of the general fund if so designated by the board
of education of such school district. Provided, further, that the
board of education of a school district may enter into agreements
with federal agencies for educational projects and programs to be
maintained in such districts; and federal funds received by the
district in pursuance thereof shall, consistent with the agreement
and requirements of the federal agency, be kept, administered and
disbursed in such manner as may be prescribed by rules and
regulations of the board of education.
B. If the State Board of Education should ascertain that
allocation of State Aid to any school district has so changed as to
reduce its State Aid, then the State Board of Education shall
forthwith notify the district superintendent, the clerk of the board
of education, and the treasurer thereof, as to the amount of
reduction in the allocation of State Aid. If there has been an
overpayment the same shall be returned to the State Treasurer and
credited to a refund account which shall be available for further
payment of State Aid. Whenever it becomes necessary for a school
district to refund any overpayment of monies previously received, the
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school district shall issue such warrant against a properly approved
encumbrance in the manner provided by law. Such claim or encumbrance
shall be coded as a refund of prior revenue and paid from the current
expense appropriation of the general fund or such other fund or
account from which such refund may properly be paid by the school
district.
Added by Laws 1971, c. 305, § 4, emerg. eff. June 17, 1971. Amended
by Laws 1988, c. 90, § 22, operative July 1, 1988; Laws 1993, c. 239,
§ 47, eff. July 1, 1993; Laws 2003, c. 434, § 15; Laws 2004, c. 447,
§ 19, emerg. eff. June 4, 2004.
§70-18-105. Director of the Office of Management and Enterprise
Services - Copy of apportionments.
The State Board of Education shall furnish the Director of the
Office of Management and Enterprise Services with a copy of the
apportionments made from the funds appropriated for each fiscal year
to each of the several school districts of the state, and warrants
shall be drawn by the State Treasurer against appropriations for each
fiscal year in accordance with such apportionments only upon the
order of the State Board of Education through the Director of the
Office of Management and Enterprise Services. The warrants for the
payments to the several school districts of any county shall be
forwarded by the State Board of Education through the Director of the
Office of Management and Enterprise Services directly to the
treasurer of each school district.
Added by Laws 1971, c. 305, § 5, emerg. eff. June 17, 1971. Amended
by Laws 1979, c. 47, § 75, emerg. eff. April 9, 1979; Laws 2012, c.
304, § 608.
§70-18-106. Repealed by Laws 1983, c. 330, § 45, operative July 1,
1983.
§70-18-107. Definitions.
As used in this title:
1. "Average Daily Attendance" (ADA) means the legal average
number of pupils, early childhood education programs through grade
twelve, in a school district during a school year as determined
pursuant to the provisions of Section 18-111 of this title. A day of
school for early childhood education programs and kindergarten shall
be at least two and one-half (2 1/2) hours and, for early childhood
education, may be six (6) hours.
2. "Average Daily Membership" (ADM) means the average number of
pupils present and absent in a school district during a school year.
Average Daily Membership shall be calculated by dividing the sum of
the pupil's total days present and total days absent by the number of
days taught. Provided, a pupil who has been absent without excuse
ten (10) consecutive days shall be taken off the roll beginning the
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eleventh day and thereafter shall not be considered in a district's
average daily membership calculation until the pupil is placed on the
roll in the district. For the purpose of this paragraph, consecutive
days means days for which enrollment is recorded.
3. "Total Adjusted Assessed Valuation" means the sum of public
service property assessed valuation, personal property assessed
valuation and real property assessed valuation as adjusted pursuant
to the provisions of Section 18-109.1 of this title.
4. "Eighty-five percent (85%) of maximum allowable", for the
purpose of assessing class size penalty pursuant to Sections 18-113.1
and 18-113.2 of this title, means eighty-five percent (85%) of ten
percent (10%) of the preceding year's net assessed valuation of a
school district. The calculation of indebtedness as provided for in
paragraph a of subsection G of Section 18-113.1 and subparagraph a of
paragraph 4 of subsection A of Section 18-113.2 of this title shall
include the outstanding principal amount of bonds issued by the
school district plus the principal amount of any bonds authorized by
a vote of the people for issuance but not yet issued by the school
district.
Added by Laws 1971, c. 305, § 7, emerg. eff. June 17, 1971. Amended
by Laws 1981, c. 347, § 14, emerg. eff. July 1, 1981; Laws 1983, c.
330, § 11, operative July 1, 1983; Laws 1992, c. 111, § 3, eff. July
1, 1992; Laws 1996, c. 215, § 1, eff. July 1, 1996; Laws 1998, c.
204, § 3, eff. July 1, 1998.
§70-18-107.1. Determining financial support to school districts
through State Aid Formula - Property included in assessed valuation.
Except as provided for in subsection D of Section 18-200 of this
title, for the purpose of determining the financial support to school
districts through the State Aid Formula, the assessed valuation of a
school district shall include the total valuation of property exempt
from taxation by virtue of Section 6B of Article X of the Oklahoma
Constitution as approved for reimbursement by the Oklahoma Tax
Commission pursuant to the provisions of Section 193 of Title 62 of
the Oklahoma Statutes.
Added by Laws 1992, c. 334, § 43, eff. July 1, 1992.
§70-18-108. Free public kindergarten - School district transfer
alternative - Exemption.
A. It is the intent of the Legislature to provide a free public
kindergarten for every five-year-old child in this state.
B. Each day during which a child attends a kindergarten for two
and one-half (2 1/2) hours or more shall be counted as one hundred
percent (100%) of one (1) day of average daily attendance. Each day
a kindergarten student is on the membership roll in a school district
shall be counted as one hundred percent (100%) of one (1) day of
average daily membership.
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C. It shall be the duty of every school district in this state
to provide and offer kindergarten free of tuition for every child
residing in the district who attains the age of five (5) years on or
before the first day of September during the school year such
kindergarten is offered. The duty to provide and offer kindergarten
may be satisfied by transferring kindergarten children to other
school districts which accept them and provide kindergarten for such
children, or by contracting for classroom space with a licensed
public or licensed private child care provider based upon selection
criteria established by the district.
D. A kindergarten program may be offered jointly by school
districts that have formed interlocal cooperative agreements pursuant
to Section 5-117b of this title.
E. Beginning with the 2013-2014 school year, it shall be the
duty of every school district in this state to provide and offer a
full six-hour day of kindergarten free of tuition for every child
residing in the district who attains the age of five (5) years on or
before the first day of September during the school year kindergarten
is offered. The duty to provide and offer kindergarten may be
satisfied by intra-district transfer to a school offering full-day
kindergarten, by transferring kindergarten children to other school
districts which will accept them and can provide kindergarten for
such children, or by contracting for classroom space with a licensed
public or licensed private child care provider based upon selection
criteria established by the district. A school district shall be
exempt from the provisions of this subsection if the school district
has voted indebtedness through the issuance of bonds or approval by
voters of issuance of new bonds for more than eighty-five percent
(85%) of the maximum allowable, pursuant to the provisions of Section
26 of Article X of the Oklahoma Constitution, at any time within the
previous five (5) years.
F. The requirement to attend kindergarten provided in Section
10-105 of this title may be satisfied by attendance in either a half-
day or full-day program. Membership in a kindergarten for either two
and one-half (2 1/2) hours or six (6) hours per school day shall be
counted as one (1) day for average daily membership purposes. For
purposes of State Aid, the pupil grade level weight for a two-and-
one-half-hour day of kindergarten shall be 1.3, and for a six-hour
full day of kindergarten shall be 1.5.
Added by Laws 1971, c. 305, § 8, emerg. eff. June 17, 1971. Amended
by Laws 1974, c. 20, § 1, emerg. eff. April 8, 1974; Laws 1981, c.
347, § 22, eff. July 1, 1981; Laws 1994, c. 220, § 3, eff. July 1,
1995; Laws 1999, c. 355, § 1, eff. July 1, 1999; Laws 2000, c. 6, §
19, emerg. eff. March 20, 2000; Laws 2001, c. 201, § 4; Laws 2003, c.
434, § 24; Laws 2005, c. 432, § 9, eff. July 1, 2005; Laws 2011, c.
345, § 1.
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NOTE: Laws 1999, c. 320, § 53 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000. Laws 2001, c. 5, § 64 repealed by Laws
2001, c. 414, § 15, eff. Aug. 23, 2001.
§70-18-109. Repealed by Laws 1981, c. 347, § 50, emerg. eff. July 1,
1981.
§70-18-109.1. State Aid Formula - Procedure.
The Legislature hereby declares, for the purpose of financial
support to school districts through the State Aid Formula, that
greater equalization of State Aid to school districts will be
attained by the following procedure:
1. For the 1989-90 school year, the real property portion of the
valuations for those school districts in counties having an
assessment ratio in excess of twelve percent (12%) shall be computed
at a twelve percent (12%) assessment ratio to determine chargeable
valuations. Beginning with the 1990-91 school year, the real
property portion of the valuations for those school districts in
counties having an assessment ratio in excess of eleven percent (11%)
shall be computed at an eleven percent (11%) assessment ratio to
determine chargeable valuations. Beginning with the 1991-92 school
year, the commercial personal and agricultural personal property
portion of the valuations for those school districts in counties
having an assessment ratio in excess of eleven percent (11%) shall be
computed at an eleven percent (11%) assessment ratio to determine
chargeable valuations. The Oklahoma Tax Commission shall supply to
the State Department of Education the information necessary to carry
out the provisions of this paragraph.
2. The real property portions of the valuations for those school
districts in counties having an actual assessment ratio of less than
twelve percent (12%) shall be computed at the actual assessment ratio
in effect for the county as determined by the Oklahoma Tax Commission
in order to determine chargeable valuations for calculating State Aid
to such district if such ratio is at least nine percent (9%) and the
county is certified by the Oklahoma Tax Commission to have a
verifiable revaluation program using property identification cards
for the applicable assessment year.
3. The real property portion of the valuations for those school
districts in counties which have an actual assessment ratio of less
than twelve percent (12%) and which are not certified by the Oklahoma
Tax Commission to have a verifiable revaluation program using
property identification cards shall be computed at a twelve percent
(12%) assessment ratio to determine chargeable valuations. For each
school year, the actual assessment ratio shall be the assessment
ratio recommended by the Oklahoma Tax Commission and certified by the
State Board of Equalization for the applicable assessment year.
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4. The Oklahoma Tax Commission shall certify by October 1, for
each applicable assessment year, to the State Superintendent of
Public Instruction those counties which have revaluation programs
using property identification cards. The Oklahoma Tax Commission
shall, as soon as practicable, certify to the State Superintendent of
Public Instruction and the district attorney for the applicable
county the date as of which a county implements a verifiable
revaluation program using property identification cards after October
1 of any year.
5. Any county assessor who fails to have an approved revaluation
program using property identification cards shall pay a penalty in
the amount of One Hundred Dollars ($100.00) for each calendar day
beyond October 1 of any year that the county does not have a
verifiable revaluation program using property identification cards.
The penalty shall be imposed for each calendar day on and after
October 2 of each year until the county implements a verifiable
revaluation program using property identification cards; provided,
that such penalty shall be collected from any county assessor of a
county which did not have a verifiable revaluation program using
property identification cards as of October 1, 1985, for each day
from and after July 1, 1986, that the applicable county does not have
a verifiable revaluation program using property identification cards.
6. Upon receipt of certification by the Oklahoma Tax Commission
of the counties having approved revaluation programs, the State
Superintendent of Public Instruction shall cause notice to be mailed
by return receipt mail to the county assessor, the district attorney,
the county treasurer and the superintendent of each school district
of any county not included in the certification.
7. The district attorney, upon receipt of the notice provided
for in paragraph 6 of this section, shall immediately institute an
action to collect the One Hundred Dollar ($100.00) penalty for each
day that the county does not have a verifiable revaluation program
using property identification cards. The district attorney shall be
authorized to institute a single action in district court pursuant to
which any amount of penalty may be collected for any day the assessor
fails to implement the revaluation program using property
identification cards. Any amount of such fine collected shall be
deposited in a special account within the county general fund. Such
amounts shall be apportioned to the school districts of the county on
the basis of the preceding year's average daily attendance.
8. The district attorney shall initiate action for removal of
the county assessor from office for malfeasance if the county
assessor has not instituted a verifiable revaluation program using
property identification cards within thirty (30) days after the
district attorney receives notice from the State Superintendent of
Public Instruction. Initiation of an action for the removal of the
county assessor for malfeasance as required by this section is a
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mandatory duty of the office of the district attorney. If the
district attorney fails to initiate an action within forty (40) days
after receipt of the notice from the State Superintendent of Public
Instruction, and the county assessor has not implemented a verifiable
revaluation program using property identification cards, the district
attorney shall pay a penalty of One Hundred Dollars ($100.00) for
each day that an action could have been filed for the removal of the
county assessor and such action has not been filed or until the
county assessor implements the revaluation program using property
identification cards. The Attorney General shall initiate an action
to collect the penalty from the district attorney pursuant to the
authority of Section 18b of Title 74 of the Oklahoma Statutes. All
penalties collected pursuant to the provisions of this paragraph
shall be deposited in the special account within the county general
fund and apportioned to the school districts of the county on the
basis of the preceding year's average daily attendance.
9. The notice to the superintendents of the various school
districts from the State Superintendent of Public Instruction shall
state that the State Aid formula funds computed for such districts
based upon the actual assessment ratio valuations in excess of the
amount computed upon twelve percent (12%) assessment ratio valuations
shall be withheld from distribution to the school district until the
office of the county assessor has complied with the requirement of a
verifiable revaluation program using property identification cards.
Amended by Laws 1982, c. 287, § 7, operative July 1, 1982; Laws 1982,
c. 369, § 2, emerg. eff. July 14, 1982; Laws 1983, c. 330, § 12,
operative July 1, 1983; Laws 1984, c. 296, § 6, operative July 1,
1984; Laws 1986, c. 259, § 12, operative July 1, 1986; Laws 1989, c.
315, § 49, operative July 1, 1989; Laws 1990, c. 263, § 62, operative
July 1, 1990.
§70-18-109.2. Repealed by Laws 1989, 1st Ex.Sess., c. 2, § 121,
operative July 1, 1990.
§70-18-109.3. Repealed by Laws 1989, 1st Ex. Sess., c. 2, § 121,
operative July 1, 1990.
§70-18-109.4. Repealed by Laws 1989, 1st Ex. Sess., c. 2, § 121,
operative July 1, 1990.
§70-18-109.5. Definitions.
A. As used in Section 18-201.1 of this title:
1. "Visual impairment" means an impairment in vision that, even
with correction, adversely affects a child's educational performance.
This includes both partial sight and blindness;
2. "Specific learning disability" means a disorder in one or
more of the basic psychological processes involved in understanding
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or in using language, spoken or written, that may manifest itself in
the imperfect ability to listen, think, speak, read, write, spell or
to do mathematical calculations, including conditions such as
perceptual disabilities, brain injury, minimal brain dysfunction,
dyslexia and developmental aphasia. The term does not include
learning problems that are primarily the result of visual, hearing or
motor disabilities, of intellectual disability, of emotional
disturbance or of environmental, cultural or economic disadvantage;
3. "Deafness" means a hearing impairment that is so severe that
the child is impaired in processing linguistic information through
hearing, with or without amplification, that adversely affects a
child's educational performance;
4. "Economically disadvantaged" means all children who qualify
for free or reduced lunches;
5. "Intellectual disability" means significantly subaverage
general intellectual functioning, existing concurrently with deficits
in adaptive behavior and manifested during the development period,
that adversely affects a child's educational performance;
6. "Emotional disturbance" means a condition exhibiting one or
more of the following characteristics over a long period of time and
to a marked degree that adversely affects a child's educational
performance:
a. an inability to learn which cannot be explained by
intellectual, sensory or health factors,
b. an inability to build or maintain satisfactory
interpersonal relationships with peers and teachers,
c. inappropriate types of behavior or feelings under
normal circumstances,
d. a general pervasive mood of unhappiness or depression,
or
e. a tendency to develop physical symptoms or fears
associated with personal or school problems.
The term includes children who are schizophrenic. The term does not
include children who are socially maladjusted, unless it is
determined that they are seriously emotionally disturbed;
7. "Gifted" means identified students as outlined in Section
1210.301 of this title;
8. "Hearing impairment" means an impairment in hearing, whether
permanent or fluctuating, that adversely affects a child's
educational performance but that is not included under the definition
of "deafness";
9. "Multiple disabilities" means concomitant impairments, such
as intellectual disability – blindness or intellectual disability –
orthopedic impairment, the combination of which causes such severe
educational needs that they cannot be accommodated in special
education programs solely for one of the impairments. The term does
not include deaf-blindness;
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10. "Orthopedic impairment" means a severe orthopedic impairment
that adversely affects a child's educational performance. The term
includes impairments caused by a congenital anomaly, impairments
caused by disease such as poliomyelitis and bone tuberculosis, and
impairments from other causes such as cerebral palsy, amputations and
fractures or burns that cause contractures;
11. "Other health impairment" means having limited strength,
vitality or alertness, including a heightened alertness to
environmental stimuli, that results in limited alertness with respect
to the educational environment that adversely affects a child's
educational performance and is due to chronic or acute health
problems such as asthma, attention deficit disorder or attention
deficit hyperactivity disorder, diabetes, epilepsy, a heart
condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic
fever, sickle cell anemia and Tourette syndrome;
12. "Speech or language impairment" means a communication
disorder, such as stuttering, impaired articulation, a language
impairment, or a voice impairment, that adversely affects a child's
educational performance;
13. "Deaf-blindness" means concomitant hearing and visual
impairments, the combination of which causes such severe
communication and other developmental and educational problems that
they cannot be accommodated in special education programs solely for
children with deafness or children with blindness;
14. "Autism" means a developmental disability significantly
affecting verbal and nonverbal communication and social interaction,
generally evident before age three (3), that adversely affects a
child's educational performance. Other characteristics often
associated with autism are engagement in repetitive activities and
stereotyped movements, resistance to environmental change or change
in daily routines, and unusual responses to sensory experiences.
Autism does not apply if a child's educational performance is
adversely affected primarily because the child has an emotional
disturbance, as defined in this subsection;
15. "Traumatic brain injury" means an acquired injury to the
brain caused by an external physical force, resulting in total or
partial functional disability or psychosocial impairment, or both,
that adversely affects a child's educational performance. Traumatic
brain injury applies to open or closed head injuries resulting in
impairments in one or more areas such as cognition; language; memory;
attention; reasoning; abstract thinking; judgment; problem-solving;
sensory, perceptual, and motor abilities; psychosocial behavior;
physical functions; information processing; and speech. Traumatic
brain injury does not apply to brain injuries that are congenital or
degenerative or to brain injuries induced by birth trauma;
16. "Bilingual" means those students who have limited English
speaking abilities or who come from homes where English is not the
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dominant language as reported on the current year application for
accreditation;
17. "Special Education Summer Program" means those summer school
programs which school districts may provide for children who are
severely or profoundly multiple-handicapped if their individualized
education program states the need for a continuing educational
experience to prevent loss of educational achievement or basic life
skills. Any school district receiving funds for such special
education summer programs shall provide services as provided in
Section 13-101 of this title; and
18. "Optional Extended School Year Program" means the program
defined in Section 1-109.1 of this title.
B. The State Board of Education is hereby authorized to modify
and redefine by rule the definitions set out in this section whenever
such modification is required to receive federal assistance therefor.
Added by Laws 1981, c. 347, § 18, emerg. eff. July 1, 1981. Amended
by Laws 1982, c. 287, § 10, operative July 1, 1982; Laws 1989, 1st
Ex. Sess., c. 2, § 109, emerg. eff. April 25, 1990; Laws 1998, c.
246, § 33, eff. Nov. 1, 1998; Laws 2000, c. 308, § 3, eff. July 1,
2000; Laws 2018, c. 228, § 1, eff. July 1, 2018.
§70-18-109.6. Pupil grade level weights - Midterm supplements -
Review and recommendations - Report.
A. The State Board of Education shall review the pupil grade
level weights, district weights and pupil category weights which form
a part of the school funding formula using the results of the
educational cost accounting system now in place and shall make
recommendations for revisions to such weights to the Governor, the
Speaker of the House of Representatives, and the President Pro
Tempore of the Senate on or before April 1, 1991.
B. The recommendations of the State Board of Education required
by subsection A of this section shall take into consideration the
findings and recommendations of the report of the Special Joint
Committee on School Finance, created pursuant to Section 45 of
Enrolled House Bill No. 1035 of the 1st Session of the 40th Oklahoma
Legislature, in addition to any other information the Board
determines relevant to such review. The Board is directed to pay
particular attention to a review of the pupil category weights, and
should determine whether the creation of other weights is warranted.
C. In addition to the review and recommendations required by
subsection A of this section, the State Board of Education shall
review that part of the State Aid formula which provides for a
midterm supplement in State Aid to school districts. The Board shall
make recommendations in a report regarding revisions to or
elimination of the provisions for such supplement to the Governor,
the Speaker of the House of Representatives, and the President Pro
Tempore of the Senate on or before September 1, 1990. On or before
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September 1, 1990, the Board shall send a copy of the report to the
administrator of each school site in the state.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 60, emerg. eff. April 25,
1990. Amended by Laws 1990, c. 263, § 73, operative July 1, 1990.
§70-18-109.7. Common School Fund.
A. Pursuant to Section 12a of Article X of the Oklahoma
Constitution, there is hereby created in the State Treasury a fund to
be designated as the "Common School Fund". Monies from this fund
shall be apportioned by the State Treasurer for distribution as
provided for by the Legislature through the State Aid Formula for the
benefit of the common schools of this state.
B. Beginning January 1, 1991, taxes collected on public service
corporation property for the benefit of the common schools pursuant
to paragraph 2 of subsection B of Section 12a of Article X of the
Oklahoma Constitution, except that portion of such taxes collected
for the benefit of school districts in this state pursuant to Section
26 of Article X of the Oklahoma Constitution and that portion of such
taxes collected for purposes of raising money for a building fund for
a school district pursuant to Section 9 of Article X of the Oklahoma
Constitution, and taxes collected on locally assessed
commercial/industrial real and personal property for the benefit of
the common schools pursuant to paragraph 2 of subsection C of Section
12a of Article X of the Oklahoma Constitution, except that portion of
such taxes collected for the benefit of school districts in this
state pursuant to Section 26 of Article X of the Oklahoma
Constitution and that portion of such taxes collected for purposes of
raising money for a building fund for a school district pursuant to
Section 9 of Article X of the Oklahoma Constitution, together with
any revenues accruing to it pursuant to law and any money
appropriated to it by the Legislature shall be paid to the State
Treasurer to be placed in the Common School Fund.
C. Beginning July 1, 1991, gross production taxes collected on
oil and gas which are apportioned for common school purposes pursuant
to the provisions of Section 1004 of Title 68 of the Oklahoma
Statutes, motor vehicle taxes and fees collected pursuant to the
Oklahoma Vehicle License and Registration Act which are apportioned
for common school purposes pursuant to the provisions of Section 1104
of Title 47 of the Oklahoma Statutes and taxes levied upon rural
electric cooperative corporations which are apportioned for common
school purposes pursuant to the provisions of Section 1806 of Title
68 of the Oklahoma Statutes together with any revenues accruing to it
pursuant to law and any money appropriated to it by the Legislature
shall be paid to the State Treasurer to be placed in the Common
School Fund.
D. The provisions of this section shall not have the force and
effect of law unless and until the voters of the State of Oklahoma
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approve amendments to Section 12a of Article X of the Oklahoma
Constitution contained in Enrolled House Joint Resolution No. 1005 of
the 1st Extraordinary Session of the 42nd Oklahoma Legislature.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 93, operative Jan. 1, 1991.
§70-18-110. Adjustments and limitations.
A. If any district, or a part of a district, becomes a part of
another district by consolidation, annexation, or otherwise, the
following procedure shall be followed, except as otherwise provided
by law, in calculating aid to the new district or districts so
formed:
1. If the action occurs after budgets have been approved by the
county excise board and the tax levies approved, the State Aid for
the current year shall be calculated for each district as it existed
prior to the annexation and prorated to the annexing district or
districts on the basis of average daily attendance.
2. If the action occurs prior to approval of the school district
budgets by the county excise board, the annexed district shall be
merged with the annexing district or districts and State Aid shall be
calculated according to the formula provided by this title.
B. Any school district that does not maintain school for a full
term pursuant to Section 1-109 of this title shall have its State Aid
reduced proportionately unless it has received written approval to
maintain school for less than a full term from the State Board of
Education. The State Board of Education shall not approve any
request to maintain school for less than a full term unless such
request meets the requirements of Section 1-109 of this title.
C. 1. If a school district operates a school located in a state
institution, as described in subsection E of Section 1-113 of this
title, for the pupils of school age residing in such institution, the
membership of such children shall be included in the membership of
such school district for the purpose of calculating State Aid of the
district.
2. If a school district provides education to children in out-
of-home placements who are not residents of the school district in
which an entity is located pursuant to the provisions of subsections
D and F of Section 1-113 of this title, the membership and out-of-
home placement pupil weight for such student shall be included in the
membership of the district providing the education for the purposes
of calculating State Aid.
D. Upon determination by the Finance Division of the State
Department of Education that a legal residence for a child placed in
an out-of-home placement cannot be identified, the district in which
the placement is located shall be the district of residence and the
average daily membership of such child shall be credited to such
district.
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E. If any school district shall fail, neglect or refuse, for any
reason whatsoever, to provide special education and related services
for a child with disabilities, certified as such by competent
authorities and residing in such district, as directed in Section 13-
101 of this title, the following is hereby authorized:
1. Such child shall be entitled, upon petition by the child's
parent or guardian, without consent or approval of the school
district not providing special education and related services, to
transfer to any adjacent or nearby school district which will accept
the child with disabilities and provide the special education and
related services which such child is entitled to receive.
Notwithstanding the provisions of the Education Open Transfer Act, a
school district in which a child transferring under this section
resides shall pay to the district receiving and educating such child,
as tuition, a special education transfer fee as provided in paragraph
2 of this subsection. Provided the average daily membership of such
child shall be credited to the resident district of such transferee.
2. The special education transfer fee shall be the per capita
cost of the receiving district for current expenditures for the
special education and related services of such child with
disabilities based upon the cost of teachers, equipment, material,
and special costs associated with the special education class.
3. It shall be the duty of the school district from which such
child with disabilities transfers to appropriate and pay such special
education transfer fee to the district which receives and educates
such child. If a school district owing such special education
transfer fees shall fail, neglect or refuse for any reason whatsoever
to appropriate and pay such special education transfer fees, then the
school district entitled to receive such fees shall certify such fact
to the Finance Division of the State Department of Education. Upon
receipt of such certification, the Finance Division shall deduct the
amount of the special education fee from any State Foundation Program
or Incentive Aid otherwise due the sending district and transmit such
amount to the receiving district.
4. The sending school district shall also be obligated to pay
the special education transfer fee, notwithstanding the provisions of
the Education Open Transfer Act:
a. whenever a student who resides in the district is
transferred to another school district for purposes
other than to acquire special education,
b. the student is subsequently found to require such
special education and related services,
c. the student is determined to be eligible by the Special
Education Division of the State Department of
Education, and
d. the student is placed in an appropriate special
education program by the receiving school district.
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For purposes of this paragraph, the special education transfer fee
shall be as provided by paragraph 2 of this subsection, prorated by
the receiving school district according to the number of days the
student has been enrolled in the special education program. The
receiving district shall notify the sending district immediately upon
finding that the student requires special education and related
services and the sending district shall participate in planning the
student's Individualized Education Program (IEP) and in subsequent
reviews of the program in accordance with the Individuals with
Disabilities Education Act (IDEA).
Added by Laws 1971, c. 305, § 10, emerg. eff. June 17, 1971. Amended
by Laws 1978, c. 28, § 1; Laws 1981, c. 81, § 2, emerg. eff. April
20, 1981; Laws 1982, c. 287, § 11, operative July 1, 1982; Laws 1984,
c. 182, § 2, emerg. eff. May 7, 1984; Laws 1985, c. 336, § 2,
operative July 1, 1985; Laws 1989, c. 315, § 53, operative July 1,
1989; Laws 1994, c. 168, § 3, eff. July 1, 1994; Laws 1996, c. 319, §
3, eff. July 1, 1996; Laws 1997, c. 343, § 4, eff. July 1, 1997; Laws
1998, c. 362, § 3, eff. July 1, 1998; Laws 1999, c. 320, § 29, eff.
July 1, 1999.
§70-18-111. Average daily membership - Legally resident pupils.
No pupil shall be counted in the average daily membership of any
district for the purpose set out in this article unless said pupil is
a legal resident of said district as provided for in Section 1-113 of
this title or has been transferred to said district. A pupil moving
from a school district during a school term shall be entitled to
attend such school for the remainder of that school term. School
districts shall not include out-of-state pupils in their average
daily membership for the purpose set out in this article. The
following pupils shall not be counted: Those who have attained
twenty-one (21) years of age by September 1 of that school year, or
who have completed the twelfth grade, except as elsewhere provided
for by law for veterans of World War II, the Korean War, or the
Vietnam Conflict, and those who have not attained four (4) years of
age by September 1 of that school year. In determining the ages of
pupils for State Aid purposes, birth certificates shall be presented,
if obtainable, as proof of age. Underage pupils in kindergarten and
first grade who have been in legal school attendance in a public or
private school in another state or in a Department of Defense School
for military dependents may be legally enrolled and attend an
Oklahoma school.
Added by Laws 1971, c. 305, § 11, emerg. eff. June 17, 1971. Amended
by Laws 1981, c. 131, § 1, emerg. eff. May 4, 1981; Laws 1983, c.
150, § 2, operative July 1, 1983; Laws 1984, c. 296, § 29, operative
July 1, 1984; Laws 1998, c. 204, § 4, eff. July 1, 1998.
*+,-11'121#+,, .;!
§70-18-112. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §121,
operative July 1, 1990.
§70-18-112.1. Repealed by Laws 1984, c. 296, § 41, operative July 1,
1984.
§70-18-112.2. Supplemental State Aid.
A. For the 1987-88 school year and for each school year
thereafter, each school district which, pursuant to the provisions of
Section 18-112 of Title 70 of the Oklahoma Statutes, received funding
for the 1986-87 school year in excess of the sum of Foundation Aid,
Salary Incentive Aid, and Transportation Supplement otherwise
authorized pursuant to Section 18-109.2 of Title 70 of the Oklahoma
Statutes shall receive a Supplement in State Aid: For the 1987-88
school year, said Supplement shall be equal to sixty-seven percent
(67%) of the amount of said excess funding, less the amount by which
the sum of Foundation Aid, Salary Incentive Aid, and Transportation
Supplement exceeds said sum for the preceding school year; for the
1988-89 school year and thereafter, the Supplement in State Aid shall
be an amount equal to the previous year's Supplement less the amount
by which the sum of Foundation Aid, Salary Incentive Aid, and
Transportation Supplement for the school year being considered
exceeds said sum for the preceding school year. No school district
shall receive for any school year subsequent to the 1987-88 school
year a Supplement in State Aid larger than said Supplement received
for the year preceding the subsequent year. Districts must levy
thirty-five (35) General Fund mills to receive this Supplement.
B. Eligibility of a district for a Supplement in State Aid shall
not cause the district to be exempt from penalties required by the
provisions of Section 18-113.1 of Title 70 of the Oklahoma Statutes.
Calculation of the Supplement in State Aid shall be based on use of
unreduced average daily attendance for determination of the sum of
Foundation Aid, Salary Incentive Aid, and Transportation Supplement.
The actual amount of Foundation Aid, Salary Incentive Aid, and
Transportation Supplement to be paid, however, shall be subject to
the provisions of Section 18-113.1 of Title 70 of the Oklahoma
Statutes.
Added by Laws 1987, c. 204, § 83, operative July 1, 1987.
§70-18-113. Repealed by Laws 1985, c. 329, § 29, emerg. eff. July
30, 1985.
§70-18-113.1. Class size limitation - Penalties - Exemptions.
A. The provisions of this subsection shall apply only to grades
one through three.
1. Except as otherwise provided for in this section, no child
shall be included in the average daily membership of a school
*+,-11'121#+,, .;!"
district for the purpose of computing and paying state-appropriated
funds if that child is regularly assigned to a teacher or to a class
that includes more than twenty (20) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size limitation
and penalty shall not apply if:
a. the creation of an additional class would cause a class
to have fewer than ten (10) students; and
b. a teacher's assistant, as defined in Section 6-127 of
this title, is employed to serve with each teacher in a
class that exceeds the class size limitation provided
for in this subsection.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations are
exceeded beginning after the first nine (9) weeks of the school year.
Any school district found to be in violation of the provisions of
this subsection shall receive a penalty in the State Aid formula as a
reduction to State Aid to be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
B. The provisions of this subsection shall apply only to grades
four through six.
1. Except as otherwise provided for in this section, no child
shall be included in the average daily membership of a school
district for the purpose of computing and paying state-appropriated
funds if that child is regularly assigned to a teacher or to a class
that includes more than twenty (20) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size limitation
and penalty shall not apply if the creation of an additional class
would cause a class to have fewer than sixteen (16) students.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations are
exceeded beginning after the first nine (9) weeks of the school year.
4. Any school district found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
*+,-11'121#+,, .;!
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
C. Classes in the following subjects shall not be subject to the
class size limitations provided for in subsections A and B of this
section:
1. Physical education; and
2. Chorus, band, orchestra and similar music classes.
D. If a school district groups its grades as grades one through
five, grades six through eight, and grades nine through twelve, then
as to such district the provisions of subsection B of this section
shall apply to grades four and five rather than grades four through
six, and the provisions of Section 18-113.3 of this title shall apply
to grades six through twelve.
E. Any violations of the provisions of this section shall result
in denial of accreditation in accordance with the requirements of
Section 3-104.4 of this title.
F. Any school district which at the beginning of the school year
does not have sufficient classrooms to meet the class size limitation
provided for in this section as determined by guidelines established
by the State Board of Education shall not be penalized for failure to
meet the class size limitations provided for in this section if:
a. the school district has voted indebtedness, at any time
within the five (5) years preceding the year the
district exceeds the class size limitations or during
the year the district exceeds the class size
limitations, through the issuance of bonds or approval
by voters of issuance of new bonds for more than
eighty-five percent (85%) of the maximum allowable
pursuant to the provisions of Section 26 of Article X
of the Oklahoma Constitution as shown on the school
district budget filed with the State Equalization Board
for the current school year and certifications by the
Attorney General prior to February 1 of the current
school year; and
b. on the date of filing of the school district budget
with the State Equalization Board, the school district
is voting the maximum millage allowable for the
support, maintenance and construction of schools as
provided for in subsections (a), (c), (d) and (d-1) of
Section 9 of Article X of the Oklahoma Constitution and
Section 10 of Article X of the Oklahoma Constitution.
*+,-11'121#+,, .;
G. Any school district which exceeds the class size limitations
as set forth in this section shall submit a written report to the
State Board of Education, on or before July 1 of each year, setting
forth the procedures that the district will follow in order to comply
with this section.
H. School districts which receive state-appropriated funds
pursuant to the provisions of Section 18-112.2 of this title and do
not comply with the provisions of this section shall be subject to
loss of State Aid for each child in excess of the class size
limitations specified in this section.
Added by Laws 1985, c. 329, § 3, emerg. eff. July 30, 1985. Amended
by Laws 1986, c. 259, § 19, operative July 1, 1986; Laws 1987, c.
204, § 84, operative July 1, 1987; Laws 1988, c. 207, § 3, operative
July 1, 1988; Laws 1989, c. 214, § 1, emerg. eff. May 9, 1989; Laws
1989, 1st Ex.Sess., c. 2, § 28, operative July 1, 1990; Laws 1990, c.
263, § 69, operative July 1, 1990; Laws 1991, c. 280, § 71, eff. July
1, 1991; Laws 1992, c. 324, § 15, eff. July 1, 1992; Laws 1996, c.
314, § 1, eff. July 1, 1996.
§70-18-113.2. Class size limitations - Kindergarten - Penalties -
Exemptions.
A. The provisions of this section shall apply only to
kindergarten.
1. No child shall be included in the average daily membership of
a school district for the purpose of computing and paying state-
appropriated funds if that child is regularly assigned to a teacher
or to a class that includes more than twenty (20) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size limitation
and penalty shall not apply if:
a. the creation of an additional class would cause a class
to have fewer than ten (10) students; and
b. a teacher's assistant, as defined in Section 6-127 of
this title, is employed to serve with each teacher in a
class that exceeds the class size limitation provided
for in this subsection.
3. No school district shall be penalized for exceeding class
size limitations set forth in this section if the limitations are
exceeded beginning after the first nine (9) weeks of the school year.
4. Any school district which at the beginning of the school year
does not have sufficient classrooms to meet the class size limitation
provided for in this section as determined by guidelines established
by the State Board of Education shall not be penalized for failure to
meet the class size limitations provided for in this section if:
a. the school district has voted indebtedness, at any time
within the five (5) years preceding the year the
district exceeds the class size limitations or during
*+,-11'121#+,, .;
the year the district exceeds the class size
limitations, through the issuance of bonds or approval
by voters of issuance of new bonds for more than
eighty-five percent (85%) of the maximum allowable
pursuant to the provisions of Section 26 of Article X
of the Oklahoma Constitution as shown on the school
district budget filed with the State Equalization Board
for the current school year and certifications by the
Attorney General prior to February 1 of the current
school year; and
b. on the date of filing of the school district budget
with the State Equalization Board, the school district
is voting the maximum millage allowable for the
support, maintenance and construction of schools as
provided for in subsections (a), (c), (d) and (d-1) of
Section 9 of Article X of the Oklahoma Constitution and
Section 10 of Article X of the Oklahoma Constitution.
5. Any school district found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
B. Any violations of the provisions of this section shall result
in denial of accreditation in accordance with the requirements of
Section 3-104.4 of this title.
C. School districts which receive state-appropriated funds
pursuant to the provisions of Section 18-112.2 of this title and do
not comply with the provisions of this section shall be subject to
loss of State Aid for each child in excess of the class size
limitations specified in this section.
Added by Laws 1989, c. 214, § 2, emerg. eff. May 9, 1989. Amended by
Laws 1989, 1st Ex.Sess., c. 2, § 29, operative July 1, 1990; Laws
1990, c. 263, § 70, operative July 1, 1990; Laws 1991, c. 280, § 72,
eff. July 1, 1991; Laws 1996, c. 314, § 2, eff. July 1, 1996.
§70-18-113.3. Class size - Computation - Number of students teacher
may instruct during school day - Penalties - Exemptions.
A. Class size, as used in Section 18-113.1 and Section 18-113.2
of this title, shall be determined by the average daily membership
*+,-11'121#+,, .;$
divided by the full-time equivalency of the instructional staff
assigned to each grade level by site. Full-time equivalency of
special education teachers, Chapter 1 teachers, and teachers of
classes not subject to class size limitations and the average daily
membership of self-contained special education classes shall not be
counted in class size computation.
B. As used in this section, self-contained special education
classes are those classes whose students attend the same class for
three (3) or more class periods and who have individualized education
plans.
C. Beginning with the 1996-97 school year and each school year
thereafter, no teacher who is counted in class size count for grades
seven through twelve shall be responsible for the instruction of more
than one hundred forty (140) students on any given six-hour school
day. Class size count shall be taken during the month of October of
each school year on a date set by the State Board of Education. If
the class size count is in excess of the limits set forth in this
subsection, the school district shall be subject to the penalties
provided for in this section.
D. Students within a class which is not subject to class size
limitations pursuant to subsection D of Section 18-113.1 of this
title shall not be counted for purposes of the limitations set forth
in subsection C of this section.
E. No school district shall be penalized for exceeding class
size limitations set forth in this section if the limitations are
exceeded beginning after the first nine (9) weeks of the school year.
F. The first year that a school district exceeds the class size
membership limitation as established and computed in subsection C of
this section, the district shall receive as a penalty a reduction in
the State Aid for the district. For each child in excess of the
class size limitation, the reduction in State Aid to the district
shall be determined as follows:
1. Multiply the averaged number of the October class size count
of pupils which is in excess of the class size membership limit as
provided for in subsection C of this section by the grade weight and
by the Base Foundation Support Level for the current school year;
2. Multiply the averaged number of the October class size count
of pupils which is in excess of the class size membership limit as
provided for in subsection C of this section by the grade level
weight and by the Incentive Aid guarantee for the current school year
times twenty (20); and
3. Sum the products of paragraphs 1 and 2 of this subsection.
G. If a school district exceeds the class size membership
limitation as established and computed in subsection C of this
section for two (2) consecutive years, the district shall receive as
a penalty denial of accreditation in accordance with the requirements
of Section 3-104.4 of this title.
*+,-11'121#+,, .;(
H. For the purpose of determining whether a penalty for
exceeding class size limitations shall apply, a federally funded
bilingual assistant shall not qualify as a teacher's assistant.
I. Any school district which at the beginning of the school year
does not have sufficient classrooms to meet the class size limitation
provided for in this section as determined by guidelines established
by the State Board of Education shall not be penalized for failure to
meet the class size limitations provided for in this section if:
1. The school district has voted indebtedness, at any time
within the five (5) years preceding the year the district exceeds the
class size limitations or during the year the district exceeds the
class size limitations, through the issuance of bonds or approval by
voters of issuance of new bonds for more than eighty-five percent
(85%) of the maximum allowable pursuant to the provisions of Section
26 of Article X of the Oklahoma Constitution as shown on the school
district budget filed with the State Equalization Board for the
current school year and certifications by the Attorney General prior
to February 1 of the current school year; and
2. On the date of filing of the school district budget with the
State Equalization Board, the school district is voting the maximum
millage allowable for the support, maintenance and construction of
schools as provided for in subsections (a), (c), (d) and (d-1) of
Section 9 of Article X of the Oklahoma Constitution and Section 10 of
Article X of the Oklahoma Constitution.
J. Any school district which exceeds the class size limitations
as set forth in this section shall submit a written report to the
State Board of Education, on or before July 1 of each year, setting
forth the procedures that the district will follow in order to comply
with this section.
K. School districts which receive state-appropriated funds
pursuant to the provisions of Section 18-112.2 of this title and do
not comply with the provisions of this section shall be subject to
loss of State Aid for each child in excess of the class size
limitations as specified in this section.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 30, operative July 1, 1990.
Amended by Laws 1990, c. 263, § 71, operative July 1, 1990; Laws
1993, c. 361, § 7, eff. July 1, 1993; Laws 1996, c. 314, § 3, eff.
July 1, 1996; Laws 1996, c. 350, § 3, eff. July 1, 1996.
§70-18-113.4. Class size limitations – Penalties - Exemptions.
A. Beginning with the 1997-98 school year, the penalties for
exceeding class size limitations established in Sections 18-113.1,
18-113.2 and 18-113.3 of this title shall not apply if the class size
limitations, as set forth in said sections, are exceeded beginning
after the first nine (9) weeks of the school year. If the class size
limitations are exceeded during the first nine (9) weeks, the
penalties shall apply.
*+,-11'121#+,, .;
B. For the purposes of calculating class size penalties
established in Sections 18-113.1, 18-113.2 and 18-113.3 of this
title, school districts shall use only the full-time-equivalency of
the instructional staff who are under contract to work the full
school year in question.
C. Beginning July 1, 2003, school districts that participate in
consolidation or annexation pursuant to the provisions of the
Oklahoma School Voluntary Consolidation and Annexation Act shall be
exempt from the provisions of Sections 18-113.1, 18-113.2 and 18-
113.3 of this title for the year in which the consolidation or
annexation occurs and for the next five (5) fiscal years.
Added by Laws 1996, c. 215, § 2, eff. July 1, 1996. Amended by Laws
1997, c. 355, § 6, eff. July 1, 1997; Laws 2003, c. 296, § 5, eff.
July 1, 2003.
§70-18-113.5. Schools maintained in state reformatories - Exemption
from class size limitations.
Any school maintained in the state reformatories under the
administrative authority of the Department of Corrections shall not
be subject to the provisions of Section 18-113.3 of Title 70 of the
Oklahoma Statutes. The State Board of Education shall not assess any
penalties that would be imposed upon or sanctions that could result
in denial of accreditation of a school pursuant to Section 18-113.3
of Title 70 of the Oklahoma Statutes for any school maintained in the
state reformatories.
Added by Laws 2003, c. 69, § 1, emerg. eff. April 10, 2003.
§70-18-114. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014.
§70-18-114.1. Salary schedule and increments in excess of minimums.
Boards of education of all school districts may adopt a salary
schedule and increments in excess of the minimums provided in this
act.
Added by Laws 1973, c. 211, § 24, emerg. eff. May 22, 1973.
§70-18-114.2. Tradesmen or technicians - Qualification for
increment.
To qualify for the yearly One Hundred Dollars ($100.00) increment
as provided by the Oklahoma Statutes a tradesman or technician not
having a college degree who is employed as an instructor in an
approved vocational trade and industrial program shall complete eight
(8) college hours each year until graduation or such other training
courses as may be approved by the Oklahoma State Board for Vocational
Education.
Added by Laws 1973, c. 211, § 25, emerg. eff. May 22, 1973.
*+,-11'121#+,, .;)
§70-18-114.3. Juris Doctorate Degree - Recognition in salary
determination.
Provided that, all school districts in the State of Oklahoma,
employing certified personnel who have earned Juris Doctorate Degree,
granted by an institution of higher learning with membership in a
recognized accrediting association are required to accord to and
grant to aforesaid degrees equal recognition for salary in contract
determination.
Laws 1974, c. 234, § 23, emerg. eff. May 17, 1974.
§70-18-114.4. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014.
§70-18-114.5. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014.
§70-18-114.6. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014.
§70-18-114.7. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014.
§70-18-114.8. Expiration of collective bargaining agreement -
Prohibition of reduction of wages, hours, fringe benefits or other
benefits in agreement - Exceptions to prohibition.
During the twelve-month period following the expiration of a
collective bargaining agreement, no district board of education may
reduce the wages, hours, fringe benefits or other terms and
conditions of employment for any category of employees that were
agreed to in the expired collective bargaining agreement, except
pursuant to a subsequent collective bargaining agreement or pursuant
to implementation of the plan filed by the district board of
education with the State Superintendent of Public Instruction
following exhaustion of the negotiations impasse process as provided
in Section 509.7 of Title 70 of the Oklahoma Statutes.
Added by Laws 1994, c. 332, § 1, eff. July 1, 1994.
§70-18-114.9. Reduction of teacher's salary and fringe benefit level
from one school year to the next – Violation – Forfeiture and
withholding of State Aid – Filing of complaints.
A. If a teacher, as defined in Section 6-101.3 of this title, is
employed by the same school district for the next school year as the
preceding school year, the total compensation, consisting of salary
and fringe benefits, of the teacher shall not be decreased the next
school year unless the hours or the duties of the teacher are reduced
proportionately. Compensation shall not include one-time incentive
pay that is provided by the school district to a teacher nor
retention incentive pay for returning the next year.
B. Subject to the provisions of this section, any school
district that willfully reduces or has in years previous to enactment
of this section willfully reduced the compensation of a teacher in
*+,-11'121#+,, .;!
violation of subsection A of this section shall forfeit as a penalty
a portion of its State Aid equal to the total amount that the teacher
was underpaid. If the teacher was underpaid for more than one (1)
school year, the amount forfeited shall equal the cumulative amount
that the teacher was underpaid. The amount to be forfeited shall be
deducted from the State Aid payment following confirmation of the
underpayment by the State Department of Education.
C. In addition to the amount of State Aid forfeited as a penalty
pursuant to subsection B of this section, in order to ensure that the
teacher receives the full amount of unpaid compensation, the State
Department of Education shall withhold an amount which is equal to
the total amount that the teacher was underpaid from the State Aid
payment of the school district and pay the amount directly to the
teacher. The Board shall not withhold an amount for payment to the
teacher pursuant to the subsection if the teacher has recovered the
underpayment pursuant to judicial action.
D. Complaints filed with the State Board of Education pursuant
to this section may be based on alleged underpayments during fiscal
years that began:
1. On or after July 1, 2002; or
2. Before July 1, 2002, if the teacher filed an action to
recover the underpayment in a court of competent jurisdiction before
July 1, 2002.
E. Complaints filed with the State Board of Education alleging
underpayment during fiscal years that began on or after July 1, 2002,
shall be filed within one (1) year of the end of the fiscal year in
which the underpayment is alleged to have occurred.
F. Filing a complaint with the State Board of Education pursuant
to this section shall not operate to prohibit a teacher from filing
an action for underpayment in a court of competent jurisdiction or
continuing to pursue an action for underpayment pending in a court of
competent jurisdiction on August 29, 2003.
G. The State Board of Education shall promulgate rules necessary
to implement the provisions of this section. The rules shall
include, but not be limited to, procedures for a teacher to file a
complaint for violation of this section and the Department to
investigate the complaint.
Added by Laws 2003, c. 434, § 18. Amended by Laws 2004, c. 119, § 3,
eff. July 1, 2004; Laws 2004, c. 248, § 2, eff. July 1, 2004; Laws
2015, c. 56, § 1, eff. Nov. 1, 2015; Laws 2017, c. 333, § 1, eff.
July 1, 2017.
§70-18-114.10. Repealed by Laws 2004, c. 119, § 5, eff. July 1,
2004.
§70-18-114.11. Repealed by Laws 2015, c. 78, § 1, eff. Nov. 1, 2015.
*+,-11'121#+,, .;
§70-18-114.12. Repealed by Laws 2013, c. 394, § 4.
§70-18-114.13. Appropriation of certified or support personnel
salary increases.
State appropriated funding for certified or support personnel
salary increases that is not appropriated through the State Aid
formula provided in Section 18-200.1 of Title 70 of the Oklahoma
Statutes shall be added to the state appropriation for the State Aid
formula in the next fiscal year following the year the increase
became effective, and each year thereafter. For the purposes of this
section, state appropriated funding for certified or support
personnel salary increases shall not include funding for the
following items for education employees: health benefit allowances,
Academic Achievement Awards, Mentor Teacher Stipends, Education
Leadership Oklahoma bonuses, and the Oklahoma Ambassador of Teaching.
Added by Laws 2006, 2nd Ex.Sess., c. 49, § 3, eff. July 1, 2006.
§70-18-114.14. Minimum salary and benefits.
A. Beginning with the 2018-2019 school year, certified
personnel, as defined in Section 26-103 of this title, in the public
schools of Oklahoma shall receive in salary and/or fringe benefits
not less than the amounts specified in the following schedule:
MINIMUM SALARY SCHEDULE
National
Years of Bachelor's Board Master's Doctor's
Experience Degree Certification Degree Degree
0 $36,601 $37,759 $37,991 $39,381
1 $37,035 $38,193 $38,425 $39,815
2 $37,469 $38,628 $38,859 $40,249
3 $37,904 $39,062 $39,294 $40,684
4 $38,338 $39,496 $39,728 $41,118
5 $38,810 $39,968 $40,200 $41,590
6 $39,273 $40,432 $40,663 $42,054
7 $39,737 $40,895 $41,127 $42,517
8 $40,200 $41,358 $41,590 $42,980
9 $40,663 $41,822 $42,054 $43,444
10 $41,684 $42,844 $43,568 $45,945
11 $42,177 $43,336 $44,061 $46,438
12 $42,670 $43,829 $44,554 $46,931
13 $43,162 $44,322 $45,047 $47,424
14 $43,655 $44,815 $45,539 $47,916
15 $44,167 $45,327 $46,052 $48,430
16 $44,660 $45,820 $46,545 $48,923
17 $45,153 $46,313 $47,038 $49,416
18 $45,646 $46,806 $47,531 $49,909
19 $46,139 $47,299 $48,024 $50,402
20 $46,652 $47,813 $48,538 $50,917
*+,-11'121#+,, .;"
21 $47,145 $48,306 $49,031 $51,410
22 $47,639 $48,799 $49,524 $51,903
23 $48,132 $49,292 $50,018 $52,397
24 $48,625 $49,785 $50,511 $52,890
25 $50,049 $51,232 $51,971 $54,395
Master's Degree +
Years of National Board
Experience Certification
0 $39,149
1 $39,583
2 $40,018
3 $40,452
4 $40,886
5 $41,358
6 $41,822
7 $42,285
8 $42,749
9 $43,212
10 $44,728
11 $45,221
12 $45,713
13 $46,206
14 $46,699
15 $47,212
16 $47,705
17 $48,198
18 $48,691
19 $49,184
20 $49,698
21 $50,192
22 $50,685
23 $51,178
24 $51,671
25 $53,153
B. 1. When determining the Minimum Salary Schedule, "fringe
benefits" shall mean all or part of retirement benefits, excluding
the contributions made pursuant to subsection A of Section 17-108.1
of this title and the flexible benefit allowance pursuant to Section
26-105 of this title from the flexible benefit allowance funds
disbursed by the State Board of Education and the State Board of
Career and Technology Education pursuant to Section 26-104 of this
title.
2. If a school district intends to provide retirement benefits
to a teacher such that the teacher’s salary would be less than the
amounts set forth in the minimum salary schedule specified in
subsection A of this section, the district shall be required to
provide written notification to the teacher prior to his or her
*+,-11'121#+,, .;
employment or, if already employed by the district, no later than
thirty (30) days prior to the date the district elects to provide
retirement benefits such that the teacher’s salary would be less than
the minimum salary schedule.
C. Any of the degrees referred to in this section shall be from
a college recognized by the State Board of Education. The Board
shall accept teaching experience from out-of-state school districts
that are accredited by the state board of education or appropriate
state accrediting agency for the districts. The Board shall accept
teaching experience from out-of-country schools that are accredited
or otherwise endorsed by the appropriate national or regional
accrediting or endorsement authority. Out-of-country certification
documentation in a language other than English shall be analyzed by
an educational credential evaluation service in accordance with
industry standards and guidelines and approved by the State
Department of Education. The person seeking to have credit granted
for out-of-country teaching experience shall be responsible for all
costs of the analysis by a credential evaluation service. The Board
shall accept teaching experience from primary and secondary schools
that are operated by the United States Department of Defense or are
affiliated with the United States Department of State.
D. For the purpose of state salary increments and retirement, no
teacher shall be granted credit for more than five (5) years of
active duty in the military service or out-of-state or out-of-country
teaching experience as a certified teacher or its equivalent.
Nothing in this section shall prohibit boards of education from
crediting more years of experience on district salary schedules than
those allowed for state purposes.
E. The State Board of Education shall recognize, for purposes of
certification and salary increments, all the years of experience of
a:
1. Certified teacher who teaches in the educational program of
the Department of Corrections, beginning with fiscal year 1981;
2. Vocational rehabilitation counselor under the Department of
Human Services if the counselor was employed as a certified teacher
by the State Department of Education when the Division of Vocational
Rehabilitation was transferred from the State Board of Career and
Technology Education or the State Board of Education to the Oklahoma
Public Welfare Commission on July 1, 1968;
3. Vocational rehabilitation counselor which were completed
while employed by the Department of Human Services if such counselor
was certified as a teacher or was eligible for certification as a
teacher in Oklahoma;
4. Certified teacher which were completed while employed by the
Department of Human Services Child Study Center at University
Hospital, if the teacher was certified as a teacher in Oklahoma; and
*+,-11'121#+,, .;
5. Certified school psychologist or psychometrist which were
completed while employed as a doctoral intern, psychological
assistant, or psychologist with any agency of the State of Oklahoma
if the experience primarily involved work with persons of school- or
preschool-age and if the person was, at the time the experience was
acquired, certified as, or eligible for certification as, a school
psychologist or psychometrist.
F. The provisions of this section shall not apply to teachers
who have entered into postretirement employment with a public school
in Oklahoma and are still receiving a monthly retirement benefit.
G. If a person employed as certified personnel, as defined in
Section 26-103 of this title, by a school district during the 2017-
2018 school year was receiving a salary above the step level
indicated by the State Minimum Salary Schedule for the 2017-2018
school year, the person shall receive a salary increase amount equal
to the amount indicated in subsection A for the step level indicated
for the person, provided they remain employed by the same district,
unless the hours or the duties of the certified personnel are reduced
proportionately.
Added by Laws 2013, c. 394, § 3. Amended by Laws 2016, c. 322, § 2,
eff. July 1, 2016; Laws 2017, c. 59, § 1, eff. July 1, 2017; Laws
2018, 2nd Ex. Sess., c. 10, § 1, eff. Aug. 1, 2018.
NOTE: Laws 2017, c. 26, § 1 repealed by Laws 2018, 2nd Ex. Sess., c.
10, § 2, eff. Aug. 1, 2018.
§70-18-115. Annual budget can include increased aid.
In the preparation of their budgets and estimates of income for
the school years 1971-1972 and thereafter, the school districts of
this state may include the increased amounts of state aid provided by
this act.
Laws 1971, c. 305, § 15, emerg. eff. June 17, 1971.
§70-18-116. Forfeiture of State Aid.
A. Any school district which willfully operates school buses
contrary to the rules and regulations prescribed by the State Board
of Education shall forfeit its State Aid for the time of
noncompliance. All State Aid funds shall be withheld from any school
district that does not comply with the standards of the State Board
of Education for accrediting.
B. Any school district that willfully pays a teacher less than
the minimum salary required by law including the five percent (5%)
increments for special education or alternative education shall
forfeit a portion of its State Aid equal to the amount that the
teacher was underpaid. The amount to be forfeited shall be deducted
from the State Aid payment following confirmation of the underpayment
by the State Department of Education.
*+,-11'121#+,, .;
C. 1. No more than fifty percent (50%) of the funds apportioned
to school districts under the provisions of this article shall be
paid by the state unless and until there has been filed with the
State Board of Education on forms prescribed by such Board an
itemized sworn account of the expenditures and revenues of the school
district during the next preceding fiscal year and a teacher
personnel report for the current year.
2. All State Aid paid to a district whose district budget, as
filed with the State Auditor and Inspector, shows that the
appropriations of the district, plus the State Aid and other cash
funds for which the district qualifies, will not enable it to
maintain a full term of school as defined by this article, shall be
credited against the State Aid of the district or districts to which
the first district shall be annexed, if annexation is required. It
is intended that the balance of any unexpended State Aid or other
revenue originally allocated to an annexed district shall be paid to
the receiving district.
D. School districts receiving State Aid shall not spend any of
these funds except by regularly issued warrants. The warrants shall
be issued against properly approved encumbrances in the manner
provided by law. All encumbrances shall be approved by the board of
education of the school district at a regular meeting or a special
meeting called for that purpose. All original copies of encumbrances
as represented by purchase orders, shall be filed in either numerical
or alphabetical order, with the original paid invoice or invoices
attached, accompanied by a signed and dated receiving copy verifying
receipt of goods or services. It shall be unlawful to register or
pay the warrant unless such warrant conforms to the statutes
regulating the allowance and issuance thereof. Said treasurer shall
purchase, by treasurer's check, all warrants issued.
E. All board of education members, employees, or other officials
of school districts required to make reports to the State Board of
Education or other agencies under the provisions of this article, and
all persons lawfully charged with the duty of making records of
original entry, such as teachers' registers, transportation records,
and financial records, which form the basis, in whole or in part, of
said reports, shall exercise the highest degree of diligence,
accuracy, and good faith in making said records and reports reflect
the truth. Teachers' registers shall be marked daily in ink, by the
teacher or principal in charge of rooms or groups of pupils.
Provided, the State Board of Education may authorize alternate
systems of accounting for pupils' attendance in districts using data
processing methods.
F. The State Board of Education shall revoke the certificate of
any teacher, principal, or superintendent who knowingly or willfully
violates any of the provisions of this article.
*+,-11'121#+,, .;$
G. Any official involved in the execution of this article who
shall fail or refuse to carry out any of the provisions thereof shall
be liable on his official bond, if any, for the monetary damages
resulting from said failure to act, and in addition thereto shall be
subject to removal from office for neglect of duty under the
provisions of law relating to the removal of public officials.
H. Any person or firm who shall knowingly or willfully violate
any of the provisions of this article shall be guilty of a
misdemeanor. Any public official or public employee violating any of
the provisions of this article shall be subject to the penalties for
a misdemeanor and in addition thereto shall forfeit his position or
office. Any officer or employee of the State Board of Education who
knowingly or willfully apportions or disburses any monies
appropriated by this article contrary to the provisions of this
article shall be subject to the penalties for a misdemeanor and in
addition shall forfeit his office or position.
I. The State Board of Education shall prescribe the form of all
records, reports and applications for State Aid necessary to the
proper administration of this article, and it shall be the duty of
all, school district superintendents, and boards of education of
school districts to make such reports fully and completely at the
time and in the manner prescribed by the State Board of Education.
The State Board of Education shall also have authority and it shall
be its duty to promulgate rules and regulations, not inconsistent
with the provisions hereof, relative to the distribution of funds and
for the administration of this article. Such regulations and rules
shall apply alike to all school districts.
J. Any school district that is not in compliance with the
standards and requirements established by the State Board of
Education related to the state student record system as provided in
Section 3-160 of this title shall forfeit its State Aid for the time
of noncompliance.
Added by Laws 1971, c. 305, § 16, emerg. eff. June 17, 1971. Amended
by Laws 1979, c. 30, § 50, emerg. eff. April 6, 1979; Laws 1988, c.
90, § 23, operative July 1, 1988; Laws 1988, c. 330, § 14; Laws 1990,
c. 221, § 11, operative July 1, 1990; Laws 2000, c. 308, § 4, eff.
July 1, 2000; Laws 2010, c. 203, § 1.
§70-18-117. State Aid - Apportionment.
All apportionments of State Aid to school districts shall be made
by the State Board of Education through its Director of Finance, who
shall not knowingly make any apportionment or disbursement of State
Aid funds which is not authorized by law. Any State Aid funds
illegally disbursed by the Director of Finance shall be returned to
the State Treasurer by the school district receiving such funds, or
legal action shall be instituted in the name of the state against
such school district or on the bond of the Director of Finance.
*+,-11'121#+,, .;(
Laws 1971, c. 305, § 18, emerg. eff. June 17, 1971; Laws 1980, c.
159, § 21, emerg. eff. April 2, 1980.
§70-18-118. Audit of state monies received by public school
districts - Withholding from subsequent allocations.
A. The State Auditor and Inspector shall approve auditors who
shall audit the funds of the public school districts and the use made
of the monies thereof, and shall make such other audits as may be
required by the State Auditor and Inspector.
B. School districts and officers and employees thereof who
divert any monies received by a district from the purpose for which
the monies were apportioned to the district shall be jointly and
severally liable for any such diversion.
C. If audits disclose that state monies have been illegally
apportioned to, or illegally disbursed or expended by, a school
district or any of its officers or employees, the State Board of
Education shall make demand that the monies be returned to the State
Treasurer by such school district. If the monies are not returned,
the State Board of Education shall withhold the unreturned amount
from subsequent allocations of state funds otherwise due the
district. The State Board of Education shall cause suit to be
instituted to recover for the state any monies illegally disbursed or
expended, if not otherwise recovered as provided herein.
Added by Laws 1971, c. 305, § 19, emerg. eff. June 17, 1971. Amended
by Laws 1990, c. 221, § 12, operative July 1, 1990; Laws 2010, c.
477, § 1, eff. July 1, 2010.
§70-18-118.1. Bond forfeited due to illegal activity - Assessment on
persons convicted of certain crimes - School Investigative Audit
Revolving Fund.
A. When a bond is forfeited due to illegal activity of a school
district officer or employee and an audit performed by the Office of
the State Auditor and Inspector reported the illegal activity, the
school district shall forward ten percent (10%) of the amount of the
forfeited bond to the State Board of Education for deposit to the
School Investigative Audit Revolving Fund.
B. 1. Every person convicted of the crime of theft,
embezzlement, conversion, or misappropriation of school district
funds shall be assessed an amount equivalent to ten percent (10%) of
any court-ordered restitution costs.
2. The assessment shall be mandatory and in addition to and not
in lieu of any fines, restitution costs, other assessments, or
forfeitures authorized or required by law for the offense. The
assessment required by this subsection shall not be subject to any
order of suspension. The court shall order either a lump-sum payment
or establish a payment schedule.
*+,-11'121#+,, .;
3. Willful failure of the offender to comply with the payment
schedule shall be considered contempt of court.
4. For purposes of collection, the assessment order shall not
expire until paid in full, nor shall the assessment order be limited
by the term of imprisonment prescribed by law for the offense, nor by
any term of imprisonment imposed against the offender, whether
suspended or actually served.
5. The assessment provided for in this subsection shall be
collected by the court clerk as provided for collection of fines and
costs. When assessment payments are collected by the court clerk
pursuant to court order, the funds shall be forwarded to the State
Board of Education for deposit into the School Investigative Audit
Revolving Fund created by this section.
C. 1. There is hereby created in the State Treasury a revolving
fund for the State Board of Education to be designated the "School
Investigative Audit Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies paid to and received by the State Board of Education from
school districts, officers, or employees for the performance of
audits, for the forfeiture of bonds, or for assessments ordered in
addition to court-ordered restitution costs, and monies appropriated
or transferred to the fund by the Legislature.
2. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Board of
Education to reimburse the Office of the State Auditor and Inspector
for costs incurred in the performance of special audits conducted
pursuant to the provisions of Section 213 of Title 74 of the Oklahoma
Statutes.
3. Prior to approval of any payment from this fund, the State
Board of Education shall determine that a school district that is
liable for expenses incurred due to the performance of an audit is
unable to pay such expenses. Payments from this fund shall only be
made to the extent that monies are available in the fund.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 2008, c. 435, § 1, eff. July 1, 2008. Amended by Laws
2012, c. 304, § 609.
§70-18-119. Repealed by Laws 1991, c. 3, § 21, eff. July 1, 1991.
§70-18-120. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
§70-18-121. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.
*+,-11'121#+,, .;)
§70-18-122. Provisions superceded.
70 O.S. 1961, Sections 3-1 through 3-7, 35a, 35b, and 35c, and
Sections 1 and 2, Chapter 434, O.S.L. 1965 (70 O.S.Supp. 1970,
Sections 3-4.1 and 3-4.2), insofar only as same are in conflict with
Sections 21 and 22 hereof, are hereby specifically superceded.
Added by Laws 1971, c. 305, § 23, emerg. eff. June 17, 1971.
§70-18-123. Loss of average attendance - Dismissal of teachers.
Teachers may be dismissed if a school district has a loss of
average daily attendance over the prior year which would reduce state
aid to the extent that such district was unable to finance the
contract salaries of teachers employed by school districts under the
continuing contract law.
Added by Laws 1973, c. 211, § 26, emerg. eff. May 22, 1973.
§70-18-124. Withholding certain expenditures from Foundation and
Salary Incentive Aid.
A. Any school district with an average daily attendance (ADA) of
more than one thousand five hundred (1,500) students for the
preceding year which expends for administrative services in the 2005-
06 school year or any school year thereafter, less expenditures for
legal services, more than five percent (5%) of the amount it expends
for total expenditures, less expenditures for legal services, shall
have the amount which exceeds the five percent (5%) withheld the
following year from the Foundation and Salary Incentive Aid for the
school district.
B. Any school district with an average daily attendance (ADA) of
more than five hundred (500) students but not more than one thousand
five hundred (1,500) students for the preceding year which expends
for administrative services in the 2005-06 school year or any school
year thereafter, less expenditures for legal services, more than
seven percent (7%) of the amount it expends for total expenditures,
less expenditures for legal services, shall have the amount which
exceeds the seven percent (7%) withheld the following year from the
Foundation and Salary Incentive Aid for the school district.
C. Any school district with an average daily attendance (ADA) of
five hundred (500) or fewer students for the preceding year which
expends for administrative services in the 2005-06 school year or any
school year thereafter, less expenditures for legal services, more
than eight percent (8%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the
amount which exceeds the eight percent (8%) withheld the following
year from the Foundation and Salary Incentive Aid for the school
district.
D. For purposes of this section, “administrative services” means
costs associated with:
1. Staff for the board of education;
*+,-11'121#+,, .;!
2. The secretary/clerk for the board of education;
3. Staff relations;
4. Negotiations staff;
5. Immediate staff of the superintendent, any elementary
superintendent or any assistant superintendent;
6. Any superintendent, elementary superintendent, or assistant
superintendent;
7. Any employee of a school district employed as a director,
coordinator, supervisor, or who has responsibility for administrative
functions of a school district; and
8. Any consultant hired by the school district.
E. If an employee of a school district is employed in a position
where part of the employee’s time is spent as an administrator and
part of the time is spent in nonadministrative functions, the
percentage of time spent as an administrator shall be included as
administrative services. A superintendent who spends part of the
time performing exempted nonadministrative services such as teaching
in the classroom, serving as a principal, counselor, or library media
specialist, can code up to forty percent (40%) of their salary to
other nonadministrative functions. The total amount of time a
superintendent of a school district spends performing services for a
school district shall be included as administrative services even if
part of the time the superintendent is performing nonexempted
nonadministrative service functions. The total amount received by a
superintendent from the school district as salary, for the
performance of administrative and nonexempted nonadministrative
services, shall be recorded under the code for superintendent salary
as provided for in the Oklahoma Cost Accounting System.
F. Each school site within a school district shall take steps to
ensure that the administrative costs for the school comply with the
expenditure limits established for school districts in this section.
G. Funds withheld pursuant to the provisions of this section
shall be distributed through the State Aid formula to the districts
not so penalized.
H. For the 2003-04 and 2004-05 school year, school districts
shall report to the State Department of Education the costs
associated with administrative services for the school district as
defined in subsection D of this section.
Added by Laws 1985, c. 329, § 26, emerg. eff. July 30, 1985. Amended
by Laws 1987, c. 204, § 115, operative July 1, 1987; Laws 1999, c.
320, § 32, eff. July 1, 1999; Laws 2003, c. 434, § 16; Laws 2011, c.
86, § 1, eff. July 1, 2011; Laws 2011, c. 155, § 1.
§70-18-125. Incentive grants for small school district to fund
cooperative programs.
Recognizing the needs small school districts have to meet
increased high school graduation and college admission requirements,
*+,-11'121#+,, .;
and the difficulty such districts may experience in offering the
necessary academic courses, the Legislature hereby states its intent
to assist such districts through the creation of incentive grants to
fund cooperative programs. Such grants shall be allocated by the
State Board of Education on a competitive basis to school districts
with an average daily attendance of eight hundred (800) or less, or
to any school district participating in the East Central Educational
Support Center, to enter into an agreement with one or more districts
of any size or an accredited institution of higher education to
provide classes in mathematics, science, a foreign language, computer
education, visual arts or music to elementary or secondary students.
In allocating incentive grants to fund cooperative programs, the
State Department of Education shall give priority to those programs
that emphasize classes required for high school graduation and
college admission. Funding provided in the grants shall be expended
for instruction-related personnel, equipment, transportation,
materials and telecommunications, including but not limited to
telecommunication equipment, instruction and other materials.
Funding provided for grants for telecommunication shall not exceed
fifty percent (50%) of the funds provided for all grants specified in
this section. No funds provided shall be used for construction of
buildings.
Added by Laws 1985, c. 329, § 14, emerg. eff. July 30, 1985. Amended
by Laws 1987, c. 204, § 119, operative July 1, 1987; Laws 1993, c.
361, § 8, eff. July 1, 1993; Laws 1999, c. 246, § 31, eff. July 1,
1999.
§70-18-151. Short title.
This act shall be cited as the "Common School Capital Improvement
Act".
Added by Laws 1982, c. 334, § 1, eff. Jan. 1, 1983.
§70-18-152. Intent of Legislature.
It is hereby declared to be the intent of the Legislature to
assure that students in the public schools of this state occupy
facilities which are designed for adaptability to program offerings.
Such facilities should be structurally safe, well maintained and
contain adequate space to meet the instructional needs of each
student. It is further declared to be the intent of the Legislature
that these facility standards be implemented through the Common
School Capital Improvement Act.
Added by Laws 1982, c. 334, § 2, eff. Jan. 1, 1983.
§70-18-153. Development and adoption of four-year capital
improvement plan.
A. Each local school district shall develop and adopt a four-
year capital improvement plan for the public schools in the district.
*+,-11'121#+,, .;"
Each local school district shall review and update their plans
annually. Capital improvement plans shall be based upon guidelines
developed by the State Department of Education.
B. The State Department of Education shall develop and the State
Board of Education shall adopt a statewide four-year capital
improvement master plan for the public common schools of this state.
The master plan shall be subject to the provisions of Section 308 of
Title 75 of the Oklahoma Statutes.
Added by Laws 1982, c. 334, § 3, eff. Jan. 1, 1983. Amended by Laws
1987, c. 186, § 4, eff. Nov. 1, 1987; Laws 2012, c. 354, § 7.
§70-18-154. Repealed by Laws 2007, c. 93, § 11, eff. Nov. 1, 2007.
§70-18-161. State Schools Facilities Program - Rules and
regulations.
The State Board of Education shall have the authority to
establish and promulgate rules and regulations for a State Schools
Facilities Program.
Added by Laws 1987, c. 204, § 124, operative July 1, 1987.
§70-18-162. Schools Capital Improvements Budget.
No later than the first day of October of each year, the State
Board of Education shall submit with the itemized budget request and
estimates for the ensuing fiscal year, a Schools Capital Improvements
Budget. Such Schools Capital Improvements Budget shall be submitted
to the Director of the Office of Management and Enterprise Services,
the Director of the Legislative Service Bureau and the Oklahoma
Development Finance Authority.
Added by Laws 1987, c. 204, § 125, operative July 1, 1987. Amended
by Laws 2012, c. 304, § 610.
§70-18-200. Repealed by Laws 1998, c. 274, § 10, emerg. eff. May 27,
1998.
§70-18-200.1. State Aid formula - 1997-98 and thereafter.
A. Beginning with the 1997-98 school year, and each school year
thereafter, each school district shall have its initial allocation of
State Aid calculated based on the state dedicated revenues actually
collected during the preceding fiscal year, the adjusted assessed
valuation of the preceding year and the highest weighted average
daily membership for the school district of the two (2) preceding
school years; however, the weighted membership of nonresident,
transferred pupils enrolled in online courses shall be based on the
weighted average daily membership of the preceding school year. Each
school district shall submit the following data based on the first
nine (9) weeks, to be used in the calculation of the average daily
membership of the school district:
*+,-11'121#+,, .;
1. Student enrollment by grade level;
2. Pupil category counts; and
3. Transportation supplement data.
On or before December 30, the State Department of Education shall
determine each school district’s current year allocation pursuant to
subsection D of this section. The State Department of Education
shall complete an audit, using procedures established by the
Department, of the student enrollment by grade level data, pupil
category counts and transportation supplement data to be used in the
State Aid Formula pursuant to subsection D of this section by
December 1 and by January 15 shall notify each school district of the
district’s final State Aid allocation for the current school year.
The January payment of State Aid and each subsequent payment for the
remainder of the school year shall be based on the final State Aid
allocation as calculated in subsection D of this section. Except for
reductions made due to the assessment of penalties by the State
Department of Education according to law, the January payment of
State Aid and each subsequent payment for the remainder of the school
year shall not decrease by an amount more than the amount that the
current chargeable revenue increases for that district.
B. The State Department of Education shall retain not less than
one and one-half percent (1 1/2%) of the total funds appropriated for
financial support of schools, to be used to make midyear adjustments
in State Aid and which shall be reflected in the final allocations.
If the amount of appropriated funds, including the one and one-half
percent (1 1/2%) retained, remaining after January 1 of each year is
not sufficient to fully fund the final allocations, the Department
shall recalculate each school district’s remaining allocation
pursuant to subsection D of this section using the reduced amount of
appropriated funds.
C. On and after July 1, 1997, the amount of State Aid each
district shall receive shall be the sum of the Foundation Aid, the
Salary Incentive Aid and the Transportation Supplement, as adjusted
pursuant to the provisions of subsection G of this section and
Section 18-112.2 of this title; provided, no district having per
pupil revenue in excess of three hundred percent (300%) of the
average per pupil revenue of all districts shall receive any State
Aid or Supplement in State Aid.
The July calculation of per pupil revenue shall be determined by
dividing the district’s second preceding year’s total weighted
average daily membership (ADM) into the district’s second preceding
year’s total revenues excluding federal revenue, insurance loss
payments, reimbursements, recovery of overpayments and refunds,
unused reserves, prior expenditures recovered, prior year surpluses,
and less the amount of any transfer fees paid in that year.
The December calculation of per pupil revenue shall be determined
by dividing the district’s preceding year’s total weighted average
*+,-11'121#+,, .;$
daily membership (ADM) into the district’s preceding year’s total
revenues excluding federal revenue, insurance loss payments,
reimbursements, recovery of overpayments and refunds, unused
reserves, prior expenditures recovered, prior year surpluses, and
less the amount of any transfer fees paid in that year.
D. For the 1997-98 school year, and each school year thereafter,
Foundation Aid, the Transportation Supplement and Salary Incentive
Aid shall be calculated as follows:
1. Foundation Aid shall be determined by subtracting the amount
of the Foundation Program Income from the cost of the Foundation
Program and adding to this difference the Transportation Supplement.
a. The Foundation Program shall be a district’s highest
weighted average daily membership based on the first
nine (9) weeks of the current school year, the
preceding school year or the second preceding school
year of a school district, as determined by the
provisions of subsection A of Section 18-201.1 of this
title and paragraphs 1, 2, 3 and 4 of subsection B of
Section 18-201.1 of this title, multiplied by the Base
Foundation Support Level. However, for the portion of
weighted membership derived from nonresident,
transferred pupils enrolled in online courses, the
Foundation Program shall be a district’s weighted
average daily membership of the preceding school year
or the first nine (9) weeks of the current school year,
whichever is greater, as determined by the provisions
of subsection A of Section 18-201.1 of this title and
paragraphs 1, 2, 3 and 4 of subsection B of Section 18-
201.1 of this title, multiplied by the Base Foundation
Support Level.
b. The Foundation Program Income shall be the sum of the
following:
(1) The adjusted assessed valuation of the current
school year of the school district, minus the
previous year protested ad valorem tax revenues
held as prescribed in Section 2884 of Title 68 of
the Oklahoma Statutes, multiplied by the mills
levied pursuant to subsection (c) of Section 9 of
Article X of the Oklahoma Constitution, if
applicable, as adjusted in subsection (c) of
Section 8A of Article X of the Oklahoma
Constitution. For purposes of this subsection,
the “adjusted assessed valuation of the current
school year” shall be the adjusted assessed
valuation on which tax revenues are collected
during the current school year, and
*+,-11'121#+,, .;$
(2) Seventy-five percent (75%) of the amount received
by the school district from the proceeds of the
county levy during the preceding fiscal year, as
levied pursuant to subsection (b) of Section 9 of
Article X of the Oklahoma Constitution, and
(3) Motor Vehicle Collections, and
(4) Gross Production Tax, and
(5) State Apportionment, and
(6) R.E.A. Tax.
The items listed in divisions (3), (4), (5), and (6) of
this subparagraph shall consist of the amounts actually
collected from such sources during the preceding fiscal
year calculated on a per capita basis on the unit
provided for by law for the distribution of each such
revenue.
2. The Transportation Supplement shall be equal to the average
daily haul times the per capita allowance times the appropriate
transportation factor.
a. The average daily haul shall be the number of children
in a district who are legally transported and who live
one and one-half (1 1/2) miles or more from school.
b. The per capita allowance shall be determined using the
following chart:
PER CAPITA PER CAPITA
DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE
.3000 - .3083 $167.00 .9334 - .9599 $99.00
.3084 - .3249 $165.00 .9600 - .9866 $97.00
.3250 - .3416 $163.00 .9867 - 1.1071 $95.00
.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00
.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00
.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00
.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00
.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00
.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00
.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00
.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00
.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00
.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00
.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00
.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00
.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00
.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00
.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00
.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00
.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00
.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00
.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00
*+,-11'121#+,, .;$$
.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00
.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00
.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00
.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00
.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00
.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00
.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00
.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00
.9067 - .9333 $101.00 9.6668 or more $33.00
c. The formula transportation factor shall be 1.39.
3. Salary Incentive Aid shall be determined as follows:
a. Multiply the Incentive Aid guarantee by the district’s
highest weighted average daily membership based on the
first nine (9) weeks of the current school year, the
preceding school year or the second preceding school
year of a school district, as determined by the
provisions of subsection A of Section 18-201.1 of this
title and paragraphs 1, 2, 3 and 4 of subsection B of
Section 18-201.1 of this title.
b. Divide the district’s adjusted assessed valuation of
the current school year minus the previous year’s
protested ad valorem tax revenues held as prescribed in
Section 2884 of Title 68 of the Oklahoma Statutes, by
one thousand (1,000) and subtract the quotient from the
product of subparagraph a of this paragraph. The
remainder shall not be less than zero (0).
c. Multiply the number of mills levied for general fund
purposes above the fifteen (15) mills required to
support Foundation Aid pursuant to division (1) of
subparagraph b of paragraph 1 of this subsection, not
including the county four-mill levy, by the remainder
of subparagraph b of this paragraph. The product shall
be the Salary Incentive Aid of the district.
E. By June 30, 1998, the State Department of Education shall
develop and the Department and all school districts shall have
implemented a student identification system which is consistent with
the provisions of subsections C and D of Section 3111 of Title 74 of
the Oklahoma Statutes. The student identification system shall be
used specifically for the purpose of reporting enrollment data by
school sites and by school districts, the administration of the
Oklahoma School Testing Program Act, the collection of appropriate
and necessary data pursuant to the Oklahoma Educational Indicators
Program, determining student enrollment, establishing a student
mobility rate, allocation of the State Aid Formula and mid-year
adjustments in funding for student growth. This enrollment data
shall be submitted to the State Department of Education in accordance
with rules promulgated by the State Board of Education. Funding for
*+,-11'121#+,, .;$(
the development, implementation, personnel training and maintenance
of the student identification system shall be set out in a separate
line item in the allocation section of the appropriation bill for the
State Board of Education for each year.
F. 1. In the event that ad valorem taxes of a school district
are determined to be uncollectible because of bankruptcy, clerical
error, or a successful tax protest, and the amount of such taxes
deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or
an amount greater than twenty-five percent (25%) of ad valorem taxes
per tax year, or the valuation of a district is lowered by order of
the State Board of Equalization, the school district’s State Aid, for
the school year that such ad valorem taxes are calculated in the
State Aid Formula, shall be determined by subtracting the net
assessed valuation of the property upon which taxes were deemed
uncollectible from the assessed valuation of the school district and
the state. Upon request of the local board of education, it shall be
the duty of the county assessor to certify to the Director of Finance
of the State Department of Education the net assessed valuation of
the property upon which taxes were determined uncollectible.
2. In the event that the amount of funds a school district
receives for reimbursement from the Ad Valorem Reimbursement Fund is
less than the amount of funds claimed for reimbursement by the school
district due to insufficiency of funds as provided in Section 193 of
Title 62 of the Oklahoma Statutes, then the school district’s
assessed valuation for the school year that such ad valorem
reimbursement is calculated in the State Aid Formula shall be
adjusted accordingly.
G. 1. Notwithstanding the provisions of Section 18-112.2 of
this title, a school district shall have its State Aid reduced by an
amount equal to the amount of carryover in the general fund of the
district as of June 30 of the preceding fiscal year, that is in
excess of the following standards for two (2) consecutive years:
Total Amount of Amount of
General Fund Collections, General Fund
Excluding Previous Year Balance
Cash Surplus as of June 30 Allowable
Less than $1,000,000 40%
$1,000,000 - $2,999,999 35%
$3,000,000 - $3,999,999 30%
$4,000,000 - $4,999,999 25%
$5,000,000 - $5,999,999 20%
$6,000,000 - $7,999,999 18%
$8,000,000 - $9,999,999 16%
$10,000,000 or more 14%
2. By February 1 the State Department of Education shall send by
certified mail, with return receipt requested, to each School
District Superintendent, Auditor and Regional Accreditation Officer a
*+,-11'121#+,, .;$
notice of and calculation sheet reflecting the general fund balance
penalty to be assessed against that school district. Calculation of
the general fund balance penalty shall not include federal revenue.
Within thirty (30) days of receipt of this written notice the school
district shall submit to the Department a written reply either
accepting or protesting the penalty to be assessed against the
district. If protesting, the school district shall submit with its
reply the reasons for rejecting the calculations and documentation
supporting those reasons. The Department shall review all school
district penalty protest documentation and notify each district by
March 15 of its finding and the final penalty to be assessed to each
district. General fund balance penalties shall be assessed to all
school districts by April 1.
3. Any school district which receives proceeds from a tax
settlement or a Federal Emergency Management Agency settlement during
the last two (2) months of the preceding fiscal year shall be exempt
from the penalties assessed in this subsection, if the penalty would
occur solely as a result of receiving funds from the tax settlement.
4. Any school district which receives an increase in State Aid
because of a change in Foundation and/or Salary Incentive Aid factors
during the last two (2) months of the preceding fiscal year shall be
exempt from the penalties assessed in this subsection, if the penalty
would occur solely as a result of receiving funds from the increase
in State Aid.
5. If a school district does not receive Foundation and/or
Salary Incentive Aid during the preceding fiscal year, the State
Board of Education may waive the penalty assessed in this subsection
if the penalty would result in a loss of more than forty percent
(40%) of the remaining State Aid to be allocated to the school
district between April 1 and the remainder of the school year and if
the Board determines the penalty will cause the school district not
to meet remaining financial obligations.
6. Any school district which receives gross production revenue
apportionment during the 2002-2003 school year or in any subsequent
school year that is greater than the gross production revenue
apportionment of the preceding school year shall be exempt from the
penalty assessed in this subsection, if the penalty would occur
solely as a result of the gross production revenue apportionment, as
determined by the State Board of Education.
7. Beginning July 1, 2003, school districts that participate in
consolidation or annexation pursuant to the provisions of the
Oklahoma School Voluntary Consolidation and Annexation Act shall be
exempt from the penalty assessed in this subsection for the school
year in which the consolidation or annexation occurs and for the next
three (3) fiscal years.
8. Any school district which receives proceeds from a sales tax
levied by a municipality pursuant to Section 22-159 of Title 11 of
*+,-11'121#+,, .;$)
the Oklahoma Statutes or proceeds from a sales tax levied by a county
pursuant to Section 1370 of Title 68 of the Oklahoma Statutes during
the 2003-2004 school year or the 2004-2005 school year shall be
exempt from the penalties assessed in this subsection, if the penalty
would occur solely as a result of receiving funds from the sales tax
levy.
9. For purposes of calculating the general fund balance penalty,
the terms “carryover” and “general fund balance” shall not include
federal revenue.
H. In order to provide startup funds for the implementation of
early childhood programs, State Aid may be advanced to school
districts that initially start early childhood instruction at a
school site. School districts that desire such advanced funding
shall make application to the State Department of Education no later
than September 15 of each year and advanced funding shall be awarded
to the approved districts no later than October 30. The advanced
funding shall not exceed the per pupil amount of State Aid as
calculated in subsection D of this section per anticipated Head Start
eligible student. The total amount of advanced funding shall be
proportionately reduced from the monthly payments of the district’s
State Aid payments during the last six (6) months of the same fiscal
year.
I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission,
notwithstanding any provision of law to the contrary, shall report
monthly to the State Department of Education the monthly
apportionment of the following information:
a. the assessed valuation of property,
b. motor vehicle collections,
c. R.E.A. tax collected, and
d. gross productions tax collected.
2. Beginning July 1, 1997, the State Auditor and Inspector’s
Office, notwithstanding any provision of law to the contrary, shall
report monthly to the State Department of Education the monthly
apportionment of the proceeds of the county levy.
3. Beginning July 1, 1996, the Commissioners of the Land Office,
notwithstanding any provision of law to the contrary, shall report
monthly to the State Department of Education the monthly
apportionment of state apportionment.
4. Beginning July 1, 1997, the county treasurers’ offices,
notwithstanding any provision of law to the contrary, shall report
monthly to the State Department of Education the ad valorem tax
protest amounts for each county.
5. The information reported by the Tax Commission, the State
Auditor and Inspector’s Office, the county treasurers’ offices and
the Commissioners of the Land Office, pursuant to this subsection
shall be reported by school district on forms developed by the State
Department of Education.
*+,-11'121#+,, .;$!
Added by Laws 1996, c. 215, § 4, eff. July 1, 1996. Amended by Laws
1997, c. 299, § 22, eff. July 1, 1997; Laws 1997, c. 338, § 1, eff.
July 1, 1997; Laws 1998, c. 274, § 9, emerg. eff. May 27, 1998; Laws
2001, c. 335, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 228, § 1,
eff. July 1, 2002; Laws 2003, c. 415, § 31, eff. July 1, 2003; Laws
2004, c. 5, § 85, emerg. eff. March 1, 2004; Laws 2004, c. 361, § 23,
eff. July 1, 2004; Laws 2004, c. 533, § 2, eff. July 1, 2004; Laws
2005, c. 90, § 1, eff. July 1, 2005; Laws 2010, c. 478, § 2, eff.
July 1, 2010.
NOTE: Laws 2003, c. 296, § 6 repealed by Laws 2004, c. 5, § 86,
emerg. eff. March 1, 2004.
§70-18-201. Repealed by Laws 1998, c. 274, § 11, emerg. eff. May 27,
1998 and Laws 1998, c. 362, § 5, emerg. eff. July 1, 1998.
NOTE: Laws 1998, c. 362, § 5 repealed this section as last amended
by Laws 1998, c. 246, § 34.
§70-18-201.1. Weighted membership for calculation of Foundation Aid
- 1997-98 and thereafter.
A. Beginning with the 1997-98 school year, and each school year
thereafter, the weighted membership of a school district for
calculation of Foundation Aid purposes pursuant to paragraph 1 of
subsection D of Section 18-200.1 of this title shall be the sum of
the weighted pupil grade level calculation, the weighted pupil
category calculation, the weighted district calculation and the
weighted teacher experience and degree calculation. The weighted
membership of a school district for calculation of Salary Incentive
Aid purposes pursuant to paragraph 3 of subsection D of Section 18-
200.1 of this title shall be the sum of the weighted pupil grade
level calculation, the weighted pupil category calculation, the
weighted district calculation and the weighted teacher experience and
degree calculation.
B. The weighted calculations provided for in subsection A of
this section shall be based on the highest weighted average daily
membership of the first nine (9) weeks of the current school year,
the preceding school year or the second preceding school year of a
school district, unless otherwise specified. The highest of the
three (3) weighted average daily memberships shall be used
consistently in all of the calculations; however, the portion of
weighted membership derived from nonresident, transferred pupils
enrolled in online courses shall be based on the weighted average
daily membership of the first nine (9) weeks of the current school
year. The average daily membership data used for all calculations in
paragraphs 1, 2, 3 and 4 of this subsection shall be the same as used
in the calculation of the State Aid Formula. The weighted
calculations provided for in subsection A of this section shall be
determined as follows:
*+,-11'121#+,, .;$
1. The weighted pupil grade level calculation shall be
determined by taking the highest average daily membership and
assigning weights to the pupils according to grade attended as
follows:
GRADE LEVEL WEIGHT
a. Half-day early childhood programs .7
b. Full-day early childhood programs 1.3
c. Half-day kindergarten 1.3
d. Full-day kindergarten 1.5
e. First and second grade 1.351
f. Third grade 1.051
g. Fourth through sixth grade 1.0
h. Seventh through twelfth grade 1.2
i. Out-of-home placement 1.50
Multiply the membership of each subparagraph of this paragraph by the
weight assigned to such subparagraph of this paragraph and add the
totals together to determine the weighted pupil grade level
calculation for a school district. Determination of the pupils
eligible for the early childhood program weight shall be pursuant to
the provisions of Section 1-114 of this title. The pupils eligible
for the out-of-home placement pupil weight shall be students who are
not residents of the school district in which they are receiving
education pursuant to the provisions of subsection D of Section 1-113
of this title. Such weight may be claimed by the district providing
educational services to such student for the days that student is
enrolled in that district. If claimed, the out-of-home placement
weight shall be in lieu of the pupil grade level and any pupil
category weights for that student. Provided, if a student resides in
a juvenile detention center that is restricted to less than twelve
(12) beds, the out-of-home placement pupil weight for such students
shall be calculated as follows: for a center with six (6) beds - 3.0;
for a center with eight (8) beds - 2.3 and for a center with ten (10)
beds - 1.80.
2. The weighted pupil category calculation shall be determined
by assigning a weight to the pupil category as follows:
CATEGORY WEIGHT
a. Visual Impairment 3.8
b. Specific Learning Disability .4
c. Deafness or Hearing Impairment 2.9
d. Deaf-Blindness 3.8
e. Intellectual Disability 1.3
f. Emotional Disturbance 2.5
g. Gifted .34
h. Multiple Disabilities 2.4
i. Orthopedic Impairment 1.2
j. Speech or Language Impairment .05
k. Bilingual .25
*+,-11'121#+,, .;$"
l. Special Education Summer Program 1.2
m. Economically Disadvantaged .25
n. Optional Extended School Year
Program
As determined by
the State Board
of Education
o. Autism 2.4
p. Traumatic Brain Injury 2.4
q. Other Health Impairment 1.2
Except as otherwise provided, multiply the number of pupils approved
in the school year with the highest average daily membership in each
category by the weight assigned to such category and add the totals
together to determine the weighted pupil category calculation for a
school district. For the 1996-97 school year, the number to be
multiplied by the weight assigned to the gifted category in
subparagraph g of this paragraph shall be the lesser of (1) the sum
of the number of students who scored in the top three percent (3%) on
any national standardized test of intellectual ability plus the
number of students identified as gifted pursuant to subparagraphs a
through d of paragraph 1 of Section 1210.301 of this title or (2) the
sum of the number of students who scored in the top three percent
(3%) on any national standardized test of intellectual ability plus
eight percent (8%) of the total average daily membership of the
school district for the preceding school year. For the 1997-98
school year and subsequent school years, the number to be multiplied
by the weight assigned to the gifted category in subparagraph g of
this paragraph shall be the lesser of (1) the sum of the number of
students who scored in the top three percent (3%) on any national
standardized test of intellectual ability plus the number of students
identified as gifted pursuant to subparagraphs a through d of
paragraph 1 of Section 1210.301 of this title, or (2) the sum of the
number of students who scored in the top three percent (3%) on any
national standardized test of intellectual ability plus eight percent
(8%) of the total average daily membership of the school district for
the first nine (9) weeks of the school year.
3. The weighted district calculation shall be determined by
determining the calculations for each school district for both the
small school district formula and the district sparsity - isolation
formula, applying whichever is the greater of the calculations of the
two formulas and then applying the restrictions pursuant to
subparagraph c of this paragraph.
a. Small school district formula: 529 minus the average
daily membership divided by 529 times .2 times total
average daily membership.
*+,-11'121#+,, .;$
The small school district formula calculation shall apply
only to school districts whose highest average daily
membership is less than 529 pupils. School districts which
are consolidated or annexed after July 1, 2003, pursuant to
the Oklahoma School Voluntary Consolidation and Annexation
Act shall have the weighted district size calculation for
the three (3) school years following the fiscal year in
which such consolidation occurred calculated to be the sum
of the individual consolidated districts computed as if the
consolidation had not taken place. Thereafter, any such
district which is consolidated pursuant to the Oklahoma
School Voluntary Consolidation and Annexation Act shall not
qualify for the weighted district calculation unless the
district can satisfy the specifications herein. Subject to
the provisions of subparagraph c of this paragraph, the
resulting number shall be counted as additional students for
the purpose of calculating State Aid.
b. District sparsity - isolation formula:
The district sparsity - isolation formula calculation shall
apply only to school districts:
(1) whose total area in square miles is greater than
the average number of square miles for all school
districts in this state; and
(2) whose areal density is less than one-fourth (1/4)
of the state average areal density. Areal density
shall be determined by dividing the school
district's average daily membership by the school
district's total area in square miles.
The district sparsity - isolation formula calculation shall
be calculated as follows:
The school district student cost factor multiplied by
the school district area factor. The resulting product
shall be multiplied by the school district's average
daily membership. Subject to the provisions of
subparagraph c of this paragraph, the resulting number
shall be counted as additional students for the purpose
of calculating State Aid.
The school district student cost factor shall be calculated
as follows:
The school district's average daily membership shall be
categorized into the following grade level groups and
applied to the appropriate formulas as computed below:
Grade Level Group
Grades K-5 Divide 74 by the sum of the Grade
Level ADM plus 23,
add .85 to the quotient, then
multiply the sum by the Grade
*+,-11'121#+,, .;(
Level ADM.
Grades 6-8 Divide 122 by the sum of the Grade
Level ADM plus 133,
add .85 to the quotient, then
multiply the sum by the Grade
Level ADM.
Grades 9-12 Divide 292 by the sum of the Grade
Level ADM plus 128,
add .78 to the quotient, then
multiply the sum by the Grade
Level ADM.
The sum of the grade level group's average daily
membership shall be divided by the school district's
average daily membership. The number one (1.0) shall
be subtracted from the resulting quotient.
The school district area cost factor shall be calculated as
follows:
Subtract the state average district area from the
district area, then divide the remainder by the state
average district area;
however, the district area cost factor shall not exceed one
(1.0).
The State Board of Education shall define geographical barriers
whose location in a school district would inhibit the district from
consolidation or annexation. The Board shall make available an
application process, review applications, and for districts the Board
deems necessary allow additional square miles to be used for the
purposes of calculations used for the weighted district sparsity -
isolation formula. Provided, that the additional square miles
allowed for geographical barriers shall not exceed thirty percent
(30%) of the district's actual size.
c. State Aid funds which a district is calculated to
receive as a result of the weighted district
calculation shall be restricted as follows:
If, after the weighted district calculation is
applied, the district's projected per pupil
revenue exceeds one hundred fifty percent (150%)
of the projected state average per pupil revenue,
then the district's State Aid shall be reduced by
an amount that will restrict the district's
projected per pupil revenue to one hundred fifty
percent (150%) of the projected state average per
pupil revenue. Provided, in applying the
restriction provided in this division, the
district's State Aid shall not be reduced by an
amount greater than by the amount of State Aid
*+,-11'121#+,, .;(
which was generated by the weighted district
calculation.
The July calculation of the projected per pupil revenue
shall be determined by dividing the highest of the
district's preceding two (2) years average daily
membership (ADM) as weighted by the pupil grade level,
the pupil category, the district and the teacher
experience degree index calculations for projected
State Aid into the district's projected total revenues
including projected funds for the State Aid Formula for
the preceding year, net assessed valuation for the
preceding calendar year times thirty-nine (39) mills,
county revenues excluding the county four-mills
revenues for the second preceding year, other state
appropriations for the preceding year and the
collections for the preceding year of state
apportionment, motor vehicle revenue, gross production
tax and R.E.A. tax.
The December calculation of the projected per pupil
revenue shall be determined by dividing the highest of
the district's first nine (9) weeks of the current
school year or the two (2) preceding school years
average daily membership (ADM) as weighted by the pupil
grade level, the pupil category, the district and the
teacher experience degree index calculations for
projected State Aid into the district's projected total
revenues including funds for the December calculation
of the current year State Aid Formula, net assessed
valuation for the current calendar year times thirty-
nine (39) mills, county revenues excluding the county
four-mills revenue for the preceding year, other state
appropriations for the preceding year and the
collections for the preceding year of state
apportionment, motor vehicle revenue, gross production
tax and R.E.A. tax.
The district's projected total revenues for each
calculation shall exclude the following collections for
the second preceding year: federal revenue, insurance
loss payments, reimbursements, recovery of overpayments
and refunds, unused reserves, prior expenditures
recovered, prior year surpluses, and other local
miscellaneous revenues.
4. The weighted teacher experience and degree calculation shall
be determined in accordance with the teacher experience and degree
index. The State Department of Education shall determine an index
for each state teacher by using data supplied in the school
*+,-11'121#+,, .;($
district's teacher personnel reports of the preceding year and
utilizing the index as follows:
TEACHER EXPERIENCE - DEGREE INDEX
EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S
DEGREE DEGREE DEGREE
0 - 2 .7 .9 1.1
3 - 5 .8 1.0 1.2
6 - 8 .9 1.1 1.3
9 - 11 1.0 1.2 1.4
12 - 15 1.1 1.3 1.5
Over 15 1.2 1.4 1.6
The school district teacher index for each school district shall
be determined by subtracting the weighted average state teacher from
the weighted average district teacher. Multiply the school district
teacher index if greater than zero by .7 and then multiply that
product by the sum of the district's weighted pupil grade level
calculation provided in paragraph 1 of this subsection and the
weighted pupil category calculation provided in subparagraph m of
paragraph 2 of this subsection to determine the weighted teacher
experience and degree calculation.
Added by Laws 1996, c. 215, § 6, eff. July 1, 1996. Amended by Laws
1997, c. 343, § 5, eff. July 1, 1997; Laws 1998, c. 204, § 5, eff.
July 1, 1998; Laws 1998, c. 362, § 4, eff. July 1, 1998; Laws 1999,
c. 1, § 28, emerg. eff. Feb. 24, 1999; Laws 2003, c. 296, § 7, eff.
July 1, 2003; Laws 2005, c. 432, § 10, eff. July 1, 2005; Laws 2010,
c. 478, § 3, eff. July 1, 2010; Laws 2011, c. 165, § 1; Laws 2018, c.
228, § 2, eff. July 1, 2018.
NOTE: Laws 1997, c. 300, § 5 repealed by Laws 1998, c. 5, § 29,
emerg. eff. March 4, 1998. Laws 1998, c. 246, § 35 repealed by Laws
1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.
§70-18-202.1. Funding of school districts in Superfund sites when
children have relocated - Highest weighted average of last 10 years
used.
For school districts located within the boundaries of federally
designated Superfund sites from which students have been relocated
with the assistance of state funds, the weighted calculations
provided for in subsection A of Section 18-201.1 of Title 70 of the
Oklahoma Statutes shall be based on the highest weighted average
daily membership of the first nine (9) weeks of the current school
year or any of the proceeding years, up to a maximum of ten (10)
years since students within the district first received state
assistance to relocate outside the district.
Added by Laws 2004, c. 371, § 7.
§70-18-300. Oklahoma School Land Fund.
*+,-11'121#+,, .;((
If the amendment to Section 3 of Article XI of the Constitution
of the State of Oklahoma contained in Enrolled House Joint Resolution
No. 1005 of the 1st Extraordinary Session of the 42nd Oklahoma
Legislature is approved by the people, there is hereby created in the
State Treasury a special fund to be designated the "Oklahoma School
Land Fund". The fund shall consist only of those monies described in
Section 3 of Article XI of the Oklahoma Constitution and apportioned
to the fund by law. Monies in the fund shall be used only for the
purpose of financing common education in this state through the State
Aid Formula.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 106, emerg. eff. April 25,
1990.
NOTE: The proposed amendment to Section 3 of Article XI of the
Oklahoma Constitution was defeated at special election held on June
26, 1990.
§70-18-400. Creation - Status - Expenditures.
There is hereby created in the State Treasury a revolving fund
for the State Board of Education to be designated the "Education
Reform Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all
appropriations and transfers made by the Legislature. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended beginning with the fiscal year ending June
30, 1993, by the State Board of Education for the purposes of
implementing reforms contained in Enrolled House Bill No. 1017 of the
First Extraordinary Session of the 42nd Oklahoma Legislature.
Expenditures from said fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 1991, c. 280, § 75, eff. July 1, 1991. Amended by Laws
2012, c. 304, § 611.
§70-19-1. Repealed by Laws 1955, p. 445, § 55.
§70-19-2. Repealed by Laws 1955, p. 445, § 55.
§70-19-3. Repealed by Laws 1955, p. 445, § 55.
§70-19-4. Repealed by Laws 1955, p. 445, § 55.
§70-19-5. Repealed by Laws 1955, p. 445, § 55.
§70-19-6. Repealed by Laws 1955, p. 445, § 55.
§70-19-7. Repealed by Laws 1955, p. 445, § 55.
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§70-19-8. Repealed by Laws 1955, p. 445, § 55.
§70-19-9. Repealed by Laws 1955, p. 445, § 55.
§70-19-10. Repealed by Laws 1955, p. 445, § 55.
§70-19-101. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-102. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-103. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-104. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-105. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-106. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-107. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-108. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-109. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-110. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-111. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-112. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-19-113. Aims and purposes.
The aims and purposes of driver's education shall be to develop a
knowledge of those provisions of the laws of this state relating to
the operation of motor vehicles, a proper acceptance of personal
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responsibility in traffic, a true appreciation of the causes,
seriousness, and consequences of traffic accidents, and to develop
the knowledge, attitudes, habits, and skills necessary for the safe
operation of motor vehicles.
Added by Laws 1988, c. 298, § 38, operative July 1, 1988.
§70-19-114. Establishment and maintenance of automobile driver
education - Course grading.
The school board of any school district maintaining a secondary
school, which includes any of the grades nine through twelve,
inclusive, may establish and maintain automobile driver education for
students that attend secondary public schools in that district. Only
students who are enrolled and passing in all of the core curriculum
courses appropriate for their grade levels shall be allowed to enroll
in driver education courses during the regular school day.
Added by Laws 1988, c. 298, § 39, operative July 1, 1988. Amended by
Laws 1994, c. 196, § 2, eff. Sept. 1, 1994; Laws 1995, c. 320, § 5,
eff. July 1, 1995; Laws 1998, c. 425, § 1, eff. July 1, 1998.
§70-19-115. Rules - Administrative budget - Coordinator of driver
education programs.
A. The establishment, conduct and scope of the driver education
program for secondary schools shall be the program established by
rules adopted and promulgated by the State Board of Education,
subject to the requirements and exceptions set forth in Section 19-
113 et seq. of this title. Said program shall be established and
maintained only in accordance with such rules and laws. The State
Superintendent of Public Instruction shall prepare an administrative
budget from funds made available under this article, which budget
shall be approved by the State Board of Education. It shall be the
responsibility of the State Superintendent of Public Instruction to
appoint supervisors of safety education and the necessary clerical
personnel.
B. The State Department of Education shall designate or employ a
state coordinator of driver education programs to provide oversight
of all driver education programs throughout the state. The
responsibilities of such coordinator shall include, but not be
limited to:
1. Assuring quality driver education programs in this state;
2. Serving as a liaison between the State Department of
Education and the Department of Public Safety;
3. Promoting driver safety throughout the state; and
4. Coordinating the activities of the supervisors of safety
education and the necessary clerical staff.
Added by Laws 1988, c. 298, § 40, operative July 1, 1988. Amended by
Laws 1998, c. 425, § 2, eff. July 1, 1998.
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§70-19-116. Persons eligible to participate in program.
Each school district providing driver education shall prescribe
regulations determining who can best benefit by and who shall receive
instruction under this program.
Added by Laws 1988, c. 298, § 41, operative July 1, 1988.
§70-19-117. Annual report.
Each school district shall report annually to the State
Superintendent of Public Instruction the cost of instructing pupils
during the preceding year in driver education, the number of pupils
actually enrolled and trained in such course during the preceding
year, and such other information as may be required for the
computation of the cost incurred therein.
Added by Laws 1988, c. 298, § 42, operative July 1, 1988.
§70-19-118. Cost of program.
A determination of the cost of a driver education program in a
secondary school shall include the cost of the replacement of the
automobile or machinery used in the instruction of pupils, the cost
of the instructor's salary, the upkeep and maintenance of said
automobiles, and the cost of such other equipment and classroom data
as may be required in a driver education program operated in
compliance with the rules and regulations of the State Board of
Education.
Added by Laws 1988, c. 298, § 43, operative July 1, 1988.
§70-19-119. Blank.
§70-19-120. Eligibility for driver education allowance.
No reimbursement shall be made to a school district for the
instruction of pupils in driver education unless the school district
has provided such instruction pursuant to state law and has complied
with the rules set forth by the State Board of Education governing
the establishment, conduct, and scope of driver education.
Added by Laws 1988, c. 298, § 45, operative July 1, 1988. Amended by
Laws 1998, c. 425, § 3, eff. July 1, 1998.
§70-19-121. Implementation of aims and purposes of act - Rules and
regulations - Supplies and equipment.
The State Board of Education is hereby authorized and empowered
to promulgate rules and regulations to carry out the aims and
purposes established in Section 38 of this act. The State Board of
Education is authorized to acquire in compliance with the law for
cash, lease, or by lease-purchase agreement all the necessary
equipment, visual and training aids and devices, and related
materials required.
Added by Laws 1988, c. 298, § 46, operative July 1, 1988.
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§70-19-122. Allocation of funds for driver education.
Contingent upon the availability of funds, monies appropriated to
the State Board of Education for the driver education program shall
be allocated to each school district which provided a driver
education program during the preceding fiscal year in accordance with
state law and the rules established by the State Board of Education.
Contingent upon funds being made available, allocations to each
school district shall be reimbursed on a first-come first-serve basis
as provided below:
1. In the amount of Ninety-five Dollars ($95.00) per pupil for
courses offered before or after the regular school day; and
2. In the amount of Eighty-two Dollars and fifty cents ($82.50)
per pupil for courses offered during the regular school day, the
summer, or on Saturday.
Added by Laws 1995, c. 305, § 17, eff. July 1, 1995. Amended by Laws
1998, c. 425, § 4, eff. July 1, 1999.
§70-19-123. Reinstatement of lapsed certification.
Any person who held a valid certificate to teach driver education
in this state, between 1980 and the effective date of this act, and
whose certificate has lapsed shall be eligible to have the
certification to teach driver education reinstated upon request
provided the person is otherwise eligible for teacher certification.
Added by Laws 1998, c. 425, § 5, eff. July 1, 1998.
§70-20-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
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§70-20-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-20-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-21-1. Repealed by Laws 1957, p. 501, § 10.
§70-21-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-21-101. Definitions.
As used in Sections 21-101 through 21-203 of this title:
1. "Act" means Sections 21-201 through 21-203 of this title that
enables the Oklahoma Board of Private Vocational Schools to approve
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licenses for state authorization of postsecondary education or
certain other forms of vocational-technical training and education;
2. "Private school" means any privately owned, nonpublic entity
that receives remuneration that is approved for a state authorization
license and provides postsecondary education, or provides vocational-
technical education prior to the person obtaining a high school
diploma or its equivalency;
3. "Board" means the Oklahoma Board of Private Vocational
Schools;
4. "Approval by the State Regents for Higher Education" means
approval:
a. for a postsecondary institution to offer one or more
associate, bachelor, master, or doctoral degrees in a
specific degree program,
b. of an entity to offer distance education for a
degree(s) that is granted by means of applying an
interstate reciprocity agreement to which the State
Regents for Higher Education is a party, or
c. of an entity by way of the provision of documentation
of independent accreditation by one or more regional or
national accrediting organizations which are recognized
by the U.S. Department of Education;
5. "Branch" means an additional location, separate facility, or
satellite to a main school that is defined by the organizational,
geographic, or legal characteristics of the entities;
6. "Business" means skills including but not limited to
administration, customer relations, finance, human resources,
leadership, management, marketing or strategic planning used to run a
for-profit or not-for-profit entity;
7. "Combines" means offering within the same catalog, website or
other form of publication or advertisement in such a way to convey
that the entity makes available more than one type or level of
training or education;
8. "Contact hour" means a period of time defined by a school,
seminar or workshop such as fifty (50) minutes which may differ from
a clock hour that will always be sixty (60) minutes in length;
9. "Correspondence course" means a form of instruction for which
a student receives lessons or assignments from a private school by
means of postal or other couriers;
10. "Distance education" means education or training provided
outside the traditional classroom by use of electronic mediums,
including but not limited to online or virtual education, e-learning
or computer-based, -aided or -assisted instruction;
11. "General education" means education to complete a student's
secondary education recognition providing instruction not specific to
any single occupation or vocation;
*+,-11'121#+,, .;
12. "Industrial" means related to manufacturing or other labor
which may or may not require skilled trade licensing;
13. "Occupation" or "vocation" means employment, either full-
time, part-time, by contract or on a consulting basis, for which a
person earns remuneration;
14. "Postgraduate certificate" means an advanced certification
earned following a student's receipt of an associate, bachelor,
master or doctorate degree that qualifies the individual for
specialized career advancement or job assignments;
15. "Postsecondary education" means a program that requires a
student to have a high school diploma, high school equivalency
certificate or requires that the person be beyond the age of
compulsory education;
16. "Primarily in the business of" means that an entity earns
twenty percent (20%) or more of its gross revenue from providing a
program(s) of instruction, as documented by certified public-
accountant-prepared financial statements that are attested to as a
true and correct statement of financial condition by an entity
owner(s);
17. "Profession" or "professional" means those occupations or
vocations relating to such fields of employment that generally
require an advanced degree or for which an individual must pass
extensive prelicensing testing. Examples include but are not limited
to attorneys and certified professional accountants. Professions may
or may not require ongoing continuing education that may be subject
to the authority or jurisdiction of an alternate state agency;
18. "Program", "program of study" or "program of instruction"
means a body of organized instruction that leads to a degree,
certificate, diploma or other recognized educational credential, or
provides transferable skills applicable to a business, professional,
trade or vocational-technical or industrial occupation or vocation;
19. "Public" means an entity that is established as a
governmental entity;
20. "Seminar" or "workshop" means a program of instruction that
results in business, professional, or vocational-technical knowledge
that applies to one or more occupations or vocations but will not
provide degree credit hours, a certificate or a diploma;
21. "Solicitor" means a representative of a private school that
leaves the physical facility of the school to attend job fairs,
career days or other activities to market to new students or to
attempt to secure new student enrollments;
22. "Technical" means those skills that are unique to certain
occupations or vocations;
23. "Trade" means a skilled trade including but not limited to
electrical, plumbing, and heating and air conditioning (HVAC), that
requires an individual to maintain a state or municipal license; and
*+,-11'121#+,, .;
24. "Tuition" means a financial charge made for the provision of
education or training, regardless of the term assigned to the
monetary or other exchange.
Added by Laws 1970, c. 65, § 1, operative July 1, 1970. Renumbered
from Title 70, § 1444.1 by Laws 1971, c. 281, § 24-123, eff. July 2,
1971. Amended by Laws 1976, c. 86, § 1, emerg. eff. May 4, 1976;
Laws 1982, c. 303, § 6, operative July 1, 1982; Laws 1983, c. 280, §
7, operative July 1, 1983; Laws 1986, c. 111, § 1, eff. July 1, 1986;
Laws 1986, c. 258, § 11, operative July 1, 1986; Laws 1991, c. 270, §
18, eff. July 1, 1991; Laws 1995, c. 305, § 18, eff. July 1, 1995;
Laws 1999, c. 398, § 3, eff. July 1, 1999; Laws 2014, c. 276, § 1.
§70-21-101.1. Exempt from licensing.
The term "private school" shall not include the following which
are exempt from licensing by the Oklahoma Board of Private Vocational
Schools:
1. Barber schools, beauty schools or other schools which are
exclusively regulated or licensed pursuant to the provisions of any
school-licensing law of this state, although such school may choose
to apply to secure a license for state authorization from the Board;
2. Any form of flight instruction subject to regulations
promulgated by the Federal Aviation Administration;
3. Parochial, private or other nonpublic schools offering
programs of general education accredited or approved by the State
Board of Education, the State Board of Career and Technology
Education or the State Regents for Higher Education;
4. Education or training, as approved by the Board, provided and
paid for by:
a. an employer for its own employees,
b. a professional organization, as approved by the Board,
for its members,
c. a parochial, denominational, eleemosynary school or
institution, which is sectarian in nature and uniquely
useful for and intrinsic to the propagation of a faith
or the pursuit of the mission of the school or
institution as approved by the Board, or
d. an entity supported by taxation of a local or state
source;
5. Education or training, as approved by the Board, which offers
instruction solely in the field of an avocation, hobby, recreation or
entertainment, as approved by the Board;
6. Professional prelicensing programs or continuing education
programs when an alternate state agency maintains complete authority
or jurisdiction over the right to offer or certify such a program,
regardless if the other agency mandates the subject matter of the
program;
*+,-11'121#+,, .;$
7. Postgraduate certificates offered or provided by a school
that has approval for that specific program issued by another state
agency or an accrediting agency approved by the Board;
8. If a private school combines training or education that is
both licensed and not licensed by another state agency, licensing by
the Board will be required for the entity's combined programs.
However, the Board will defer to the other state agency on matters
contained in the other agency's regulations and will refrain from
establishing conflicting requirements. Matters to be governed by the
other state agency may include but are not limited to curriculum,
testing or certification completion. The Board may require a private
school to document its approval by any other state agency or an
accrediting organization; and
9. Seminars or workshops offered by an entity that:
a. is not primarily in the business of providing programs
of instruction,
b. provides instruction to advance the personal
development or general, transferable skills of a
participant, and
c. offers aggregate clock or contact hours of no more than
twenty-four (24) clock or defined contact hours per
calendar quarter of the calendar year.
Added by Laws 2014, c. 276, § 2.
§70-21-102. Oklahoma Board of Private Vocational Schools -
Membership.
There is hereby re-created the Oklahoma Board of Private
Vocational Schools which shall consist of nine (9) members of whom
three shall be the Director of the Oklahoma Department of Career and
Technology Education, the Chancellor of the Oklahoma State Regents
for Higher Education and the State Superintendent of Public
Instruction or their designated representatives and of whom six shall
be appointed by the Governor of the State of Oklahoma subject to the
advice and consent of the Senate. Four persons shall qualify to
serve on the Board provided they occupy and have occupied for the
past three (3) years executive or managerial positions in private
schools located in this state of the type regulated under this act.
Two persons shall qualify to serve on the Board provided they occupy
and have occupied for the past three (3) years executive or
managerial positions in business or industry, not connected with
private schools. Each of the six persons shall be appointed for a
term of six (6) years, unless such term may be carried over by the
Governor.
Added by Laws 1970, c. 65, § 2, operative July 1, 1970. Renumbered
from Title 70, § 1444.2 by Laws 1971, c. 281, § 24-123, eff. July 2,
1971. Amended by Laws 1982, c. 303, § 5, operative July 1, 1982;
Laws 1983, c. 333, § 24, emerg. eff. June 29, 1983; Laws 1986, c.
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258, § 12, operative July 1, 1986; Laws 2001, c. 33, § 119, eff. July
1, 2001; Laws 2014, c. 276, § 3.
§70-21-102.1. Oklahoma Board of Private Vocational Schools -
Director - Powers and duties.
The Oklahoma Board of Private Vocational Schools is authorized
to:
1. Appoint and fix the compensation of a director who:
a. shall employ and fix the duties and compensation of
such clerical or other assistants as are reasonably
necessary to effectuate the provisions of this act, and
b. may execute contracts on behalf of the Board;
2. Promulgate rules to include but not be limited to the
implementation of minimum standards for the operation of private
schools and the application of a school, seminar or workshop for a
license of state authorization;
3. Approve or disapprove:
a. applications for state authorization,
b. other applications for licensing,
c. requests for exemption, and
d. requests for a definition exception;
4. Issue a private school license to document state
authorization or other licensing upon determination that such school
meets the standards fixed by the Board;
5. Prescribe, except as is otherwise provided by law and subject
to the provisions of the Administrative Procedures Act, such
penalties as it may deem proper for the enforcement of this act, not
to exceed One Thousand Dollars ($1,000.00);
6. Fix minimum standards for private schools, which shall
include standards for courses of instruction and training,
qualifications of instructors, financial stability, advertising
practices, and refund of tuition and fees paid by students for
courses of instruction or training not completed, and shall
promulgate and adopt reasonable rules and regulations for the
implementation of such minimum standards for the operation of private
schools;
7. Where possible, to regulate degrees offered by distance
education, make use of the State Regents for Higher Education's
interstate reciprocity agreements to create a more efficient and
cost-effective means of the regulation of private schools;
8. Make use of interstate reciprocity agreements that reasonably
satisfy the Board's minimum standards to approve state authorization
or other license application, if such agreements become available for
other programs the Board approves for state authorization or other
license;
*+,-11'121#+,, .;
9. Require an entity to repay any fees charged to the Board by a
financial institution or the State Treasurer for a returned check or
other failed form of payment;
10. Develop annual compliance training to emphasize standards
relating to the operation of a school and relicensing processes, and
require attendance by a representative of each school, seminar, or
workshop;
11. Provide all licensing forms free of charge via one or more
electronic means, but shall charge for the pick up or mailing of a
hard-copy licensing application packet to a person requesting
information about private school licensing requirements;
12. Certify an electronic record or the printing of an
electronically stored record as an original, subject to approval by
the Oklahoma Archives and Records Commission and when in accordance
with the record retention and destruction policy of the Board;
13. Collect or require the submission of data, including but not
limited to:
a. admissions,
b. certification scores or passage rates,
c. complaints or grievances,
d. enrollment,
e. funding,
f. graduation,
g. job longevity or retention,
h. job placement, and
i. other data, as necessary, to carry on the mission or
duties of the Board, or to assist in the state's
workforce development initiatives; and
14. Carry out such other duties as necessary to provide state
authorization for private vocational schools, seminars, and workshops
and such other schools that make offerings of courses or programs as
permitted by this act.
Added by Laws 2014, c. 276, § 4.
§70-21-103. Private school license.
A. It shall be unlawful to establish, conduct, operate or
maintain a private school, to solicit or canvass for scholarships or
tuition to a private school, or to offer a program of education or
training unless a license granting state authorization to operate
such school has been issued by the Board and is in effect. A private
school shall be issued only one license, regardless of the number of
locations operated by such school.
B. Upon application for a license or renewal of a license, each
private school shall designate a main school location. Designation
of a main school and one or more branches should mirror the
designations used for federal funding or accreditation.
*+,-11'121#+,, .;)
Added by Laws 1970, c. 65, § 3, operative July 1, 1970. Renumbered
from Title 70, § 1444.3 by Laws 1971, c. 281, § 24-123, eff. July 2,
1971. Amended by Laws 1976, c. 86, § 2, emerg. eff. May 4, 1976;
Laws 1978, c. 217, § 1, emerg. eff. April 21, 1978; Laws 1982, c.
303, § 7, operative July 1, 1982; Laws 1991, c. 270, § 19, eff. July
1, 1991; Laws 1995, c. 305, § 19, eff. July 1, 1995; Laws 2004, c.
172, § 1, eff. July 1, 2004; Laws 2014, c. 276, § 5.
§70-21-104. Private school solicitor's permit
It shall be unlawful for any person, acting as an agent or
representative of a private school giving classroom, correspondence,
or distance education instruction, whether such private school be
located inside or outside the State of Oklahoma, to canvass or
solicit prospective students in the State of Oklahoma, except on the
established and legal premises of the school, for the purpose of
selling to such student any scholarship or tuition in the private
school, or to take payment for the same in money, notes or other
evidence of indebtedness, unless the private school has been licensed
under this act, and unless a private school solicitor's license for
such purpose has been issued to such person.
Added by Laws 1970, c. 65, § 4, operative July 1, 1970. Renumbered
from Title 70, § 1444.4 by Laws 1971, c. 281, § 24-123, eff. July 2,
1971. Amended by Laws 1976, c. 86, § 3, emerg. eff. May 4, 1976;
Laws 2014, c. 276, § 6.
§70-21-105. Application for license or permit.
A. Applications for a private school license or a private school
solicitor's license shall:
1. Be filed with the Oklahoma Board of Private Vocational
Schools in the manner and upon forms from the Board or substantially
similar to forms implemented by the Board; and
2. Include but not be limited to the following disclosures:
a. the name, mailing address and telephone number of the
Board for the purposes of directing student complaints
to the Board, and
b. documentation of whether the proposed school will
provide only postsecondary education and training or if
a person who has not yet achieved a high school diploma
or its equivalency will be admitted and under what
specific circumstances.
B. Submissions to the Board shall be date-stamped as of the date
of the physical receipt when the office is open for business.
Added by Laws 1970, c. 65, § 5, operative July 1, 1970. Renumbered
from Title 70, § 1444.5 by Laws 1971, c. 281, § 24-123, eff. July 2,
1971. Amended by Laws 2014, c. 276, § 7.
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§70-21-105.1. Education and training programs to be considered for
licensure.
A. The existence of a private school, for the purpose of
requiring a state authorization license to be obtained, shall be
determined by the education or training program that is offered or
proposed to be offered and such other school attributes as enumerated
by the Legislature or the Oklahoma Board of Private Vocational
Schools.
B. Training and education programs to be considered for state
authorization licensure include:
1. Training or education that pertains to a business,
professional, trade or industrial occupation or vocational-technical
field that may result in the receipt of a degree, diploma or
certificate;
2. Improvement or enhancement of specific or general business
skills that may be used in one or more occupations;
3. Preparing a person to instruct subject matter that might
otherwise not require private school licensing, such as a
recreational, avocational or hobby activity, if the future
instructor's training may result in the future teacher receiving
remuneration for the training he or she will offer; and
4. Providing a program of prelicensing or exam preparation when
not licensed or approved by another state agency.
C. Training or education to be licensed for state authorization
by the Board may include a program that is offered through:
1. Traditional classrooms;
2. Short-term programs such as a seminar or workshop that does
not qualify for an exemption from licensing and offers to improve or
enhance specific or general business skills that may be used in one
or more occupations;
3. Correspondence; and
4. Distance education.
D. An entity shall be treated as a school for purposes of
licensing regardless of whether the entity:
1. Identifies itself as a school or other similar term;
2. Owns, rents or leases a physical facility or has physical
space donated to conduct classes or to host a correspondence or
distance education program;
3. Possesses any specific tax status granted by the Internal
Revenue Service or a state's taxation authority; or
4. Proposes funding that may or may not be limited to receiving
monies or other consideration through the U.S. Department of
Education's Title IV or other federal mechanisms, privately paid
tuition, student loans, grants, scholarships or receipt of other
consideration.
Added by Laws 2014, c. 276, § 8.
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§70-21-105.2. Retention of student records prior to closure.
After a school, seminar or workshop either voluntarily decides to
cease offering all programs of instruction or is required to do so
through proper enforcement of this act or the Oklahoma Board of
Private Vocational Schools' minimum standards, the entity shall,
before closure is complete, provide the Board with its appropriate
arrangement for the permanent retention of students’ records.
Added by Laws 2014, c. 276, § 9.
§70-21-106. Expiration and renewal of license - Bond - Fees -
Private School Fund - Delinquent renewal fees.
A. A license issued pursuant to this act shall expire annually
on June 30. Such license shall be renewed annually with the complete
renewal application and any and all appropriate fees due prior to
expiration annually on or before June 1. Licenses shall be renewed
by the Oklahoma Board of Private Vocational Schools if the Board
determines that such school remains in compliance with the standards
or other requirements set by the Board. The license of any school
licensed by the Board to provide postsecondary education or other
limited offering may be revoked if the school is found to be in
violation of the Oklahoma Statutes, the minimum standards established
by the Board, or if an accreditation or other governmental entity's
approval, material to the continuity of the school, is revoked.
B. A license of a school shall not be effective unless the
private school has filed with the Board a corporate surety bond or a
certificate of deposit in a manner and in an amount as is required by
the Board.
C. Private schools or applicants shall pay the following base
fees:
1. One Thousand Two Hundred Dollars ($1,200.00) per license
shall be paid to the Board for the issuance of an initial license for
a school, seminar, or workshop to provide postsecondary education or
other vocational-technical education or training pursuant to the
provisions of this act;
2. Three Hundred Dollars ($300.00) shall be paid for the initial
license of each new branch. A branch's renewal fee shall be based on
the tuition it collected;
3. For each renewal of a license, a fee based on the tuition
collected by a school, workshop or seminar from residents of Oklahoma
or other persons present in Oklahoma, as shown in the current
financial statement of the school, shall be paid to the Board. If a
school, workshop or seminar does not provide adequate details of its
Oklahoma tuition, then the renewal fee shall be based on the
nationwide tuition reported. For each main and branch school,
seminar, or workshop, the renewal fees shall be calculated based upon
the level of net tuition in the immediate prior calendar year as
follows:
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OKLAHOMA OR NATIONWIDE TUITION INCOME RENEWAL FEE
$50,000.00 or less $ 700.00
$50,000.01 to $250,000.00 $ 800.00
$250,000.01 to $500,000.00 $ 950.00
$500,000.01 to $1,000,000.00 $1,100.00
$1,000,000.01 to $3,000,000.00 $1,300.00
$3,000,000.01 and above $1,500.00;
4. Solicitor license:
a. Two Hundred Dollars ($200.00) during the first
licensing period of a school, seminar or workshop, for
each license,
b. One Hundred Dollars ($100.00) for the second and
consecutive licensing periods of the school , seminar
or workshop, for each license applied for or renewed;
5. Fifty Dollars ($50.00) for the review of a new catalog or
changes to an approved catalog;
6. In addition to the appropriate catalog change fee, a fee of
Twenty-five Dollars ($25.00) shall be paid whenever a main or branch
private school changes location; and
7. One Hundred Dollars ($100.00) shall be paid by each school to
the Board for attendance at a school workshop or webinar by the
school's required personnel, although one person may attend to
represent multiple, related schools.
D. If the annual licensing renewal application is not complete
on or before the first day of June each year, the fee for license
renewal shall become delinquent and the license shall not be renewed
except upon payment of an additional late fee. Late fees shall be
determined based upon the school's past history of submitting late
filings. The appropriate late fees shall be paid in full prior to
the Board's issuance of a renewal license in the following amounts:
1. Two Hundred Fifty Dollars ($250.00) for a first violation;
2. Five Hundred Dollars ($500.00) for a second violation within
ten (10) years of the first late filing, whether consecutive or not;
and
3. One Thousand Dollars ($1,000.00) for a third violation within
ten (10) years of the first late filing, whether consecutive or not.
Each violation beyond the third shall result in the school,
seminar or workshop being required to seek new or initial licensure
and only after payment of the full fee for a new license.
E. Twenty-five Dollars ($25.00) for each license application
packet, although packets provided by one or more electronic means
shall be free of charge.
F. The Board shall be authorized to require reimbursement for
any fees charged by a financial institution or the State Treasurer
for a returned check or other failed form of payment. The amount to
be reimbursed shall be invoiced to an entity within forty-five (45)
days after the Board's first knowledge of the fee.
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G. All fees, penalties and fines collected by the Board pursuant
to the provisions of this act shall be deposited with the State
Treasurer for credit to the Oklahoma Board of Private Vocational
Schools Revolving Fund.
Added by Laws 1970, c. 65, § 6, operative July 1, 1970. Renumbered
from Title 70, § 1444.6 by Laws 1971, c. 281, § 24-123, eff. July 2,
1971. Amended by Laws 1972, c. 60, § 1; Laws 1974, c. 306, § 2,
emerg. eff. May 29, 1974; Laws 1975, c. 213, § 1, emerg. eff. May 27,
1975; Laws 1976, c. 86, § 4, emerg. eff. May 4, 1976; Laws 1978, c.
217, § 2, emerg. eff. April 21, 1978; Laws 1982, c. 303, § 8,
operative July 1, 1982; Laws 1983, c. 280, § 8, operative July 1,
1983; Laws 1984, c. 289, § 7, operative July 1, 1984; Laws 1986, c.
17, § 1, eff. Nov. 1, 1986; Laws 1989, c. 97, § 3, operative July 1,
1989; Laws 1991, c. 270, § 20, eff. July 1, 1991; Laws 1992, c. 278,
§ 7, eff. July 1, 1992; Laws 1999, c. 398, § 4, eff. July 1, 1999;
Laws 2002, c. 301, § 5, eff. July 1, 2002; Laws 2004, c. 172, § 2,
eff. July 1, 2004; Laws 2014, c. 276, § 10.
§70-21-107. Repealed by Laws 2014, c. 276, § 13.
§70-21-108. Revocation of license or permit - Nontransferability.
A license or permit issued or renewed under the provisions of
this act may, after reasonable notice to the private school and an
opportunity to be heard, be revoked by the Board for a failure of the
private school to maintain the accreditation or the minimum standards
fixed by the Board by which such private school obtained its license,
or to maintain the bond required by Section 6 of this act, or for a
violation of any of the rules and regulations pertaining to minimum
standards of the Board. No license or permit issued under this act
shall be transferable.
Added by Laws 1970, c. 65, § 8, operative July 1, 1970. Amended by
Laws 1971, c. 281, § 24-123, eff. July 1, 1971.
§70-21-109. Enforcement of act.
The Attorney General or any local prosecuting officer, at the
request of the Board or on his own motion, may bring any appropriate
action or proceeding in any court of competent jurisdiction for the
enforcement of this act.
Added by Laws 1970, c. 65, § 9, operative July 1, 1970. Amended by
Laws 1971, c. 281, § 24-123, eff. July 2, 1971.
§70-21-110. Judicial review.
Any action of the Board respecting the issuance, denial, or
revocation of a permit pursuant to Sections 3, 4, 5, 6 and 8 of this
act shall be subject to judicial review by the district court having
jurisdiction.
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Laws 1970, c. 65, § 10, operative July 1, 1970; Laws 1971, c. 281, §
24-123, eff. July 2, 1971.
§70-21-111. Penalties.
Any person violating any of the provisions of this act shall be
guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than One Hundred Dollars ($100.00) nor more than Two
Thousand Five Hundred Dollars ($2,500.00), or by imprisonment for a
period of time not to exceed thirty (30) days.
Added by Laws 1970, c. 65, § 11, operative July 1, 1970. Renumbered
from § 1444.11 of this title by Laws 1971, c. 281, § 24-123, eff.
July 2, 1971. Amended by Laws 2004, c. 172, § 3, eff. July 1, 2004.
§70-21-112. Tax status.
Nothing in this act shall be intended to give private schools tax
exemption status except as provided by law. This act shall apply to
an entity defined as a private school regardless of that entity's
federal or state tax classification.
Added by Laws 1970, c. 65, § 13, operative July 1, 1970. Renumbered
from Title 70, § 1444.12 by Laws 1971, c. 281, § 24-123, eff. July 2,
1971; Laws 2014, c. 276, § 11.
§70-21-113. Repealed by Laws 1978, c. 217, § 3, emerg. eff. April
21, 1978.
§70-21-114. Repealed by Laws 1978, c. 217, § 3, emerg. eff. April
21, 1978.
§70-21-115. Repealed by Laws 1982, c. 303, § 10, operative July 1,
1982.
§70-21-116. Oklahoma Board of Private Vocational Schools Revolving
Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Board of Private Vocational Schools to be designated
the "Oklahoma Board of Private Vocational Schools Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Oklahoma
Board of Private Vocational Schools from all fees and penalties
collected by the Board pursuant to this act or rules promulgated and
any other funds obtained or received by the Board. All monies in the
fund shall be used exclusively for the purpose of operations and
functions of the Oklahoma Board of Private Vocational Schools. All
monies accruing to the credit of the fund are hereby appropriated and
may be budgeted and expended by the Oklahoma Board of Private
Vocational Schools. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
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prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 2004, c. 172, § 4, eff. July 1, 2004. Amended by Laws
2004, c. 399, § 1, eff. July 1, 2004; Laws 2012, c. 277, § 1, eff.
Nov. 1, 2012; Laws 2013, c. 15, § 98, emerg. eff. April 8, 2013; Laws
2014, c. 276, § 12.
NOTE: Laws 2012, c. 304, § 612 repealed by Laws 2013, c. 15, § 99,
emerg. eff. April 8, 2013.
§70-21-200. Repealed by Laws 1999, c. 398, § 7, eff. July 1, 2000.
§70-21-201. Repealed by Laws 1999, c. 398, § 7, eff. July 1, 2000.
§70-21-202. Repealed by Laws 1999, c. 398, § 6, eff. July 1, 1999.
§70-21-203. Repealed by Laws 1999, c. 398, § 7, eff. July 1, 2000.
§70-22. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-22-101. Official title of law.
This article may be cited as the "Oklahoma Public School Audit
Law."
Added by Laws 1971, c. 281, § 22-101, eff. July 2, 1971.
§70-22-102. "Public School" - Defined.
The term "Public School" as used herein shall include a school
district as provided in the Oklahoma Statutes. The term "auditor" as
used herein means a person or partnership who makes an audit and
prepares a report thereon as provided in this article.
Added by Laws 1971, c. 281, § 22-102, eff. July 2, 1971.
§70-22-103. Annual audits - Final exit interview.
A. The board of education of each school district in this state
shall provide for and cause to be made an annual audit of such school
district for each fiscal year. Said audit shall be a financial audit
and a compliance audit of all funds of the school district, including
the records of all student activity funds designated in Section 5-129
of this title. Such audit or audits shall be made at the end of the
fiscal year; provided, however, the local board of education may
require that audits be made at more frequent intervals.
B. Findings of material weaknesses, qualifications of the
auditor's report and of defalcations, or a report of lack of such
findings, shall be communicated in writing to the board. Upon
completion of an audit, the auditor shall conduct the final exit
interview at a meeting of the board. No part of the final exit
interview shall be conducted with any employee of the board except in
open meeting of the board; provided, portions of the final exit
*+,-11'121#+,, .;)$
interview related to matters which the board is authorized by law to
consider in executive session may be so considered.
Laws 1971, c. 281, § 22-103, eff. July 2, 1971; Laws 1982, c. 111, §
1, emerg. eff. April 6, 1982; Laws 1989, c. 335, § 21, eff. July 1,
1989; Laws 1993, c. 361, § 9, eff. July 1, 1993; Laws 2005, c. 472, §
14, eff. July 1, 2005.
§70-22-104. Standards - Qualifications of accountants - Liability
insurance.
A. 1. The audit of the financial statements and compliance
requirements of each public school district shall be made in
accordance with auditing standards generally accepted in the United
States as defined by the American Institute of Certified Public
Accountants or its successor organization and shall comply with the
most recent Government Auditing Standards issued by the United States
Government Accountability Office.
2. The auditor’s opinions shall state whether the financial
statements of the school district were prepared in accordance with:
a. accounting principles generally accepted in the United
States, or
b. accounting and financial reporting regulations
prescribed or permitted by the State Department of
Education,
3. The auditor shall also report in accordance with:
a. Government Auditing Standards on the school district’s
internal control over financial reporting and
compliance with certain provisions of laws,
regulations, contracts, grant agreements and other
matters, and
b. the United States Office of Management and Budget
Circular A-133, as required.
B. All firms, as defined by the Oklahoma Accountancy Act, before
entering into audit contracts required pursuant to the Oklahoma
Public School Audit Law, shall satisfy the State Auditor and
Inspector that the registrant, as defined by the Oklahoma Accountancy
Act, has an individual responsible for the audits of school districts
who:
1. Has at least two (2) years of experience auditing public
entities;
2. Has completed a minimum of eight (8) clock hours of
continuing education credit in school district accounting and
auditing as defined by the Governmental Accounting Standards Board
(GASB) and the Office of the Comptroller General during the prior
year; and
3. Is licensed by and is in good standing with the Oklahoma
Accountancy Board.
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C. Firms shall submit their application to perform audits of a
school district with their most recent peer review, which must
include the audit of at least one school district, if the firm has
performed such an audit, and any letter of comment for approval or
disapproval by the State Auditor and Inspector for the current audit
year on or before the first day of January of each calendar year.
D. 1. Until June 30, 2014, all firms entering into audit
contracts required pursuant to the Oklahoma Public School Audit Law
shall carry a minimum of Two Hundred Fifty Thousand Dollars
($250,000.00) accountants' professional liability insurance or the
total amount of the budget being audited, whichever is less.
2. Beginning July 1, 2014, all firms entering into audit
contracts required pursuant to the Oklahoma Public School Audit Law
shall carry a minimum of Five Hundred Thousand Dollars ($500,000.00)
accountants’ professional liability insurance or the total amount of
the budget being audited, whichever is less.
3. Proof of such insurance shall be submitted to the State
Auditor and Inspector prior to entering into a contract.
Added by Laws 1971, c. 281, § 22-104, eff. July 2, 1971. Amended by
Laws 1977, c. 225, § 1; Laws 1986, c. 32, § 1, emerg. eff. March 21,
1986; Laws 1986, c. 259, § 60, operative July 1, 1986; Laws 2005, c.
472, § 15, eff. July 1, 2005; Laws 2010, c. 477, § 2, eff. July 1,
2010.
§70-22-105. Expenses.
The expenses of audits required by this article, whether ordered
by the local board of education or the State Board of Education,
shall be paid by the local board of education for which the audit is
made. It shall be the duty of the board of education of the local
public school to make provision for payment of said expenses.
Added by Laws 1971, c. 281, § 22-105, eff. July 2, 1971.
§70-22-106. Preparation of budgets and financial statements.
The board of education may employ persons other than those
enumerated in Section 22-102 of this article for the preparation of
the estimate of needs and financial statement for presentation to the
county excise board.
Added by Laws 1971, c. 281, § 22-106, eff. July 2, 1971.
§70-22-107. Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.
§70-22-108. Auditor's opinion - Time to complete - Distribution of
copies.
A. Each audit of the financial statements of a school district
required by the Oklahoma Public School Audit Law shall be completed
and the auditor’s opinion thereon shall be submitted by the firm to
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the district board of education within nine (9) months after the
close of the fiscal year of the district board of education.
B. One copy of the auditor’s opinions and related financial
statements shall be maintained by the district board of education as
a public record for public inspection at all reasonable times at the
office of the district board of education. All records shall be kept
at least five (5) years.
C. The district board of education shall forward a copy of the
auditor’s opinions and related financial statements to the State
Board of Education and the State Auditor and Inspector within thirty
(30) days after receipt of the audit. The State Board of Education
shall retain such copy in its office as a public record where it
shall be available for public inspection at all reasonable times.
D. The State Board of Education may make inquiries it deems
necessary to determine that each district board of education is
properly complying with the Oklahoma Public School Audit Law. If
within eleven (11) months after the end of the fiscal year of the
school district a copy of the auditor’s opinions and related
financial statements has not been received by the State Board of
Education and by the State Auditor and Inspector, an inquiry shall be
made by the State Auditor and Inspector as to why such auditor’s
opinions and related financial statements have not been filed,
pursuant to the provisions of Section 212A of Title 74 of the
Oklahoma Statutes. Should the State Auditor and Inspector find that
the district board of education has failed to cause an annual audit
of the financial statements and compliance requirements of the school
district to be commenced, the State Auditor and Inspector shall make
a written demand on the board to complete and file such annual audit
of the financial statements and compliance requirements of the school
district within thirty (30) days of the date of such demand.
Added by Laws 1971, c. 281, § 22-108, eff. July 2, 1971. Amended by
Laws 1979, c. 30, § 132, emerg. eff. April 6, 1979; Laws 2010, c.
477, § 3, eff. July 1, 2010.
§70-22-109. Examination of the auditor's opinions - Deficiencies.
The State Auditor and Inspector shall examine all auditor’s
opinions and related financial statements submitted to it and shall
determine whether the auditor’s opinions and related financial
statements comply with the provisions of the Oklahoma Public School
Audit Law. If the State Auditor and Inspector finds that they have
not been complied with, the State Auditor and Inspector shall notify
the district board of education and the firm that submitted the
auditor’s opinions and related financial statements by submitting to
them a statement of deficiencies. If the deficiencies are not
corrected within ninety (90) days from the date of the statement of
deficiencies or within twelve (12) months after the end of the fiscal
year of the school district, whichever is later, the State Auditor
*+,-11'121#+,, .;))
and Inspector shall make or cause an audit to be made in the manner
provided for in Section 22-108 of this title. Any school district
audited pursuant to this section shall pay for the cost of the audit
as provided by Section 212A of Title 74 of the Oklahoma Statutes.
Added by Laws 1971, c. 281, § 22-109, eff. July 2, 1971. Amended by
Laws 2010, c. 477, § 4, eff. July 1, 2010.
§70-22-110. False statements in auditor's opinions - False
information - Penalty.
A. In any case where a firm has knowingly issued auditor’s
opinions and related financial statements, required under the
provisions of the Oklahoma Public School Audit Law, containing any
false or misleading statements, the State Auditor and Inspector shall
report such violation in writing to the board of education of such
school district and to the Oklahoma Accountancy Board. The State
Auditor and Inspector shall revoke their rights to perform such
audits in the future.
B. Any member of the governing body of the district board of
education or any member, officer, employee or agency of any
department, board or commission of the school district who knowingly
and willfully furnishes to the firm or to an employee of the firm any
false or fraudulent information shall be deemed guilty of
malfeasance, and upon conviction, the court shall enter judgment that
such person so convicted shall be removed from office or employment
of the school district. It shall be the duty of the court rendering
such judgment to cause immediate notice of such removal from office
or employment to be given to the proper officer of the school
district so that the vacancy thus caused may be filled.
Added by Laws 1971, c. 281, § 22-110, eff. July 2, 1971. Amended by
Laws 2005, c. 472, § 16, eff. July 1, 2005; Laws 2010, c. 477, § 5,
eff. July 1, 2010.
§70-22-111. Duties of board of education - Removal of members.
It shall be the duty of each local board of education to cause
such audits to be made in accordance with this article. It shall be
the further duty of said board to file a copy of said audit with the
proper authorities set forth in this article. Such filings shall be
not later than thirty (30) days after completion of the audit. Any
court of competent jurisdiction shall have the power to remove
members of such board from office for violation of this article.
Added by Laws 1971, c. 281, § 22-111, eff. July 2, 1971.
§70-22-112. State aid withheld for failure to comply with article.
All further payment of state aid for each district shall be
withheld until the provisions of this article have been fulfilled by
said district.
Laws 1971, c. 281, § 22-112, eff. July 2, 1971.
*+,-11'121#+,, .;)!
§70-22-113. State Board of Education to prescribe accounting systems
and procedures.
All accounting systems and procedures used by the school
districts of the State of Oklahoma shall conform with the accounting
systems and procedures prescribed by the State Board of Education.
Added by Laws 1971, c. 281, § 22-113, eff. July 2, 1971.
§70-23. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-23-101. Purpose of the Television Authority.
It is the intent of the Oklahoma Legislature and the purpose of
this article to make educational television services available to all
Oklahoma citizens on a coordinated statewide basis. Said educational
television services shall be provided by and through the various
educational and cultural agencies in the State of Oklahoma under the
direction and supervision of the Oklahoma Educational Television
Authority hereinafter created.
The Oklahoma Educational Television Authority is hereby
authorized and empowered to plan, construct, repair, maintain and
operate educational television facilities with channels assigned by
the Federal Communications Commission to the State of Oklahoma for
educational television purposes. The purpose of said Authority shall
be to provide a statewide educational television system, including
any arrangements for extension thereof and interchanges and rental as
may be necessary in establishing such statewide facilities.
The Oklahoma Educational Television Authority is hereby
authorized to issue revenue bonds of the Authority payable solely
from dedicated revenues to pay the cost of providing educational
television facilities as authorized in this article. Such revenue
bonds shall never become obligations of the State of Oklahoma, but
shall be retired by the Authority as provided in this article. Such
revenue bonds shall contain on the face thereof a statement to the
effect that neither the state nor the Authority shall be obligated to
pay the same or the interest thereon except from revenues dedicated
by the Legislature, and that neither the faith and credit nor the
taxing power of the state or any political subdivision thereof is
pledged, or may hereafter be pledged, to the payment of the principal
of, or the interest on, such bonds.
Added by Laws 1971, c. 281, § 23-101, eff. July 2, 1971.
§70-23-102. Advertising unlawful
It shall be unlawful for the Authority to permit any individual,
company, corporation, or organization to advertise or otherwise
attempt to sell its products or services through the use of the
facilities controlled by the Authority; and it shall also be unlawful
for said Authority to permit any individual or organization to in any
*+,-11'121#+,, .;)
way sponsor the election of any party or individual for any public
office; provided, however, that nothing in this section shall be
construed in a manner which would exclude announcements and programs
of nonprofit charitable and educational organizations which are for
the public good. Information programs sponsored by legally
authorized agencies of the state and federal governments for the
public good are to be considered proper program material. Provided
further, that the influence, direction or attempt to influence or
direct the program content or programs shown on public television by
an elected official or his representative for the purposes of
personal gain or political benefit, direct or indirect, shall be
unlawful and that violation of this section shall be a misdemeanor
punishable by a fine not to exceed One Thousand Dollars ($1,000.00)
or imprisonment not to exceed one (1) year, or both.
Added by Laws 1971, c. 281, § 23-102, eff. July 2, 1971. Amended by
Laws 1976, c. 275, § 4, emerg. eff. June 17, 1976.
§70-23-103. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.
§70-23-104. The meaning of words and terms.
As used in this article, unless the context indicates otherwise:
1. "State Department of Education" means that department of the
state government in which are placed the agencies created or
authorized by the Constitution and Legislature charged with the
responsibility of determining the policies and directing the
administration and supervision of the common school system of the
state. These agencies are the State Board of Education, the State
Superintendent of Public Instruction, and such divisions and
positions as may be established by law or by the State Board of
Education.
2. "State Board of Education" means that agency in the State
Department of Education which is the governing board of said
Department and of the common school system of the state.
3. "State Superintendent of Public Instruction" means the
elected offical provided for in Article VI, Section 1 of the
Constitution of Oklahoma, who is the executive officer of the State
Board of Education.
4. "Oklahoma State Regents for Higher Education" means that body
created by Article XIII-A of the Constitution of Oklahoma to
coordinate the affairs of all institutions of higher learning
supported by taxation in the State of Oklahoma.
5. "Common schools of Oklahoma" means all private schools and
all schools supported by public taxation, and including elementary
and secondary schools, the first two (2) years of junior college,
night school, adult and other special classes, and vocational
instruction.
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6. "Institutions of higher learning" means all private
institutions and all the state universities and colleges which are
supported by public taxation or otherwise authorized by laws in
effect or enacted hereinafter.
7. "Authority" means the Oklahoma Educational Television
Authority created by Section 23-105 of this article, or, if said
Authority shall be abolished, the board, body, or commission
succeeding to the principal functions of said Authority, or to whom
the power is given by law.
8. "Facilities" means channels, all equipment, and properties,
including the construction and operation thereof at any given point
together with all rights, easements, leases, and interests which may
be acquired by the Authority for such construction and operation
which may be deemed necessary for the accomplishment of the purposes
set forth in Section 23-101 of this article.
9. "Cost" as applied to the facilities means the cost of
construction including the acquisition of all land, rights-of-way,
property, rights, easements, and interest acquired by the Authority
for such construction; all machinery and equipment, financing
charges, interest prior to and during construction; engineering and
legal expenses, plans, specifications, surveys, estimates of cost and
of revenues, other expenses necessary or incident to determining the
feasibility or practicability of constructing any such facilities;
administrative expense, and such other expense as may be necessary or
incident to the construction of the facilities; and the financing of
such construction and the placing of the facilities in operation.
10. "Owner" means all individuals, copartnerships, associations,
or corporations having any title or interest in any property, rights,
easements, and interest authorized to be acquired by this article.
11. "Oklahoma Educational Television Network" means the
educational television channels allocated to the state by the Federal
Communications Commission and maintained and operated by the Oklahoma
Educational Television Authority.
12. "Executive Director" means the Executive Director of the
Oklahoma Educational Television Authority, authorized by the
provisions of Section 3 of this act.
Amended by Laws 1983, c. 172, § 1, operative July 1, 1983.
§70-23-105. Creation - Membership - Terms - Officers - Travel
expenses.
There is hereby re-created, to continue until July 1, 2020, in
accordance with the provisions of the Oklahoma Sunset Law, Section
3901 et seq. of Title 74 of the Oklahoma Statutes, a body corporate
and politic to be known as the "Oklahoma Educational Television
Authority", and by that name the Authority may sue and be sued, and
plead and be impleaded. The Authority is hereby constituted an
instrumentality of the state, and the exercise by the Authority of
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the powers conferred by this article for the planning, construction,
operation, and maintenance of educational television facilities shall
be deemed and held to be an essential function of the state.
The Oklahoma Educational Television Authority shall consist of
thirteen (13) members, including the President of the University of
Oklahoma, the President of Oklahoma State University, the State
Superintendent of Public Instruction, the Chancellor of the Oklahoma
State Regents for Higher Education, the president of one of the
state-supported four-year colleges to be chosen by the presidents of
this group of institutions, the president of one of the state-
supported two-year colleges to be chosen by the presidents of this
group of institutions, and seven additional members to be appointed
by the Governor with the consent of the Senate, to serve seven-year
terms.
The appointed members shall have been residents of the state for
at least five (5) years preceding the date of their appointment. The
appointed members shall include one member from each of the
congressional districts and any remaining members shall be appointed
from the state at large. However, when congressional districts are
redrawn each member appointed prior to July 1 of the year in which
such modification becomes effective shall complete the current term
of office and appointments made after July 1 of the year in which
such modification becomes effective shall be based on the redrawn
districts. Appointments made after July 1 of the year in which such
modification becomes effective shall be from any redrawn districts
which are not represented by a board member until such time as each
of the modified congressional districts are represented by a board
member. A majority of the appointed members shall be actively
engaged in the profession of education. Each appointed member of the
Authority, before entering upon the duties of the member, shall take
the oath provided for by Section 1 of Article XV of the Constitution
of the State of Oklahoma.
The seven original members appointed by the Governor shall
continue in office for terms expiring on June 30, 1954; June 30,
1955; June 30, 1956; June 30, 1957; June 30, 1958; June 30, 1959; and
June 30, 1960, respectively. The terms of each of the original
appointed members shall be designated by the Governor, and said
members shall serve for their appointed terms and until their
respective successors shall be appointed and qualified. The
successor of each appointed member shall be appointed for a term of
seven (7) years, except that any person appointed to fill a vacancy
shall be appointed to serve only for the unexpired term in said
vacancy.
The Authority shall elect from the membership of the Authority a
chairman, a vice-chairman, and a secretary-treasurer. Any such
officers elected by the Authority on or after July 1, 1984, shall be
appointed to serve a term of one (1) year. Seven members of the
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Authority shall constitute a quorum, and the vote of seven members
shall be necessary for any action taken by the Authority. No vacancy
in the membership of the Authority shall impair the right of a quorum
to exercise all the rights and perform all the duties of the
Authority. The Authority shall meet at least quarterly.
The members of the Authority shall not be entitled to
compensation for their services, but each member shall be reimbursed
for travel expenses incurred in performing official duties in
accordance with the provisions of the State Travel Reimbursement Act.
No liability or obligation shall be incurred by the Authority beyond
the extent to which monies shall have been provided pursuant to the
authority of this article.
Added by Laws 1971, c. 281, § 23-105, eff. July 2, 1971. Amended by
Laws 1980, c. 159, § 22, emerg. eff. April 2, 1980; Laws 1983, c.
172, § 2, operative July 1, 1983; Laws 1985, c. 178, § 56, operative
July 1, 1985; Laws 1990, c. 318, § 1, emerg. eff. May 30, 1990; Laws
1996, c. 54, § 1, eff. Nov. 1, 1996; Laws 2002, c. 375, § 19, eff.
Nov. 5, 2002; Laws 2003, c. 3, § 82, emerg. eff. March 19, 2003; Laws
2008, c. 13, § 1; Laws 2012, c. 231, § 1; Laws 2014, c. 290, § 1.
NOTE: Laws 2002, c. 104, § 1 repealed by Laws 2003, c. 3, § 83,
emerg. eff. March 19, 2003.
§70-23-106. Powers of Authority.
The Authority is hereby authorized and empowered:
1. To accept, assume and control the television channels
assigned by the Federal Communications Commission to the State of
Oklahoma for educational purposes;
2. To adopt bylaws for the regulation of its affairs and the
conduct of its business;
3. To adopt an official seal and alter the same at pleasure;
4. To maintain an office at such place or places within the
state as it may designate;
5. To sue and be sued in its own name, plead and be impleaded;
provided, however, that any and all actions, at law or in equity,
against the Authority shall be brought in the county in which the
principal office of the Authority shall be located, or in the county
of the residence of the plaintiff, or in the county where the cause
of action arose;
6. To construct, maintain, repair and operate television
facilities which with their access connections are designated
ultimately to extend to and include all sections and areas of the
State of Oklahoma;
7. To issue revenue bonds of the Authority, payable solely from
dedicated revenues, for the purpose of paying all or any part of the
cost of needed facilities;
8. To fix and revise from time to time any necessary charges for
the use of any facilities;
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9. To pay for the annual cost of the operation, maintenance and
repair of such facilities;
10. To pay as and when due the principal and interest on the
revenue certificates or bonds issued to pay for such facilities;
11. To accumulate and maintain such reserves as are provided for
in the resolution or trust indenture under which such bonds are
issued or secured;
12. To acquire, hold, or dispose of real and personal property
in the exercise of its powers and the performance of its duties under
this act;
13. To acquire in the name of the Authority by purchase or
otherwise, on such terms and conditions and in such manner as it may
deem proper, or by the exercise of the right of condemnation in
manner hereinafter provided, such public or private lands, rights-of-
way, property, rights, easements, and interests, as it may deem
necessary for carrying out the provisions of this article; and it is
the intent of the Legislature that all public property damaged in
carrying out the powers granted by this article shall be restored or
repaired and placed in its original condition as nearly as
practicable;
14. To designate, except as is provided for herein, the
locations; and to establish, limit and control such points of ingress
to and egress from each facility as may be necessary or desirable in
the judgment of the Authority to insure the proper operation and
maintenance of such facility;
15. To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this article, and to employ consulting
engineers, attorneys, accountants, construction and financial
experts, superintendents, managers, and such other employees and
agents as may be necessary in its judgment, and to fix their
compensation;
16. To receive appropriations from the State Legislature and
accept from any federal agency grants for or in aid of the
construction and operation of any project; provided, the acceptance
of such grants or appropriations will not reduce the amount of
federal aid for other education in this state; and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value;
17. To do any and all things necessary to comply with rules,
regulations, or requirements of the Federal Communications Commission
or any other federal agency administering any law enacted by the
Congress of the United States to aid or encourage education;
18. To do all things necessary or convenient to carry out the
powers expressly granted in this article.
It shall be unlawful for any member, officer, or employee of the
Authority to transact with the Authority, either directly or
*+,-11'121#+,, .;!$
indirectly, any business for profit of such member, officer, or
employee; and any person, firm or corporation knowingly participating
therein shall be equally liable for violation of this provision.
The term “business for profit” shall include, but not be limited
to, the acceptance or payment of any fee, commission, gift or
consideration to such member, officer or employee.
Any person found guilty of violating any of the provisions of
this section shall be guilty of a felony, and shall be punishable by
a fine of not less than Five Hundred Dollars ($500.00), and not more
than Five Thousand Dollars ($5,000.00), or by imprisonment in the
State Penitentiary for not more than five (5) years, or by both such
fine and imprisonment.
Added by Laws 1971, c. 281, § 23-106, eff. July 2, 1971. Amended by
Laws 1997, c. 133, § 576, eff. July 1, 1999; Laws 1999, 1st Ex.Sess.,
c. 5, § 416, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 576 from July 1, 1998, to July 1, 1999.
§70-23-106.1. Executive Director.
The chief executive officer of the Authority shall be the
Executive Director, who shall be appointed by and serve at the
pleasure of the Authority. The Executive Director shall be appointed
solely on the basis of his qualifications to administer and direct
the affairs of the Oklahoma Educational Television Network. The
Authority shall fix the salary of the Executive Director.
Added by Laws 1983, c. 172, § 3, operative July 1, 1983.
§70-23-106.2. Powers and duties of Executive Director.
Subject to the policies, rules, and regulations of the Authority,
the Executive Director shall:
1. recommend to the Authority the appointment, promotion,
demotion, suspension, or removal of all administrative officers and
employees of the Oklahoma Educational Television Network whose
function is to postaudit said Network or make studies or
investigations which are independent of the Executive Director; and
2. organize, regulate, direct, supervise, and control all
administrative personnel whose appointment he is authorized to make
or recommend and all property he is authorized by the Authority to
keep or use; and
3. establish an accounting system for the Oklahoma Educational
Television Network and supervise the handling of all funds of said
Network; and
4. annually prepare a budget and submit said budget to the
Authority, administer the budget after it goes into effect, and
recommend to the Authority any changes in the budget which he may
deem necessary; and
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5. submit to the Authority a report on the finances and
administrative activities of the Oklahoma Educational Television
Network at the end of each calendar month and each fiscal year, and
submit such other reports as the Authority may require; and
6. advise the Authority on the financial condition and the needs
of the Oklahoma Educational Television Network, and make such
recommendations to the Authority as he may deem necessary; and
7. perform such other duties and have such other powers as the
Authority may prescribe.
Added by Laws 1983, c. 172, § 4, operative July 1, 1983.
§70-23-107. Powers continued.
The Authority is hereby authorized and empowered to acquire by
purchase, whenever it shall deem such purchase expedient, any land,
property, rights, rights-of-way, franchises, easements, or other
interests in lands as it may deem necessary or convenient for the
construction, maintenance, and operation of the facilities upon such
terms and at such price as may be considered by it to be reasonable
and can be agreed upon between the Authority and the owner thereof,
and to take title thereto in the name of the Authority.
Added by Laws 1971, c. 281, § 23-107, eff. July 2, 1971.
§70-23-108. The Authority has power to condemn property.
Whenever a reasonable price cannot be agreed upon, or whenever
the owner is legally incapacitated, or is absent, unknown, or unable
to convey valid title, the Authority is hereby authorized and
empowered to acquire by condemnation proceedings in the same manner
as land is condemned for railroad purposes any land, property,
rights, rights-of-way, franchises, easements, or other property
deemed necessary or convenient for the construction or the efficient
operation of any facilities, or necessary in the restoration of
public or private property damaged or destroyed. No act or
obligation of the Authority shall impose any liability upon the state
or the Authority except such as may be paid from the funds provided
under the authority of the article.
Added by Laws 1971, c. 281, § 23-108, eff. July 2, 1971.
§70-23-109. Authority may issue revenue bonds.
The Authority may provide by resolution, at one time or from time
to time, for the issuance of revenue bonds of the Authority for the
purpose of paying all or any of the cost of any one or more projects,
but each project shall be covered by a separate resolution and
separate bond issue or issues. Provided, each such resolution must
receive legislative approval prior to actual issuance of said revenue
bonds. The principal of and the interest on such bonds shall be
payable solely from the funds herein provided for such payment. The
bonds of each issue shall be dated, shall bear interest at a rate not
*+,-11'121#+,, .;!
to exceed ten percent (10%), and shall mature in annual installments
at such time or times not exceeding the maximum time permitted by the
Constitution of the State of Oklahoma, but in any event not more than
forty (40) years after their date as may be determined by the
Authority. The Authority may cause the bonds or any installment
thereof to be made redeemable before maturity, at the option of the
Authority, at such price or prices, and under such terms and
conditions as may be fixed by the Authority prior to the issuance of
the bonds. The Authority shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall fix
the denomination or denominations of the bonds and the place or
places of payment of principal and interest, which may be at any bank
or trust company within or without the state. The bonds shall be
signed by the chairman of the Authority, and the official seal of the
Authority shall be affixed thereto and attested by the secretary-
treasurer of the Authority, and any coupons attached thereto shall
bear the facsimile signature of the chairman of the Authority. In
case any officer whose signature or a facsimile of whose signature
shall appear on any bonds or coupons shall cease to be such officer
before the delivery of such bonds, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the same
as if he had remained in office until such delivery. All bonds
issued under the provisions of this article shall have and are hereby
declared to have all the qualities and incidents of negotiable
instruments under the negotiable instruments law of the state. The
bonds may be issued in coupon or in registered form or both, as the
Authority may determine, and provisions may be made for the
registration of any coupon bonds as to principal and interest. The
Authority shall sell such bonds at public sale. Notice of the sale
shall be published in a Thursday issue for two (2) successive weeks
in a daily newspaper of general circulation in the State of Oklahoma.
The date mentioned in the notice for the sale of the bonds shall not
be less than ten (10) days after the first publication thereof. All
bonds shall be sold to the bidder who will bid therefor par and
accrued interest, and who shall stipulate in his bid the lowest rate
of interest which such bonds shall bear. It is the intent of this
article that the bonds shall be awarded to the bidder bidding rate or
rates of interest which will be the lowest interest cost during the
life of the bonds. Any premium bid shall not be considered in
figuring such interest cost but shall be considered only in case two
or more bidders bid the same interest cost. Upon the acceptance of
such bid, the bonds shall be issued in accordance therewith and shall
be delivered to the purchaser upon payment of the purchase price.
Each bidder shall submit with his bid such sum in cash or its
equivalent as may be determined by the Authority, and upon the
acceptance of any bid such deposit shall become the property of the
Authority and shall be credited on the purchase price of the bonds,
*+,-11'121#+,, .;!)
upon the understanding that if the purchaser shall fail five (5) days
after the tender of bonds to pay the balance of the purchase price,
said sale shall be thereby annulled and said deposit shall be in such
event retained by the Authority and credited to the account for which
such bonds are being issued and shall be used accordingly. All other
deposits shall be returned. The Authority shall have the right to
reject all bids and readvertise the bonds for sale. The bonds need
not be issued and sold in series. In no event shall the bonds be
sold at a price so low as to require the payment of interest on the
money received therefor at more than ten percent (10%), computed with
relation to the absolute maturity of the bonds in accordance with the
standard tables of bond values, excluding, however, from such
computation the amount of any premium to be paid on the redemption of
any bonds prior to maturity.
The proceeds of the bonds of each issue shall be used solely for
the payment of the cost of the project, for which such bonds shall
have been issued, and shall be disbursed in such manner, and under
such restrictions, if any, as the Authority may provide in the
resolution authorizing the issuance of such bonds or in the trust
agreement hereinafter mentioned securing the same. If the proceeds
of the bonds of any issue, by error of estimates or otherwise, shall
be less than such cost, additional bonds may in like manner be issued
to provide the amount of such deficit, and, unless otherwise provided
in the resolution authorizing the issuance of such bonds or in the
trust agreement securing the same, shall be deemed to be of the same
issue and shall be entitled to payment from the same fund without
preference or priority of the bonds first issued. If the proceeds of
the bonds of any issue shall exceed such cost, the surplus shall be
deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the Authority may,
under like restrictions, issue interim receipts or temporary bonds,
with or without coupons, exchangeable for definitive bonds when such
bonds shall have been executed and are available for delivery. The
Authority may also provide for the replacement of any bonds which
shall become mutilated or shall be destroyed or lost. Bonds may be
issued under provisions of this article without obtaining the consent
of any department, division, commission, board, bureau or agency of
the state except legislative approval as required herein, and without
any other proceedings or the happening of any other conditions or
things than those proceedings, conditions, or things which are
specifically required by this article.
Laws 1971, c. 281, § 23-109, eff. July 2, 1971; Laws 1977, c. 232, §
6, emerg. eff. June 15, 1977.
§70-23-110. Sinking Fund.
The principal and interest necessary to retire any bonds issued
by the Authority shall be paid out of the "Oklahoma Educational
*+,-11'121#+,, .;!!
Television Bond Sinking Fund" hereinafter established by Section 23-
111 of this article.
Added by Laws 1971, c. 281, § 23-110, eff. July 2, 1971.
§70-23-111. Creation of Sinking Fund.
There is hereby created the Oklahoma Educational Television Bond
Sinking Fund in the State Treasury and the State Treasurer is hereby
authorized and directed to transfer revenues accruing to the Public
Building Fund, not otherwise appropriated as of the date this article
becomes effective, to the Oklahoma Educational Television Bond
Sinking Fund to be used solely for the purpose of retiring bonds
issued by the Oklahoma Educational Television Authority.
Added by Laws 1971, c. 281, § 23-111, eff. July 2, 1971.
§70-23-112. Trust agreements.
In the discretion of the Authority any bonds issued under the
provisions of this article may be secured by a trust agreement by and
between the Authority and a corporate trustee which may be any trust
company or bank having the powers of a trust company within or
without the state. Such trust agreement may pledge or assign the
revenues to be received from the project constructed by the use of
the proceeds of the bonds, but shall not convey or mortgage any
project or part thereof. Such trust agreement or resolution
providing for the issuance of such bonds may contain such provisions
for protecting and enforcing the rights and remedies of the
bondholders as may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the Authority in
relation to the acquisition of property and the construction,
improvement, maintenance, repair, operation and insurance of the
project in connection with which such bonds shall have been
authorized, and the custody, safeguarding and application of all
monies, and provisions for the employment of consultants or operation
of such project or projects. It shall be lawful for any bank or
trust company incorporated under the laws of the state which may act
as depository of the proceeds of bonds or of revenues to furnish such
indemnifying bonds or to pledge such securities as may be required by
the Authority. Any such trust agreement may set forth the rights and
remedies of the bondholders and of the trustee, and may restrict the
individual right of action by bondholders as is customary in trust
agreements or trust indentures securing bonds and debentures of
corporations. In addition to the foregoing any such trust agreement
may contain such other provisions as the Authority may deem
reasonable and proper for the security of the bondholders. All
expenses incurred in carrying out the provisions of such trust
agreement may be treated as part of the cost of the operation of the
project or projects.
Laws 1971, c. 281, § 23-112, eff. July 2, 1971.
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§70-23-113. Authority may collect fees.
The Authority, subject to the provisions hereof, is hereby
authorized to fix, revise, charge and collect fees for the use of any
of its facilities.
Added by Laws 1971, c. 281, § 23-113, eff. July 2, 1971.
§70-23-114. Monies received are trust funds.
All monies received pursuant to the authority of this article,
whether as proceeds from the sale of bonds or other revenues, shall
be deemed to be trust funds, to be held and applied solely as
provided in this article. The resolution authorizing the bonds of
any issue or the trust agreement securing such bonds shall provide
that any officer to whom, or any bank or trust company to which, such
monies shall be paid shall act as trustee of such monies and shall
hold and apply the same for the purposes hereof, subject to such
regulations as this article and such resolution or trust agreement
may provide.
Added by Laws 1971, c. 281, § 23-114, eff. July 2, 1971.
§70-23-115. Rights of trustee.
Any holder of bonds issued under the provisions of this article
or any of the coupons appertaining thereto, and the trustee under the
trust agreement, except to the extent the rights herein given may be
restricted by such trust agreement, may, either at law or in equity,
by suit, action, mandamus or other proceeding protect and enforce any
and all rights under the laws of the state or granted hereunder or
under such trust agreement or the resolution authorizing the issuance
of such bonds, and may enforce and compel the performance of all
duties required by this article or by such trust agreement or
resolution to be performed by the Authority or by any officer thereof
including the fixing, charging and collecting of fees.
Added by Laws 1971, c. 281, § 23-115, eff. July 2, 1971.
§70-23-116. Authority tax exempt.
The exercise of the powers granted by this article will be in all
respects for the benefit of the people of the state, to serve their
educational and cultural interests and needs, and for the improvement
of their health and living conditions. The operation and maintenance
of projects by the Authority will constitute the performance of
essential governmental functions, and the Authority shall not be
required to pay any taxes or assessments upon any project or any
property acquired or used by the Authority under the provisions of
this article or upon the income therefrom, and the bonds issued under
the provisions of this article, their transfer and the income
therefrom, including any profit made on the sale thereof, shall at
all times be free from taxation within the state.
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Laws 1971, c. 281, § 23-116, eff. July 2, 1971.
§70-23-117. Securities of bonds.
Bonds issued under the provisions of this article are hereby made
securities by which all banks, trust companies, trust and loan
associations, investment companies and others carrying on a banking
business, all insurance companies and insurance associations, and
others carrying on an insurance business may legally and properly
invest funds including capital in their control or belonging to them.
Added by Laws 1971, c. 281, § 23-117, eff. July 2, 1971.
§70-23-118. Projects to become part of the State Educational System.
Each project when constructed and placed in use shall be
maintained and kept in good condition and repair by the Authority.
When all bonds issued under the provisions of this article in
connection with any project and the interest thereon shall have been
paid or a sufficient amount for the payment of all such bonds and the
interest thereon to the maturity thereof shall have been set aside in
trust for the benefit of the bondholders, such project, if then in
good condition and repair to the satisfaction of the State
Legislature, shall become part of the State Educational System.
All counties, cities, towns, municipalities and school districts
of the state and all state boards, commissions, officials, and other
public agencies, notwithstanding any contrary provision of law, are
hereby authorized and empowered:
1. To lease, lend, grant or convey to the Authority at its
request upon such terms and conditions as the proper authorities of
such counties, cities, towns, municipalities, school districts of the
state, and all state boards, commissions, officials and other public
agencies may deem reasonable and fair and without the necessity for
any advertisement, order of court or other action or formality other
than the regular and formal action of the authorities concerned, any
personal property, real property and other things of value which may
be necessary or convenient to the effectuation of the authorized
purposes of the Authority, including real property already devoted to
public use; and
2. To lease, rent or contract from the Authority for telecasting
purposes, any programs that would be beneficial to their interest and
that of the State of Oklahoma.
Laws 1971, c. 281, § 23-118, eff. July 2, 1971.
§70-23-119. Authority may contract with television stations.
The Authority is hereby authorized and empowered to enter into
contract with other television stations, networks or other agencies
for the purpose of receiving or exchanging television programs.
Added by Laws 1971, c. 281, § 23-119, eff. July 2, 1971.
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§70-23-120. Bond application may be filed with Oklahoma Supreme
Court.
The Authority is authorized in its discretion to file an
application with the Supreme Court of Oklahoma for the approval of
any bonds to be issued thereunder, and exclusive original
jurisdiction is hereby conferred upon the Supreme Court to hear and
determine each such application. It shall be the duty of the Court
to consider and pass upon the applications and any protests which may
be filed thereto as speedily as possible. Notice of the hearing on
each application shall be given by notice published in a newspaper
of general circulation in the state that on a day named the Authority
will ask the Court to hear its application and approve the bonds.
Such notice shall inform all persons interested that they may file
protests against the issuance of the bonds and be present at the
hearing and contest the legality thereof. Such notice shall be
published one time not less than ten (10) days prior to the date
named for the hearing and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court shall be satisfied
that the bonds have been properly authorized in accordance with this
article and that when issued, they will constitute valid obligations
in accordance with their terms, the Court shall render its written
opinion approving the bonds and shall fix the time within which a
petition for rehearing may be filed. The decision of the Court shall
be a judicial determination of the validity of the bonds, shall be
conclusive as to the Authority, its officers and agents, and
thereafter the bonds so approved and the revenues pledged to their
payment shall be incontestable in any court in the State of Oklahoma.
Laws 1971, c. 281, § 23-120, eff. July 2, 1971.
§70-23-121. Authority is authorized to issue refunding bonds.
The Authority is hereby authorized to provide by resolution for
the issuance of revenue refunding bonds of the Authority for the
purpose of refunding any bonds then outstanding which shall have been
issued under the provisions of this article, including the payment of
any redemption premium thereon and any interest accrued or to accrue
to the date of redemption of such bonds. Each refunding issue shall
be limited to the project in connection with which the bonds being
refunded were issued, and revenues pledged to pay any such refunding
issue shall be limited to the revenue derived from said separate
project. The issuance of such bonds, the maturities and other
details thereof, the rights of the holders thereof, and the rights,
duties and obligations of the Authority in respect of the same shall
be governed by the provisions of this article insofar as the same may
be applicable.
Added by Laws 1971, c. 281, § 23-121, eff. July 2, 1971.
§70-23-122. Authority must report to Legislature.
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The Authority shall make and submit to the Legislature, on or
before December 31 of each year, a full report showing projects under
construction and in operation, planned projects, and the financial
condition of the Authority, and such other information as the
Legislature shall require.
Added by Laws 1971, c. 281, § 23-122, eff. July 2, 1971.
§70-23-123. This article provides alternative methods for things
authorized hereby.
The foregoing sections of this article shall be deemed to provide
an additional and alternative method for the doing of the things
authorized thereby, and shall be regarded as supplemental and
additional to powers conferred by other laws, and shall not be
regarded as in derogation of any powers now existing; provided,
however, that the issuance of revenue bonds or revenue refunding
bonds under the provisions of this article need not comply with the
requirements of any other law applicable to the issuance of bonds.
Added by Laws 1971, c. 281, § 23-123, eff. July 2, 1971.
§70-23-124. Article to be liberally construed.
This article being necessary for the advancement of education and
the welfare of the state and its inhabitants shall be liberally
construed to effect the purposes thereof; provided that until
specifically authorized by the Legislature the provisions of this
article shall not be utilized in any other manner.
Added by Laws 1971, c. 281, § 23-124, eff. July 2, 1971.
§70-23-125. Public Employees Retirement System - Membership in.
The Oklahoma Educational Television Authority employees shall be
enrolled in the Oklahoma Public Employees Retirement System with full
benefits and rights.
Laws 1975, c. 300, § 5, emerg. eff. June 7, 1975.
§70-23-126. Purchase of television programs.
Purchases made by the Oklahoma Educational Television Authority
from sources other than state-appropriated funds for the acquisition
of television programs shall be excluded from the provisions of
Section 85.7 of Title 74 of the Oklahoma Statutes. The said
Authority is hereby authorized to make such purchases against special
authorization orders submitted to, approved and encumbered by, the
Director of the Office of Management and Enterprise Services.
Contracts for the purchase of television programs entered into by the
Oklahoma Educational Television Authority and charged against a
special authorization order as herein provided shall be maintained as
a permanent record of the Authority for a period of not less than
three (3) years after liquidation of the contract.
*+,-11'121#+,, .;
Added by Laws 1979, c. 211, § 4, emerg. eff. May 30, 1979. Amended
by Laws 2012, c. 304, § 613.
§70-24. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-24-100. Renumbered as § 24-100.5 of this title by Laws 2002, c.
149, § 5, eff. Nov. 1, 2002.
§70-24-100.1. Prevention of violence services.
A. It is the intent of the Legislature to encourage and assist
the public schools of this state to address school violence through
an emphasis on prevention. Preventative services shall be encouraged
through greater access to mental health counseling and social
services for students. In order to make licensed professional
counselors and licensed social workers more available and accessible
on site, school districts may:
1. Contract with and allocate space for nonprofit agencies or
other community-based service providers for the appropriate personnel
and services;
2. Seek any available funding, including the use of Medicaid
funds for students who are Medicaid eligible through targeted case
management, and any other funding which may be available for related
services; and
3. Encourage the State Board of Education to allow for the use
of licensed professional counselors and licensed social workers in
addition to academic counselors.
Added by Laws 2000, c. 34, § 1, eff. July 1, 2000.
§70-24-100.2. Short title - School Safety and Bullying Prevention
Act.
Sections 24-100.2 through 24-100.5 of this title shall be known
and may be cited as the "School Safety and Bullying Prevention Act".
Added by Laws 2002, c. 149, § 1, eff. Nov. 1, 2002. Amended by Laws
2013, c. 311, § 1.
§70-24-100.3. School Safety and Bullying Prevention Act -
Definitions.
A. As used in the School Safety and Bullying Prevention Act:
1. "Bullying" means any pattern of harassment, intimidation,
threatening behavior, physical acts, verbal or electronic
communication directed toward a student or group of students that
results in or is reasonably perceived as being done with the intent
to cause negative educational or physical results for the targeted
individual or group and is communicated in such a way as to disrupt
or interfere with the school's educational mission or the education
of any student;
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2. "At school" means on school grounds, in school vehicles, at
school-sponsored activities, or at school-sanctioned events;
3. "Electronic communication" means the communication of any
written, verbal, pictorial information or video content by means of
an electronic device, including, but not limited to, a telephone, a
mobile or cellular telephone or other wireless telecommunication
device, or a computer; and
4. "Threatening behavior" means any pattern of behavior or
isolated action, whether or not it is directed at another person,
that a reasonable person would believe indicates potential for future
harm to students, school personnel, or school property.
B. Nothing in this act shall be construed to impose a specific
liability on any school district.
Added by Laws 2002, c. 149, § 2, eff. Nov. 1, 2002. Amended by Laws
2008, c. 216, § 5, eff. Nov. 1, 2008; Laws 2013, c. 311, § 2.
§70-24-100.4. School Safety and Bullying Prevention Act - Discipline
of child - Prohibition of bullying at school and online – Policy
requirements
A. Each district board of education shall adopt a policy for the
discipline of all children attending public school in that district,
and for the investigation of reported incidents of bullying. The
policy shall provide options for the discipline of the students and
shall define standards of conduct to which students are expected to
conform. The policy shall:
1. Specifically address bullying by students at school and by
electronic communication, if the communication is specifically
directed at students or school personnel and concerns bullying at
school;
2. Contain a procedure for reporting an act of bullying to a
school official or law enforcement agency, including a provision that
permits a person to report an act anonymously. No formal
disciplinary action shall be taken solely on the basis of an
anonymous report;
3. Contain a requirement that any school employee that has
reliable information that would lead a reasonable person to suspect
that a person is a target of bullying shall immediately report it to
the principal or a designee of the principal;
4. Contain a statement of how the policy is to be publicized
including a requirement that:
a. an annual written notice of the policy be provided to
parents, guardians, staff, volunteers and students,
with age-appropriate language for students,
b. notice of the policy be posted at various locations
within each school site, including but not limited to
cafeterias, school bulletin boards, and administration
offices,
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c. the policy be posted on the Internet website for the
school district and each school site that has an
Internet website, and
d. the policy be included in all student and employee
handbooks;
5. Require that appropriate school district personnel involved
in investigating reports of bullying make a determination regarding
whether the conduct is actually occurring;
6. Contain a procedure for providing timely notification to the
parents or guardians of a victim of documented and verified bullying
and to the parents or guardians of the perpetrator of the documented
and verified bullying;
7. Identify by job title the school official responsible for
enforcing the policy;
8. Contain procedures for reporting to law enforcement all
documented and verified acts of bullying which may constitute
criminal activity or reasonably have the potential to endanger school
safety;
9. Require annual training for administrators and school
employees as developed and provided by the State Department of
Education in preventing, identifying, responding to and reporting
incidents of bullying;
10. Provide for an educational program as designed and developed
by the State Department of Education and in consultation with the
Office of Juvenile Affairs for students and parents in preventing,
identifying, responding to and reporting incidents of bullying;
11. Establish a procedure for referral of a person who commits
an act of bullying to a delinquency prevention and diversion program
administered by the Office of Juvenile Affairs;
12. Address prevention by providing:
a. consequences and remedial action for a person who
commits an act of bullying,
b. consequences and remedial action for a student found to
have falsely accused another as a means of retaliation,
reprisal or as a means of bullying, and
c. a strategy for providing counseling or referral to
appropriate services, including guidance, academic
intervention, and other protection for students, both
targets and perpetrators, and family members affected
by bullying, as necessary;
13. Establish a procedure for:
a. the investigation, determination and documentation of
all incidents of bullying reported to school officials,
b. identifying the principal or a designee of the
principal as the person responsible for investigating
incidents of bullying,
c. reporting the number of incidents of bullying, and
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d. determining the severity of the incidents and their
potential to result in future violence;
14. Establish a procedure whereby, upon completing an
investigation of bullying, a school may recommend that available
community mental health care, substance abuse or other counseling
options be provided to the student, if appropriate; and
15. Establish a procedure whereby a school may request the
disclosure of any information concerning students who have received
mental health, substance abuse, or other care pursuant to paragraph
14 of this subsection that indicates an explicit threat to the safety
of students or school personnel, provided the disclosure of the
information does not violate the requirements and provisions of the
Family Educational Rights and Privacy Act of 1974, the Health
Insurance Portability and Accountability Act of 1996, Section 2503 of
Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of the
Oklahoma Statutes, or any other state or federal laws regarding the
disclosure of confidential information.
B. In developing the policy, the district board of education
shall make an effort to involve the teachers, parents,
administrators, school staff, school volunteers, community
representatives, local law enforcement agencies and students. The
students, teachers, and parents or guardian of every child residing
within a school district shall be notified by the district board of
education of its adoption of the policy and shall receive a copy upon
request. The school district policy shall be implemented in a manner
that is ongoing throughout the school year and is integrated with
other violence prevention efforts.
C. The teacher of a child attending a public school shall have
the same right as a parent or guardian to control and discipline such
child according to district policies during the time the child is in
attendance or in transit to or from the school or any other school
function authorized by the school district or classroom presided over
by the teacher.
D. Except concerning students on individualized education plans
(IEP) pursuant to the Individuals with Disabilities Education Act
(IDEA), P.L. No. 101-476, the State Board of Education shall not have
authority to prescribe student disciplinary policies for school
districts or to proscribe corporal punishment in the public schools.
The State Board of Education shall not have authority to require
school districts to file student disciplinary action reports more
often than once each year and shall not use disciplinary action
reports in determining a school district's or school site's
eligibility for program assistance including competitive grants.
E. The board of education of each school district in this state
shall have the option of adopting a dress code for students enrolled
in the school district. The board of education of a school district
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shall also have the option of adopting a dress code which includes
school uniforms.
F. The board of education of each school district in this state
shall have the option of adopting a procedure that requires students
to perform campus-site service for violating the district's policy.
G. The State Board of Education shall:
1. Promulgate rules for periodically monitoring school districts
for compliance with this section and providing sanctions for
noncompliance with this section;
2. Establish and maintain a central repository for the
collection of information regarding documented and verified incidents
of bullying; and
3. Publish a report annually on the State Department of
Education website regarding the number of documented and verified
incidents of bullying in the public schools in the state.
Added by Laws 1971, c. 281, § 6-114, eff. July 2, 1971. Amended by
Laws 1982, c. 326, § 2; Laws 1985, c. 329, § 13, emerg. eff. July 30,
1985; Laws 1995, c. 241, § 2, eff. July 1, 1995; Laws 1999, c. 320, §
34, eff. July 1, 1999; Laws 2000, c. 232, § 11, eff. July 1, 2000;
Laws 2002, c. 149, § 3, eff. Nov. 1, 2002. Renumbered from § 6-114
of this title by Laws 2002, c. 149, § 5, eff. Nov. 1, 2002. Amended
by Laws 2008, c. 216, § 6, eff. Nov. 1, 2008; Laws 2013, c. 311, § 3;
Laws 2014, c. 345, § 2, eff. Nov. 1, 2014; Laws 2016, c. 277, § 1.
§70-24-100.5. Safe School Committees – Model policy.
A. Every year each public school site shall establish a Safe
School Committee to be composed of at least seven (7) members. The
Safe School Committee shall be composed of teachers, parents of
enrolled students, students, and a school official who participates
in the investigation of reports of bullying as required by subsection
A of Section 24-100.4 of this title. The Committee may include
administrators, school staff, school volunteers, community
representatives, and local law enforcement agencies. The Committee
shall assist the school board in promoting a positive school climate
through planning, implementing and evaluating effective prevention,
readiness and response strategies, including the policy required by
Section 24-100.4 of this title.
B. The Safe School Committee shall study and make
recommendations to the principal regarding:
1. Unsafe conditions, possible strategies for students, faculty
and staff to avoid physical and emotional harm at school, student
victimization, crime prevention, school violence, and other issues
which prohibit the maintenance of a safe school;
2. Student bullying as defined in Section 24-100.3 of this
title;
3. Professional development needs of faculty and staff to
recognize and implement methods to decrease student bullying;
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4. Methods to encourage the involvement of the community and
students, the development of individual relationships between
students and school staff, and use of problem-solving teams and
resources that include counselors and other behavioral health and
suicide prevention resources within or outside the school system; and
5. Professional development needs of faculty and staff to
recognize and report suspected human trafficking.
In its considerations, the Safe School Committee shall review the
district policy for the prevention of bullying and the list of
research-based programs appropriate for the prevention of bullying of
students at school compiled by the State Department of Education. In
addition, the Committee may review traditional and accepted bullying
prevention programs utilized by other states, state agencies, or
school districts.
C. The Safe School Committee may study and make recommendations
to the school district board of education regarding the development
of a rape or sexual assault response program that may be implemented
at the school site.
D. The State Department of Education shall:
1. Develop a model policy and deliver training materials to all
school districts on the components that should be included in a
school district policy for the prevention of bullying; and
2. Compile and distribute to each public school site,
prominently display on the State Department of Education website and
annually publicize in print media a list of research-based programs
appropriate for the prevention of bullying of students. If a school
district implements a commercial bullying prevention program, it
shall use a program listed by the State Department of Education.
E. The provisions of this section shall not apply to technology
center schools.
Added by Laws 1996, c. 252, § 1, eff. July 1, 1996. Amended by Laws
2001, c. 33, § 120, eff. July 1, 2001; Laws 2002, c. 149, § 4, eff.
Nov. 1, 2002. Renumbered from § 24-100 of this title by Laws 2002,
c. 149, § 5, eff. Nov. 1, 2002. Amended by Laws 2008, c. 216, § 7,
eff. Nov. 1, 2008; Laws 2013, c. 311, § 4; Laws 2015, c. 246, § 2,
eff. Nov. 1, 2015; Laws 2019, c. 285, § 1, eff. July 1, 2019.
§70-24-100.6. Right of student victims to be separated from offender
- Notice to school district of juvenile sex offender identity -
School attendance of juvenile sex offender.
A. Students who have been victims of certain felony offenses by
other students, as well as the siblings of the student victims, have
the right to be kept separated from the student offender both at
school and during school transportation.
B. Notwithstanding any provision of law prohibiting the
disclosure of the identity of a minor, within thirty (30) days of the
time of the adjudication or withholding of adjudication of any
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juvenile offender for any offense subject to the Juvenile Sex
Offender Registration Act, either the juvenile bureau in counties
which have juvenile bureaus or the Office of Juvenile Affairs in all
other counties shall notify the superintendent of the school district
in which the juvenile offender is enrolled or intends to enroll of
the adjudication and the offense for which the child was adjudicated.
Upon receipt of such notice, the school district shall notify the
victim and parent or guardian of the victim of their right to request
to be separated from the offender at school and during school
transportation. If the victim requests to be separated from the
offender, the school district shall take appropriate action to
effectuate the provisions of subsection C of this section. The
decision of the victim shall be final and not reversible.
C. Any offender described in subsection B of this section shall,
upon the request of the victim, not attend any school attended by the
victim or a sibling of the victim or ride on a school bus on which
the victim or a sibling of the victim is riding. The offender shall
be permitted by the school district to attend another school within
the district in which the offender resides, provided the other school
is not attended by the victim or sibling of the victim. If the
offender is unable to attend another school in the district in which
the offender resides, the offender shall transfer to another school
district pursuant to the provisions of the Education Open Transfer
Act.
D. The offender or the parents of the offender, if the offender
is a juvenile, shall be responsible for arranging and paying for
transportation and any other cost associated with or required for the
offender to attend another school or that is required as a
consequence of the prohibition against attending a school or riding
on a school bus on which the victim or a sibling of the victim is
attending or riding. However, the offender or the parents of the
offender shall not be charged for existing modes of transportation
that can be used by the offender at no additional cost to the school
district.
Added by Laws 2007, c. 164, § 1, eff. July 1, 2007.
§70-24-100.7. Suicide awareness and drug abuse policies – Immunity
from employment discipline and civil liability – Cause of action
limitations – Duty to notify parents or legal guardians.
A. The board of education of each school district in this state
may adopt a policy regarding suicide awareness and training and the
reporting of student drug abuse.
B. The board of education of each school district in this state
may provide schoolwide training to all students in grades seven
through twelve and staff addressing suicide awareness and prevention.
The Department of Mental Health and Substance Abuse Services shall
develop and make available to school districts curriculum which
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addresses suicide awareness and prevention, without cost to the
school districts. The course outline for the curriculum shall be
made available to the public online through the school district
website. Beginning with the 2014-2015 school year, every school
district may:
1. Provide a suicide prevention training program which includes
as a core element research-based approaches and that is developed by
the school district;
2. Provide the curriculum made available by the Department of
Mental Health and Substance Abuse Services; or
3. Provide a suicide prevention training program that is
selected by the school district from a list maintained by the
Department of Mental Health and Substance Abuse Services to students
and school district staff that addresses suicide awareness and
prevention. The training program may be combined with any other
training provided by the school district addressing bullying
prevention.
C. Teachers, counselors, principals, administrators and other
school personnel shall be immune from employment discipline and any
civil liability for:
1. Calling the 911 emergency telephone number, law enforcement
or the Department of Human Services if they believe a student poses a
threat to themselves or others or if a student has committed or been
the victim of a violent act or threat of a violent act;
2. Providing referral, emergency medical care or other
assistance offered in good faith to a student or other youth; or
3. Communicating information in good faith concerning drug or
alcohol abuse or a potential safety threat by or to any student to
the parents or legal guardians of the student, law enforcement
officers or health care providers.
D. No person shall have a cause of action for any loss or damage
caused by any act or omission resulting from the implementation of
this section or resulting from any training, or lack thereof,
required by this section, unless the loss or damage was caused by
willful or wanton misconduct.
E. The training required pursuant to this section, or the lack
thereof, shall not be construed to impose any specific duty of care.
F. School districts may enter into agreements with designated
Youth Services Agencies for the provision of intervention and
prevention services.
G. Teachers, counselors, principals, administrators, or other
school personnel, upon determining that a student is at risk of
attempting suicide, shall notify the parents or legal guardians of
the student immediately upon determining that such risk exists.
Added by Laws 2014, c. 333, § 1, emerg. eff. May 28, 2014.
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§70-24-100.8. Duty for school officers and employees to notify law
enforcement of verbal threats or threatening behavior – Immunity from
discipline and liability.
A. As used in this section, "threatening behavior" means any
verbal threat or threatening behavior, whether or not it is directed
at another person, which indicates potential for future harm to
students, school personnel or school property.
B. An officer or employee of a school district or member of a
board of education shall notify law enforcement of any verbal threat
or act of threatening behavior which reasonably may have the
potential to endanger students, school personnel or school property.
C. Officers or employees of a school district or members of a
board of education shall be immune from employment discipline and any
civil liability for communicating information pursuant to subsection
B of this section in good faith if they reasonably believe a person
is making verbal threats or is exhibiting threatening behavior.
D. Nothing in this section shall be construed to impose a
specific liability on any school district.
Added by Laws 2018, c. 323, § 1, eff. July 1, 2018.
§70-24-100a. Healthy and Fit Kids Act of 2004 - Short title.
A. This act shall be known and may be cited as the “Healthy and
Fit Kids Act of 2004”.
B. Beginning September 1, 2004, each public school shall
establish a Healthy and Fit School Advisory Committee, to be composed
of at least six members. The Advisory Committee may be composed of
teachers, administrators, parents of students, health care
professionals and business community representatives.
A public school may combine the Healthy and Fit School Advisory
Committee with its Safe School Committee, established pursuant to
Section 24-100.5 of this title.
C. Each Healthy and Fit School Advisory Committee shall study
and make recommendations to the school principal regarding:
1. Health education;
2. Physical education and physical activity; and
3. Nutrition and health services.
D. The principal shall give consideration to recommendations of
the committee.
E. The State Board of Education shall adopt rules for monitoring
compliance with this section and is authorized to report a school as
deficient on the accreditation report for noncompliance with the
provisions of this section.
Added by Laws 2004, c. 357, § 1, eff. Sept. 1, 2004. Amended by Laws
2005, c. 45, § 2, eff. July 1, 2007.
§70-24-100b. Health and wellness information and assistance for
schools - Assessment and monitoring of programs.
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A. In order to assist the Healthy and Fit School Advisory
Committees created pursuant to Section 24-100a of Title 70 of the
Oklahoma Statutes, the State Department of Education in consultation
with the State Department of Health shall make available to schools
information and technical assistance for use in:
1. Establishing healthy school nutrition environments;
2. Reducing childhood obesity;
3. Development of quality physical education and activity
programs;
4. Prevention of diet-related chronic diseases; and
5. Establishing, implementing, and evaluating school wellness
policies.
B. The Healthy and Fit School Advisory Committees are encouraged
to utilize the School Health Index available on the Centers for
Disease Control and Prevention website or the Oklahoma Healthy and
Fit Schools Scorecard available on the Governor’s Council on Physical
Fitness and Sports website as a program assessment and monitoring
instrument.
C. The Healthy and Fit School Advisory Committees shall be
involved in the monitoring, implementation, and evaluation of Section
5-147 of Title 70 of the Oklahoma Statutes, which limits access to
foods of minimal nutritional value.
Added by Laws 2006, c. 91, § 1, eff. Nov. 1, 2006.
§70-24-100c. Physical fitness assessment software program - Pilot
schools.
A. The State Department of Education and the State Department of
Health shall facilitate the development of a physical fitness
assessment software program customized for public schools in this
state that has the capability to track the five components of student
health-related physical fitness, including:
1. Aerobic capacity;
2. Muscular strength;
3. Muscular endurance;
4. Flexibility; and
5. A weight status assessment that includes measurement of
height and weight, calculation of body mass index (BMI) for age, and
plotting of these measures on standard growth charts.
The software program shall have the capability of creating a
confidential individual student report for parents that includes an
explanation of the data. In addition, the software program shall be
developed and made accessible to school districts at no cost.
B. The State Department of Health in consultation with the State
Department of Education and the Governor’s Council on Physical
Fitness and Sports shall select at least fifteen elementary schools
statewide to pilot the software program during the 2008-2009 school
year. Pilot schools shall assess all participating students in
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grades three, four and five. No school selected to participate in
the pilot program shall be required to utilize the software program.
No student shall be required to participate in the assessment if a
parent or guardian of the student objects in writing. The purpose of
the pilot shall be to:
1. Evaluate methods for administering the physical fitness
assessment to students;
2. Evaluate methods for reporting to parents;
3. Evaluate the software program to ensure that it provides for
the collection of data by school district in an efficient and cost-
effective manner; and
4. Evaluate the usefulness of the health-related fitness testing
manual.
Added by Laws 2008, c. 342, § 1, eff. July 1, 2008.
§70-24-100d. School Health Coordinators Pilot Program – Time period
for program – Responsibilities of health coordinators – Steering
committee – Annual evaluation - Rules.
A. Contingent on the availability of funding, the State
Department of Education shall contract with a statewide nonprofit
school health program that promotes the health needs of students to
establish a School Health Coordinators Pilot Program. The purpose of
the Pilot Program shall be to assist elementary schools and the
Healthy and Fit School Advisory Committees in elementary schools in
implementing health and wellness programs and providing health and
wellness information to students in the elementary schools. The
State Department of Education shall oversee the Pilot Program. The
Pilot Program contractor shall coordinate the Pilot Program and
provide the required support to schools to allow for participation in
the Pilot Program.
B. The Department shall conduct the Pilot Program for a period
of not less than five (5) years. The Pilot Program contractor shall
employ and provide for the salary and benefits of school health
coordinators, along with training and school support needed to
implement the Pilot Program. The number of school health
coordinators employed in years one and two of the Pilot Program shall
be contingent upon funding and other factors as determined by the
Department in conjunction with the Pilot Program contractor. By year
three of the Pilot Program, not less than six school health
coordinators shall be employed by the Pilot Program contractor with
one school health coordinator assigned to each quadrant of the state,
one assigned to the Tulsa metropolitan area, and one assigned to the
Oklahoma City metropolitan area. A Pilot Program coordinator, Pilot
Program contractor monitor, and additional school health coordinators
may be employed if funds are available. A person employed as a
school health coordinator shall at a minimum have a baccalaureate
*+,-11'121#+,, .;"$
degree in health, community health, education, physical education, or
nursing.
C. The school health coordinators shall be responsible for:
1. Facilitating the activities of and providing assistance and
expertise to the Healthy and Fit School Advisory Committees in
elementary schools;
2. Providing professional development opportunities for
teachers;
3. Providing curriculum, materials, and resources to elementary
schools for school health programs, which may include health
education, physical education, health services, nutrition services,
school climate, physical environment, health promotion and wellness,
and youth, family, and community involvement;
4. Assisting elementary schools in completing the School Health
Index;
5. Interacting with parent organizations in public schools in
order to educate parents about health and wellness issues; and
6. Conducting a public health media campaign for students and
their families.
D. The Department and the Pilot Program contractor shall form a
steering committee with representatives from the State Department of
Health and other entities interested in school health to help provide
expertise, oversight and guidance for the Pilot Program.
E. The Pilot Program contractor in partnership with an
evaluation entity shall conduct an annual evaluation of the
effectiveness and impact of the Pilot Program. A copy of the
evaluation shall be submitted to the Governor, the Speaker of the
House of Representatives, and the President Pro Tempore of the
Senate.
F. The State Board of Education shall promulgate rules necessary
to implement the provisions of this section.
Added by Laws 2008, c. 419, § 1, eff. July 1, 2008.
NOTE: Editorially renumbered from § 24-100c of this title to avoid
duplication in numbering.
§70-24-101. Repealed by Laws 1997, c. 350, § 8, eff. July 1, 1997.
§70-24-101.1. Wireless telecommunication devices - Rules
prohibiting.
The board of education of each school district shall establish
and implement rules regarding student possession of a wireless
telecommunication device while said student is on school premises, or
while in transit under the authority of the school, or while
attending any function sponsored or authorized by the school. The
rules shall provide that a student may possess a wireless
telecommunication device upon the prior consent of both a parent or
guardian and school principal or superintendent and shall also
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specify the disciplinary action a student shall face if found to be
in possession of a wireless telecommunication device in violation of
the rules.
Added by Laws 1989, c. 105, § 1, eff. Nov. 1, 1989. Amended by Laws
1997, c. 350, § 2, eff. July 1, 1997; Laws 2001, c. 206, § 1, eff.
July 1, 2001.
§70-24-101.2. Repealed by Laws 1997, c. 350, § 8, eff. July 1, 1997.
§70-24-101.3. Out-of-school suspensions.
A. Any student who is guilty of an act described in paragraph 1
of subsection C of this section may be suspended out-of-school in
accordance with the provisions of this section. Each school district
board of education shall adopt a policy with procedures which
provides for out-of-school suspension of students. The policy shall
address the term of the out-of-school suspension, provide an appeals
process as described in subsection B of this section, and provide
that before a student is suspended out-of-school, the school or
district administration shall consider and apply, if appropriate,
alternative in-school placement options that are not to be considered
suspension, such as placement in an alternative school setting,
reassignment to another classroom, or in-school detention. The
policy shall address education for students subject to the provisions
of subsection D of this section and whether participation in
extracurricular activities shall be permitted.
B. 1. Students suspended out-of-school for ten (10) or fewer
days shall have the right to appeal the decision of the
administration as provided in the policy required in subsection A of
this section. The policy shall specify whether appeals for short-
term suspensions as provided in this subsection shall be to a local
committee composed of district administrators or teachers or both, or
to the district board of education. Upon full investigation of the
matter, the committee or board shall determine the guilt or innocence
of the student and the reasonableness of the term of the out-of-
school suspension. If the policy requires appeals for short-term
suspensions to a committee, the policy adopted by the board may, but
is not required to, provide for appeal of the committee's decision to
the board.
2. Students suspended out-of-school for more than ten (10) days
and students suspended pursuant to the provisions of paragraph 2 of
subsection C of this section may request a review of the suspension
with the administration of the district. If the administration does
not withdraw the suspension, the student shall have the right to
appeal the decision of the administration to the district board of
education. Except as otherwise provided for in paragraph 2 of
subsection C of this section, no out-of-school suspension shall
extend beyond the current semester and the succeeding semester. Upon
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full investigation of the matter, the board shall determine the guilt
or innocence of the student and the reasonableness of the term of the
out-of-school suspension. A board of education may conduct the
hearing and render the final decision or may appoint a hearing
officer to conduct the hearing and render the final decision. The
decision of the district board of education or the hearing officer,
if applicable, shall be final.
C. 1. Students who are guilty of any of the following acts may
be suspended out-of-school by the administration of the school or
district:
a. violation of a school regulation,
b. possession of an intoxicating beverage, low-point beer,
as defined by Section 163.2 of Title 37 of the Oklahoma
Statutes, or missing or stolen property if the property
is reasonably suspected to have been taken from a
student, a school employee, or the school during school
activities, and
c. possession of a dangerous weapon or a controlled
dangerous substance while on or within two thousand
(2,000) feet of public school property, or at a school
event, as defined in the Uniform Controlled Dangerous
Substances Act. Possession of a firearm shall result
in out-of-school suspension as provided in paragraph 2
of this subsection.
2. Any student found in possession of a firearm while on any
public school property or while in any school bus or other vehicle
used by a public school for transportation of students or teachers
shall be suspended out-of-school for a period of not less than one
(1) year, to be determined by the district board of education
pursuant to the provisions of this section. The term of the
suspension may be modified by the district superintendent on a case-
by-case basis. For purposes of this paragraph the term "firearm"
shall mean and include all weapons as defined by 18 U.S.C., Section
921.
3. Any student in grades six through twelve found to have
assaulted, attempted to cause physical bodily injury, or acted in a
manner that could reasonably cause bodily injury to a school employee
or a person volunteering for a school as prohibited pursuant to
Section 6-146 of this title shall be suspended for the remainder of
the current semester and the next consecutive semester, to be
determined by the board of education pursuant to the provisions of
this section. The term of the suspension may be modified by the
district superintendent on a case-by-case basis.
D. At its discretion a school district may provide an education
plan for students suspended out-of-school for five (5) or fewer days
pursuant to the provisions of this subsection. The following
provisions shall apply to students who are suspended out-of-school
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for more than five (5) days and who are guilty of acts listed in
subparagraphs a and b of paragraph 1 of subsection C of this section.
Upon the out-of-school suspension, the parent or guardian of a
student suspended out-of-school pursuant to the provisions of this
subsection shall be responsible for the provision of a supervised,
structured environment in which the parent or guardian shall place
the student and bear responsibility for monitoring the student's
educational progress until the student is readmitted into school.
The school administration shall provide the student with an education
plan designed for the eventual reintegration of the student into
school which provides only for the core units in which the student is
enrolled. A copy of the education plan shall also be provided to the
student's parent or guardian. For the purposes of this section, the
core units shall consist of the minimum English, mathematics,
science, social studies and art units required by the State Board of
Education for grade completion in grades kindergarten through eight
and for high school graduation in grades nine through twelve. The
plan shall set out the procedure for education and shall address
academic credit for work satisfactorily completed.
E. A student who has been suspended out-of-school from a public
or private school in the State of Oklahoma or another state for a
violent act or an act showing deliberate or reckless disregard for
the health or safety of faculty or other students shall not be
entitled to enroll in a public school of this state, and no public
school shall be required to enroll the student, until the terms of
the suspension have been met or the time of suspension has expired.
F. 1. No public school of this state shall be required to
provide education services in the regular school setting to any
student who has been:
a. adjudicated as a delinquent for an offense defined as a
violent crime in Section 571 of Title 57 of the
Oklahoma Statutes,
b. convicted as an adult of an offense defined as a
violent crime in Section 571 of Title 57 of the
Oklahoma Statutes,
c. who has been removed from a public or private school in
the State of Oklahoma or another state by
administrative or judicial process for a violent act or
an act showing deliberate or reckless disregard for the
health or safety of faculty or other students,
d. suspended as provided for in paragraph 3 of subsection
C of this section, or
e. has been removed from a public or private school in the
state or another state by administrative or judicial
process for an act of using electronic communication,
as defined in Section 24-100.3 of this title, with
intent to terrify, intimidate or harass, or threaten to
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inflict injury or physical harm to faculty or other
students.
2. The school in which a student as described in paragraph 1 of
this subsection is subsequently enrolled may elect to not provide
education services in the regular school setting until the school
determines that the student no longer poses a threat to self, other
students or school district faculty or employees. Until the school
in which such student subsequently enrolls or re-enrolls determines
that the student no longer poses a threat to self, other students or
school district faculty or employees, the school may provide
education services through an alternative school setting, home-based
instruction, or other appropriate setting. If the school provides
education services to the student at a district school facility, the
school shall notify any student or school district faculty or
employee victims of the student, when known, and shall ensure that
the student will not be allowed in the general vicinity of or contact
with a victim of the student, provided the victim notifies the school
of the victim's desire to refrain from contact with the offending
student.
G. Students suspended out-of-school who are on an individualized
education plan pursuant to the Individuals with Disabilities
Education Act, P.L. No. 101-476, or who are subject to the provisions
of subsection F of this section and who are on an individualized
education plan shall be provided the education and related services
in accordance with the student's individualized education plan.
H. A student who has been suspended for a violent offense which
is directed towards a classroom teacher shall not be allowed to
return to that teacher's classroom without the approval of that
teacher.
I. At its discretion, a school district may require a student
guilty of acts listed in subparagraph a or b of paragraph 1 of
subsection C of this section to complete intervention and prevention
programs as provided by designated Youth Service Agencies, if
available.
J. No school board, administrator or teacher may be held civilly
liable for any action taken in good faith which is authorized by this
section.
Added by Laws 1997, c. 350, § 1, eff. July 1, 1997. Amended by Laws
1998, c. 154, § 1, emerg. eff. April 28, 1998; Laws 1999, c. 112, §
1, eff. July 1, 1999; Laws 2001, c. 206, § 2, eff. July 1, 2001; Laws
2003, c. 182, § 1, emerg. eff. May 6, 2003; Laws 2006, c. 210, § 2,
eff. July 1, 2006; Laws 2009, c. 228, § 84, eff. Nov. 1, 2009; Laws
2013, c. 404, § 26, eff. Nov. 1, 2013; Laws 2015, c. 397, § 6, eff.
Nov. 1, 2015; Laws 2016, c. 90, § 1, eff. July 1, 2016.
NOTE: Laws 2009, c. 98, § 11 repealed by Laws 2010, c. 2, § 87,
emerg. eff. March 3, 2010.
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§70-24-101.4. Disclosure of disciplinary and nondirectory
educational records.
A. A school district in which a student is enrolled or is in the
process of enrolling in may request the student’s education records
from any school district in which the student was formerly enrolled
to ascertain safety issues with incoming students and ensure full
disclosure. A district that receives a request for the education
records of a student who formerly was enrolled in the district shall
forward the records within three (3) business days of receipt of the
request. The records shall include the student’s disciplinary
records. Disciplinary records shall include but not be limited to
all information that relates to a student assaulting, carrying
weapons, possessing illegal drugs, including alcohol, and any
incident that poses a potential dangerous threat to students or
school personnel. The forwarding and disclosure of disciplinary
records or other education records to a school district in which a
student seeks or intends to enroll shall be in accordance with the
annual notification requirements and provisions of the Family
Educational Rights and Privacy Act of 1974 (FERPA).
B. Each school district shall be required to release
nondirectory educational records to the agencies listed in Section
620.3 of Title 10 of the Oklahoma Statutes. The release of any
records shall be in accordance with the provisions of FERPA. The
term "nondirectory educational records" shall be those records
maintained by the school regarding a child who is or has been a
student at the school which are categorized as private or
confidential records pursuant to FERPA.
C. The State Board of Education shall promulgate rules for
monitoring school districts for compliance with this section and
providing sanctions for noncompliance with this section. The Board
shall inform school districts of their statutory responsibilities for
compliance with FERPA. Enforcement and sanctions shall be as
provided by the federal requirements under FERPA.
Added by Laws 1997, c. 350, § 4, eff. July 1, 1997. Amended by Laws
1999, c. 102, § 1, eff. July 1, 1999; Laws 2000, c. 186, § 1, eff.
July 1, 2000.
§70-24-102. Pupils - Searches.
The superintendent, principal, teacher, or security personnel of
any public school in the State of Oklahoma, upon reasonable
suspicion, shall have the authority to detain and search or authorize
the search, of any pupil or property in the possession of the pupil
when said pupil is on any school premises, or while in transit under
the authority of the school, or while attending any function
sponsored or authorized by the school, for dangerous weapons,
controlled dangerous substances, as defined in the Uniform Controlled
Dangerous Substances Act, intoxicating beverages, low-point beer, as
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defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or for
missing or stolen property if said property be reasonably suspected
to have been taken from a pupil, a school employee or the school
during school activities. The search shall be conducted by a person
of the same sex as the person being searched and shall be witnessed
by at least one other authorized person, said person to be of the
same sex if practicable.
The extent of any search conducted pursuant to this section shall
be reasonably related to the objective of the search and not
excessively intrusive in light of the age and sex of the student and
the nature of the infraction. In no event shall a strip search of a
student be allowed. No student's clothing, except cold weather
outerwear, shall be removed prior to or during the conduct of any
warrantless search.
The superintendent, principal, teacher, or security personnel
searching or authorizing the search shall have authority to detain
the pupil to be searched and to preserve any dangerous weapons,
controlled dangerous substances, intoxicating beverages, low-point
beer, or missing or stolen property that might be in the pupil's
possession including the authority to authorize any other persons
they deem necessary to restrain such pupil or to preserve any
dangerous weapons, controlled dangerous substances, intoxicating
beverages, low-point beer, or missing or stolen property. Students
found to be in possession of such an item shall be subject to the
provisions of Section 24-101.3 of this title.
Pupils shall not have any reasonable expectation of privacy
towards school administrators or teachers in the contents of a school
locker, desk, or other school property. School personnel shall have
access to school lockers, desks, and other school property in order
to properly supervise the welfare of pupils. School lockers, desks,
and other areas of school facilities may be opened and examined by
school officials at any time and no reason shall be necessary for
such search. Schools shall inform pupils in the student discipline
code that they have no reasonable expectation of privacy rights
towards school officials in school lockers, desks, or other school
property.
Added by Laws 1971, c. 281, § 24-102, eff. July 2, 1971. Amended by
Laws 1973, c. 118, § 2, emerg. eff. May 4, 1973; Laws 1987, c. 115, §
1, eff. Nov. 1, 1987; Laws 1989, c. 105, § 2, eff. Nov. 1, 1989; Laws
1995, c. 274, § 53, eff. Nov. 1, 1995; Laws 1997, c. 350, § 3, eff.
July 1, 1997; Laws 2001, c. 206, § 3, eff. July 1, 2001.
§70-24-103. Bribes in connection with school bonds and school
supplies.
It is hereby declared to be unlawful for any officer or employee
of the State Board of Education, member of a board of education or
employee thereof, to solicit, take, retain, or receive any money,
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property or thing of value in the nature of commissions or otherwise
for the purchase or sale of school bonds, or for the purchase of any
furniture or supplies, and the soliciting, taking, retaining or
receiving of any such money or other thing of value is hereby
declared to be a misdemeanor.
Laws 1971, c. 281, § 24-103, eff. July 2, 1971; Laws 1993, c. 239, §
48, eff. July 1, 1993.
§70-24-104. Payment or tender of money or property - Unlawful when.
It is hereby declared to be unlawful and a misdemeanor for any
person, corporation or individual to offer, tender to pay or deliver
to any such officer or employee of the State Board of Education,
member of a board of education or employee thereof, any such
property, money or other thing of value in any way connected with the
issuing of school bonds or the purchase of furniture or supplies,
whether the same be denominated commission or otherwise.
Laws 1971, c. 281, § 24-104, eff. July 2, 1971; Laws 1993, c. 239, §
49, eff. July 1, 1993.
§70-24-104.1. Soliciting, taking, retaining or receiving mental
health referral fee.
It shall be unlawful for any school counselor, teacher, any other
school employee, school board member, or Department of Human Services
employee to solicit, take, retain, or receive any money, property, or
thing of value in the nature of a fee or otherwise from a mental
health care provider or facility or any employee thereof for
directing or referring students to that provider or facility for
treatment. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor.
Added by Laws 1992, c. 41, § 1, eff. Sept. 1, 1992.
§70-24-104.2. Offering, tendering to pay or delivering mental health
referral fee.
It shall be unlawful for any mental health care provider or
facility or any employee thereof to offer, tender to pay or deliver
to any school counselor, teacher, any other school employee, school
board member, or Department of Human Services employee any money,
property, or thing of value in the nature of a fee or otherwise for
directing or referring a student to that provider or facility for
treatment. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor.
Added by Laws 1992, c. 41, § 2, eff. Sept. 1, 1992.
§70-24-105. Student clubs and organizations – Regulation -
Notifications.
A. The board of education of each school district shall have
full power and authority to regulate, control or prohibit any
*+,-11'121#+,, .;
fraternity, sorority, secret society, club or group composed in whole
or in part of students enrolled in the school district if it deems it
advisable and in the best interest of the school program to do so.
B. Each board of education shall adopt policies and procedures
to annually notify parents or guardians of students about clubs and
organizations sponsored by or under the direction and control of the
school. The annual notification about clubs and organizations shall
be by means of the student handbook and by posting on the Internet
website for the school district or if the school district does not
have an Internet website by another appropriate method. The annual
notification shall include, but is not limited to, the following
information about each club or organization:
1. Name;
2. Mission or purpose; and
3. Name of the faculty advisor, if known.
C. If clubs or organizations are created or formed after the
annual notification is distributed, the school district shall send
additional notification to the parents or guardians containing
information about the additional clubs or organizations consistent
with the requirements set forth in subsection B of this section.
D. The policy adopted by each board of education shall provide
parents or guardians of students with an opportunity to notify school
administration that the parent or guardian is withholding permission
for a student to join or participate in one or more clubs or
organizations. The policy shall only apply to participation in clubs
and organizations that are extracurricular and shall not apply to
participation in clubs and organizations that are necessary for a
required class of instruction. Parents or guardians shall be
responsible for preventing their student from participating in a club
or organization in which permission is withheld. Parents or
guardians shall also be responsible for retrieving their student from
attendance at a club or organization in which permission is withheld.
Nothing in this subsection shall prevent a club or organization from
meeting when a student who is not authorized to be in the club or
organization is present at such meeting.
E. For purposes of this section:
1. “Clubs and organizations” means a club or organization
comprised of students that is organized and meets for common goals,
objectives, or purposes, and that is directly under the sponsorship,
direction, and control of the school; and
2. “Competitive interscholastic activity or event” means
activities held under the auspices or sponsorship of a school
district that involves students enrolled in that school district
competing against individuals or groups of students representing
other school districts.
Added by Laws 1971, c. 281, § 24-105, eff. July 2, 1971. Amended by
Laws 2009, c. 118, § 1, eff. Nov. 1, 2009.
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§70-24-106. United States flag – Display - Instruction in history
and etiquette - Pledge of allegiance.
A. The board of education of every school district in this state
shall be required to own and display, either inside or outside each
classroom building in the district, a United States Flag.
B. Instruction in the history and etiquette relating to the
United States Flag shall be given in one or more grades in the
schools in every school district in this state.
C. Students in all public schools are authorized to recite, at
the beginning of each school day, the pledge of allegiance to the
flag of the United States of America as enumerated at 36 U.S.C.,
Section 172; however, they shall recite the pledge of allegiance to
the flag of the United States of America once every school week.
Each student shall be informed by posting a notice in a conspicuous
place that students not wishing to participate in the pledge shall
not be required to do so.
Added by Laws 1971, c. 281, § 24-106, eff. July 2, 1971. Amended by
Laws 2001, c. 250, § 2, eff. July 1, 2001; Laws 2014, c. 225, § 1,
eff. July 1, 2014.
§70-24-106.1. Classroom display – Motto of the United States of
America – Classroom use of founding documents.
A. Principals and teachers in each public school in this state
may display in each classroom, school auditorium, and school
cafeteria under their supervision the following motto of the United
States of America: “E PLURIBUS UNUM (Out of Many One)” and "IN GOD
WE TRUST". For purposes of this subsection, "classroom" means any
room of a public school where instruction takes place.
B. Each school district in the state shall permit a principal or
teacher to utilize in a public school building, classroom, or at any
public school event any grade-level-appropriate excerpts or portions
of the documents, writings, speeches, proclamations, or records
relating to the history, heritage, or foundation of the United States
or the State of Oklahoma including, but not limited to, the:
1. Mayflower Compact;
2. Declaration of Independence;
3. Constitutions of the United States and the State of Oklahoma;
4. Federalist Papers;
5. Pledge of Allegiance;
6. National anthem;
7. Presidential records and speeches;
8. Acts and published records of Congress; and
9. United States Supreme Court decisions and records.
C. School districts shall not limit or restrain instruction in
American or Oklahoma state history or heritage based on religious
references in documents, writings, speeches, proclamations, or the
*+,-11'121#+,, .;$
materials described in subsection B of this section. These and any
other materials shall be used for educational purposes only and not
to establish or promote any religion.
Added by Laws 2004, c. 197, § 4, eff. July 1, 2004. Amended by Laws
2009, c. 100, § 1, eff. July 1, 2009.
§70-24-107. Arbor Day.
The Friday following the second Monday in February of each year
shall be known throughout Oklahoma as Arbor Day.
Added by Laws 1971, c. 281, § 24-107, eff. July 2, 1971.
§70-24-108. Repealed by Laws 2004, c. 361, § 34, eff. July 1, 2004.
§70-24-109. Oklahoma Statehood Day - November 16.
The date of November 16 of each year is hereby designated
"Oklahoma Statehood Day" in and for the public schools of this state.
Any year in which the date of November 16 is a Saturday or Sunday the
public schools of this state shall observe the next succeeding school
day as "Oklahoma Statehood Day," as provided herein.
Added by Laws 1971, c. 281, § 24-109, eff. July 2, 1971.
§70-24-110. Oklahoma Statehood Day - Program for.
The several school boards of this state and the superintendents,
principals, and other school officials may on "Oklahoma Statehood
Day" plan and conduct programs commemorating Oklahoma history and the
achievements of Oklahoma from an historical viewpoint and may in
other appropriate manner conduct a program or programs for the
purpose of teaching and inspiring the school children of our state in
the appreciation of the rich Oklahoma heritage and the achievements
of the sons and daughters of Oklahoma in peace and war.
Amended by Laws 1982, c. 326, § 4.
§70-24-111. Repealed by Laws 2007, c. 83, § 2, eff. July 1, 2007.
§70-24-112. Repealed by Laws 2007, c. 83, § 2, eff. July 1, 2007.
§70-24-113. Rules and regulations to be adopted by State Board of
Education.
The State Board of Education is authorized and directed to adopt
such rules and regulations as may be necessary for carrying out the
intent and purpose of Sections 24-110 and 24-112 hereof.
Added by Laws 1971, c. 281, § 24-113, eff. July 2, 1971.
§70-24-114. Student records and transcripts – Storage and disposal.
A. The board of education of each school district in Oklahoma
shall compile and maintain both temporary and permanent records of
students enrolled in the district and regulate access, disclosure or
*+,-11'121#+,, .;(
communication of information contained in the student records in a
manner consistent with state and federal law.
B. School districts may store all documents and information in
student records either electronically or in paper format, and either
in a single- or multiple-file format. Records shall be stored,
backed up and secured in accordance with standards and protocol
developed by the State Board of Education.
C. The transcript of a student shall be maintained by the school
district for not less than eighty (80) years following the
graduation, transfer or withdrawal from the district of the student.
For purposes of this subsection, "transcript" means the permanent
academic record of a student and shall include the name, address,
telephone listing and date and place of birth of the student, an
inventory of courses taken, all grades received, grade-point averages
and/or class rank, and may include all academic and extracurricular
honors and awards received, all degrees conferred and extracurricular
or after-school activities.
D. Except for the transcript records as defined in subsection C
of this section, school districts shall dispose of information in a
student record at a time selected by the district that is between
five (5) years and seven (7) years after the student has graduated,
transferred or withdrawn from the district. The State Board of
Education shall promulgate rules regarding notification to parents or
guardians of a student or the student if he or she is eighteen (18)
years of age or older of destruction of the records.
Added by Laws 1971, c. 281, § 24-114, eff. July 2, 1971. Amended by
Laws 1993, c. 239, § 50, eff. July 1, 1993; Laws 2016, c. 314, § 1,
eff. July 1, 2016; Laws 2017, c. 56, § 1, eff. July 1, 2017.
§70-24-114.1. Retention of child in present grade level - Appeal.
Whenever a teacher or teachers recommend that a student be
retained at the present grade level or not passed in a course, the
parent or guardian, if dissatisfied with the recommendation, may
appeal the decision by complying with the district's appeal process.
The decision of the board of education shall be final. The parent
may prepare a written statement to be placed in and become a part of
the permanent record of the student stating the reason(s) for
disagreeing with the decision of the board.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 66, emerg. eff. April 25,
1990. Amended by Laws 1995, c. 109, § 1, eff. July 1, 1995.
§70-24-115. Storm and fallout shelters.
In addition to other authority and powers now or hereafter
conferred upon boards of education, the board of education of each
school district is hereby authorized and empowered to construct,
equip, and maintain storm and fallout shelters independently or
jointly with other departments, offices, agencies, and all other
*+,-11'121#+,, .;
entities of federal, state, and local governments. For the purposes
of this article, said boards of education are hereby authorized and
empowered:
1. To expend funds;
2. To accept federal, state, and local governmental and private
funds as may be available;
3. To negotiate and enter into agreements, contractual and
otherwise, with such departments, offices, agencies, and other
entities of federal, state, and local governments and with private
corporations, companies, and individuals;
4. To authorize the construction of said storm and fallout
shelters on school properties; and
5. To adopt such rules and regulations governing the use of such
facilities as may be deemed necessary and proper, not inconsistent
with laws of this state or rules and regulations of the State Board
of Education.
Added by Laws 1971, c. 281, § 24-115, eff. July 2, 1971.
§70-24-116. High school diplomas - Issued on 30 hours college work.
Any person who has been admitted to any accredited college or
university may be awarded a high school diploma by the State
Department of Education within this state, provided that such person
has successfully completed at least thirty (30) hours of college work
at an accredited college or university.
Added by Laws 1971, c. 281, § 24-116, eff. July 2, 1971.
§70-24-117. Safety goggles - School board to provide for certain
personnel.
The school board of each school district in Oklahoma shall
provide safety goggles as approved by the National Safety Council for
all personnel using materials and machines that may damage the vision
of such personnel because of flying particles, intense light, severe
heat or other harmful effects.
Added by Laws 1971, c. 281, § 24-117, eff. July 2, 1971.
§70-24-118. Respirators - School board to provide for certain
teachers and students.
The school board of each school district in Oklahoma shall
provide respirators where needed in the opinion of the State Health
Department as approved by the National Safety Council in sufficient
numbers to protect teachers and students in industrial arts,
vocational training, technical training and chemistry classes using
or handling toxic materials or other substances which may cause
damage to the respiratory system and shall further direct that such
respirators be maintained in satisfactory working condition and are
located within easy access wherever such materials or substances are
used or stored.
*+,-11'121#+,, .;)
Added by Laws 1971, c. 281, § 24-118, eff. July 2, 1971.
§70-24-119. Ethnic and racial history coverage.
The State Board of Education shall adopt necessary rules and
regulations providing coverage of the outstanding historical events
which recognize the contributions made by African Americans, Hispanic
Americans, Native Americans and other ethnic groups to Oklahoma's
rich cultural history and heritage.
Amended by Laws 1982, c. 326, § 6; Laws 1991, c. 233, § 2, eff. July
1, 1991.
§70-24-120. Truancy - Reports to Department of Human Services -
Withholding of assistance payments.
A. At the close of each attendance period of the school term,
the board of education of each school district shall notify in
writing the Department of Human Services of the name of any child who
has not been present for instruction at least eighty percent (80%) of
the time without valid excuse as defined in Section 10-105 of this
title.
B. Upon the receipt of such information from the school
district, the Director of the Department of Human Services is
authorized to withhold assistance payments to the payee of such child
and to instigate an investigation for the purpose of improving the
school attendance of such child. After such investigation, if the
attendance record of the child investigated is satisfactory, such
withheld payments may be released. In the event the investigation
results in a change in custody and care of such child, payments to
the payee shall be canceled or shall be made to the person qualified
to receive benefits on behalf of the child.
C. For purposes of the pilot project, the Department of Human
Services and the State Board of Education shall establish a procedure
to provide for the exchange of information required by this section
concerning students subject to the provisions of this section. Any
procedure thus established shall, if applicable, comply with the
requirements of the Family Educational Rights and Privacy Act, 20
U.S.C. Section 1232g et seq., and any other applicable federal law.
D. The district attorney shall file with the Department of Human
Services a report identifying any child who has been convicted of
truancy within thirty (30) days of such conviction.
E. Beginning with the 2019-2020 school year, district attorneys
shall submit to the Office of Child Abuse Prevention annual reports
detailing the instances in which students were convicted of truancy
pursuant to the provisions of this section. The reports shall comply
with the Family Educational Rights and Privacy Act of 1974 (FERPA).
Added by Laws 1971, c. 281, § 24-120, eff. July 2, 1971. Amended by
Laws 1992, c. 291, § 5, eff. Sept. 1, 1992; Laws 1995, c. 346, § 12,
eff. July 1, 1995; Laws 2019, c. 377, § 2, eff. July 1, 2019.
*+,-11'121#+,, .;!
§70-24-120.1. Reports on chronic absenteeism and exchange of data.
A. Beginning with the 2019-2020 school year, the State
Department of Education shall submit to the Office of Child Abuse
Prevention the student and school data on chronic absenteeism.
B. The State Department of Education in collaboration with the
Office of Child Abuse Prevention shall establish a procedure for the
exchange of information to comply with the Family Educational Rights
and Privacy Act of 1974 (FERPA).
C. The Office of Child Abuse Prevention or staff within the
State Department of Health shall review the reports provided pursuant
to this section and, when appropriate and if resources are available,
provide an assessment of the family to determine if services should
be offered or a referral for services should be made.
D. The State Board of Education shall supply Child Welfare
Services of the Department of Human Services with access to
identifying information and updated and accurate school attendance
reports of individuals with documented developmental disabilities.
The State Board of Education and Child Welfare Services shall
establish a procedure for the exchange of information required by
this subsection.
Added by Laws 2019, c. 377, § 3, eff. July 1, 2019.
§70-24-121. Safety belts for school bus drivers.
No vehicle shall be used by any school district within this state
for the transportation of school children unless such vehicle be
equipped with a safety belt or safety harness for the use of the
driver of such vehicle. Such seat belt and safety harness shall
conform to such standards as may be prescribed by 49 C.F.R., Part
571, and the Board shall furnish a copy of such standards to the
board of education of each school district. The driver of every
vehicle used by a school district for the transportation of school
children shall make use of such seat belts while in operation of the
vehicle, and failure to do so shall be deemed to constitute a
misdemeanor, and upon conviction therefor such driver shall be
punished by a fine of not less than Twenty-five Dollars ($25.00) nor
more than One Hundred Dollars ($100.00).
Added by Laws 1971, c. 281, § 24-121, eff. July 2, 1971. Amended by
Laws 2002, c. 397, § 33, eff. Nov. 1, 2002.
§70-24-122. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-24-123. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
*+,-11'121#+,, .;
§70-24-124. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-24-125. Effect of headings.
Article and section headings contained in this act shall not be
deemed to govern, limit, modify, or in any manner affect the scope,
meaning or intent of the provisions of any article or section hereof.
Added by Laws 1971, c. 281, § 24-125, eff. July 2, 1971.
§70-24-126. Repealed by Laws 1989, c. 154, § 2, operative July 1,
1989.
§70-24-127. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-24-128. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-24-129. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-24-130. Jim Thorpe Day.
The date of April 16 of each year is hereby designated "Jim
Thorpe Day" in and for the public schools of this state. In any year
in which April 16 is a Saturday, Sunday or school holiday, the public
schools of this state shall observe the next succeeding school day as
"Jim Thorpe Day." The several boards of education of this state and
the superintendents, principals and teachers in the public school
system may on "Jim Thorpe Day" conduct suitable programs
commemorating the accomplishments of Jim Thorpe, the world's greatest
athlete and a native Oklahoman, for the purpose of inspiring the
school children of this state to greater personal achievements in
physical fitness.
Added by Laws 1972, c. 65, § 1, emerg. eff. March 28, 1972.
§70-24-131. Orders to leave school buildings and grounds.
The superintendent or principal of any secondary, middle or
elementary school shall have the authority to order any person out of
the school buildings and off the school property when it appears that
the presence of such person is a threat to the peaceful conduct of
school business and school classes. This authority shall extend to
the removal of any individual attending an official school activity
or field trip where students are present, including an activity or
field trip not on school property, when the superintendent or
principal determines that a threat to the peaceful conduct of
students exists. Any person who refuses to leave after being ordered
to do so by the superintendent or principal shall be guilty of a
*+,-11'121#+,, .;"
misdemeanor and upon conviction thereof shall be punished by a fine
of not more than Five Hundred Dollars ($500.00) or by imprisonment in
the county jail for not more than ninety (90) days, or by both such
fine and imprisonment.
Added by Laws 1973, c. 145, § 1, emerg. eff. May 14, 1973. Amended
by Laws 2012, c. 143, § 1, eff. Nov. 1, 2012.
§70-24-131.1. Definitions.
As used in Section 2 of this act:
1. "Chief administrative officer" shall mean the principal,
superintendent, or other person in charge of the management,
administration, or control of any secondary school;
2. "Period of a sanctioned athletic event" shall mean the time
during which a sanctioned athletic event occurs and a period of two
(2) hours immediately before and after the event;
3. "Premises of the secondary school" shall mean:
a. the real property on which a secondary school is
located, including, but not limited to, school
buildings, playing fields, gymnasiums, auditoriums, and
parking lots owned or leased for use by the secondary
school, and
b. the real property on which a recreational facility
acquired, constructed or leased by an independent
school district or a secondary school is located,
including buildings, playing fields, and parking lots;
4. "Sanctioned athletic event" shall mean an athletic contest or
sporting event sanctioned by the Oklahoma Secondary School Activities
Association; and
5. "Secondary school" shall mean a public or private school
subject to the school laws of Oklahoma engaged in the education of
students for any of grades seven through twelve.
Added by Laws 1995, c. 129, § 1, eff. Nov. 1, 1995.
§70-24-131.2. Orders to leave athletic events.
A. The chief administrative officer or the chief administrative
officer's designee to maintain order at a secondary school shall have
the authority and power to direct any person to leave the premises of
that secondary school, who, during the period of a sanctioned
athletic event, after having been personally and specifically warned
by the officer or the designee to refrain from such conduct, commits
an act which materially and substantially interferes with the
peaceful conduct of a sanctioned athletic event, including:
1. Projecting in any manner an object which could cause bodily
harm to another person;
2. Entering the physical boundaries designated for the conduct
of a sanctioned athletic event for the purpose of materially and
substantially disrupting or interfering with the event;
*+,-11'121#+,, .;
3. Threatening to kill or do bodily harm to any person with
apparent ability to carry out that threat during the period of a
sanctioned athletic event; or
4. Using violent, obscene, indecent, or profane language in a
manner which materially and substantially interferes with the
peaceful conduct of a sanctioned athletic event.
B. Any person who fails to leave the premises of the secondary
school as directed, may, upon application by the secondary school, be
enjoined from entering upon or remaining upon the premises during the
period of a sanctioned athletic event for the remainder of the school
year or for so long as the court may provide. The procedure
governing the application for injunction shall be the procedure for
civil injunctions set forth in Title 12 of the Oklahoma Statutes.
C. Any person who knowingly and willfully fails to obey a
direction to leave the premises of the secondary school shall be
guilty of a misdemeanor.
D. This section shall not apply to competitors in a sanctioned
athletic event, their coaches, or officials, accredited by the
Oklahoma Secondary School Activities Association, who are
participating in the event.
Added by Laws 1995, c. 129, § 2, eff. Nov. 1, 1995.
§70-24-132. Reporting of students under influence of certain
prohibited substances - Civil immunity - Delivery of found substances
to proper authority.
A. Any public school administrator, teacher or counselor having
reasonable cause to suspect that a student is under the influence of
low-point beer as defined in Section 163.2 of Title 37 of the
Oklahoma Statutes, alcoholic beverages as defined in Section 506 of
Title 37 of the Oklahoma Statutes or a controlled dangerous substance
as defined in Section 2-101 of Title 63 of the Oklahoma Statutes or
has in the student's possession low-point beer, alcoholic beverages
or a controlled dangerous substance, who reports such information to
the appropriate school official, court personnel, community substance
abuse prevention and treatment personnel or any law enforcement
agency, pursuant to the school's policy shall have immunity from any
civil liability that might otherwise be incurred or imposed as a
result of the making of such a report.
B. Every school authority shall immediately deliver any
controlled dangerous substance, removed or otherwise seized from any
minor or other person, to a law enforcement authority for appropriate
disposition.
Added by Laws 1981, c. 109, § 1, emerg. eff. April 24, 1981. Amended
by Laws 1987, c. 115, § 2, eff. Nov. 1, 1987; Laws 1995, c. 274, §
54, eff. Nov. 1, 1995; Laws 2001, c. 225, § 9, eff. July 1, 2001.
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§70-24-132.1. Delivery of confiscated firearms to proper
authorities.
A. Pursuant to the requirements of Section 1271.1 of Title 21 of
the Oklahoma Statutes, every school authority shall immediately
report the discovery of a firearm not otherwise authorized by law to
be possessed to a law enforcement authority and deliver any weapon or
firearm, removed or otherwise seized from any minor, to a law
enforcement authority for appropriate disposition.
B. Every school authority shall also immediately report to a law
enforcement authority the discovery of a firearm upon a student that
is not a minor or upon any other person not otherwise authorized by
law to possess a firearm on school property pursuant to Section
1280.1 of Title 21 of the Oklahoma Statutes and deliver any weapon or
firearm that is removed or seized to a law enforcement authority for
disposition pursuant to Section 1271.1 of Title 21 of the Oklahoma
Statutes.
Added by Laws 2001, c. 225, § 10, eff. July 1, 2001. Amended by Laws
2013, c. 56, § 1, eff. July 1, 2013.
§70-24-133. Renumbered as § 6-101.40 of this title by Laws 1989, 1st
Ex.Sess., c. 2, § 119, operative July 1, 1990.
§70-24-134. Renumbered as § 6-101.43 of this title by Laws 1989, 1st
Ex.Sess., c. 2, § 119, operative July 1, 1990.
§70-24-135. Renumbered as § 6-101.44 of this title by Laws 1989, 1st
Ex.Sess., c. 2, § 119, operative July 1, 1990.
§70-24-135.1. Renumbered as § 6-101.45 of this title by Laws 1989,
1st Ex.Sess., c. 2, § 119, operative July 1, 1990.
§70-24-136. Renumbered as § 6-101.46 of this title by Laws 1989, 1st
Ex.Sess., c. 2, § 119, operative July 1, 1990.
§70-24-137. Renumbered as § 6-101.47 of this title by Laws 1989, 1st
Ex.Sess., c. 2, § 119, operative July 1, 1990.
§70-24-138. Reporting students under influence of certain substances
- Civil liability - Written policy.
A. Whenever it appears to any public school teacher that a
student may be under the influence of low-point beer as defined in
Section 163.2 of Title 37 of the Oklahoma Statutes, alcoholic
beverages as defined in Section 506 of Title 37 of the Oklahoma
Statutes or a controlled dangerous substance, as defined in Section
2-101 of Title 63 of the Oklahoma Statutes, that teacher shall report
the matter, upon recognition, to the school principal or his or her
designee. The principal or designee shall immediately notify the
*+,-11'121#+,, .;"
superintendent of schools or designee and a parent or legal guardian
of the student of the matter.
No officer or employee of any public school district or member of
any school board shall be subject to any civil liability for any
statement, report, or action taken in assisting or referring for
assistance to any medical treatment, social service agency or
facility or any substance abuse prevention and treatment program any
student reasonably believed to be abusing or incapacitated by the use
of low-point beer, alcoholic beverages or a controlled dangerous
substance unless such assistance or referral was made in bad faith or
with malicious purpose. No such officer or employee of any public
school district, member of any school board, school or school
district shall be responsible for any treatment costs incurred by a
student as a result of any such assistance or referral to any medical
treatment, social service agency or facility, or substance abuse
prevention and treatment program.
B. Every school district shall have and deliver to each
classroom teacher a written policy that such teachers shall follow if
they have a student who appears to be under the influence of low-
point beer, alcoholic beverages or a controlled dangerous substance
in their classroom. The written policy shall be developed by the
local superintendent of schools and adopted by the local board of
education. The provisions of subsection A of this section shall be
the minimum requirements of such written policy. The written policy
shall be filed with the office of the State Superintendent of Public
Instruction within ninety (90) days of the effective date of this
act. If such filing is not timely made, the public schools in such
school district shall lose their accreditation until the written
policy is filed.
Added by Laws 1981, c. 168, § 1, eff. July 1, 1981. Amended by Laws
1985, c. 121, § 1; Laws 1987, c. 115, § 3, eff. Nov. 1, 1987; Laws
1995, c. 274, § 55, eff. Nov. 1, 1995.
§70-24-139. Repealed by Laws 1985, c. 50, § 2, eff. Jan. 1, 1986.
§70-24-140. School district administrators and principals -
Leadership skills and development programs.
The State Board of Education shall study programs designed to
develop leadership skills for school district administrators and
principals which utilize expertise and program availability from
private industry. If funds are available, such program shall be
adopted and implemented beginning with the 1992-93 school year.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 55, emerg. eff. April 25,
1990.
§70-24-150. Sports competition - Equal employment opportunity for
officials, referees and other individuals.
*+,-11'121#+,, .;"$
No school or school district shall belong to or participate in a
sports competition sponsored by an organization unless said
organization provides all qualified officials, referees or other
individuals charged with selecting winners or controlling the conduct
of the competition an equal employment opportunity without
discrimination on the basis of race, color, religion, age, sex,
geographical boundaries or national origin. All amateur sports
organizations and schools or school districts shall ensure that all
officials, referees and other individuals charged with selecting
winners or controlling the conduct of the competition are afforded an
equal opportunity to be assigned to serve in such capacity, provided
that the official or referee is qualified or is able to adequately
perform the job at such place or time.
Added by Laws 1992, c. 194, § 2.
§70-24-151. Coordination of spring break dates – Legislative intent.
A. It is the intent of the Legislature that the State
Superintendent of Public Instruction, the Director of the State
Department of Vocational and Technical Education, and the Chancellor
for Higher Education shall coordinate spring break dates for the
public schools, area vocational-technical schools, and institutions
within The Oklahoma State System of Higher Education beginning with
the 2001-2002 school year.
B. Independent, elementary, and area vocational-technical school
districts and institutions within The Oklahoma State System of Higher
Education shall schedule spring break dates as determined pursuant to
subsection A of this section.
Added by Laws 2000, c. 232, § 22, eff. July 1, 2000.
§70-24-152. Veterans Day and Celebrate Freedom Week in public
schools - Instruction on Declaration of Independence and U.S.
Constitution.
A. In order to educate students about the sacrifices made for
freedom on behalf of this country and the values on which this
country was founded, the date of November 11 is hereby designated
"Veterans Day", and the week in which November 11 falls is hereby
designated “Celebrate Freedom Week” in and for the public schools of
this state. In any year in which the date of November 11 is a
Saturday or Sunday or classes are not in regular session, the public
schools of this state shall observe the previous school day as
"Veterans Day" as provided for in this section. For purposes of this
subsection, Sunday shall be considered the first day of the week.
B. The board of education of each public school district shall
ensure that each school in its district will on Veterans Day conduct
and observe an appropriate program of at least one class period
remembering and honoring American veterans. In addition, schools may
choose, if scheduling allows, to have a one-minute moment of silence
*+,-11'121#+,, .;"(
beginning at 11:00 a.m. on November 11 of each year. The benefit of
such activity, in addition to honoring American veterans, is to serve
to educate students about the termination of World War I at 11:00
a.m. on November 11, 1918, which was first recognized by United
States President Woodrow Wilson on the first anniversary of the truce
in a proclamation eulogizing fallen Allied soldiers and referring to
November 11 as Armistice Day.
C. By December 31, 2007, the State Board of Education shall
adopt rules which require each public school district in the state to
include, as a part of a social studies class, during Celebrate
Freedom Week or during another full school week as determined by the
board of education, grade-appropriate instruction concerning the
intent, meaning, and importance of the Declaration of Independence
and the United States Constitution, including the Bill of Rights, in
their historical contexts. The religious references in the writings
of the founding fathers shall not be censored. The rules shall
require appropriate grade level study of the Declaration of
Independence to include the study of the relationship of the ideas
expressed in that document to subsequent American history, including
the relationship of its ideas to the rich diversity of our people as
a nation of immigrants, the American Revolution, the formulation of
the United States Constitution, and the abolitionist movement, which
led to the Emancipation Proclamation, the women's suffrage movement,
and the civil rights movement and the passage of civil rights
legislation.
D. The rules adopted by the State Board of Education pursuant to
subsection C of this section shall establish different levels of
content and rigor of the subject matter required to be covered during
Celebrate Freedom Week that is appropriate for the different grade
levels and that meet state and national standards.
E. The rules adopted by the State Board of Education pursuant to
subsection C of this section shall also provide that during Celebrate
Freedom Week or another week of instruction selected by the board of
education, students in grades three through twelve study and recite
the text quoted below:
"We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the
pursuit of Happiness.--That to secure these rights, Governments are
instituted among Men, deriving their just powers from the consent of
the governed."
F. Students may be excused from the recitation of the text set
forth in subsection D of this section, if:
1. The parent or guardian of the student submits to the school
district a written request that the student be excused;
2. As determined by the school district, the student has a
conscientious objection to the recitation; or
*+,-11'121#+,, .;"
3. The student is the child of a representative of a foreign
government to whom the United States government extends diplomatic
immunity.
Added by Laws 2001, c. 250, § 1, eff. July 1, 2001. Amended by Laws
2007, c. 83, § 1, eff. July 1, 2007; Laws 2008, c. 90, § 1, eff. July
1, 2008.
§70-24-153. Granting of high school diplomas to certain veterans.
A. In order to recognize and pay tribute to veterans who left
high school prior to graduation to serve in World War II, in the
Korean War, or in the Vietnam War, a board of education of any
independent school district in this state is hereby authorized to
grant a diploma of graduation to any veteran who meets the
requirements as listed in subsection B of this section. School
districts are further encouraged to present such diplomas in
conjunction with appropriate Veterans Day programs.
B. To be eligible for a high school diploma pursuant to this
section, a veteran shall:
1. Have been honorably discharged from the Armed Forces of the
United States of America;
2. Have served on active duty or have been discharged with a
service-connected disability between the dates of September 16, 1940,
and December 31, 1946, or between the dates of June 27, 1950, and
January 31, 1955, or between the dates of May 13, 1961, and April 29,
1975; and
3. Be a resident of the State of Oklahoma.
C. The State Board of Education shall consult with the
Department of Veterans Affairs in adopting rules to implement the
provisions of this act.
Added by Laws 2001, c. 157, § 1, eff. July 1, 2001. Amended by Laws
2002, c. 147, § 1, eff. Nov. 1, 2002; Laws 2006, c. 278, § 5, eff.
July 1, 2006.
§70-24-154. Classroom placement of multiple-birth siblings -
Definition.
A. A parent or guardian of multiple-birth siblings may request
that the children attend the same school and be placed in the same
classroom or in separate classrooms if the children are in the same
grade level at the same school and meet the eligibility requirements
of the class. The school may recommend classroom placement to the
parents and provide professional education advice to the parents to
assist them in making the best decision for their children's
education. A school must provide the placement requested by the
children's parent or guardian, unless the district board makes a
classroom placement determination following the school principal's
request according to this section. The parent or guardian must
request the classroom placement no later than fourteen (14) days
*+,-11'121#+,, .;")
after the first day of each school year or fourteen (14) days after
the first day of attendance of the children during a school year if
the children are enrolled in the school after the school year
commences. At the end of the initial grading period, if the school
principal, in consultation with the children's classroom teacher,
determines that the requested classroom placement is disruptive to
the classroom environment, the school principal may request that the
district board determine the children's classroom placement.
B. For purposes of this section, "multiple-birth siblings" means
twins, triplets, quadruplets, quintuplets, or higher number of
siblings resulting from a multiple birth.
Added by Laws 2008, c. 396, § 1.
§70-24-155. Concussion information - Removal from practice or game -
Reinstatement
A. As defined in this act:
1. "Athlete" means a secondary-school-age individual who is
participating in a sport which is individual- and/or team-based,
outside of school or within school and either competitive or in an
organized practice; and
2. "Health care provider" means an individual who is registered,
certified, licensed or otherwise recognized by the state to provide
medical or psychological treatment and who is trained and experienced
in the evaluation, management and care of concussions.
B. The State Department of Health shall create a concussion
management section on its website to provide the guidelines necessary
for each school district board of education and youth sports
organization to develop their own policies and procedures pertaining
to, but not limited to:
1. A concussion and head injury information sheet for game
officials, team officials, athletes, parents or guardians and other
persons having care or charge of athletes of the signs and symptoms
of concussion or head injury and the risk of continuing to practice
or compete in an athletic event or activity after sustaining a
concussion or head injury;
2. "Return to Learn" guidelines for teachers and relevant school
personnel pertaining to athletes who are returning to the classroom
after sustaining a concussion or head injury;
3. "Graduated Stepwise Return to Athletic Participation"
guidelines for team officials pertaining to athletes returning to
practice or competition after a concussion or head injury; and
4. Links to one or more free online concussion training programs
as provided by the Centers for Disease Control and Prevention (CDC),
the National Federation of State High School Associations (NFHS) or a
comparable program or resource.
The Department shall periodically review the guidelines and update it
accordingly.
*+,-11'121#+,, .;"!
C. Each school district board of education and youth sports
organization or association shall develop policies and procedures
pursuant to subsection B of this section to inform and educate their
respective coaches, game officials, team officials, athletes and
their parents or guardians of the nature and risk of concussion and
head injury, including continuing to play after concussion or head
injury. On an annual basis, information regarding concussion and
head injuries shall be disseminated to the athlete and his or her
parent or guardian. Acknowledgment and understanding of the
information shall be completed by the athlete and the athlete's
parent or guardian and maintained by the school or the youth sports
organization or association prior to the athlete's participation in
practice or competition.
1. On an annual basis, game officials and team officials shall
undergo concussion training provided by the CDC, the NFHS or a
comparable program or resource. A record of completion of the
training course shall be readily available upon request.
2. If any game official or team official responsible for the
care and safety of an athlete in an athletic event becomes aware or
suspects an athlete is exhibiting signs, symptoms or behaviors
consistent with having sustained a concussion or head injury, he or
she shall remove the athlete from the practice or competition.
3. If an athlete is removed from practice or competition as
provided in paragraph 2 of this subsection, the athlete shall not, on
the same day the athlete is removed, be permitted to return to that
practice or competition or to participate in any other practice or
competition, unless deemed eligible pursuant to the provisions of
paragraph 4 of this subsection.
4. An athlete who has been removed from participation as
provided in paragraph 2 of this subsection may not participate until
the athlete is evaluated by a health care provider and receives
written clearance to return to participation from that health care
provider. The health care provider may be a volunteer. A health
care provider, game official or team official, whether volunteer or
employee, shall not be liable for civil damages for injury, death or
loss to person or property allegedly arising from any act or omission
in providing services or performing duties unless the acts or
omissions constituting gross negligence or willful or wanton
misconduct.
D. Respective governing boards shall establish the following
minimum penalties for a violation of paragraph 2 of subsection C of
this section for those individuals set forth in paragraph 1 of
subsection C of this section:
1. First violation shall be additional concussion recognition
and management education as predetermined by the governing board;
2. Second violation shall be suspension from the sport until
appearance before the governing board; and
*+,-11'121#+,, .;"
3. Monetary fines shall not be considered as a penalty.
E. The Department shall promulgate rules necessary to implement
the provisions of this act.
Added by Laws 2010, c. 264, § 1, eff. July 1, 2010. Amended by Laws
2016, c. 375, § 1, eff. Nov. 1, 2016.
§70-24-156. Chase Morris Sudden Cardiac Arrest Prevention Act.
A. This act shall be known and may be cited as the "Chase Morris
Sudden Cardiac Arrest Prevention Act".
B. As used in the Chase Morris Sudden Cardiac Arrest Prevention
Act, "athletic activity" means any sport sanctioned and offered in
grades seven through twelve by a school district.
C. The State Department of Health and the State Department of
Education shall jointly develop and post on their publicly accessible
websites guidelines and other relevant materials to inform and
educate students participating in or desiring to participate in an
athletic activity, their parents and their coaches about the nature
and warning signs of sudden cardiac arrest, including the risks
associated with continuing to play or practice after experiencing one
or more symptoms of sudden cardiac arrest, including unexplained
fainting, difficulty breathing, chest pains, dizziness and abnormal
racing heart rate. In developing the guidelines and materials, the
State Department of Health and the State Department of Education may
utilize existing materials developed by other entities or
organizations.
D. A student participating in or desiring to participate in an
athletic activity and the student's parent or guardian shall, each
school year and prior to participation by the student in an athletic
activity, sign and return to the student's school an acknowledgement
of receipt and review of a sudden cardiac arrest symptoms and warning
signs information sheet jointly developed by the State Department of
Health and the State Department of Education.
E. A school may hold an informational meeting prior to the start
of each athletic season for all ages of competitors regarding the
symptoms and warning signs of sudden cardiac arrest. In addition to
students, parents, coaches and other school officials, informational
meetings may include physicians, pediatric cardiologists and athletic
trainers.
F. A student who collapses or faints without a concurrent head
injury while participating in an athletic activity shall be removed
by the coach from participation at that time.
G. A student removed or prevented from participating in an
athletic activity pursuant to subsection F of this section shall not
return to participation until the student is evaluated and cleared
for return to participation in writing by a health care provider as
defined in Section 3090.2 of Title 63 of the Oklahoma Statutes.
*+,-11'121#+,, .;""
H. Once each year, a coach of an athletic activity shall
complete the sudden cardiac arrest training course offered by a
provider approved by the State Department of Health. A coach of an
athletic activity shall not coach the athletic activity until the
coach completes the training course required under this subsection.
I. The sponsors of youth athletic activities not associated with
a school are encouraged to follow the guidance stated in the Chase
Morris Sudden Cardiac Arrest Prevention Act.
.'5<5?
K. The State Board of Health and the State Board of Education
shall promulgate rules to implement the provisions of this act.
Added by Laws 2015, c. 272, § 1, eff. July 1, 2015.
§70-25. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-25-101. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-102. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-103. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-104. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-105. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-106. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-107. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-108. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-109. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
*+,-11'121#+,, .;"
§70-25-110. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-111. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-112. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-113. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-114. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-115. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-116. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-117. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-25-118. Repealed by Laws 1988, c. 165, § 31, emerg. eff. May 24,
1988.
§70-26. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-26-101. Short title.
Sections 26-101 through 26-105 of this title shall be known and
may be cited as the "Larry Dickerson Education Flexible Benefits
Allowance Act".
Added by Laws 1998, c. 380, § 3, emerg. eff. June 9, 1998. Amended
by Laws 2002, c. 282, § 1, eff. July 1, 2002.
§70-26-102. Purpose.
It is hereby declared that the purpose of the Larry Dickerson
Education Flexible Benefits Allowance Act is:
1. To recognize that the employee benefit needs of individual
school district employees differ, depending on the age, salary and
family status of the employee, and that it is needful to permit such
employees to select and tailor the benefits they receive in a manner
calculated to best meet the particular needs of themselves and their
families; and
2. To furnish school district employees with choices among
various employee benefits or cash compensation.
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Added by Laws 1998, c. 380, § 4, emerg. eff. June 9, 1998. Amended
by Laws 2002, c. 282, § 2, eff. July 1, 2002.
§70-26-103. Definitions.
The following words and phrases as used in Section 26-101 et seq.
of this title, unless a different meaning is clearly required by the
context, shall have the following meanings:
1. "Benefit" means any of the benefits which may be purchased or
are required to be purchased under the cafeteria plan;
2. "Cafeteria plan" means a benefit plan established pursuant to
26 U.S.C. Section 125;
3. "Flexible benefit allowance" means amounts credited by the
school district for each school district employee for the purchase of
benefits under the cafeteria plan;
4. "Support personnel" means full-time employees of a school
district as determined by the standard period of labor which is
customarily understood to constitute full-time employment for the
type of services performed by the employees who are employed a
minimum of six (6) hours per day for a minimum of one hundred
seventy-two (172) days or a minimum of six (6) hours per day for a
minimum of one thousand thirty-two (1,032) hours per year and who
provide services not performed by certified personnel, which is
necessary for the efficient and satisfactory functioning of a school
district, and shall include cooks, janitors, maintenance personnel,
bus drivers, noncertified or nonregistered nurses, noncertified
librarians, and clerical employees of a school district but shall not
include adult education instructors or adult coordinators employed by
technology center school districts;
5. "Plan year" means the twelve-month period established by the
school district for the cafeteria plan;
6. "School district" means the public school districts and
technology center school districts of this state;
7. "School district employee" means certified or support
personnel as defined in Section 26-101 et seq. of this title.
Employees of an educational service provider contracted with a school
district pursuant to subsection G of Section 5-117 of this title who
perform functions that would otherwise be performed by a school
district employee shall be considered employees of a school district
for purposes of the Larry Dickerson Education Flexible Benefits
Allowance Act unless otherwise provided for in the contract between
the educational service provider and the contracting school district;
8. "Certified personnel" means a certified person employed on a
full-time basis to serve as a teacher, principal, supervisor,
administrator, counselor, librarian, or certified or registered
nurse, but shall not mean a superintendent of a school district; and
9. "Self-insured" means a health care program in which the
school district funds the benefit plans from its own resources
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without purchasing insurance and which may be administered by the
school district or by an outside administrator under contract with
the school district for administrative services. The State Board of
Education shall prepare by May 1st of each year a list of each school
district in the state that is self-insured and the number of support
personnel and the number of certified personnel that are
participating in each self-insured school district plan.
Added by Laws 1998, c. 380, § 5, emerg. eff. June 9, 1998. Amended
by Laws 1999, c. 334, § 1, eff. July 1, 1999; Laws 2001, c. 33, §
121, eff. July 1, 2001; Laws 2012, c. 320, § 1, eff. July 1, 2012;
Laws 2018, c. 309, § 1, eff. July 1, 2018.
§70-26-104. Funding of flexible benefit allowances – Establishment
of cafeteria plans.
A. Each fiscal year, the Legislature shall appropriate adequate
funding to the State Board of Education and the State Board of Career
and Technology Education for the purpose of providing a flexible
benefit allowance to school district employees pursuant to this act.
Unless the Legislature appropriates adequate funding specifically for
the purpose of providing a flexible benefit allowance to school
district employees, the Oklahoma State Board of Education shall
allocate from the funds appropriated to the Oklahoma State Board of
Education for the support of public school activities an amount to
fully fund the flexible benefit allowance, which shall occur first
prior to allocating the funds for any other purpose. The amount
appropriated for funding and disbursed to school districts shall be
calculated by multiplying the number of eligible school district
employees employed by school districts which are participating in the
health insurance plan offered by the State and Education Employees
Group Insurance Board or are self-insured as counted in February of
each year by the amount of the flexible benefit allowance credited to
the eligible school employees as established in Section 26-105 of
this title. Each Board shall disburse the total amount appropriated
for funding the flexible benefit allowance to school districts during
the fiscal year. From the total amount appropriated, each Board
shall disburse the appropriate amounts, based on the number of
eligible school district employees employed by that school district,
to each school district.
B. Every school district shall establish or make available to
school district employees a cafeteria plan pursuant to 26 U.S.C.
Section 125 of the United States Code. The plan shall offer, as a
benefit, major medical health care plan coverage.
C. The flexible benefit allowance amount established pursuant to
Section 26-105 of this title shall be credited to each eligible
school district employee. School district employees shall elect
whether to use the flexible benefit allowance to pay for coverage in
the health insurance plan offered by the State and Education
*+,-11'121#+,, .;"$
Employees Group Insurance Board or the self-insured plan offered by
the school district and may receive the excess flexible benefit
allowance as taxable compensation as provided in Section 26-105 of
this title.
D. The administrator of the cafeteria plan shall maintain a
separate account for each participating school district employee.
School districts shall forward the school district employee flexible
benefit allowance amounts to the administrator for elected purchases
of cafeteria plan benefits.
E. Expenses included in an employee's salary adjustment
agreement pursuant to the cafeteria plan shall be limited to expenses
for:
1. Premiums for any health insurance, health maintenance
organization, life insurance, long term disability insurance, dental
insurance or high deductible health benefit plan offered to employees
and their dependents; and
2. All other eligible benefit programs offered under 26 U.S.C.
Section 125 of the United States Code.
F. The flexible benefit allowance amount established in Section
26-105 of this title shall not be included as income in computation
of state retirement contributions and benefits or as part of the
Minimum Salary Schedule for teachers established in Section 18-114.12
of this title. School districts shall not consider the flexible
benefit allowance amount as income for eligible support employees and
thereby shall not reduce the salary of an eligible support employee.
Added by Laws 1998, c. 380, § 6, emerg. eff. June 9, 1998. Amended
by Laws 1999, c. 334, § 2, eff. July 1, 1999; Laws 2001, c. 33, §
122, eff. July 1, 2001; Laws 2002, c. 418, § 1, eff. July 1, 2002;
Laws 2007, c. 180, § 1, emerg. eff. May 31, 2007; Laws 2012, c. 321,
§ 1, eff. July 1, 2012.
§70-26-105. Purchase of benefits - Amount of allowance - Taxable
compensation - Superintendent allowance.
A. The flexible benefit allowance shall be used by a school
district employee who is participating in the cafeteria plan to
purchase major medical health care plan coverage offered by the
school district through a cafeteria plan. Any excess flexible
benefit allowance over the cost of the major medical coverage
purchased by the employee who is participating in the cafeteria plan
may be used to purchase any of the additional benefits offered by the
school district or may be taken as taxable compensation as provided
in subsection C of this section. Certified personnel who choose not
to participate in the school-district-sponsored cafeteria plan shall
receive Sixty-nine Dollars and seventy-one cents ($69.71) per month
as taxable compensation in lieu of the flexible benefit allowance
amount provided in subsection B of this section. Support personnel
who choose not to participate in the school-district-sponsored
*+,-11'121#+,, .;"(
cafeteria plan shall receive One Hundred Eighty-nine Dollars and
sixty-nine cents ($189.69) per month as taxable compensation in lieu
of the flexible benefit allowance amount provided in subsection B of
this section.
B. Each eligible school district employee shall be credited
annually with a specified amount as a flexible benefit allowance
which shall be available for the purchase of benefits. The amount of
the flexible benefit allowance credited to each eligible school
district employee shall be communicated to the employee prior to the
enrollment period for each plan year.
1. For the fiscal year ending June 30, 2002, the flexible
benefit allowance amount for certified personnel shall be no less
than Sixty-nine Dollars and seventy-one cents ($69.71) per month.
For the fiscal year ending June 30, 2002, the flexible benefit
allowance amount for support personnel shall be no less than One
Hundred Eighty-nine Dollars and sixty-nine cents ($189.69) per month.
2. For the fiscal year ending June 30, 2004, the flexible
benefit allowance amount for certified personnel shall be no less
than fifty-eight percent (58%) of the premium amount for the
HealthChoice (Hi) option plan for an individual offered by the State
and Education Employees Group Insurance Board. For the fiscal year
ending June 30, 2003, and each fiscal year thereafter, the flexible
benefit allowance amount for support personnel shall be no less than
one hundred percent (100%) of the premium amount for the HealthChoice
(Hi) option plan for an individual offered by the State and Education
Employees Group Insurance Board.
3. For the fiscal year ending June 30, 2005, and each fiscal
year thereafter, the flexible benefit allowance amount for certified
personnel shall be no less than one hundred percent (100%) of the
premium amount for the HealthChoice (Hi) option plan for an
individual offered by the State and Education Employees Group
Insurance Board.
C. If a school district employee who is participating in the
cafeteria plan elects benefits whose sum total is less than the
flexible benefit allowance, the employee shall receive any excess
flexible benefit allowance as taxable compensation. Such taxable
compensation shall be paid in substantially equal amounts each pay
period over the plan year. Except as otherwise provided for in
subsection D of this section, on termination during a plan year, a
participating school district employee shall have no right to receive
any taxable cash compensation allocated to the portion of the plan
year after the termination of the employee.
D. In cases where the employee of a school district fulfills the
terms of their contract and terminates employment for the subsequent
year, the employee shall be entitled to the flexible benefit
allowance for the remainder of the current benefit term. For
purposes of this subsection, “benefit term” shall mean the twelve-
*+,-11'121#+,, .;"
month period after the initiation of benefits for the position held
by the employee.
E. Each school district employee shall make an annual election
of benefits under the plan during an enrollment period to be held
prior to the beginning of each plan year. The enrollment period
dates will be determined annually and will be announced by the school
district, providing the enrollment period shall end no later than
thirty (30) days before the beginning of the plan year. Each school
district employee shall make an irrevocable advance election for the
plan year or the remainder of the plan year pursuant to procedures
the school district shall prescribe.
F. The school district shall prescribe the forms that school
district employees shall be required to use in making their
elections, and may prescribe deadlines and other procedures for
filing the elections.
G. School district employees hired after the closing of the
enrollment period shall be allowed to make an election as provided in
this act.
H. A district board of education shall have the option of
providing a flexible benefit allowance to the superintendent of the
school district in an amount not more than the amount of the flexible
benefit allowance established for certified personnel in subsection B
of this section. Funding for the flexible benefit allowance for a
superintendent shall be provided through local revenue.
Added by Laws 1998, c. 380, § 7, emerg. eff. June 9, 1998. Amended
by Laws 1999, c. 334, § 3, eff. July 1, 1999; Laws 2000, c. 308, § 5,
eff. July 1, 2000; Laws 2001, c. 416, § 45, eff. July 1, 2001; Laws
2002, c. 282, § 3, eff. July 1, 2002; Laws 2003, c. 415, § 32, eff.
July 1, 2003; Laws 2004, c. 119, § 2, eff. July 1, 2004; Laws 2007,
c. 180, § 2, emerg. eff. May 31, 2007.
§70-26-105.1. School districts to which act applies.
The provisions of the Larry Dickerson Flexible Benefits Allowance
Act shall apply to school districts participating in the Oklahoma
State Education and Employees Group Insurance Board plan or school
districts that are self-insured.
Added by Laws 2002, c. 418, § 2, eff. July 1, 2002.
§70-26-106. Repealed by Laws 1999, c. 334, § 6, eff. July 1, 1999.
§70-26-107. Repealed by Laws 1999, c. 334, § 6, eff. July 1, 1999.
§70-26-108. Repealed by Laws 2000, c. 308, § 8, eff. July 1, 2000.
§70-27. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-27-101. Short title - Oklahoma Extracurricular Activities
Accountability Act.
This act shall be known and may be cited as the "Oklahoma
Extracurricular Activities Accountability Act".
Added by Laws 2014, c. 327, § 1.
§70-27-102. School athletic association.
As used in the Oklahoma Extracurricular Activities Accountability
Act, a "school athletic association" means any private organization
or association which charges the school or school district a
membership fee, retains a portion of revenue generated by the
interscholastic activities or contests of the member schools, and
provides the coordination, supervision and regulation of the
interscholastic activities and contests of the member schools.
Added by Laws 2014, c. 327, § 2.
§70-27-103. School athletic association written policy.
A public school or school district shall not be a member of any
school athletic association unless that association has adopted a
written policy that requires the following:
1. All records of the association to be made accessible
consistent with the provisions of the Oklahoma Open Records Act;
2. All meetings of the association to be open and conducted in a
manner consistent with the provisions of the Oklahoma Open Meeting
Act, including specifically the notice and agenda, voting and
executive session requirements; and
3. An annual financial audit and a compliance audit of all funds
of the association in accordance with the auditing standards set
forth in the Oklahoma Public School Audit Law. In addition, the
association shall have performance audits conducted of the operations
of the association. A performance audit shall be conducted no later
than December 31, 2014, and by December 31 every five (5) years
thereafter.
Added by Laws 2014, c. 327, § 3.
§70-28. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-29. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-30. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-31. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-32. Repealed by Laws 1941, p. 410, § 9.
§70-33. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-34. Repealed by Laws 1943, p. 78, § 43.
§70-35. Repealed by Laws 1937, p. 230, § 5.
§70-35a. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30,
1979.
§70-35b. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30,
1979.
§70-35c. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30,
1979.
§70-35d. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30,
1979.
§70-35e. Dropouts - Reports - Tabulation of statistics -
Dissemination of information - Report to Legislature - Definition.
A. It shall be the duty of the superintendent, principal or head
teacher of each public or private middle, junior high and high school
accredited by the State Department of Education in the State of
Oklahoma to notify the Department annually as scheduled by the
Department of the name, address, race and age of any pupil dropping
out from the school during the preceding year. The report shall be
made on forms prescribed and furnished by the Department.
B. The State Board of Education shall cause these statistics of
school dropouts to be tabulated by grade and school district.
Information of school dropouts shall be made available to the
Oklahoma Department of Career and Technology Education, the Bureau of
Indian Affairs, the Military Department of the State of Oklahoma for
use in the youth educational programs provided by the Department and
the State Department of Health.
C. The State Department of Education shall make an annual report
to the Legislature prior to the convening of each regular session
thereof of information received and tabulated pursuant to this
section.
D. For the purposes of this section, school dropout means any
student who is under the age of nineteen (19) and has not graduated
from high school and is not attending any public or private school or
is otherwise receiving an education pursuant to law for the full term
the schools of the school district in which the student resides are
in session.
Added by Laws 1972, c. 77, § 1, eff. Oct. 1, 1972. Amended by Laws
1977, c. 84, § 1, eff. Oct. 1, 1977; Laws 1978, c. 131, § 1; Laws
1994, c. 232, § 5, emerg. eff. May 25, 1994; Laws 2001, c. 33, § 123,
eff. July 1, 2001; Laws 2013, c. 172, § 1, emerg. eff. April 29,
2013; Laws 2016, c. 34, § 1, eff. July 1, 2016.
*+,-11'121#+,, .;"
§70-35f. Payment of salary to teachers and other school employees
injured by assault - Legal action for reimbursement - Sick leave or
personal leave - Workers' compensation.
A. Any public school teacher, school administrator or other
school personnel employee, who is unable to continue his or her
contract of employment as a result of injury sustained in the
reasonable performance of his or her duties from:
1. Assault by a pupil, relative of a pupil or person of the
pupil's household, or
2. Injury sustained as a result of quelling or attempting to
quell or stop a fight, disorder or any disturbance related to a
school function or activity, shall be paid his or her full contract
salary for the remainder of that school year or contract year or
period, whichever is applicable, or for such period of time thereof
as he or she is prevented from teaching or working as a result of the
injuries sustained or job loss caused by such injuries during said
school year or contract year or period for which he or she had been
employed and during which he or she was injured not to exceed in any
event the term of the contract; and directing that such school
district paying the balance of the contract payments, may file suit
against such person or persons or their guardian or guardians for
reimbursement of payments so made.
B. Employees of the public schools of this state who suffer job-
related injuries, other than those enumerated in subsection A of this
section, which qualify for temporary total disability benefits under
the Workers' Compensation Act, Section 1 et seq. of Title 85 of the
Oklahoma Statutes, may utilize accumulated sick leave or personal
leave on a prorated basis as follows:
At the option of the employee, temporary total disability
benefits shall be supplemented by any sick leave or personal leave,
or fractional use thereof, available to the injured employee, to the
extent that the injured employee shall receive full wages during the
employee's temporary absence. The sum of all temporary total
disability payments and any sick leave or personal leave shall in no
case combine to exceed one hundred percent (100%) of the employee's
net pay as it existed prior to injury.
C. Nothing in the provisions of this section shall effect the
right of the employee or the employer pursuant to the Workers'
Compensation Act.
Added by Laws 1973, c. 229, § 1, emerg. eff. May 24, 1973. Amended
by Laws 1996, c. 163, § 1, eff. July 1, 1996; Laws 1996, c. 252, § 2,
eff. July 1, 1996; Laws 1997, c. 106, § 1, eff. July 1, 1997.
§70-35g. Medical reports.
A medical report from the treating physician must be furnished to
the local school district board to substantiate that said injuries:
*+,-11'121#+,, .;""
(1) were disabling, (2) prevented the continuance of such person's
employment and (3) the period of said disability. If a dispute
arises on said disability or activity, then either party aggrieved
may file suit in district court.
Added by Laws 1973, c. 229, § 2, emerg. eff. May 24, 1973.
§70-36. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-37. Repealed by Laws 1941, p. 410, § 9.
§70-38. Repealed by Laws 1941, p. 410, § 9.
§70-39. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-61. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-62. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-63. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-64. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-65. Repealed by Laws 1941, p. 410, § 9.
§70-66. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-66a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-67. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-68. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-69. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-70. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-71. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-72. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-73. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-74. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-75. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-76. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;"
§70-77. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-78. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-79. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-80. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-91. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-92. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-101. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-101a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-101b. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-102. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-103. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-104. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-105. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-106. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-107. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-108. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-109. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-110. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-111. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-112. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-113. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-114. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-115. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;"$
§70-116. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-117. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-118. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-119. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-120. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-121. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-122. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-123. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-124. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-125. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-126. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-127. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-128. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-129. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-130. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-131. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-132. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-133. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-134. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-135. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-135.1a. Deputy for school accounts - Counties with population of
41,000 to 42,000 - Valuation not more than $6,000,000.
In each county having a population of not less than forty-one
thousand (41,000) nor more than forty-two thousand (42,000) according
to the 1940 and each succeeding Federal census and a valuation of not
more than Six Million Dollars ($6,000,000.00) tangible properties,
nor including valuation of homestead exemptions allowed, there is
*+,-11'121#+,, .;"$
hereby created in the office of the county treasurer of each county,
in addition to all other deputies authorized or provided by law, a
deputy for school accounts, for whose salary the county shall be
reimbursed out of the surplus revenues of the school districts
heretofore served wholly at county expense and whose accounts and
funds are kept by, and under the responsibility of, the county
treasurer, which reimbursement shall be in the manner hereinafter
provided.
Laws 1947, p. 491, § 1.
§70-135.1b. Bond and salary - Appointment - Duties.
Such deputy for school accounts shall be under the same amount
and class of bond, and be paid the same amount of salary out of the
salary appropriations made and approved for the office of such county
treasurer, as that of the head deputy county treasurer in such
county. His appointment shall be by, and he shall serve under and at
the direction of, such county treasurer. Under direction of the
county treasurer, it shall be his duty to devote his time and
attention to the keeping of the accounts of such county treasurer
with the several school districts of the county, of whatever class,
whose funds are in custody of such county treasurer and the
accounting for which such county treasurer is responsible under the
law; he shall keep the school district warrant registers and ledgers,
register and schedule for payment the obligations of such districts,
apportion school revenues, inspect and file duplicate claims where
required by law, record credits and payments and take trial balance
for control proof when required, make all reports to school boards
and other officers as may be required or provided by law, and do and
perform such other duties in relation to such school accounts,
including accounts, statistics, receipts, and reports in relation to
federal tax withholdings and teacher retirement, as the county
treasurer may require and direct.
Laws 1947, p. 491, § 2.
§70-135.1c. Reimbursement for expense.
Reimbursement to the county for the expense to such county for
the salary and bond of such deputy of school accounts shall be
accomplished in the following manner; the amount of the annual salary
of such deputy shall be ratably charged to each school district,
dependent and independent, so served, in ratio of the original local
appropriations finally approved in each such district so served to
the sum total of such original local appropriations finally approved.
As soon as any unappropriated surplus shall occur in the general fund
account of any such school district after the beginning of such
fiscal year sufficient for such reimbursement, before moving such
surplus forward to the same fund account for the next succeeding
fiscal year, the County Treasurer shall deduct the amount of
*+,-11'121#+,, .;"$$
reimbursement so determined as aforesaid, transfer the same and place
it to the credit of the general fund of the county.
Added by Laws 1947, p. 492, § 3, emerg. eff. May 16, 1947.
§70-135a. Office created - Reimbursement of county.
In each county having a population of not less than thirteen
thousand (13,000) nor more than twenty thousand (20,000) according to
the 1960 and each succeeding Federal Decennial Census and a valuation
of not more than Twelve Million Dollars ($12,000,000.00) tangible
properties, not including valuation of homestead exemptions allowed
in any year, there is hereby created in the office of the county
treasurer of each county, in addition to all other deputies
authorized or provided by law, a deputy for school accounts, for
whose salary the county shall be reimbursed out of the surplus
revenues of the school districts heretofore served wholly at county
expense and whose accounts and funds are kept by and under
responsibility of the county treasurer, which reimbursement shall be
in the manner hereinafter provided.
Added by Laws 1947, p. 366, § 1, emerg. eff. March 6, 1947. Amended
by Laws 1951, p. 332, § 1, emerg. eff. May 26, 1951; Laws 1953, p.
543, § 1, emerg. eff. March 4, 1953; Laws 1961, p. 562, § 1, emerg.
eff. June 29, 1961.
§70-135b. Bond and salary of deputy - Appointment - Duties.
Such deputy for school accounts shall be under the same amount
and class of bond, and be paid the same amount of salary out of the
salary appropriations made and approved for the office of such county
treasurer, as that of the head deputy county treasurer in such
county. His appointment shall be by, and he shall serve under and at
the direction of, such county treasurer. Under direction of the
county treasurer, it shall be his duty to devote his time and
attention to the keeping of the accounts of such county treasurer
with the several school districts of the county, of whatever class,
whose funds are in custody of such county treasurer and the
accounting for which such county treasurer is responsible under the
law; he shall keep the school district warrant registers and ledgers,
register and schedule for payment the obligations of such districts,
apportion school revenues, inspect and file duplicate claims where
required by law, record credits and payments and take trial balance
for control proof when required, make all reports to school boards
and other officers as may be required or provided by law, and do and
perform such other duties in relation to such school accounts,
including accounts, statistics, receipts, and reports in relation to
federal tax withholdings and teacher retirement, as the county
treasurer may require and direct.
Laws 1947, p. 366, § 2.
*+,-11'121#+,, .;"$(
§70-135c. Manner of reimbursing county.
Reimbursement to the county for the expense to such county for
the salary and bond of such deputy of school accounts shall be
accomplished in the following manner: The amount of the annual
salary of such deputy shall be ratably charged to each school
district, dependent and independent, so served, in ratio of the
original local appropriations finally approved in each such district
so served to the sum total of all such original local appropriations
finally approved. As soon as any unappropriated surplus shall accrue
in the general fund account of any such school district after the
beginning of such fiscal year sufficient for such reimbursement,
before moving such surplus forward to the same fund account for the
next succeeding fiscal year, the county treasurer shall deduct the
amount of reimbursement so determined as aforesaid, transfer the same
and place it to the credit of the general fund of the county.
Added by Laws 1947, p. 366, § 3, emerg. eff. March 6, 1947.
§70-136. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-137. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-138. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-139. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-140. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-181. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-182. Repealed by Laws 1941, p. 410, § 9.
§70-183. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-184. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-185. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-186. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-187. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-188. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-189. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-190. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;"$
§70-191. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-192. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-193. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-194. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-195. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-196. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-197. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-198. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-199. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-200. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-201. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-202. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-203. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-204. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-205. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-206. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-207. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-208. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-209. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-210. Repealed by Laws 1941, p. 289, § 6.
§70-211. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-212. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-213. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-214. Repealed by Laws 1951, p. 235, § 34.
*+,-11'121#+,, .;"$)
§70-251. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-252. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-253. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-254. Repealed by Laws 1939, p. 182, § 17.
§70-255. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-256. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-257. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-258. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-259. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-260. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-261. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-262. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-263. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-264. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-265. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-266. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-281. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-281a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-281b. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-282. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-283. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-284. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-285. Repealed by Laws 1941, p. 410, § 9.
*+,-11'121#+,, .;"$!
§70-286. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-287. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-301. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-302. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-303. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-304. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-305. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-306. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-307. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-308. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-309. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-310. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-311. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-312. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-321. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-322. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-323. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-324. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-325. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-326. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-327. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-328. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-329. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-330. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;"$
§70-331. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-332. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-333. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-334. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-335. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-336. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-351. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-352. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-353. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-354. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-355. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-356. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-357. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-358. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-359. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-360. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-361. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-362. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-363. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-364. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-365. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-366. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-367. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;"$"
§70-391. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-392. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-393. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-401. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-402. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-403. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-404. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-405. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-411. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-412. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-413. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-414. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-415. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-416. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-417. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-418. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-419. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-420. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-421. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-422. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-423. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-424. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-425. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-426. Repealed by Laws 1941, p. 464, § 4.
*+,-11'121#+,, .;"$
§70-427. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-428. Repealed by Laws 1941, pp. 463, 464, § 3.
§70-451. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-452. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-453. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-454. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-455. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-456. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-457. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-457.1. Repealed by Laws 1965, c. 8, § 1, ef. Feb. 9, 1965.
§70-458. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-459. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-460. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-461. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-462. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-463. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-464. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-465. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-466. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-467. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-468. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-469. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-470. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;"(
§70-471. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-491. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-492. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-493. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-494. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-495. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-496. Repealed by Laws 1941, p. 416, § 8.
§70-497. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-498. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-499. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-500. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-501. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-502. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-503. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-504. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-505.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;"(
§70-505.7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-505.13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-506.1. Enactment of Compact - Text.
The compact for education is hereby entered into and enacted into
law with all jurisdictions legally joining therein, in the form
substantially as follows:
COMPACT FOR EDUCATION
ARTICLE I. PURPOSE AND POLICY
A. It is the purpose of this Compact to:
1. Establish and maintain close cooperation and understanding
among executive, legislative, professional educational and lay
leadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development,
crystallization and recommendation of public policy alternatives in
the field of education.
3. Provide a clearinghouse of information on matters relating to
educational problems and how they are being met in different places
throughout the nation, so that the executive and legislative branches
of state government and of local communities may have ready access to
the experience and record of the entire country, and so that both lay
and professional groups in the field of education may have additional
avenues for the sharing of experience and the interchange of ideas in
the formation of public policy in education. 4. Facilitate the
improvement of state and local educational systems so that all of
them will be able to meet adequate and desirable goals in a society
which requires continuous qualitative and quantitative advice in
educational opportunities, methods and facilities.
*+,-11'121#+,, .;"($
B. It is the policy of this Compact to encourage and promote
local and state initiative in the development, maintenance,
improvement and administration of educational systems and
institutions in a manner which will accord with the needs and
advantages of diversity among localities and states.
C. The party states recognize that each of them has an interest
in the quality and quantity of education furnished in each of the
other states, as well as in the excellence of its own educational
systems and institutions, because of the highly mobile character of
individuals within the nation, and because the products and services
contributing to the health, welfare and economic advancement of each
state are supplied in significant part by persons educated in other
states.
ARTICLE II. STATE DEFINED
As used in this Compact, "State" means a state, territory, or
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
ARTICLE III. THE COMMISSION
A. The Educational Commission of the states, hereinafter called
"the Commission", is hereby established. The Commission shall
consist of seven (7) members representing each party state. One of
such members shall be the Governor; two shall be members of the State
Legislature selected by its respective houses and serving in such
manner as the Legislature may determine; one shall be the Chancellor
of the State Regents for Higher Education; one shall be the State
Superintendent of Public Instruction; and two shall be appointed by
and serve at the pleasure of the Governor, unless the laws of the
state otherwise provide. If the laws of a state prevent legislators
from serving on the Commission, six members shall be appointed by and
serve at the pleasure of the Governor, unless the laws of the state
otherwise provide. In addition to any other principles or
requirements which a state may establish for the appointment and
service of its members of the Commission, the guiding principle for
the composition of the membership on the Commission from each party
state shall be that the members representing such state shall, by
virtue of their training, experience, knowledge or affiliations be in
a position collectively to reflect broadly the interests of the state
government, higher education, the state education system, local
education, lay and professional, public, and nonpublic educational
leadership. Of those appointees, one shall be the head of a state
agency or institution, designated by the Governor, having
responsibility for one or more programs of public education. In
addition to the members of the Commission representing the party
states, there may be not to exceed ten nonvoting Commissioners
selected by the steering committee for terms of one year. Such
Commissioners shall represent leading national organizations of
*+,-11'121#+,, .;"((
professional educators or persons concerned with educational
administration.
B. The members of the Commission shall be entitled to one vote
each on the Commission. No action of the Commission shall be binding
unless taken at a meeting at which a majority of the total number of
votes on the Commission are cast in favor thereof. Action of the
Commission shall be only at a meeting at which a majority of the
Commissioners are present. The Commission shall meet at least once a
year. In its bylaws, and subject to such directions and limitations
as may be contained therein, the Commission may delegate the exercise
of any of its powers to the steering committee or the Executive
Director, except for the power to approve budgets or requests for
appropriations, the power to make policy recommendations pursuant to
Article IV and adoption of the annual report pursuant to Article
III(j).
C. The Commission shall have a seal.
D. The Commission shall elect annually, from among its members,
a chairman, who shall be a Governor, a vice-chairman and a treasurer.
The Commission shall provide for the appointment of an executive
director. Such executive director shall serve at the pleasure of the
Commission, and together with the treasurer and such other personnel
as the Commission may deem appropriate shall be bonded in such amount
as the Commission shall determine. The executive director shall be
secretary.
E. Irrespective of the civil service, personnel or other merit
system laws of any of the party states, the Executive Director
subject to the approval of the steering committee shall appoint,
remove or discharge such personnel as may be necessary for the
performance of the functions of the Commission, and shall fix the
duties and compensation of such personnel. The Commission in its
bylaws shall provide for the personnel policies and programs of the
Commission.
F. The Commission may borrow, accept or contract for the
services of personnel from any party jurisdiction, the United States,
or any subdivision or agency of the aforementioned governments, or
from any agency of two or more of the party jurisdictions or their
subdivisions.
G. The Commission may accept for any of its purposes and
functions under this Compact any and all donations, and grants of
money, equipment, supplies, materials and services, conditional or
otherwise, from any state, the United States or any other
governmental agency, or from any person, firm, association,
foundation, or corporation, and may receive, utilize and dispose of
the same. Any donation or grant accepted by the Commission pursuant
to this paragraph or services borrowed pursuant to paragraph (f) of
this article shall be reported in the annual report of the
Commission. Such report shall include the nature, amount and
*+,-11'121#+,, .;"(
conditions, if any, of the donation, grant, or services borrowed, and
the identity of the donor or lender.
H. The Commission may establish and maintain such facilities as
may be necessary for the transacting of its business. The Commission
may acquire, hold, and convey real and personal property and any
interest therein.
I. The Commission shall adopt bylaws for the conduct of its
business and shall have the power to amend and rescind these bylaws.
The Commission shall publish its bylaws in convenient form and shall
file a copy thereof and a copy of any amendment thereto, with the
appropriate agency or officer in each of the party states.
J. The Commission annually shall make to the Governor and
Legislature of each party state a report covering the activities of
the Commission for the preceding year. The Commission may make such
additional reports as it may deem desirable.
ARTICLE IV. POWERS
In addition to authority conferred on the Commission by other
provisions of the compact, the Commission shall have authority to:
1. Collect, correlate, analyze and interpret information and
data concerning educational needs and resources.
2. Encourage and foster research in all aspects of education,
but with special reference to the desirable scope of instruction,
organization, administration, and instructional methods and standards
employed or suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a
whole and at each of its many levels.
4. Conduct or participate in research of the types referred to
in this article in any instance where the Commission finds that such
research is necessary for the advancement of the purposes and
policies of this Compact, utilizing fully the resources of national
associations, regional compact organizations for higher education,
and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of
public education as a whole, or for any segment thereof, and make
recommendations with respect thereto available to the appropriate
governmental units, agencies and public officials.
6. Do such other things as may be necessary or incidental to the
administration of any of its authority or functions pursuant to this
Compact.
ARTICLE V. COOPERATION WITH FEDERAL GOVERNMENT
A. If the laws of the United States specifically so provide, or
if administrative provision is made therefor within the federal
government, the United States may be represented on the Commission by
not to exceed ten representatives. Any such representative or
representatives of the United States shall be appointed and serve in
such manner as may be provided by or pursuant to federal law, and may
*+,-11'121#+,, .;"()
be drawn from any one or more branches of the federal government, but
no such representative shall have a vote on the Commission.
B. The Commission may provide information and make
recommendations to any executive or legislative agency or officer of
the federal government concerning the common educational policies of
the state, and may advise with any such agencies or officers
concerning any matter of mutual interest.
ARTICLE VI. COMMITTEES
A. To assist in the expeditious conduct of its business when the
full Commission is not meeting, the Commission shall elect a Steering
Committee of thirty (30) members which, subject to the provisions of
this compact and consistent with the policies of the Commission,
shall be constituted and function as provided in the by-laws of the
Commission. One-third of the voting membership of the Steering
Committee shall consist of Governors, and the remainder shall consist
of other members of the Commission. A federal representative on the
Commission may serve with the Steering Committee, but without vote.
The voting members of the Steering Committee shall serve for terms of
two (2) years, except that members elected to the first Steering
Committee of the Commission shall be elected as follows: fifteen for
one (1) year and fifteen for two (2) years. The Chairman, Vice
Chairman, and Treasurer of the Commission shall be members of the
Steering Committee and, anything in this paragraph to the contrary
notwithstanding, shall serve during their continuance in these
offices. Vacancies in the Steering Committee shall not affect its
authority to act, but the Commission at its next regularly ensuing
meeting following the occurrence of any vacancy shall fill it for the
unexpired term. No person shall serve more than two terms as a
member of the steering committee: provided that service for a partial
term of one (1) year or less shall not be counted toward the two term
limitation.
B. The Commission may establish advisory and technical
committees composed of state, local, and federal officials, and
private persons to advise it with respect to any one or more of its
functions. Any advisory or technical committee may, on request of
the states concerned, be established to consider any matter of
special concern to two or more of the party states.
C. The Commission may establish such additional committees as
its bylaws may provide.
ARTICLE VII. FINANCE
A. The Commission shall advise the Governor or designated
officer or officers of each party state of its budget and estimated
expenditures for such period as may be required by the laws of that
party state. Each of the Commission's budgets of estimated
expenditures shall contain specific recommendations of the amount or
amounts to be appropriated by each of the party states.
*+,-11'121#+,, .;"(!
B. The total amount of appropriation requests under any budget
shall be apportioned among the party states. In making such
apportionment, the Commission shall devise and employ a formula which
takes equitable account of the populations and per capita income
levels of the party states.
C. The Commission shall not pledge the credit of any party
states. The Commission may meet any of its obligations in whole or
in part with funds available to it pursuant to Article III(g) of this
Compact, provided that the Commission takes specific action setting
aside such funds prior to incurring an obligation to be met in whole
or in part in such manner. Except where the Commission makes use of
funds available to it pursuant to Article III(g) thereof, the
Commission shall not incur any obligation prior to the allotment of
funds by the party states adequate to meet the same.
D. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the audit and accounting procedures established
by its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a qualified
public accountant, and the report of the audit shall be included in
and become part of the annual reports of the Commission.
E. The accounts of the Commission shall be open at any
reasonable time for inspection by duly constituted officers of the
party states and by any persons authorized by the Commission.
F. Nothing contained herein shall be construed to prevent
Commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any government contributing to the
support of the Commission.
ARTICLE VIII. ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL
A. This compact shall have as eligible parties all states,
territories, and possessions of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico. In respect of any
such jurisdiction not having a Governor, the term "Governor", as used
in this compact, shall mean the closest equivalent official of such
jurisdiction.
B. Any state or other eligible jurisdiction may enter into this
compact and it shall become binding thereon when it has adopted the
same: provided that in order to enter into initial effect, adoption
by at least ten eligible party jurisdictions shall be required.
C. Adoption of the compact may be either by enactment thereof or
by adherence thereto by the Governor; provided that in the absence of
enactment, adherence by the Governor shall be sufficient to make his
state a party only until December 31, 1967. During any period when a
state is participating in this compact through gubernatorial action,
the Governor shall appoint those persons who, in addition to himself,
shall serve as the members of the Commission from his state, and
*+,-11'121#+,, .;"(
shall provide to the Commission an equitable share of the financial
support of the Commission from any source available to him.
D. Except for a withdrawal effective on December 31, 1967, in
accordance with paragraph C of this article, any party state may
withdraw from this compact by enacting a statute repealing the same,
but no such withdrawal shall take effect until one year after the
Governor of the withdrawing state has given notice in writing of the
withdrawal to the Governors of all other party states. No withdrawal
shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
ARTICLE IX. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any state or of the
United States, or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
Government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution
of any state participating therein, the compact shall remain in full
force and effect as to the State affected as to all severable
matters.
Added by Laws 1967 c. 123, § 1, emerg. eff. Apr. 27, 1967.
§70-506.2. Repealed by Laws 1976, c. 22, § 5, oper. July 1, 1976.
§70-506.3. Bylaws - Filing.
Pursuant to Article III(I) of the Compact, the Commission shall
file a copy of its bylaws and any amendment thereto with the State
Department of Education, with the State Librarian and with the
Secretary of State.
Laws 1967, c. 123, § 3, emerg. eff. April 27, 1967.
§70-507.1. Repealed by Laws 1982, c. 342, § 13, emerg. eff. June 2,
1982.
§70-507.2. Repealed by Laws 1982, c. 342, § 13, emerg. eff. June 2,
1982.
§70-507.3. Repealed by Laws 1982, c. 342, § 13, emerg. eff. June 2,
1982.
§70-507.4. Repealed by Laws 1982, c. 342, § 13, emerg. eff. June 2,
1982.
§70-508.1. Enactment of Agreement - Text.
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The Interstate Agreement on Qualification of Educational
Personnel is hereby enacted into law and entered into with all
jurisdiction legally joining therein, in the form substantially as
follows:
ARTICLE I. PURPOSE, FINDINGS, AND POLICY
1. The states party to this Agreement, desiring by common action
to improve their respective school systems by utilizing the teacher
or other professional educational person wherever educated, declare
that it is the policy of each of them, on the basis of cooperation
with one another, to take advantage of the preparation and experience
of such persons wherever gained, thereby serving the best interests
of society, of education, and of the teaching profession. It is the
purpose of this Agreement to provide for the development and
execution of such programs of cooperation as will facilitate the
movement of teachers and other professional educational personnel
among the states party to it, and to authorize specific interstate
educational personnel contracts to achieve that end.
2. The party states find that included in the large movement of
population among all sections of the nation are many qualified
educational personnel who move for family and other personal reasons
but who are hindered in using their professional skill and experience
in their new locations. Variations from state to state in
requirements for qualifying educational personnel discourage such
personnel from taking the steps necessary to qualify in other states.
As a consequence, a significant number of professionally prepared and
experienced educators is lost to our school systems. Facilitating the
employment of qualified educational personnel, without reference to
their states of origin, can increase the available educational
resources. Participation in this compact can increase the
availability of educational manpower.
ARTICLE II. DEFINITIONS
As used in this Agreement and contracts made pursuant to it,
unless the context clearly requires otherwise:
1. "Educational personnel" means persons who must meet
requirements pursuant to state law as a condition of employment in
educational programs.
2. "Designated State official" means the education official of a
state selected by that state to negotiate and enter into, on behalf
of his state, contracts pursuant to this Agreement.
3. "Accept", or any variant thereof, means to recognize and give
effect to one or more determinations of another state relating to the
qualifications of educational personnel in lieu of making or
requiring a like determination that would otherwise be required by or
pursuant to the laws of a receiving state.
4. "State" means a state, territory, or possession of the United
States; the District of Columbia; or the Commonwealth of Puerto Rico.
*+,-11'121#+,, .;"(
5. "Originating State" means a state (and the subdivision
thereof, if any) whose determination that certain educational
personnel are qualified to be employed for specific duties in schools
is acceptable in accordance with the terms of a contract made
pursuant to Article III.
6. "Receiving State" means a state (and the subdivisions
thereof) which accept educational personnel in accordance with the
terms of a contract made pursuant to Article III.
ARTICLE III. INTERSTATE EDUCATIONAL
PERSONNEL CONTRACTS
1. The designated state official of a party state may make one
or more contracts on behalf of his state with one or more other party
states providing for the acceptance of educational personnel. Any
such contract for the period of its duration shall be applicable to
and binding on the states whose designated state officials enter into
it, and the subdivisions of those states, with the same force and
effect as if incorporated in this Agreement. A designated state
official may enter into a contract pursuant to this article only with
states in which he finds that there are programs of education,
certification standards or other acceptable qualifications that
assure preparation or qualification of educational personnel on a
basis sufficiently comparable, even though not identical, to that
prevailing in his own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in
qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as
shall aid the practical effectuation of the contract without
sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this Agreement shall be for a
term longer than five (5) years but any such contract may be renewed
for like or lesser periods.
4. Any contract dealing with acceptance of educational personnel
on the basis of their having completed an educational program shall
specify the earliest date or dates on which originating State
approval of the program or programs involved can have occurred. No
contract made pursuant to this Agreement shall require acceptance by
a receiving state of any persons qualified because of successful
completion of a program prior to January 1, 1954.
5. The certification or other acceptance of a person who has
been accepted pursuant to the terms of a contract shall not be
revoked or otherwise impaired because the contract has expired or
been terminated. However, any certificate or other qualifying
document may be revoked or suspended on any ground which would be
sufficient for revocation or suspension of a certificate or other
*+,-11'121#+,, .;"
qualifying document initially granted or approved in the receiving
state.
6. A contract committee composed of the designated state
officials of the contracting states or their representatives shall
keep the contract under continuous review, study means of improving
its administration, and report no less frequently than once a year to
the heads of the appropriate education agencies of the contracting
states.
ARTICLE IV. APPROVED AND ACCEPTED PROGRAMS
1. Nothing in this Agreement shall be construed to repeal or
otherwise modify any law or regulation of a party state relating to
the approval of programs of educational preparation having effect
solely on the qualification of educational personnel within that
state.
2. To the extent that contracts made pursuant to this Agreement
deal with the educational requirements for the proper qualification
of educational personnel, acceptance of a program of educational
preparation shall be in accordance with such procedures and
requirements as may be provided in the applicable contract.
ARTICLE V. INTERSTATE COOPERATION
The party states agree that:
1. They will, so far as practicable, prefer the making of
multilateral contracts pursuant to Article III of this Agreement.
2. They will facilitate and strengthen cooperation in interstate
certification and other elements of educational personnel
qualification and for this purpose shall cooperate with agencies,
organizations, and associations interested in certification and other
elements of educational personnel qualification.
ARTICLE VI. AGREEMENT EVALUATION
The designated state officials of any party states may meet from
time to time as a group to evaluate progress under the Agreement, and
to formulate recommendations for changes.
ARTICLE VII. OTHER ARRANGEMENTS
Nothing in this Agreement shall be construed to prevent or
inhibit other arrangements or practices of any party state or states
to facilitate the interchange of educational personnel.
ARTICLE VIII. EFFECT AND WITHDRAWAL
1. This Agreement shall become effective when enacted into law
by two states. Thereafter it shall become effective as to any State
upon its enactment of this Agreement.
2. Any party state may withdraw from this Agreement by enacting
a statute repealing the same, but no such withdrawal shall take
effect until one (1) year after the Governor of the withdrawing state
has given notice in writing of the withdrawal to the Governors of all
other party states.
3. No withdrawal shall relieve the withdrawing state of any
obligation imposed upon it by a contract to which it is a party. The
*+,-11'121#+,, .;"
duration of contracts and the methods and conditions of withdrawal
therefrom shall be those specified in their terms.
ARTICLE IX. CONSTRUCTION AND SEVERABILITY
This Agreement shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Agreement shall be
severable and if any phrase, clause, sentence, or provision of this
Agreement is declared to be contrary to the Constitution of any state
or of the United States, or the application thereof to any
Government, agency, person, or circumstance is held invalid, the
validity of the remainder of this Agreement and the applicability
thereof to any government, agency, person, or circumstance shall not
be affected thereby. If this agreement shall be held contrary to the
Constitution of any state participating therein, the Agreement shall
remain in full force and effect as to the state affected as to all
severable matters.
Added by Laws 1970, c. 248, § 1, eff. July 1, 1970.
§70-508.2. Designated state official.
The "designated state official" for this State shall be State
Superintendent of Public Instruction. The State Superintendent of
Public Instruction shall enter into contracts pursuant to Article III
of the Agreement only with the approval of the specific text thereof
by the State Board of Education.
Laws 1970, c. 248, § 2, eff. July 1, 1970.
§70-508.3. Filing and publishing of contracts.
True copies of all contracts made on behalf of this state
pursuant to the Agreement shall be kept on file in the State
Department of Education and in the office of the Secretary of State.
The State Department of Education shall publish all such contracts in
convenient form.
Laws 1970, c. 248, § 3, eff. July 1, 1970.
§70-508.4. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§70-509.1. Purpose - Jurisdiction.
It is the purpose of this act to strengthen methods of
administering employer-employee relations through the establishment
of an orderly process of communications between school employees and
the school district. The district courts are vested with
jurisdiction to prevent and restrain violations of this act and shall
have jurisdiction in all other cases arising under this act to grant
relief to the employer or recognized employee organization for
violations of this act using procedures set forth in Sections 1381
through 1397 of Title 12 of the Oklahoma Statutes.
Amended by Laws 1983, c. 120, § 1, emerg. eff. May 17, 1983.
*+,-11'121#+,, .;"$
§70-509.2. Recognition of employee organization - Bargaining unit
defined - Petition for election - Conduct of election.
A. The board of education shall recognize an employee
organization designated by an election of the employees in an
appropriate bargaining unit as the exclusive representative of all
the employees in such unit. The members of an employee organization
shall be employees as defined in paragraphs 1, 2 and 3 of this
subsection and Section 1-116 of this title. The recognition of such
employee organization shall be made by the board no later than
fourteen (14) days after the election. Any person who desires not to
be represented by any organization may so state in writing to his or
her board of education. Appropriate bargaining units are defined as
follows; however, such definition shall not be construed, of itself,
as requiring that bargaining units engage in bargaining or act to
disengage from bargaining:
1. Employees who are employed and certified as principals and
assistant principals and who have responsibilities for the
supervision of classroom teachers shall constitute an appropriate
unit;
2. All other employees who are required by the position in which
employed to be certified as teachers as that term is defined in
Section 1-116 of this title and who do not hold supervisory authority
with respect to other teachers in the district shall constitute an
appropriate unit; and
3. All employees who are not required by their job description
to be a principal, certified teacher, superintendent or other
certified or noncertified administrator shall constitute a separate
bargaining unit. Provided that, employees with access to
confidential, labor relations information of the school district, or
managerial employees whose responsibilities include making employment
recommendations to the superintendent and for which their position
does not require a certificate, shall be excluded from this or other
bargaining units. Also excluded is any employee position agreed to
be excluded from the bargaining unit by the employee organization and
the school district.
Provided, if employees categorized according to paragraphs 2 and
3 of this subsection were organized for bargaining as a single unit
as of April 14, 1986, or are at any time employed in a district
having fewer than seventy-five employees in the two categories taken
together, the employees may, for such time as a majority of the
employees in each category indicate by secret ballot vote they share
a single community of interest, constitute a single appropriate unit.
Further provided, any final judgment of the Supreme Court denying
such community of interest in any school district shall have the
effect of rendering inappropriate all units, in whatever school
districts they exist, which include employees of both categories.
*+,-11'121#+,, .;"(
B. 1. Within seven (7) business days of receiving a sealed
packet containing an employee petition filed by or on behalf of
thirty-five percent (35%) or more of the employees in a unit, such
petition calling for an election to determine which, if any, employee
organization represents the employees in a bargaining unit, the board
shall arrange for verification that there are a sufficient number of
correct names to constitute at least thirty-five percent (35%) of the
employees in the unit. Such arrangements shall include the
transmitting of the sealed packet and a list of employees eligible to
be included in the bargaining unit to the individual designated
pursuant to the provisions of paragraph 2 of this subsection.
2. The petition calling for the secret ballot election shall
contain only the names of employees of the bargaining unit who have
signed and dated the petition. Within thirty (30) days of receipt of
the sealed packet by the district court judge in and for the county
in which the school district has its main office, the sealed packet
shall be opened and the petition shall be verified by an individual
designated by the district judge of such court for the county in
which the school district has its main office. Upon verification of
the number of signatures on the petition, the district court judge
shall notify in writing the district board of education and any
employee organization that has requested notice of the verification.
Under no circumstances shall the individual so designated reveal the
names of employees who signed or did not sign the petition. If an
employee has signed more than one petition, the name of the employee
shall be removed from each petition.
3. The period of time for signing of a recognition petition
shall commence upon receipt of written notification by the school
board from an organization indicating that it intends to circulate a
petition and shall cease thirty (30) days thereafter. Provided, if
an organization recognized as representative of a unit for bargaining
is being challenged for discontinuation of representation as provided
in paragraph 7 of subsection C of this section or is being challenged
by another organization seeking recognition, the period for signing
shall commence on the first day of February and end on the last day
of that same February.
C. 1. Not less than forty-five (45) days nor more than sixty
(60) days after receipt of notification that the petition has been
verified as sufficient, a secret ballot election shall be held to
determine which, if any, employee organization shall represent the
unit. No election shall be held for a unit within which a valid
election was held in the preceding two (2) years.
On or after March 2, 1995, the board shall recognize within ten
(10) days an organization which has obtained signed authorization
from a majority of the employees eligible to be included in the unit
but has not been recognized. No election shall be held for such unit
within two (2) years of recognition. An appropriate election ballot
*+,-11'121#+,, .;"
shall be printed for this election, which contains the names of all
employee organizations having presented a petition verified as signed
by at least thirty-five percent (35%) of the employees eligible to be
in the unit to represent or currently recognized as representing the
unit; provided, no such organization shall be shown on the ballot
unless the organization pays to the board a filing fee of Two Hundred
Fifty Dollars ($250.00). The ballot shall also provide an option
whereby any employee of the unit may indicate a preference that the
unit not be represented by any organization. Every organization that
receives at least fifteen percent (15%) of the vote in the election
shall be reimbursed the Two Hundred Fifty Dollars ($250.00) by the
board. The board shall use any remaining filing fee money to help
offset the cost of the validation process of the petition, if any, as
well as any election costs incurred.
2. When none of the choices on the ballot receives a majority of
the votes, a runoff election shall be conducted on the fourteenth day
following the first election between the two choices which received
the largest number of votes in the preceding election.
3. The employee organization or organizations and the school
board shall, by agreement, determine the method by which each
election shall be conducted. All costs incurred in an election shall
be shared equally by all parties involved.
If no agreement can be reached by thirty (30) days prior to the
election, the board of education shall notify the county election
board of the county in which the board is located of such fact, and
the following method for conducting the secret ballot election shall
be followed and conducted by the county election board:
a. At the time of such notice, the board of education
shall provide to the county election board:
(1) a list of all the polling places for the election,
such list to include every middle school or junior
high school and the central administration office
in the district;
(2) a list of names of all the persons eligible to
vote in the election, such list to be in
alphabetical order and duplicated in such number
that there shall be one for each polling place,
plus an additional five copies;
(3) the names of each organization entitled to have
its name appear on the ballot; and
(4) the date of the election which shall not be a
special election date specified by subsection B of
Section 3-101 of Title 26 of the Oklahoma
Statutes.
b. Ballots for the election shall be printed by the county
election board in the same manner as for other
elections conducted by the county election board,
*+,-11'121#+,, .;")
insofar as is possible. The names of organizations
shall be listed on the ballot in the order in which
said names are furnished to the county election board
by the board of education. The option specifying that
no organization shall represent the employee bargaining
unit shall be listed last on the ballot, in such
language as may be specified by the board.
c. The secretary of the county election board shall
appoint an inspector, judge and clerk for each polling
place. The inspector, judge and clerk shall be
selected from among the regular precinct officials in
the county.
d. Polling places shall be open from 7:00 a.m. to 7:00
p.m. on the day of the election. Any eligible person
who appears to vote no later than 7:00 p.m. shall be
entitled to vote.
e. Eligible voters may vote after signing their signatures
beside their names on the list of names of all the
persons eligible to vote in the election. The voter
shall place his or her ballot in the ballot box in the
presence of the inspector.
f. Each organization entitled to have its name appear on
the ballot shall be permitted to appoint one challenger
at each polling place. Each such challenger shall be
properly identified as such, and shall be limited to
inquiring of a prospective voter, said prospective
voter's name, address, job classification and work
site. The challenger may challenge the right of any
prospective voter to vote by so informing the judge.
Upon being so challenged, the prospective voter may
vote if, after being informed by the judge of such a
challenge, the voter signs his or her signature beside
his or her name on the list of names of all the persons
eligible to vote in the election. If same occurs, the
judge shall write the words "Challenged by _____"
beside the voter's signature.
g. The county election board shall certify in writing the
results of the election to the board of education on
the day following the election and on the same day
shall mail a copy of the certification to all employee
organizations that have requested copies of the
certification.
h. Costs of the election shall be paid to the county
election board by the board of education. The costs
shall include the regular salaries of the inspector,
judge, and clerk, in addition to all other necessary
and reasonable costs. Such costs shall include
*+,-11'121#+,, .;"!
compensation for members of the county election board,
including the secretary.
i. Anyone guilty of voting more than one time in the
election will be guilty of a misdemeanor and subject to
a fine of Two Hundred Dollars ($200.00) or thirty (30)
days in the county jail.
4. No employee shall use regularly scheduled duty time for
campaign purposes.
5. A list of the employees eligible to vote in the election
including their names, addresses, phone numbers, job classification
and work site shall be provided not less than fourteen (14) days
before the election to each organization listed on the official
ballot.
6. Any board or organization challenging the results of any
election held pursuant to the provisions of this section shall post
with the district court a bond of One Thousand Dollars ($1,000.00)
which shall be forfeited if the court finds that the challenge is in
bad faith.
7. In any February more than two (2) years after recognition of
an organization pursuant to the provisions of this section and upon
the receipt of a petition calling for discontinuation of
representation signed by thirty-five percent (35%) of the employees
eligible to be included in the unit, a board shall call an election
to determine whether the members of a unit wish to discontinue being
represented for bargaining. If a majority of the votes cast are
votes to discontinue representation, efforts to gain recognition by
any organization shall be prohibited for a period of two (2) years
commencing with the expiration of the contract then in force. The
ballots used in such election shall, without reference to any
organization by name, offer the single choice of continued
representation or discontinuation of representation.
Added by Laws 1971, c. 325, § 2. Amended by Laws 1978, c. 221, § 1,
emerg. eff. April 24, 1978; Laws 1982, c. 102, § 1; Laws 1986, c.
130, § 1, emerg. eff. April 14, 1986; Laws 1989, c. 260, § 1; Laws
1993, c. 100, § 1, eff. July 1, 1993; Laws 1994, c. 345, § 2, eff.
July 1, 1994; Laws 1995, c. 1, § 28, emerg. eff. March 2, 1995; Laws
2000, c. 358, § 13, eff. July 1, 2000; Laws 2008, c. 439, § 7, eff.
July 1, 2008; Laws 2014, c. 124, § 24, eff. July 1, 2014.
NOTE: Laws 1994, c. 190, § 1 repealed by Laws 1995, c. 1, § 40,
emerg. eff. March 2, 1995.
§70-509.2a. Bargaining unit determination of bargaining election
dispute - Procedure - Appeal.
A. In the event of a bargaining unit determination or a
bargaining election dispute, the following procedure shall apply:
1. In the event of a bargaining election dispute, within seven
(7) calendar days of receipt of verification of number of signatures
*+,-11'121#+,, .;"
on the petition from the county election board or the receipt of
election results from the county election board or other organization
agreed upon by the parties to conduct the election, either party
shall give notice in writing of a dispute and the facts on which the
dispute is based to the other parties involved, and the State
Superintendent of Public Instruction requesting appointment of a
dispute resolution committee. In the event of a bargaining unit
determination dispute either party shall give notice in writing of a
dispute and the facts on which the dispute is based to the other
parties involved, and the State Superintendent of Public Instruction
requesting appointment of a dispute resolution committee. The status
quo that existed between the parties prior to the incident giving
rise to the dispute shall be maintained through the resolution of the
dispute including district court proceedings unless the court orders
otherwise upon proper application by a party; any election scheduled
pursuant to a disputed petition shall be stayed pending resolution of
the dispute including district court proceedings;
2. Within ten (10) days of receipt of notification that a
dispute resolution committee is needed, the State Superintendent of
Public Instruction shall form a dispute resolution committee
consisting of three (3) members selected at random from the list of
fact-finders maintained by the State Board of Education pursuant to
Section 509.7 of Title 70 of the Oklahoma Statutes. The State
Superintendent shall notify the members of the committee of their
selection and set a date for the committee's first meeting to be held
no later than seven (7) calendar days following selection of the
committee. The committee shall elect a chair at its first meeting;
3. Within five (5) calendar days after the selection of the
chair, the representatives of the parties involved in the dispute
shall present to the members of the committee written comments on the
issues related to the dispute. Each party shall furnish the other
parties copies of documents presented to the committee. Within
fifteen (15) calendar days of selection of the chair, the chair shall
convene the committee for a meeting with the representatives of the
parties. Within twenty (20) calendar days of selection of the chair,
the committee shall present its findings and recommendations in
writing to the board of education and other parties involved in the
dispute;
4. If any party decides to reject the committee's
recommendations the party must, within seven (7) days after receipt
of the committee's written recommendation, request a meeting of the
parties involved in the dispute. At the meeting the parties shall
exchange written statements expressing their rationale for rejecting
any recommendation and shall attempt to clarify differences;
5. At any time following issuance of the dispute resolution
committee's findings and recommendations but prior to the initiation
of judicial review, the committee shall provide necessary
*+,-11'121#+,, .;""
clarification to all parties at the request of any party. The
committee shall provide written clarification within ten (10)
calendar days of the request;
6. The local board shall file a copy of the written findings and
recommendations, including any written clarifications, of the dispute
resolution committee with the Office of the State Superintendent of
Public Instruction. If the effort to resolve differences is
successful, the parties shall forward a copy of their agreement to
the State Superintendent of Public Instruction. If the effort to
resolve differences is unsuccessful, the local board of education
shall notify the State Superintendent of Public Instruction in
writing of the parties' inability to agree;
7. Within fifteen (15) calendar days of the date of notification
of the parties' inability to agree any party may appeal for judicial
review of the committee's findings and recommendations in the
district court of the county in which the administrative office of
the school district is located. The review shall be conducted by the
court without a jury and shall be confined to the written record
consisting of the dispute resolution committee's findings and
recommendations, written statements furnished to the dispute
resolution committee by the parties, and written statements exchanged
among the parties as required in this section. In cases of alleged
irregularities in procedures required in this section, the court may
take testimony. The court, upon request or upon its own motion,
shall hear oral argument and receive written briefs; and
8. The court shall accept the dispute resolution committee's
findings and order the parties to comply with the dispute resolution
committee's recommendations if the findings and recommendations are
found to be valid and the proceedings are found to be free of
prejudicial error to any party. Provided the court may enter an
order overruling the committee's findings and recommendations, in
whole or in part, and order its resolution of the dispute, if the
court finds that the committee's findings, inferences, conclusions,
or decisions are:
a. in violation of constitutional provisions,
b. in excess of the authority of the committee,
c. made upon unlawful procedure,
d. affected by other error of law,
e. clearly erroneous in view of the reliable, material,
probative, and competent evidence, including matters
properly noticed by the committee, upon examination and
consideration of the entire record as submitted but
without otherwise substituting its judgment as to the
weight of the evidence for that of the committee on
question of fact,
f. arbitrary or capricious, or
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g. lacking findings of fact upon issues essential to the
decision.
The court's final order shall be issued no later than sixty (60) days
following the date the appeal is filed.
B. An aggrieved party without a motion for a new trial may
secure a review of any final judgment of a district court under this
section by appeal to the Oklahoma Supreme Court. The appeal shall be
taken in the manner and time provided by law for appeal to the
Supreme Court from the district court in civil actions.
Added by Laws 1994, c. 190, § 3, eff. July 1, 1994.
§70-509.3. Local board representatives.
The local board shall choose representatives who shall bargain
for the board, and the recognized organization shall choose
representatives who shall bargain for the organization. The local
board representatives shall be presently serving on the board or
employed by said board and no other person shall represent the board.
Provided nothing herein shall prohibit the employment of legal
counsel for consultative purposes by local board or organization.
Amended by Laws 1986, c. 130, § 2, emerg. eff. April 14, 1986.
§70-509.4. Repealed by Laws 1986, c. 130, § 7, emerg. eff. April 14,
1986.
§70-509.5. Repealed by Laws 1986, c. 130, § 7, emerg. eff. April 14,
1986.
§70-509.6. Meetings with representatives – Good-faith negotiations.
Once an organization has been recognized, the board of education
or its duly designated representative must meet with the duly
designated representative of the organization and within sixty (60)
days shall complete an agreement outlining negotiation procedures.
The board of education and the representatives of the organization
must negotiate in good faith on wages, hours, fringe benefits and
other terms and conditions of employment. One-time incentive pay and
one-time retention incentive pay for returning a second year shall
not be subject to a negotiated agreement. To negotiate in good faith
shall mean both parties must be willing to consider proposals in an
effort to find a mutually satisfactory basis for agreement and must
be willing to discuss their respective contract proposals. If either
party objects to the other's contract proposals, the objecting party
must support its objections with rationale. Any allegation by either
party that there has been a failure to comply with the provisions of
this section shall be resolved through the dispute resolution
procedure for resolving a unit determination dispute as set forth in
subsection A of Section 509.2 of this title.
*+,-11'121#+,, .;")
Added by Laws 1971, c. 325, § 6. Amended by Laws 1986, c. 130, § 3,
emerg. eff. April 14, 1986; Laws 1986, c. 293, § 1; Laws 1994, c.
319, § 5, eff. Sept. 1, 1994; Laws 2015, c. 56, § 2, eff. Nov. 1,
2015.
§70-509.7. Impasses - Procedure.
A procedure for resolving impasses will be developed by the board
of education and the representatives of the organization. Said
procedure shall include the actions set forth in this section and may
include such other actions as are agreed to by both parties. Unless
otherwise provided for by law, "days" means calendar days. Time
limits set forth herein may be extended by mutual agreement of the
parties.
A. If negotiations are not successfully concluded by the first
day of school, impasse shall exist. At any earlier time, either
party may declare impasse. Upon reaching of impasse, the items
causing the impasse shall be referred to a three-member fact-finding
committee. This committee shall consist of:
1. One member who shall be selected by the representatives of
the organization within five (5) days after the reaching of impasse;
2. One member who shall be selected by the local board of
education within five (5) days after the reaching of impasse; and
3. One member who shall serve as chairperson of the committee
and shall be selected as follows:
a. The State Board of Education shall appoint as fact-
finders not less than twenty nor more than thirty
persons to be placed on the State Superintendent's list
of fact-finders. The appointees must reside in
Oklahoma, must be neutral and unbiased and must be
knowledgeable in the fields of school operations,
school finance, personnel management, dispute
resolution and hearing procedures. The appointees
shall not currently be elected public officers or
employees of a board of education or officers or
employees of an organization of education employees.
No person who is related within the second degree by
consanguinity or affinity to an elected public officer,
to an employee of the local board of education that is
involved in the impasse, or to an employee of an
organization of education employees shall be eligible
to serve as a fact-finder.
b. An appointee shall serve until such appointee resigns
or is removed by the State Board of Education from the
State Superintendent's list of fact-finders. An
appointee must be removed immediately if he or she
becomes an elected public officer or employee of a
*+,-11'121#+,, .;")
board of education or an officer or employee of an
organization of education employees.
c. Within ten (10) days of being notified that a fact-
finder is needed, the State Superintendent of Public
Instruction or designee shall provide the names of five
potential fact-finders selected at random from the list
of appointees who are available to serve as a member
and the chairperson of the committee. The parties
shall select the fact-finder from the five names within
fifteen (15) days after receiving the list of fact-
finders.
d. It shall be the responsibility of the State Board of
Education to establish rules, regulations, training,
hearing procedures, and payment schedules to implement
the provisions of this paragraph.
B. Within five (5) days after the selection of the chairperson,
the representatives who have been negotiating for the board and for
the organization shall meet to exchange written language on each item
at impasse. The exchanged documents shall also be furnished by each
party to the chairperson and other members of the committee.
C. The chairperson shall convene the committee for fact finding.
This committee shall meet with the representatives of both parties.
Within twenty (20) days after the chairperson is selected, the
committee shall present written recommendations to the local board
and to the organization.
D. If either party decides it must reject one or more of the
committee's recommendations, said party must, within seven (7) days
after the committee has presented its recommendations, request a
meeting of the representatives who have been negotiating for the
board and for the organization. The parties shall meet within seven
(7) days of the request, unless both parties deem it unnecessary. At
such meeting, the representatives shall exchange written statements
expressing each party's rationale for rejecting each recommendation
found unacceptable and shall attempt to clarify any remaining
differences. The representatives shall then resume good faith effort
to resolve the remaining differences; provided, after fourteen (14)
days after the exchange of the written statements, either party may
discontinue such effort.
E. The local board shall file a copy of the fact-finding report
with the office of the State Superintendent of Public Instruction.
If the effort to resolve differences is successful, the parties shall
draft a written agreement and present the agreement to both parties
for ratification, and such agreement shall also be forwarded to the
State Superintendent of Public Instruction. If the effort to resolve
differences is unsuccessful, the local board of education shall
forward to the State Superintendent of Public Instruction in writing
*+,-11'121#+,, .;")$
its final disposition of the negotiations impasse process within
thirty (30) days of the effective date of implementation.
Laws 1971, c. 325, § 7; Laws 1986, c. 130, § 4, emerg. eff. April 14,
1986; Laws 1986, c. 293, § 2; Laws 1992, c. 102, § 1, eff. July 1,
1992; Laws 1994, c. 190, § 2, eff. July 1, 1994.
§70-509.8. Strikes illegal.
The procedure provided for herein for resolving impasses shall be
the exclusive recourse of the organization. It shall be illegal for
the organization to strike or threaten to strike as a means of
resolving differences with the board of education. Any member of an
organization engaging in a strike shall be denied the full amount of
his wages during the period of such violation. If the organization
or its members engage in a strike, then the organization shall cease
to be recognized as representative of the unit and the school
district shall be relieved of the duty to negotiate with such
organization or its representatives.
Amended by Laws 1986, c. 130, § 5, emerg. eff. April 14, 1986.
§70-509.9. Discrimination prohibited - Certain acts prohibited.
No employee shall be discriminated against by the board of
education, superintendent or any other administrative officer of a
district or by any employee organization, its officers or any member
thereof because of his exercise or nonexercise of rights under this
act. It shall be prohibited for an employee organization, employee
or employer to impede, restrain or coerce an employer or employees in
the exercise of the rights guaranteed in Sections 509.1 through
509.10 of this title.
Amended by Laws 1983, c. 120, § 2, emerg. eff. May 17, 1983; Laws
1986, c. 130, § 6, emerg. eff. April 14, 1986.
§70-509.10. Prior agreements not affected.
Nothing in this act shall be construed to annul or modify or to
preclude the renewal or continuation of any lawful agreement
heretofore entered into between any school district and any
representative of its employees, except to the extent that such
agreement is in conflict with the provisions of this act.
Laws 1971, c. 325, § 10.
§70-509.11. Denial of statewide professional educators' association
access to employees prohibited.
A. No school district, employee of a school district, or
employee organization shall deny by any means, including a collective
bargaining agreement, a statewide professional educators’ association
equal access to employees of the school district, to the same extent
that access is granted to other educators’ associations. For
*+,-11'121#+,, .;")(
purposes of this section, access shall include, but is not limited
to:
1. Setting up informational tables at in-service or other
similar teacher meetings;
2. Speaking at in-service or other similar teacher meetings;
3. Distributing information in school mail boxes or through the
school e-mail system;
4. Utilizing school district meeting rooms during nonworking
hours;
5. Representing employees in employment matters, when requested
by the employee;
6. Posting information on school district bulletin boards; and
7. Utilizing school district printing services.
B. Any association which utilizes school district facilities or
services shall reimburse the district for any costs incurred by the
district.
Added by Laws 2005, c. 432, § 12, eff. July 1, 2005.
§70-510.1. Interstate Compact on Educational Opportunity for
Military Children.
The Interstate Compact on Educational Opportunity for Military
Children is hereby enacted into law and entered into with all
jurisdictions legally joining therein, in the form substantially as
follows:
INTERSTATE COMPACT ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
ARTICLE I. PURPOSE
It is the purpose of this compact to remove barriers to
educational success imposed on children of military families because
of frequent moves and deployment of their parents by:
1. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due
to difficulty in the transfer of education records from the previous
school district(s) or variations in entrance/age requirements;
2. Facilitating the student placement process through which
children of military families are not disadvantaged by variations in
attendance requirements, scheduling, sequencing, grading, course
content or assessment;
3. Facilitating the qualification and eligibility for enrollment,
educational programs, and participation in extracurricular academic,
athletic, and social activities;
4. Facilitating the on-time graduation of children of military
families;
5. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact;
*+,-11'121#+,, .;")
6. Providing for the uniform collection and sharing of
information between and among member states, schools and military
families under this compact;
7. Promoting coordination between this compact and other
compacts affecting military children; and
8. Promoting flexibility and cooperation between the educational
system, parents and the student in order to achieve educational
success for the student.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
1. “Active duty” means full-time duty status in the active
uniformed service of the United States, including members of the
National Guard and Military Reserve on active duty orders pursuant to
10 U.S.C., Sections 1209 and 1211;
2. “Children of military families” means a school-aged
child(ren), enrolled in Kindergarten through Twelfth grade, in the
household of an active duty member;
3. "Compact commissioner” means the voting representative of
each compacting state appointed pursuant to Article VIII of this
Compact;
4. “Deployment” means the period one (1) month prior to the
service members’ departure from their home station on military orders
though six (6) months after return to their home station;
5. “Education(al) records” means those official records, files,
and data directly related to a student and maintained by the school
or local education agency including, but not limited to, records
encompassing all the material kept in the student's cumulative folder
such as general identifying data, records of attendance and of
academic work completed, records of achievement and results of
evaluative tests, health data, disciplinary status, test protocols,
and individualized education programs;
6. “Extracurricular activities” means a voluntary activity
sponsored by the school or local education agency or an organization
sanctioned by the local education agency. Extracurricular activities
include, but are not limited to, preparation for and involvement in
public performances, contests, athletic competitions, demonstrations,
displays, and club activities;
7. “Interstate Commission on Educational Opportunity for
Military Children” means the commission that is created under Article
IX of this compact, which is generally referred to as Interstate
Commission;
8. “Local education agency” means a public authority legally
constituted by the state as an administrative agency to provide
control of and direction for Kindergarten through Twelfth grade
public educational institutions;
9. “Member state” means a state that has enacted this compact;
*+,-11'121#+,, .;"))
10. “Military installation” means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the Department of Defense, including any leased
facility, which is located within any of the several states, the
District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, the Northern Mariana Islands
and any other U.S. Territory. Such term does not include any
facility used primarily for civil works, rivers and harbors projects,
or flood control projects;
11. “Nonmember state” means a state that has not enacted this
compact;
12. “Receiving state” means the state to which a child of a
military family is sent, brought, or caused to be sent or brought;
13. “Rule” means a written statement by the Interstate
Commission promulgated pursuant to Article XII of this compact that
is of general applicability, implements, interprets or prescribes a
policy or provision of the compact, or an organizational, procedural,
or practice requirement of the Interstate Commission, and has the
force and effect of administrative rules in a member state, and
includes the amendment, repeal, or suspension of an existing rule;
14. “Sending state” means the state from which a child of a
military family is sent, brought, or caused to be sent or brought;
15. “State” means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands and any other U.S.
Territory;
16. “Student” means the child of a military family for whom the
local education agency receives public funding and who is formally
enrolled in Kindergarten through Twelfth grade;
17. “Transition” means:
a. the formal and physical process of transferring from
school to school, or
b. the period of time in which a student moves from one
school in the sending state to another school in the
receiving state;
18. “Uniformed service(s)” means the Army, Navy, Air Force,
Marine Corps, Coast Guard as well as the Commissioned Corps of the
National Oceanic and Atmospheric Administration, and Public Health
Services; and
19. “Veteran” means a person who served in the uniformed
services and who was discharged or released therefrom under
conditions other than dishonorable.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in subsection B of this article,
this compact shall apply to the children of:
1. Active duty members of the uniformed services as defined in
this compact, including members of the National Guard and Military
*+,-11'121#+,, .;")!
Reserve on active duty orders pursuant to 10 U.S.C., Sections 1209 and
1211;
2. Members or veterans of the uniformed services who are severely
injured and medically discharged or retired for a period of one (1)
year after medical discharge or retirement; and
3. Members of the uniformed services who die on active duty or as
a result of injuries sustained on active duty for a period of one (1)
year after death.
B. The provisions of this interstate compact shall only apply to
local education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the
children of:
1. Inactive members of the National Guard and Military Reserves;
2. Members of the uniformed services now retired, except as
provided in subsection A of this article;
3. Veterans of the uniformed services, except as provided in
subsection A of this article; and
4. Other United States Department of Defense personnel and other
federal agency civilian and contract employees not defined as active
duty members of the uniformed services.
ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT
A. Unofficial or “hand-carried” education records - In the event
that official education records cannot be released to the parents for
the purpose of transfer, the custodian of the records in the sending
state shall prepare and furnish to the parent a complete set of
unofficial educational records containing uniform information as
determined by the Interstate Commission. Upon receipt of the
unofficial education records by a school in the receiving state, the
school shall enroll and appropriately place the student based on the
information provided in the unofficial records pending validation by
the official records, as quickly as possible.
B. Official education records/transcripts - Simultaneously with
the enrollment and conditional placement of the student, the school
in the receiving state shall request the student’s official education
record from the school in the sending state. Upon receipt of this
request, the school in the sending state will process and furnish the
official education records to the school in the receiving state
within ten (10) days or within such time as is reasonably determined
under the rules promulgated by the Interstate Commission.
C. Immunizations - Compacting states shall give thirty (30) days
from the date of enrollment or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission,
for students to obtain any immunization(s) required by the receiving
state. For a series of immunizations, initial vaccinations must be
obtained within thirty (30) days or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission.
*+,-11'121#+,, .;")
D. Kindergarten and First grade entrance age - Students shall be
allowed to continue their enrollment at grade level in the receiving
state commensurate with their grade level (including Kindergarten)
from a local education agency in the sending state at the time of
transition, regardless of age. A student that has satisfactorily
completed the prerequisite grade level in the local education agency
in the sending state shall be eligible for enrollment in the next
highest grade level in the receiving state, regardless of age. A
student transferring after the start of the school year in the
receiving state shall enter the school in the receiving state on
their validated level from an accredited school in the sending state.
ARTICLE V. PLACEMENT AND ATTENDANCE
A. Course placement - When the student transfers before or
during the school year, the receiving state school shall initially
honor placement of the student in educational courses based on the
student’s enrollment in the sending state school and/or educational
assessments conducted at the school in the sending state if the
courses are offered. Course placement includes, but is not limited
to, Honors, International Baccalaureate, Advanced Placement,
vocational, technical and career pathway courses. Continuing the
student’s academic program from the previous school and promoting
placement in academically and career challenging courses should be
paramount when considering placement. This does not preclude the
school in the receiving state from performing subsequent evaluations
to ensure appropriate placement and continued enrollment of the
student in the course(s).
B. Educational program placement - The receiving state school
shall initially honor placement of the student in educational programs
based on current educational assessments conducted at the school in
the sending state or participation/placement in like programs in the
sending state. Such programs shall include, but are not limited to:
1. Gifted and talented programs; and
2. English as a second language (ESL).
This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement of
the student.
C. Special education services.
1. In compliance with the federal requirements of the
Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A.,
Section 1400 et seq., the receiving state shall initially provide
comparable services to a student with disabilities based on his/her
current individualized education program (IEP).
2. In compliance with the requirements of Section 504 of the
Rehabilitation Act, 29 U.S.C.A., Section 794, and with Title II of
the Americans with Disabilities Act, 42 U.S.C.A., Sections 12131
through 12165, the receiving state shall make reasonable
accommodations and modifications to address the needs of incoming
*+,-11'121#+,, .;")"
students with disabilities, subject to an existing 504 or Title II
Plan, to provide the student with equal access to education.
This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement of
the student.
D. Placement flexibility - Local education agency administrative
officials shall have flexibility in waiving course/program
prerequisites, or other preconditions for placement in
courses/programs offered under the jurisdiction of the local education
agency.
E. Absence as related to deployment activities - A student whose
parent or legal guardian is an active duty member of the uniformed
services, as defined by the compact, and has been called to duty for,
is on leave from, or immediately returned from deployment to a combat
zone or combat support posting, shall be granted additional excused
absences at the discretion of the local education agency
superintendent to visit with his or her parent or legal guardian
relative to such leave or deployment of the parent or guardian.
ARTICLE VI. ELIGIBILITY
A. Eligibility for enrollment.
1. Special power of attorney, relative to the guardianship of a
child of a military family and executed under applicable law shall be
sufficient for the purposes of enrollment and all other actions
requiring parental participation and consent.
2. A local education agency shall be prohibited from charging
local tuition to a transitioning military child placed in the care of
a noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent.
3. A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent, may
continue to attend the school in which he/she was enrolled while
residing with the custodial parent.
B. Eligibility for extracurricular participation - State and
local education agencies shall facilitate the opportunity for
transitioning military children’s inclusion in extracurricular
activities, regardless of application deadlines, to the extent they
are otherwise qualified.
ARTICLE VII. GRADUATION
A. In order to facilitate the on-time graduation of children of
military families, states and local education agencies shall
incorporate the following procedures:
1. Waiver requirements - Local education agency administrative
officials shall waive specific courses required for graduation if
similar course work has been satisfactorily completed in another
local education agency or shall provide reasonable justification for
denial. Should a waiver not be granted to a student who would
*+,-11'121#+,, .;")
qualify to graduate from the sending school, the local education
agency shall provide an alternative means of acquiring required
coursework so that graduation may occur on time.
2. Exit exams - States shall accept:
a. exit or end-of-course exams required for graduation
from the sending state,
b. national norm-referenced achievement tests, or
c. alternative testing in lieu of testing requirements for
graduation in the receiving state.
In the event the above alternatives cannot be accommodated by the
receiving state for a student transferring in his or her Senior year,
then the provisions of subsection B of this article shall apply.
B. Transfers during Senior year - Should a military student
transferring at the beginning or during his or her Senior year be
ineligible to graduate from the receiving local education agency
after all alternatives have been considered, the sending and
receiving local education agencies shall ensure the receipt of a
diploma from the sending local education agency, if the student meets
the graduation requirements of the sending local education agency.
In the event that one of the states in question is not a member of
this compact, the member state shall use best efforts to facilitate
the on-time graduation of the student in accordance with subsection A
of this article and this subsection.
ARTICLE VIII. STATE COORDINATION
A. Each member state shall, through the creation of a State
Council or use of an existing body or board, provide for the
coordination among its agencies of government, local education
agencies and military installations concerning the state’s
participation in, and compliance with, this compact and Interstate
Commission activities. While each member state may determine the
membership of its own State Council, its membership must include at
least:
1. The State Superintendent of Public Instruction;
2. The superintendent of a school district with a high
concentration of military children;
3. A representative from a military installation;
4. One representative each from the legislative and executive
branches of government; and
5. Other offices and stakeholder groups the State Council deems
appropriate.
B. A member state that does not have a school district deemed to
contain a high concentration of military children may appoint a
superintendent from another school district to represent local
education agencies on the State Council.
C. The State Council of each member state shall appoint or
designate a military family education liaison to assist military
*+,-11'121#+,, .;"!
families and the state in facilitating the implementation of this
compact.
D. The compact commissioner responsible for the administration
and management of the state's participation in the compact shall be
appointed by the Governor or as otherwise determined by each member
state.
E. The compact commissioner and the military family education
liaison designated herein shall be ex officio members of the State
Council, unless either is already a full voting member of the State
Council.
ARTICLE IX. INTERSTATE COMMISSION ON
EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the “Interstate Commission on
Educational Opportunity for Military Children”. The activities of
the Interstate Commission are the formation of public policy and are
a discretionary state function. The Interstate Commission shall:
1. Be a body corporate and joint agency of the member states and
shall have all the responsibilities, powers and duties set forth
herein, and such additional powers as may be conferred upon it by a
subsequent concurrent action of the respective Legislatures of the
member states in accordance with the terms of this compact;
2. Consist of one Interstate Commission voting representative
from each member state who shall be that state’s compact
commissioner.
a. Each member state represented at a meeting of the
Interstate Commission is entitled to one vote.
b. A majority of the total member states shall constitute
a quorum for the transaction of business, unless a
larger quorum is required by the bylaws of the
Interstate Commission.
c. A representative shall not delegate a vote to another
member state. In the event the compact commissioner is
unable to attend a meeting of the Interstate
Commission, the Governor or State Council may delegate
voting authority to another person from their state for
a specified meeting.
d. The bylaws may provide for meetings of the Interstate
Commission to be conducted by telecommunication or
electronic communication;
3. Consist of ex officio, nonvoting representatives who are
members of interested organizations. Such ex officio members, as
defined in the bylaws, may include, but not be limited to, members of
the representative organizations of military family advocates, local
education agency officials, parent and teacher groups, the United
States Department of Defense, the Education Commission of the States,
the Interstate Agreement on the Qualification of Educational
*+,-11'121#+,, .;"!
Personnel and other interstate compacts affecting the education of
children of military members;
4. Meet at least once each calendar year. The chairperson may
call additional meetings and, upon the request of a simple majority
of the member states, shall call additional meetings;
5. Establish an executive committee, whose members shall include
the officers of the Interstate Commission and such other members of
the Interstate Commission as determined by the bylaws. Members of
the executive committee shall serve one-year terms. Members of the
executive committee shall be entitled to one vote each. The
executive committee shall have the power to act on behalf of the
Interstate Commission, with the exception of rulemaking, during
periods when the Interstate Commission is not in session. The
executive committee shall oversee the day-to-day activities of the
administration of the compact including enforcement and compliance
with the provisions of the compact, its bylaws and rules, and other
such duties as deemed necessary. The United States Department of
Defense shall serve as an ex officio, nonvoting member of the
executive committee;
6. Establish bylaws and rules that provide for conditions and
procedures under which the Interstate Commission shall make its
information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure information or official records to the extent they would
adversely affect personal privacy rights or proprietary interests;
7. Public notice shall be given by the Interstate Commission of
all meetings, and all meetings shall be open to the public, except as
set forth in the rules or as otherwise provided in the compact. The
Interstate Commission and its committees may close a meeting, or
portion thereof, where it determines by two-thirds (2/3) vote that an
open meeting would be likely to:
a. relate solely to the Interstate Commission’s internal
personnel practices and procedures,
b. disclose matters specifically exempted from disclosure
by federal and state statute,
c. disclose trade secrets or commercial or financial
information which is privileged or confidential,
d. involve accusing a person of a crime, or formally
censuring a person,
e. disclose information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy,
f. disclose investigative records compiled for law
enforcement purposes, or
g. specifically relate to the Interstate Commission’s
participation in a civil action or other legal
proceeding;
*+,-11'121#+,, .;"!$
8. For a meeting, or portion of a meeting, closed pursuant to
this provision, the Interstate Commission’s legal counsel or designee
shall certify that the meeting may be closed and shall reference each
relevant exemptible provision. The Interstate Commission shall keep
minutes which shall fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefor, including a description of the views
expressed and the record of a roll call vote. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the Interstate
Commission;
9. The Interstate Commission shall collect standardized data
concerning the educational transition of the children of military
families under this compact as directed through its rules which shall
specify the data to be collected, the means of collection and data
exchange and reporting requirements. Such methods of data
collection, exchange and reporting shall, insofar as is reasonably
possible, conform to current technology and coordinate its
information functions with the appropriate custodian of records as
identified in the bylaws and rules; and
10. The Interstate Commission shall create a process that
permits military officials, education officials and parents to inform
the Interstate Commission if and when there are alleged violations of
the compact or its rules or when issues subject to the jurisdiction
of the compact or its rules are not addressed by the state or local
education agency. This section shall not be construed to create a
private right of action against the Interstate Commission or any
member state.
ARTICLE X. POWERS AND DUTIES
OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
1. To provide for dispute resolution among member states;
2. To promulgate rules and take all necessary actions to effect
the goals, purposes and obligations as enumerated in this compact.
The rules shall have the force and effect of administrative rules and
shall be binding in the compact states to the extent and in the
manner provided in this compact;
3. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact,
its bylaws, rules and actions;
4. To enforce compliance with the compact provisions, the rules
promulgated by the Interstate Commission, and the bylaws, using all
necessary and proper means including, but not limited to, the use of
judicial process;
5. To establish and maintain offices which shall be located
within one or more of the member states;
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6. To purchase and maintain insurance and bonds;
7. To borrow, accept, hire or contract for services of
personnel;
8. To establish and appoint committees including, but not
limited to, an executive committee as required by paragraph 5 of
Article IX, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties
hereunder;
9. To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties and determine their qualifications; and to establish the
Interstate Commission’s personnel policies and programs relating to
conflicts of interest, rates of compensation, and qualifications of
personnel;
10. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it;
11. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal,
or mixed;
12. To sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, real, personal or mixed;
13. To establish a budget and make expenditures;
14. To adopt a seal and bylaws governing the management and
operation of the Interstate Commission;
15. To report annually to the Legislatures, Governors,
judiciary, and State Councils of the member states concerning the
activities of the Interstate Commission during the preceding year.
Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission;
16. To coordinate education, training and public awareness
regarding the compact, its implementation and operation for officials
and parents involved in such activity;
17. To establish uniform standards for the reporting, collecting
and exchanging of data;
18. To maintain corporate books and records in accordance with
the bylaws;
19. To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact; and
20. To provide for the uniform collection and sharing of
information between and among member states, schools and military
families under this compact.
ARTICLE XI. ORGANIZATION AND
OPERATION OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall, by a majority of the members
present and voting, within twelve (12) months after the first
Interstate Commission meeting, adopt bylaws to govern its conduct as
*+,-11'121#+,, .;"!
may be necessary or appropriate to carry out the purposes of the
compact including, but not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee and such other committees
as may be necessary;
3. Providing for the establishment of committees and for
governing any general or specific delegation of authority or function
of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission and ensuring reasonable notice
of each such meeting;
5. Establishing the titles and responsibilities of the officers
and staff of the Interstate Commission;
6. Providing a mechanism for concluding the operations of the
Interstate Commission and the return of surplus funds that may exist
upon the termination of the compact after the payment and reserving
of all of its debts and obligations; and
7. Providing "start-up" rules for initial administration of the
compact.
B. The Interstate Commission shall, by a majority of the
members, elect annually from among its members a chairperson, a vice-
chairperson, and a treasurer, each of whom shall have such authority
and duties as may be specified in the bylaws. The chairperson or, in
the chairperson’s absence or disability, the vice-chairperson, shall
preside at all meetings of the Interstate Commission. The officers
so elected shall serve without compensation or remuneration from the
Interstate Commission; provided that, subject to the availability of
budgeted funds, the officers shall be reimbursed for ordinary and
necessary costs and expenses incurred by them in the performance of
their responsibilities as officers of the Interstate Commission.
C. Executive committee, officers, and personnel.
1. The executive committee shall have such authority and duties
as may be set forth in the bylaws including, but not limited to:
a. managing the affairs of the Interstate Commission in a
manner consistent with the bylaws and purposes of the
Interstate Commission,
b. overseeing an organizational structure within, and
appropriate procedures for the Interstate Commission to
provide for the creation of rules, operating
procedures, and administrative and technical support
functions, and
c. planning, implementing, and coordinating communications
and activities with other state, federal and local
government organizations in order to advance the goals
of the Interstate Commission.
2. The executive committee may, subject to the approval of the
Interstate Commission, appoint or retain an executive director for
*+,-11'121#+,, .;"!)
such period, upon such terms and conditions and for such
compensation, as the Interstate Commission may deem appropriate. The
executive director shall serve as secretary to the Interstate
Commission, but shall not be a member of the Interstate Commission.
The executive director shall hire and supervise such other persons as
may be authorized by the Interstate Commission.
D. 1. The Interstate Commission’s executive director and its
employees shall be immune from suit and liability, either personally
or in their official capacity, for a claim for damage to or loss of
property or personal injury or other civil liability caused or
arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis
for believing occurred, within the scope of Interstate Commission
employment, duties, or responsibilities; provided, that such person
shall not be protected from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and wanton
misconduct of such person.
2. The liability of the Interstate Commission’s executive
director and employees or Interstate Commission representatives,
acting within the scope of such person's employment or duties for
acts, errors, or omissions occurring within such person’s state may
not exceed the limits of liability set forth under the Constitution
and laws of that state for state officials, employees, and agents.
The Interstate Commission is considered to be an instrumentality of
the states for the purposes of any such action. Nothing in this
subsection shall be construed to protect such person from suit or
liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
3. The Interstate Commission shall defend the executive director
and its employees and, subject to the approval of the Attorney
General or other appropriate legal counsel of the member state
represented by an Interstate Commission representative, shall defend
such Interstate Commission representative in any civil action seeking
to impose liability arising out of an actual or alleged act, error or
omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities;
provided, that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part
of such person.
4. To the extent not covered by the state involved, member
state, or the Interstate Commission, the representatives or employees
of the Interstate Commission shall be held harmless in the amount of
a settlement or judgment, including attorney fees and costs, obtained
against such persons arising out of an actual or alleged act, error,
or omission that occurred within the scope of Interstate Commission
*+,-11'121#+,, .;"!!
employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities;
provided, that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part
of such persons.
ARTICLE XII. RULEMAKING FUNCTIONS
OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate reasonable rules
in order to effectively and efficiently achieve the purposes of this
compact. Notwithstanding the foregoing, in the event the Interstate
Commission exercises its rulemaking authority in a manner that is
beyond the scope of the purposes of this act, or the powers granted
hereunder, then such an action by the Interstate Commission shall be
invalid and have no force or effect.
B. Rules shall be made pursuant to a rulemaking process that
substantially conforms to the “Model State Administrative Procedure
Act” of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as
amended, as may be appropriate to the operations of the Interstate
Commission.
C. Not later than thirty (30) days after a rule is promulgated,
any person may file a petition for judicial review of the rule;
provided, that the filing of such a petition shall not stay or
otherwise prevent the rule from becoming effective unless the court
finds that the petitioner has a substantial likelihood of success.
The court shall give deference to the actions of the Interstate
Commission consistent with applicable law and shall not find the rule
to be unlawful if the rule represents a reasonable exercise of the
Interstate Commission's authority.
D. If a majority of the Legislatures of the compacting states
rejects a rule by enactment of a statute or resolution in the same
manner used to adopt the compact, then such rule shall have no further
force and effect in any compacting state.
ARTICLE XIII. OVERSIGHT,
ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight.
1. The executive, legislative and judicial branches of state
government in each member state shall enforce this compact and shall
take all actions necessary and appropriate to effectuate the
compact’s purposes and intent. The provisions of this compact and
the rules promulgated hereunder shall have standing as administrative
rules.
2. All courts shall take judicial notice of the compact and the
rules in any judicial or administrative proceeding in a member state
pertaining to the subject matter of this compact which may affect the
powers, responsibilities or actions of the Interstate Commission.
*+,-11'121#+,, .;"!
3. The Interstate Commission shall be entitled to receive all
service of process in any such proceeding and shall have standing to
intervene in the proceeding for all purposes. Failure to provide
service of process to the Interstate Commission shall render a
judgment or order void as to the Interstate Commission, this compact
or promulgated rules.
B. Default, technical assistance, suspension and termination.
If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this compact, or the bylaws or promulgated rules, the
Interstate Commission shall:
1. Provide written notice to the defaulting state and other
member states, of the nature of the default, the means of curing the
default and any action taken by the Interstate Commission. The
Interstate Commission shall specify the conditions by which the
defaulting state must cure its default;
2. Provide remedial training and specific technical assistance
regarding the default;
3. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the member states and all rights,
privileges and benefits conferred by this compact shall be terminated
from the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of the default;
4. Suspension or termination of membership in the compact shall
be imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall be
given by the Interstate Commission to the Governor, the majority and
minority leaders of the defaulting state's Legislature, and each of
the member states;
5. The state which has been suspended or terminated is
responsible for all assessments, obligations and liabilities incurred
through the effective date of suspension or termination including
obligations, the performance of which extends beyond the effective
date of suspension or termination;
6. The Interstate Commission shall not bear any costs relating
to any state that has been found to be in default or which has been
suspended or terminated from the compact, unless otherwise mutually
agreed upon in writing between the Interstate Commission and the
defaulting state; and
7. The defaulting state may appeal the action of the Interstate
Commission by petitioning the U.S. District Court for the District of
Columbia or the federal district where the Interstate Commission has
its principal offices. The prevailing party shall be awarded all
costs of such litigation including reasonable attorney fees.
C. Dispute resolution.
*+,-11'121#+,, .;"!"
1. The Interstate Commission shall attempt, upon the request of
a member state, to resolve disputes which are subject to the compact
and which may arise among member states and between member and
nonmember states.
2. The Interstate Commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement.
1. The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
2. The Interstate Commission may, by majority vote of the
members, initiate legal action in the United States District Court
for the District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission
has its principal offices, to enforce compliance with the provisions
of the compact, its promulgated rules and bylaws, against a member
state in default. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation
including reasonable attorney fees.
3. The remedies herein shall not be the exclusive remedies of
the Interstate Commission. The Interstate Commission may avail
itself of any other remedies available under state law or the
regulation of a profession.
ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall pay, or provide for the
payment of the reasonable expenses of its establishment, organization
and ongoing activities.
B. The Interstate Commission may levy on and collect an annual
assessment from each member state to cover the cost of the operations
and activities of the Interstate Commission and its staff which must
be in a total amount sufficient to cover the Interstate Commission’s
annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by
the Interstate Commission, which shall promulgate a rule binding upon
all member states.
C. The Interstate Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same; nor shall
the Interstate Commission pledge the credit of any of the member
states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant, and the
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report of the audit shall be included in and become part of the
annual report of the Interstate Commission.
ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than ten of
the states. The effective date shall be no earlier than December 1,
2007. Thereafter it shall become effective and binding as to any
other member state upon enactment of the compact into law by that
state. The governors of nonmember states or their designees shall be
invited to participate in the activities of the Interstate Commission
on a nonvoting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the
compact for enactment by the member states. No amendment shall
become effective and binding upon the Interstate Commission and the
member states unless and until it is enacted into law by unanimous
consent of the member states.
ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
A. Withdrawal.
1. Once effective, the compact shall continue in force and
remain binding upon each and every member state; provided, that a
member state may withdraw from the compact by specifically repealing
the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until one (1)
year after the effective date of such statute and until written
notice of the withdrawal has been given by the withdrawing state to
the Governor of each other member jurisdiction.
3. The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the withdrawing
state. The Interstate Commission shall notify the other member
states of the withdrawing state’s intent to withdraw within sixty
(60) days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal, including obligations, the performance of which extends
beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting the compact or upon such
later date as determined by the Interstate Commission.
B. Dissolution of compact.
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the
membership in the compact to one member state.
2. Upon the dissolution of this compact, the compact becomes
null and void and shall be of no further force or effect, and the
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business and affairs of the Interstate Commission shall be concluded
and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable and, if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed
to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the
applicability of other interstate compacts to which the states are
members.
ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other laws.
1. Nothing herein prevents the enforcement of any other law of a
member state that is not inconsistent with this compact.
2. All member states' laws conflicting with this compact are
superseded to the extent of the conflict.
B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including
all rules and bylaws promulgated by the Interstate Commission, are
binding upon the member states.
2. All agreements between the Interstate Commission and the
member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the Legislature of any member state,
such provision shall be ineffective to the extent of the conflict
with the constitutional provision in question in that member state.
Added by Laws 2008, c. 435, § 2, eff. July 1, 2008.
§70-510.2. Oklahoma State Council for Educational Opportunity for
Military Children.
A. There is hereby created the Oklahoma State Council for
Educational Opportunity for Military Children in accordance with
Article VIII of the Interstate Compact on Educational Opportunity for
Military Children. The Council shall consist of:
1. The compact commissioner, as provided for in subsection G of
this section;
2. The military family education liaison who shall be a
nonvoting member, as provided for in subsection G of this section;
3. The State Superintendent of Public Instruction or a designee;
and
4. Five appointed members as follows:
a. one member of the Senate, who shall serve an initial
term of three (3) years, who shall be appointed by the
President Pro Tempore of the Senate,
b. one member of the House of Representatives, who shall
serve an initial term of three (3) years, who shall be
*+,-11'121#+,, .;"
appointed by the Speaker of the House of
Representatives,
c. one superintendent of a school district with a high
concentration of military children, who shall serve an
initial term of two (2) years, who shall be appointed
by the Speaker of the House of Representatives,
d. a representative of a military installation located in
this state, who shall serve an initial term of two (2)
years, who shall be appointed by the President Pro
Tempore of the Senate, and
e. a member of the State Board of Education, who shall
serve an initial term of one (1) year, who shall be
appointed by the Governor.
B. Except for the initial appointments, appointed members shall
be appointed for three-year terms. The members appointed to initial
terms shall serve staggered terms as prescribed in this section.
Terms of office shall expire on June 30. Members may be reappointed
as deemed appropriate by the appointing authority. Members may be
removed by the appointing authority for incompetence, willful neglect
of duty, corruption in office, or malfeasance in office. Vacancies
shall be filled in the same manner as the original appointment. The
members of the Council shall not be subject to the dual-office-
holding prohibitions set forth in Section 6 of Title 51 of the
Oklahoma Statutes.
C. Appointments to the Council shall be made by September 1,
2008. The State Superintendent of Public Instruction shall convene
the first meeting of the Council. The members of the Council shall
elect from their membership a chair and vice-chair to serve for one-
year terms. A majority of the members shall constitute a quorum for
the purpose of conducting the business of the Council. The Council
shall meet at least annually and at the call of the chair.
D. The Council shall comply with the Oklahoma Open Meeting Act
and the Oklahoma Open Records Act.
E. Members of the Council shall receive no compensation for
serving on the Council, but shall receive travel reimbursement as
follows:
1. Legislative members of the Council shall be reimbursed for
necessary travel expenses incurred in the performance of their duties
in accordance with the provisions of Section 456 of Title 74 of the
Oklahoma Statutes; and
2. Nonlegislative members of the Council shall be reimbursed by
the State Department of Education for necessary travel expenses
incurred in the performance of their duties in accordance with the
State Travel Reimbursement Act.
F. The Council shall provide for the coordination among this
state’s governmental agencies, school districts and military
installations concerning the state’s participation in, and compliance
*+,-11'121#+,, .;"$
with, the compact and Interstate Commission on Educational
Opportunity for Military Children activities. The State Department
of Education shall provide administrative services and staff support
to the Council. The State Board of Education may promulgate rules to
implement operations and procedures necessary for administration of
the compact upon recommendation of the Council.
G. 1. Before September 1, 2008, the Governor shall appoint the
compact commissioner who shall serve at the pleasure of the Governor.
The compact commissioner shall serve as this state’s commissioner on
the Interstate Commission on Educational Opportunity for Military
Children. In the event the compact commissioner cannot attend a
meeting of the Interstate Commission, the Council shall appoint a
Council member to represent this state at the meeting. The compact
commissioner shall be responsible for the administration and
management of the state’s participation in the compact.
2. The State Superintendent of Public Instruction shall
designate an employee of the State Department of Education to serve
as the military family education liaison. The liaison shall assist
military families and the state in facilitating the implementation of
the compact, subject to the direction of the Council.
3. The Department shall pay any expenses the compact
commissioner and military family education liaison incur in
fulfilling duties related to the compact.
Added by Laws 2008, c. 435, § 3, eff. July 1, 2008.
§70-521. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-522. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-523. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-524. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-525. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-526. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-527. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-528. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-529. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-530. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-531. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-532. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-533. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-541. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-542. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-543. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-544. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-545. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-546. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-547. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-561. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-562. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-563. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-564. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-565. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-571. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-572. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-573. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-574. Repealed by Laws 1941, p. 462, § 1.
§70-575. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-581. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-582. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-583. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-591. Repealed by Laws 1941, p. 462, § 1.
§70-592. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;"
§70-593. Repealed by Laws 1943, p. 78, § 43.
§70-594. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-595. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-596. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-597. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-598. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-599. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-600. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-611. Management of permanent school fund.
The Commissioners of the Land Office, consisting of the Governor,
the Lieutenant Governor, State Auditor and Inspector, Superintendent
of Public Instruction, and the President of the Board of Agriculture,
are hereby authorized and empowered to manage, loan, invest and
deposit, the permanent school fund donated to the State of Oklahoma
by the Congress of the United States, or arising from the sale of
lands and from other sources.
R.L.1910, § 7652; Laws 1979, c. 30, § 51, emerg. eff. April 6, 1979.
§70-612. Disposition of funds until invested.
Until such time as said funds may be safely and advantageously
invested in the securities mentioned in the preceding section, said
Commissioners of the Land Office are hereby authorized and empowered
to deposit said sums in such banks or trust companies as they may
select, but shall in every case take as security for such deposits
the following classes of securities and no others: Bonds of the
State of Oklahoma, bonds of the counties, school districts, cities
and towns of this state, state and county warrants, and approved
State, county and municipal bonds of other states, bonds of the
United States, first mortgages on real estate, warrants or other
legal evidence of indebtedness authorized by law to be issued by
municipalities in payment of paving, sewer, waterworks, electric
light, or other public indebtedness and for the payment of which a
special tax is authorized to be levied and collected, and as
additional security on any deposit which said Board may make the said
Commissioners of the Land Office shall have authority to accept
surety companies or trust companies as sureties, but in each case
said Board of Land Commissioners shall accurately investigate the
value of securities offered for such deposits: Provided, however,
*+,-11'121#+,, .;")
that such surety company or trust company shall neither be in any
manner interested directly or indirectly in any bank or trust company
for which it becomes additional surety; nor shall any surety, bonding
or trust company be accepted as additional surety that has more than
one-fourth (1/4) of its paid capital invested in bank stock. The
said Board of Land Commissioners may, whenever they deem it advisable
require additional securities after a deposit is made as they deem
necessary to secure the safety of the deposit.
R.L.1910, § 7654.
§70-613. Report to Legislature.
The Commissioners of the Land Office shall report to each
Legislature the condition and management of such funds.
R.L.1910, § 7656.
§70-614. Apportionment and payment of income to schools.
The Commissioners of the Land Office shall apportion the income
accruing from the Permanent School Fund. All monies remaining in the
hands of the Commissioners of the Land Office and in the State
Treasury at the close of each calendar month shall be apportioned and
paid over to the schools by the last business day of the following
month.
R.L. 1910, § 7657. Amended by Laws 1917, c. 244, p. 453, § 1; Laws
1992, c. 111, § 6, emerg. eff. April 21, 1992; Laws 2010, c. 41, §
50, emerg. eff. April 2, 2010.
§70-615. Basis of apportionment.
The apportionment shall be made to the school districts of the
county on the basis of school population as determined pursuant to
the provisions of Section 56 of this act for the preceding school
year as certified by the State Board of Education. The Commissioners
of the Land Office, in distributing all funds mentioned in this
section, shall draw their order on the State Treasurer or other
officer having custody of such funds, in favor of the schools of the
counties respectively, entitled to school monies, using electronic
funds transfer as defined by the Office of the Oklahoma State
Treasurer: Provided, that the federal appropriation made shall be
apportioned by said Commissioners, to the several schools, entitled
to the same under Act of Congress providing for said appropriation,
in proportion to the number of children of school age shown by the
last federal census.
R.L. 1910, § 7658; Laws 1986, c. 259, § 58, operative July 1, 1986;
Laws 1992, c. 111, § 7, emerg. eff. April 21, 1992.
§70-616. Commissioners may make rules.
The Commissioners of the Land Office are hereby authorized and
empowered to make all necessary rules and regulations, for the
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purpose of carrying into effect the provisions of this law. R.L.
1910 Sec. 7659.
R.L.1910, § 7659.
§70-617. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-618. Repealed by Laws 1979, c. 47, § 109, emerg. eff. April 9,
1979.
§70-619. Designation of fund.
The State Auditor and Inspector, Treasurer, Commissioners of the
Land Office, and all other officers of the state, are hereby directed
and required to use the term "Section Thirteen Fund State Educational
Institutions" upon all their records as the proper name for
designating the fund created by virtue of the Enabling Act and the
Constitution.
R.L.1910, § 7662; Laws 1979, c. 30, § 52, emerg. eff. April 6, 1979.
§70-620. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-621.1. Purposes for which funds expended.
The institutions of higher learning eligible for participation in
the Section Thirteen Fund and the New College Fund, as provided in
the Enabling Act, Sections 8 and 12; the Constitution of the State of
Oklahoma, Article XI, Sections 1 and 5; Title 70, Section 617, O.S.
1951; and Title 64, Section 355, O.S. 1951, are hereby authorized to
expend said funds from time to time as needs arise for the
construction and purchase of buildings, for the purchase of
equipment, and for other capital additions. The provisions of this
act shall be cumulative to existing laws.
Laws 1947, p. 510, § 1.
§70-621.2. Partial invalidity.
It is the intention of the Legislature to enact each and every
part of this act and if any section, paragraph, sentence, item, or
clause of this act shall for any reason be held unconstitutional such
decision shall not affect the validity of the remaining portions of
this act.
Laws 1947, p. 511, § 2.
§70-622. Fund established.
There is hereby established in the State Treasury the Student
Educational Assistance Fund, for the purposes hereinafter stated.
The State Treasurer's office is hereby authorized to receive on
behalf of the fund such future appropriations, gifts, grants, and
donations as may be made thereto by the Legislature and received from
other sources.
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Laws 1965, c. 482, § 1, emerg. eff. July 14, 1965.
§70-623. Guaranteeing of loans - Conditions - Rules.
A. The Oklahoma State Regents for Higher Education are hereby
authorized to utilize the Student Educational Assistance Fund and to
administer the student loan guarantee program under the federal
Higher Education Act of 1965, as amended, for guaranteeing loans made
by private or public lending institutions to loan guarantee
applicants for the purpose of obtaining financial assistance for
attendance at any participating school, to participate in any other
federal student loan program and to provide support services for
students and others in conjunction with the United States Department
of Education in areas including, but not limited to, default
prevention, financial literacy, financial aid awareness, college
access and outreach and other areas as permitted or mandated by
current or future federal legislation. The State Regents are
authorized to provide the student and parent borrower assistance
services described in this section for any and all federal student
loan programs through contracts and agreements with the United States
Department of Education or other entities.
B. No loan guaranteed by the State Regents, except as required
by federal regulation, shall require repayment while the student is
pursuing at least a half-time course of study on a continuing basis
in a participating school. The rate of interest on the loan shall be
as established in the Higher Education Act of 1965, as amended.
C. The State Regents are further authorized and empowered to
promulgate rules and procedures with respect to applicant
eligibility, terms of loans, repayment agreements and other matters
considered appropriate, as will facilitate the program authorized by
this section and the Higher Education Act of 1965, as amended, and as
will not conflict with the terms hereof. The procedures may include,
but not be limited to, entering into agreements with other federal
loan program participants such as schools, lenders, servicers,
secondary markets, collection agencies, guarantee agencies, the
United States Department of Education and other entities.
D. 1. A licensing agency shall provide information indexed by
social security number to the State Regents when the information is
requested for use in the default prevention efforts or collection of
defaulted student loans guaranteed by the State Regents.
2. Any information disclosed under the provision of this
subsection shall be utilized for the purpose outlined in this
subsection and shall be held strictly confidential by the State
Regents.
3. No member or employee of any entity who discloses information
pursuant to this subsection shall be criminally or civilly liable for
any error or omission in the disclosure of the information.
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4. In addition to other collection methods authorized by law,
the State Regents may establish and implement programs for
administrative garnishment and wage withholding, in accordance with
applicable federal laws and regulations, to collect on defaulted
student loans.
Added by Laws 1965, c. 482, § 2, emerg. eff. July 14, 1965. Amended
by Laws 1967, c. 3, § 1, emerg. eff. Feb. 8, 1967; Laws 1984, c. 131,
§ 1, emerg. eff. April 10, 1984; Laws 1996, c. 261, § 1, eff. July 1,
1996; Laws 1999, c. 66, § 1, eff. July 1, 1999; Laws 2010, c. 131, §
1, eff. July 1, 2010; Laws 2017, c. 104, § 1, eff. July 1, 2017.
§70-623.1. Licensees in default - Suspension of licenses.
A. For licensees determined to be in default, pursuant to the
applicable federal regulation, the Oklahoma State Regents for Higher
Education shall prescribe rules and procedures to provide an
opportunity for the licensee to enter into a satisfactory repayment
agreement and an opportunity for a hearing prior to notification of a
licensing board. At least thirty (30) days prior to notification of
the appropriate licensing board, the State Regents shall mail to the
licensee's last-known address, a written notice of:
1. The nature and amount of the debt;
2. The intention of the State Regents to issue notification of
default to the appropriate licensing board or boards; and
3. The explanation of the licensee's rights.
B. Following the determination of default, as defined by federal
law, the licensee shall be provided the opportunity of a hearing
conducted by a hearing official appointed by the State Regents. The
hearing official may be any qualified individual, including an
administrative law judge, not under the direct supervision or control
of the State Regents. Upon written request by the licensee, the
decision of the hearing official may be appealed to the State
Regents. The State Regents may notify each licensing board in this
state of any person who has been determined to be in default on a
student loan; provided, the State Regents may consider hardship
circumstances in their decision whether to proceed with notification.
Except as otherwise provided in this section, upon receipt of the
notice, the licensing boards shall suspend and not renew the license
of the licensee until further notification by the State Regents.
C. Except as otherwise provided in this section, no further
administrative review or contested case proceeding within or by the
licensing board is required upon notification of the State Regent’s
determination of default. No licensing board shall be held liable
for any suspension or nonrenewal of a license or commercial driver
license pursuant to the provisions of this act.
D. The State Regents shall notify, as soon as possible and no
later than ten (10) business days, each licensing board when a
formerly reported licensee is no longer in default status due to
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repayment in full, loan rehabilitation or some other action that
discharges the licensee of responsibility for repayment or when the
licensee achieves satisfactory repayment status. Except as otherwise
provided in this section, the issuing licensing board shall reinstate
or renew the license of the licensee within thirty (30) days of
receiving notice from the State Regents, contingent upon the
requirements of the licensing board.
E. If the Oklahoma Bar Association receives notice that a
licensed attorney is in default, the Bar Association must begin
proceedings by which the attorney may be suspended pursuant to Rules
Governing Disciplinary Proceedings. If suspended, the attorney may
be reinstated pursuant to reinstatement procedures as provided in the
Rules Governing Disciplinary Proceedings.
F. For purposes of this act:
1. “Licensing board” means any bureau, department, division,
board, agency or commission of this state or of a municipality in
this state that issues a license;
2. “License” means a license, certificate, registration, permit,
approval or other similar document issued by a licensing board
granting to an individual a right or privilege to engage in a
profession, occupation or business, including Class A, B or C
commercial driver licenses issued pursuant to Title 47 of the
Oklahoma Statutes; and
3. “Licensee” means any individual who is issued a license by
any licensing board in this state.
Added by Laws 1996, c. 261, § 2, eff. July 1, 1996. Amended by Laws
1999, c. 66, § 2, eff. July 1, 1999.
§70-624. Revocation or termination of student loans, grants, etc. -
Grounds
Any student loan, grant, fellowship, teaching fellowship or other
means of financial assistance authorized by and/or under the control
of the Oklahoma State Regents for Higher Education, any operating
Board of Regents of Oklahoma Universities or Colleges, or any
employee or employees of any university, college or other institution
of higher learning, whether such loan, grant, fellowship, teaching
fellowship or other means of financial assistance be financed by
state or federal funds, or both, may be revoked or terminated by the
person or persons authorizing and/or controlling same for any of the
following reasons:
1. unlawful participation in a riot as defined by the Penal
Code;
2. unlawful manufacture, preparation, delivery, sale, offering
for sale, barter, furnishing, giving away, possession, control, use
or administering of narcotic drugs, marijuana, barbiturates or
stimulants;
*+,-11'121#+,, .;""
3. willful or unlawful destruction of or damage to state
property;
4. conviction, while enrolled in such university, college or
other institution of higher learning, of a crime involving conversion
of property or moral turpitude.
Added by Laws 1970, c. 146, § 1, emerg. eff. April 7, 1970.
§70-625.1. Fund established.
There is hereby established the Oklahoma Rural Medical Education
Loan and Scholarship Fund. The fund shall be administered by the
Physician Manpower Training Commission under the provisions of
Section 625.9 of this title.
Added by Laws 1970, c. 82, § 1, emerg. eff. March 26, 1970. Amended
by Laws 1976, c. 212, § 13, emerg. eff. June 7, 1976.
§70-625.2. Scholarships - Power to grant
The Physician Manpower Training Commission shall be authorized
and empowered to grant scholarships to qualified students who are
bona fide residents of the State of Oklahoma and who would not
otherwise have funds necessary to finance the cost of a program of
study leading to the Degree of Doctor of Medicine, or to the Degree
of Doctor of Osteopathic Medicine, to be granted by an accredited and
recognized college of medicine or college of osteopathic medicine.
Added by Laws 1970, c. 82, § 2, emerg. eff. March 26, 1970. Amended
by Laws 1972, c. 13, § 1, emerg. eff. Feb. 7, 1972; Laws 1975, c.
258, § 2, emerg. eff. June 4, 1975; Laws 1976, c. 212, § 14, emerg.
eff. June 7, 1976.
§70-625.3. Terms and conditions.
A. The terms and conditions governing the scholarships shall be
as prescribed and formulated by the Physician Manpower Training
Commission, but shall include the condition that each recipient, upon
completion of his course of study, shall repay his scholarship by
practicing his profession in a rural community in Oklahoma having a
population of seven thousand five hundred (7,500) persons or less
according to the last preceding United States Decennial Census and
having a need therefor, as determined by the Commission, for one (1)
year for each one (1) year the scholarship is financed; provided,
however, that the recipient will be given no credit for payment and
reduction of the obligation by serving in the defined rural
communities for a period less than two (2) years.
B. The maximum rural population criteria specified in subsection
A of this section may be waived by the Commission.
C. The terms of this subsection shall apply to recipients who
accept assistance on or after July 1, 1993. The contract shall
provide that in the event the recipient breaches the terms of the
contract by not serving the designated community for the specified
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period of time, the Commission shall be entitled to recover an amount
equal to three times the principal disbursed, pursuant to the
contract, plus interest. Interest on all amounts paid to or on
behalf of the participant shall be computed at the current prime rate
plus one percent (1%) with the interest to accrue from the date each
payment is made, pursuant to the contract. The amount the Commission
is entitled to recover shall be paid within ninety (90) days of the
date the recipient becomes liable as determined by the Commission.
Added by Laws 1970, c. 82, § 3, emerg. eff. March 26, 1970. Amended
by Laws 1971, c. 156, § 1, emerg. eff. May 24, 1971; Laws 1975, c.
162, § 1, emerg. eff. May 20, 1975; Laws 1976, c. 212, § 15, emerg.
eff. June 7, 1976, Laws 1977, c. 220, § 1, emerg. eff. June 14, 1977;
Laws 1982, c. 96, § 3, operative Oct. 1, 1982; Laws 1993, c. 361, §
10, eff. July 1, 1993; Laws 2018, c. 286, § 3, eff. Nov. 1, 2018.
§70-625.4. Rules and regulations.
The Commission shall promulgate and adopt such rules and
regulations as may be necessary to carry out the provisions of this
act. The Commission shall prescribe the form and regulate the
submission of applications for scholarship; conduct conferences and
interviews with applicants; determine the eligibility of applicants;
allow or disallow all applications for scholarships or renewal of
scholarships; contract, increase, decrease, terminate and otherwise
regulate all grants for scholarships and their repayment in cash or
services; and manage, operate and control all funds and property
appropriated or otherwise contributed for this purpose. The
Commission may acquire property or money by the acceptance of gifts,
grants, bequests or devise, and may contract with the federal
government in order to secure the benefit of any federal program
consistent with the provisions of this act. Monies received by the
Commission in repayment of scholarships granted from appropriated
funds shall be deposited with the State Treasurer who shall place the
same to the credit of the Commission in depository funds to be known
as the "Rural Medical Education Scholarship Fund" and the "Community
Physician Education Scholarship Fund" depending on the program in
which the recipient participated, under and subject exclusively to
the control of the Commission for the purpose of fulfilling and
accomplishing the conditions and purposes of the Physician Manpower
Training Commission. All monies so collected and deposited in the
State Treasury as aforesaid shall constitute a continuing fund, shall
not be subject to fiscal limitations, and the unexpended balance
shall at all times be available for expenditures for the purposes and
in the manner and form provided by this act. All funds and property,
and income therefrom, received by the Commission through the
acceptance of gifts, grants, bequests or devise shall be held by the
Commission in trust, and may be sold, transferred, invested and
reinvested by the Commission in accordance with the provisions of the
*+,-11'121#+,, .;""$
Oklahoma Trust Act, and all such funds and property, and income
therefrom, shall be used by the Commission in fulfilling and
accomplishing the conditions and purposes of the Physician Manpower
Training Commission.
Amended by Laws 1987, c. 236, § 115, emerg. eff. July 20, 1987.
§70-625.4a. Physician Manpower Training Commission Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Physician Manpower Training Commission to be designated the
"Physician Manpower Training Commission Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations
and shall consist of all payments received by the Commission pursuant
to Sections 625.3 and 625.10a of this title. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Physician Manpower Training Commission for any
expenses incurred in the implementation of its duties. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the Director
of the Office of Management and Enterprise Services for approval and
payment.
Added by Laws 1988, c. 245, § 6, operative July 1, 1988. Amended by
Laws 2012, c. 304, § 614; Laws 2018, c. 286, § 4, eff. Nov. 1, 2018.
§70-625.5. Eligibility - Amount - Renewal - Reports.
A. An applicant may be eligible for the award of a scholarship
upon demonstration that the applicant:
1. Desires a scholarship to any accredited school of medicine or
school of osteopathic medicine in the United States of America;
2. Is a bona fide resident of Oklahoma;
3. Has personal financial resources such that, in the absence of
scholarship aid, will be unable to pursue the program of study
desired;
4. Is a person of good moral character;
5. Has successfully completed the program of instruction
prerequisite for admission to the program of study provided for in
Section 625.1 et seq. of this title and has applied for admission to
a medical school;
6. Has capacity to profit by the course of study for which the
applicant seeks aid;
7. Desires to practice medicine in a rural community in
Oklahoma; and
8. Submits proof that the applicant has not accepted or will not
accept any other scholarship assistance which has a conflicting
service obligation requirement.
In determining an applicant’s capacity to profit by the course of
study desired, the Commission shall consider the applicant’s previous
scholastic record, the results of examinations conducted under the
*+,-11'121#+,, .;""(
provisions of Section 625.1 et seq. of this title, and the results of
interviews and such other tests or examinations which the Commission
may deem advisable. In establishing an applicant’s financial need,
the Commission shall conduct a thorough and complete investigation of
the financial resources of the applicant and family.
B. The amount of each scholarship grant shall not exceed Fifteen
Thousand Dollars ($15,000.00) per academic year for students engaged
in their first, second, third or fourth year of study, or equivalent
number of terms completed in an education program in a given period
of months.
C. The method of payment of funds to each recipient of a
scholarship grant shall be in accordance with rules formulated by the
Commission governing the grants for each type of scholarship.
D. Each scholarship is renewable annually for the number of
years required to complete the course of study in which the recipient
is engaged. The Commission shall grant such an annual renewal only
upon the recipient’s application and upon the Commission’s finding
that the recipient:
1. Has completed successfully the work of the preceding year and
presented evidence that the recipient is a student in good standing;
2. Remains a resident of Oklahoma; and
3. Is in a financial situation that warrants the award of a
scholarship under the standards set forth in Section 625.1 et seq. of
this title.
E. The Commission shall make an annual report to the Governor
and Legislature on the activities of the Commission. This report
shall include the names of the recipients of the scholarships, the
amount of the scholarship awards, an accounting of the funds expended
on scholarships and on the administration of the program and a budget
requesting the funds necessary for the operation of the Commission.
The report shall also include an accounting of repayments of
scholarships, whether by services or in cash including interest.
Laws 1970, c. 82, § 5, emerg. eff. March 26, 1970; Laws 1972, c. 13,
§ 2, emerg. eff. Feb. 7, 1972; Laws 1975, c. 258, § 5, emerg. eff.
June 4, 1975; Laws 1976, c. 212, § 17, emerg. eff. June 7, 1976; Laws
1977, c. 220, § 2, emerg. eff. June 14, 1977; Laws 1981, c. 212, §
11, emerg. eff. June 1, 1981; Laws 1991, c. 270, § 27, eff. July 1,
1991; Laws 2004, c. 80, § 1, eff. July 1, 2004.
§70-625.6. Contracts.
Each applicant, before being granted a scholarship, shall enter
into a contract with the Commission agreeing to the terms and
conditions upon which the scholarship shall be granted to the
applicant. Said contract shall include such terms and provisions as
will carry out the full purpose and intent of this act and the form
thereof shall be prepared and approved by the Attorney General. Said
contracts shall be signed by the Secretary on behalf of the
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Commission and by the applicant. The Commission is hereby vested
with full and complete authority and power to sue in its own name any
applicant for any balance due the Commission on any contract. The
Commission shall have authority to cancel any contract made between
it and any recipient of a scholarship upon cause deemed sufficient by
the Commission.
Added by Laws 1970, c. 82, § 6, emerg. eff. March 26, 1970. Amended
by Laws 1972, c. 221, § 7, eff. Aug. 1, 1972; Laws 1976, c. 212, §
18, emerg. eff. June 7, 1976; Laws 2018, c. 286, § 5, eff. Nov. 1,
2018.
§70-625.7. Per diem for Board members.
The members of the Board shall receive no salary but shall be
paid a per diem of Twenty-five Dollars ($25.00) for each day they are
actually and necessarily engaged in the transaction of business,
together with actual and necessary expenses incurred by them in the
performance of their duties, subject to general statutory limitations
on such expenses as contained in Title 74 of the Oklahoma Statutes,
Sections 500.1, et seq.
Laws 1970, c. 82, § 7, emerg. eff. March 26, 1970.
§70-625.8. Repealed by Laws 1989, c. 154, § 2, oper. July 1, 1989.
§70-625.9. Administration transferred to Physician Manpower Training
Commission - Board of Trustees abolished.
The administration of the Oklahoma Rural Medical Education Loan
and Scholarship Fund is hereby transferred to the Physician Manpower
Training Commission as established by law. All the powers, duties,
responsibilities, rules and regulations and functions of the Board of
Trustees of the Oklahoma Rural Medical Education Scholarship Fund are
hereby transferred to the Physician Manpower Training Commission and
The Board of Trustees of the Oklahoma Rural Medical Education
Scholarship Fund is hereby abolished and terminated.
Added by Laws 1975, c. 258, § 1, emerg. eff. June 4, 1975.
§70-625.10. Repealed by Laws 1976, c. 212, § 25, emerg. eff. June 7,
1976.
§70-625.10a. Cost-sharing scholarships and loan fund programs -
Administration.
The Physician Manpower Training Commission is hereby authorized
and empowered to establish and administer cost-sharing scholarships
and loan fund programs which shall provide for state assistance to
and participation with community physician education and scholarship
trust funds which are selected and approved by the Commission. Said
state assistance and participation shall be on a state and community
matching formula basis for the funding of the educational costs, fees
*+,-11'121#+,, .;"")
and charges of a selected and qualified student in good standing and
who is duly enrolled in an accredited college of medicine or college
of osteopathic medicine and pursuing a course of study leading to the
degree of Doctor of Medicine or to the degree of Doctor of
Osteopathic Medicine. Said student shall be a bona fide resident of
the State of Oklahoma who desires and agrees to practice his
profession on completion of the course of study and training required
for licensure and certification in the community providing the
initial funds to be matched by the state funds. Communities shall
deposit the initial trust funds with the Physician Manpower Training
Commission to be administered and matched by the Commission for the
education of selected and qualified students to serve and to practice
in the communities with trust funds so established for that purpose
with the Commission. The Commission shall aid and advise communities
in the selection of qualified students to participate in a given
community scholarship program and the Commission shall approve the
selection of a given student for a particular community physician
education scholarship trust fund matching program. The Commission
shall determine the percentage share for the state in the scholarship
matching program with a given community to educate a given and duly
selected student on the basis of the extent of need of the community
and its surrounding area for the services of a practicing physician,
the amount of the initial trust funds the community has raised and
deposited in the physician education scholarship trust fund that is
duly established and the matching funds schedule developed by the
Commission and based upon both the population of the community
determined by the latest Federal Decennial Census and the estimated
median family annual income level as determined on the basis of the
estimates of the Oklahoma Department of Commerce. The state matching
assistance and participation in a given scholarship trust fund
program shall not exceed seventy-five percent (75%) of the total
amount calculated to be necessary to fund the costs of a course of
study for the degree of Doctor of Medicine or the degree of Doctor of
Osteopathic Medicine as determined annually by the Commission.
Repayment of the total amount of the scholarship by the student on
completion of his course of study and on the establishment of his
practice in the community shall be made to the state fund and to the
community trust fund in accordance with the percentage and total
amounts contributed by the state and by the community to the matching
scholarship trust fund program and in accordance with the provisions
of Section 625.5 of this title and contract requirements of Section
625.6 of this title which shall apply in all cases to students
participating in said community physician education scholarship trust
fund programs administered by the Commission with the exception of
the maximum amount allowable in payment to the student which shall be
based on an annual review of the costs, fees and charges of the
school of medicine or school of osteopathic medicine in which the
*+,-11'121#+,, .;""!
student is enrolled and participating which shall be made by the
Commission.
The procedures, terms and conditions governing the scholarships
and how they are administered shall be as prescribed and formulated
by the Physician Manpower Training Commission but shall include the
following:
1. Communities desiring to participate in a loan and scholarship
program shall select a student who meets the requirements for
participation and give notice to the Commission.
2. The Commission shall aid and advise communities in the
selection of qualified students to participate in a given community
loan and scholarship program.
3. The communities shall deposit with the Commission the initial
year scholarship funds provided by the community which funds shall be
a percentage of the total educational and associated costs of the
student in the course of study in an accredited college of medicine
or college of osteopathic medicine and which funds are to be used in
the education of the selected student.
4. The Commission shall review and approve the selection of a
given student and shall then match the initial community funds with
state funds from the Oklahoma Community Physician Education Loan and
Scholarship Program Fund in the amount needed to meet the total cost
for educating the student for one (1) year as agreed by the
Commission and the community in each particular case.
5. The Commission shall determine the percentage share for the
state in the loan and scholarship program with a given community to
educate a selected student on the basis of:
a. the extent of need of the community and its
surrounding area for the services of a practicing physician;
b. the amount of the initial trust funds the
community has raised and deposited with the Commission for the
education of a selected student;
c. the population of the community which shall be
determined on the basis of the current estimates made by the Oklahoma
Department of Commerce.
6. The state matching assistance and participation by the
Commission in a given loan and scholarship program for a particular
student shall not exceed seventy-five percent (75%) of the total
amount calculated to be necessary to fund one (1) year of study for
the degree of Doctor of Medicine or the degree of Doctor of
Osteopathic Medicine as determined annually by the Commission at the
school of medicine or osteopathic medicine in which the selected
student is enrolled.
7. Each scholarship recipient, upon completion of his course of
study, shall repay his loan and scholarship to the state and to the
community and receive forgiveness on repayment of the funds from the
state and from the community by practicing his profession in the
*+,-11'121#+,, .;""
community in Oklahoma providing the initial funds at a minimum for
one (1) year for each Five Thousand Dollars ($5,000.00) the community
and the state financed the scholarship program for the student;
provided, however, that the recipient will be given no credit for
payment, repayment and reduction of said obligation to the community
and the state by serving the given community for a period less than
two (2) years or, when approved by the Commission in agreement with
the community and terms of the contracts involved, repayment may be
made in cash with interest at the rate of twelve percent (12%) per
annum, said interest to accrue from the date each payment of funds
pursuant to the loan and scholarship program is made. In addition,
should a recipient who accepts financial assistance after July 1,
1977, elect not to perform his obligated service in the sponsoring
community, the agreed upon sum denoted as liquidated damages in the
contract shall be assessed the recipient. No interest shall accrue on
the principal during any one period of time that the recipient
thereof is required to serve in the Armed Forces of the United
States, or during his internship or residency, if in a primary care
area and the required service, internship or residency does not
exceed four (4) years. Provided that no interest shall accrue for
six (6) months following each of the above exceptions.
Each student who applies to participate in a community and state
matching loan and scholarship program shall enter into a contract
administered by the Commission on behalf of the state and a given
community which has provided the initial scholarship funds to educate
a selected student. The contract shall be between the State of
Oklahoma and the selected student by which contract the student
agrees to return to the community which provided the initial loan and
scholarship funds and to practice his profession, on completion of
the course of study and training required for licensure and
certification, for the number of years for which the student received
assistance from the community and the state and in accordance with
the conditions specified in the contract agreed to by the student and
the given community which selected the student. Any repayment of the
total amount of the scholarship or any portion thereof as provided in
this act and in the contract between the state and the student shall
be made to the state deposited into the Community Matching Loan and
Scholarship Repayment Revolving Fund hereby created in the State
Treasury. The community portion of any repayment monies deposited in
said fund shall be withdrawn from the revolving fund and returned to
the community on request or, if the community so chooses, said
repayment monies shall be held available in said fund for
reallocation by the community and the state to the Community
Physician Education Loan and Scholarship Program Fund to educate
another student selected by the community and approved by the
Commission. The form of the contracts shall be prepared and approved
by the Attorney General. The Commission is hereby vested with full
*+,-11'121#+,, .;"""
and complete authority and power to sue in its own name any applicant
for any balance due the Commission for repayment of the scholarship
on any contract or for failure by the applicant to fulfill the terms
of his contract in any way. Said contracts shall be signed by the
Chairman of the Commission and by the student for and by a
representative of the community which selected the student. The
Commission shall have authority to cancel the contract it makes
between the Commission and any recipient of a scholarship upon cause
deemed sufficient by the Commission.
Amended by Laws 1982, c. 96, § 2, operative Oct. 1, 1982; Laws 1986,
c. 207, § 63, operative July 1, 1986.
§70-625.11. Community Physician Education Scholarship Program Fund.
There is hereby created and established the Oklahoma Community
Physician Education Scholarship Program Fund which fund shall be
administered by the Physician Manpower Training Commission for the
purposes of providing the state matching funds assistance for
scholarship programs with given communities. The Commission shall be
empowered to contract for services with any state agencies,
institutions or any public or private corporation involved in and
conducting programs in physician manpower placement in order that the
Commission may perform its functions in an efficient and timely
fashion.
Laws 1975, c. 258, § 4, emerg. eff. June 4, 1975.
§70-625.12. Scholarship - Conditions for eligibility.
A. A student may be eligible to apply for and be granted a
scholarship under the community and state matching program when the
following conditions are met:
1. That the student desires a scholarship to cover the costs and
expenses of pursuing the degree of Doctor of Medicine or the degree
of Doctor of Osteopathic Medicine at any accredited school of
medicine or school of osteopathic medicine in the United States of
America;
2. That the student is a bona fide resident of the State of
Oklahoma;
3. That the student desires and agrees to practice his
profession in the community in Oklahoma providing the initial funds
and subject to the terms and conditions of the contract between the
student and the community and the contract between the student and
the state;
4. That the student is a person of good moral character;
5. That the student has a capacity to profit by the course of
study for which he seeks aid;
6. That the student has successfully completed the program of
instruction prerequisite for admission to or continuation in the
program of study provided for in this act and has applied and been
*+,-11'121#+,, .;""
accepted or is currently a student at an accredited school of
medicine or school of osteopathic medicine;
7. That the personal financial resources of the student are such
that he can demonstrate need for assistance to pursue successfully
the course of study in which he is engaged; and
8. That the student submits proof that he has not accepted or
will not accept any other scholarship assistance which has a
conflicting service obligation requirement.
In determining an applicant student's capacity to profit by the
course of study he desires to pursue, the Commission shall consider
his previous scholastic record, the results of examinations conducted
under the provisions of this act, and the results of interviews and
such other tests or examinations which the Commission may deem
advisable.
In establishing an applicant student's financial need, the
Commission shall conduct a thorough and complete investigation of the
financial resources of the applicant and his family.
B. The method of payment of funds to each student participating
in the scholarship program shall be in accordance with rules
formulated by the Commission governing the grants for each type of
scholarship involved.
C. Each scholarship shall be renegotiated annually by the
Commission to determine if a change has occurred in the ability of
the community to match funds at the agreed level or if a change has
occurred in the student's financial need or desire to practice in the
community providing the initial funds. Each scholarship may be
renewed annually for the number of years required to complete the
course of study in which the recipient is engaged. The Commission
shall grant such an annual renewal only upon the recipient's
application and upon the Commission's finding that the student has
completed successfully the work of the preceding year and presented
evidence that he is a student in good standing, and that he remains a
resident of Oklahoma.
Laws 1976, c. 212, § 20, emerg. eff. June 7, 1976; Laws 1977, c. 220,
§ 4, emerg. eff. June 14, 1977.
§70-625.13. Community Match Rural Scholarship Incentive Program.
A. There is hereby created the "Community Match Rural
Scholarship Incentive Program" which shall be conducted and
administered by the Physician Manpower Training Commission. The
purpose of this program is to provide for the fair and necessary
distribution of funds allocated to it by the Legislature to provide
monies to the following programs under the Physician Manpower
Training Commission:
1. The Community Matching Intern/Resident Program;
2. The Oklahoma Rural Medical Education Loan Scholarship
Program;
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3. The Family/General Practice Resident Rural Scholarship Loan
Program, created pursuant to this section; and
4. The Family/General Practice Residency Grant Program, created
pursuant to this section.
The Physician Manpower Training Commission is hereby authorized
to distribute such monies to the funds specified in Sections 625.1,
625.4a and 697.18 of this title necessary to fund the programs
specified in this section.
B. The Physician Manpower Training Commission shall establish
and administer a Family/General Practice Resident Rural Scholarship
Loan Program for the purpose of assisting Oklahoma's rural
communities by providing financial assistance through a scholarship
loan forgiveness program to residents enrolled in an accredited
Family Practice or General Practice residency program. The
Commission shall establish the eligibility standards, the amount of
the loan not to exceed One Thousand Dollars ($1,000.00) per month,
the service obligation of the recipient of the loan, and any
penalties related to the breach of the service contract or failure to
repay such loan plus interest and penalty.
C. The Physician Manpower Training Commission shall establish and
administer a Family/General Practice Residency Grant Program for the
purpose of assisting Oklahoma's rural communities by providing
financial assistance through a grant program to residents enrolled in
an accredited Family Practice or General Practice residency program.
The Commission shall establish the eligibility standards, the amount
of the grant not to exceed Five Thousand Dollars ($5,000.00) per
year, up to three (3) years, the program obligations of the recipient
of the grant, and any penalties related to the breach of the grant
obligations or failure to repay the grant plus interest.
Added by Laws 1992, c. 324, § 19, eff. July 1, 1992.
§70-625.14. Internship and residency physician training - Cost -
Sharing programs.
The Physician Manpower Training Commission shall establish and
administer cost-sharing programs for internship and residency
physician training, which Commission shall provide for state
assistance by sharing the cost on a percentage basis, as may be
prescribed by law or as determined by the Commission, of the salary,
fringe benefits, training and program administration of the interns
and residents as may be arranged by contract for reimbursement with
an accredited and approved hospital and accredited clinical programs
throughout the state in cooperation with the University of Oklahoma
College of Medicine and the University of Oklahoma College of
Medicine at Tulsa, which physician training institutions in the state
shall serve as the administrative agent for internship and residency
programs which are located in hospitals and clinical training
programs throughout the state, which programs are affiliated with
*+,-11'121#+,, .;"
said institutions and approved for funding by the Commission. The
Commission shall conduct the planning, coordination and selection of
said training programs to assure the effective and efficient
operation of these programs. Not less than fifty percent (50%) of
the subsidy for these programs shall be used in the training of
primary health care and family practice physicians for the rural and
medically underserved areas of the state. Provided that such subsidy
may be used for the primary purpose of increasing the total number of
residencies funded by the State of Oklahoma, wherever located within
the state, during that period in which residency programs are being
established in rural areas; provided further, that as said residency
programs are established and accredited in rural hospitals, residency
positions in such programs shall be first provided for by the
Commission. The Commission shall present a report to the Governor,
the Speaker of the House of Representatives and the President Pro
Tempore of the Senate within one (1) month of the beginning of each
regular legislative session on the operation of the programs
including the progress made in accomplishing the goals of physician
training as to type of specialties and manpower placement of the kind
necessary to provide adequate health care to the people throughout
the State of Oklahoma. The subsidy to the participating hospital,
clinical situation or training institution per resident or intern
shall not exceed any maximum or minimum amount as may be prescribed
by law or as determined by the Commission. The actual amount of
subsidy for physician training program situations shall be based upon
a determination by the Commission of:
1. The type of primary care residency and internship programs
involved and being conducted;
2. The extent of reimbursement available through third-party
payers and all other sources; and
3. The program and salary costs incurred in the given training
situation.
Added by Laws 1992, c. 324, § 22, eff. July 1, 1992.
§70-626.1. Short title.
This act shall be known and may be cited as the "Oklahoma Higher
Education Tuition Aid Act."
Added by Laws 1971, c. 149, § 1, emerg. eff. May 22, 1971.
§70-626.2. Aid grants created.
There are hereby created state tuition aid grants which shall be
maintained by the state, awarded and administered pursuant to the
provisions of the Oklahoma Higher Education Tuition Aid Act, and used
by the holders thereof for study in nonprofit, accredited
institutions of higher education in Oklahoma.
Laws 1971, c. 149, § 2, emerg. eff. May 22, 1971. Amended by Laws
1990, c. 263, § 87, operative July 1, 1990.
*+,-11'121#+,, .;"$
§70-626.3. Administration.
It shall be the duty of the Oklahoma State Regents for Higher
Education to administer the provisions of this act.
Added by Laws 1971, c. 149, § 3, emerg. eff. May 22, 1971.
§70-626.4. Number of grants - Work schedule - Certain students to be
defined - Minimum eligibility requirements.
State tuition aid grants shall be awarded to all eligible
applicants without any limitation on the number to be awarded in any
year other than the amount of appropriations available therefor. The
institution involved may appropriately schedule work to permit
recipients to earn the amount of said tuition grants.
Definitions of full-time and part-time undergraduate and graduate
students shall be established by the Oklahoma State Regents for
Higher Education.
Added by Laws 1971, c. 149, § 4, emerg. eff. May 22, 1971. Amended
by Laws 1982, c. 20, § 1, emerg. eff. March 23, 1982; Laws 1999, c.
379, § 1, eff. July 1, 1999.
§70-626.5. Discrimination.
State tuition aid grants shall be awarded without regard to race,
religion, creed, or sex.
Added by Laws 1971, c. 149, § 5, emerg. eff. May 22, 1971.
§70-626.6. Qualifications for grant.
No person shall be awarded a state tuition aid grant unless the
person:
1. Is a resident of the State of Oklahoma. Such residency shall
meet requirements as set out by the Oklahoma State Regents for Higher
Education;
2. Has demonstrated financial need for such tuition aid as
determined by Sections 626.2 and 626.7 of this title and in
accordance with procedures to be established by the Oklahoma State
Regents for Higher Education;
3. Is not incarcerated in a state, federal or private
correctional facility;
4. Has demonstrated high moral character, good citizenship and
dedication to American ideals;
5. Has applied for state tuition aid and has been determined to
be eligible for such tuition aid; and
6. Has complied with all the rules adopted pursuant to the
Oklahoma Higher Education Tuition Aid Act for the award, regulation
and administration of state college tuition aid.
Added by Laws 1971, c. 149, § 6, emerg. eff. May 22, 1971. Amended
by Laws 1995, c. 247, § 1, eff. July 1, 1995.
*+,-11'121#+,, .;"(
§70-626.7. Awarding of grant - Amount.
A college tuition aid grant shall be awarded annually to each
eligible, qualified full-time or part-time undergraduate or graduate
student enrolled in a curriculum leading to a degree or certificate
in an institution of collegiate grade or postsecondary institution
providing a program of training to prepare students for employment in
a recognized occupation in Oklahoma approved or accredited by the
Oklahoma State Regents for Higher Education or appropriate
postsecondary agency in accordance with the following:
1. Eligibility. Each full-time or part-time resident student
will be eligible to receive a grant in an amount as provided in
paragraph 2 of this section. The Oklahoma State Regents for Higher
Education shall determine by rules and regulations the maximum number
of semesters a student may be eligible for grants. No student shall
be eligible for grants unless the student maintains such minimum
standards of academic performance as are required by the institution
in which the student is enrolled.
In the event a student for any reason ceases to continue to be
enrolled during the course of an academic year, the student shall
cease to be eligible for tuition aid.
2. Amount of grant. The amount of tuition aid grant to any
student under this act for any semester shall represent a percentage
not greater than seventy-five percent (75%) of the tuition and
enrollment fees normally charged to residents of the State of
Oklahoma by the institution of attendance. The Oklahoma State
Regents for Higher Education shall determine by rules the annual
maximum award amount based on an annual assessment of funds
availability. The State Regents shall not increase the annual
maximum award amount unless funding is sufficient to serve at least
the same number of students as the previous academic year.
For the 2000-2001 academic year and each academic year
thereafter, the percentage of aid shall be based on a need analysis
system that is consistent with federal student financial aid
regulations. The Oklahoma State Regents for Higher Education shall
set an annual award payment schedule based upon a maximum grant of
seventy-five percent (75%) of tuition and fees with grants based on
lower percentages of tuition and fees being awarded to students who
demonstrate lower financial need.
Any student who receives an award for the 1999-2000 academic year
shall not be denied additional awards because of inability to meet
the financial standards established in this act as long as other
eligibility criteria continue to be met and as long as the award
status of the student is renewed on an annual basis. The Oklahoma
State Regents for Higher Education are authorized to establish
procedures to determine the financial need of the student under the
standards used during the 1999-2000 academic year until the initial
degree requirements are met by the student.
*+,-11'121#+,, .;"
Financial assistance received under this act will be considered
as part of a student's financial aid package.
Added by Laws 1971, c. 149, § 7, emerg. eff. May 22, 1971. Amended
by Laws 1982, c. 20, § 2, emerg. eff. March 23, 1982; Laws 1990, c.
263, § 88, operative July 1, 1990; Laws 1999, c. 379, § 2, eff. July
1, 1999.
§70-626.8. Effectuating provisions of act - Determining priorities
for participation.
The Oklahoma State Regents for Higher Education may adopt rules
and regulations, prescribe and provide appropriate forms for
application and employ such persons, contract for such services and
make such additional expenditures as may be necessary or appropriate
for effectuating the provisions of this act.
The Oklahoma State Regents for Higher Education are hereby
authorized to determine priorities for participation in this tuition
aid program by full-time, part-time, undergraduate and graduate
students based on available state funding.
Amended by Laws 1982, c. 20, § 3, emerg. eff. March 23, 1982.
§70-626.9. Policies of institutions unaffected.
This act shall not be construed as granting any authority to
control or influence the policies of any educational institution
because it accepts students receiving tuition aid grants, nor to
require any such institution to admit or once admitted to continue in
such institution any tuition aid recipient.
Added by Laws 1971, c. 149, § 9, emerg. eff. May 22, 1971.
§70-626.10. Legislative intent - Funding.
It is the intent of the Oklahoma Legislature that the provisions
of this act become effective only after funding for this purpose has
been provided through special appropriations, or funding is otherwise
provided by gifts or grants for this purpose or both.
Added by Laws 1971, c. 149, § 10, emerg. eff. May 22, 1971.
§70-627.1. Fund established - Administration.
There is hereby established the Osteopathy Education Assistance
Fund which shall be administered by the Oklahoma State Regents for
Higher Education and shall serve the purpose of assisting bona fide
citizens of Oklahoma pursuing the study of osteopathy at approved
schools of osteopathy and making satisfactory progress toward meeting
the requirements for graduation. The State Regents are authorized
and directed to promulgate appropriate rules and regulations for the
administration of this program similarly as the Dental Education
Assistance Program is operated, provided, however that the maximum
assistance paid to any one student in a calendar year shall not
exceed the amount of the fees and tuition charged nonresident
*+,-11'121#+,, .;")
students at the institutions at which the Oklahoma students are in
attendance.
Added by Laws 1971, c. 284, § 1, emerg. eff. June 17, 1971.
§70-628.1. Repealed by Laws 1976, c. 220, § 17, emerg. eff. June 9,
1976.
§70-628.2. Study of income received for revolving funds.
The State Regents should make a thorough study of the income
received for the revolving fund of each institution and other budget
agency to determine that all educational budget income, as defined by
the law creating the revolving fund, the State Budget Law, and the
manual of the National Committee on Standard Reports, is being
collected and deposited by each institution into the revolving fund
of the State Treasury as provided by law; but, in keeping with the
definition of "revolving fund" recommended in the Second Annual
Report of the Oklahoma Commission on Education, income from gifts,
research grants and contracts which is deposited for the revolving
fund of any institution shall not be considered by the Oklahoma State
Regents for Higher Education in determining the allocation of state
appropriated funds to each institution.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 2, emerg. eff. June 17,
1971.
§70-628.3. Needs of community junior colleges.
The State Regents should give particular attention to the needs
of existing community junior colleges, when allocating funds
appropriated by the Legislature, in order to carry out the spirit of
Sections 1402 and 1408, Chapter 100, O.S.L. 1967 (70 O.S.Supp. 1970,
Sections 4402 and 4408), as amended; provided further that the
Legislature desires that the community junior colleges be funded with
a minimum of seventy-five percent (75%) FTE per capita costs for
fiscal year 1972 and one hundred percent (100%) for fiscal year 1973,
as compared to state-supported junior colleges.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 3, emerg. eff. June 17,
1971.
§70-628.4. Oklahoma Medical Center.
The State Regents should allocate to the University of Oklahoma
Medical Center, from appropriations made by the Legislature, funds as
needed for special support in lieu of tuition for the School for the
Deaf operated as a laboratory for the Speech and Hearing Clinic of
the Medical Center; providing that no tuition shall be charged.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 4, emerg. eff. June 17,
1971.
§70-628.5. Dentistry.
*+,-11'121#+,, .;"!
A program of assistance to citizens of Oklahoma studying
dentistry outside the state is hereby authorized for administration
by the Oklahoma State Regents for Higher Education. The State
Regents are authorized to provide direct assistance to bona fide
citizens of Oklahoma pursuing the study of dentistry at accredited
dental schools, and making satisfactory progress in their study, in
an amount not to exceed the equivalent of the nonresident tuition
charged at state-supported schools of dentistry, to be administered
under rules and regulations formulated by the State Regents for this
purpose. Provided, further, that the State Regents may operate an
assistance program for citizens of the state studying optometry
similar to that operated for dental students. It is the intent of
the Legislature that the State Regents allocate from appropriations
made by the Legislature sufficient funds for carrying out the purpose
of this program.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 5, emerg. eff. June 17,
1971.
§70-628.6. Jane Brooks School for the Deaf.
The State Regents should allocate to the Oklahoma College of
Liberal Arts, from appropriations made by the Legislature, funds as
needed for special support of the Jane Brooks School for the Deaf as
a laboratory for the training of special education teachers at this
institution.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 6, emerg. eff. June 17,
1971.
§70-628.7. Student Educational Assistance Fund.
The sum of One Hundred Thousand Dollars ($100,000.00) of the
appropriation made by the Legislature in House Bill No. 1124 of the
lst Session of the 33rd Oklahoma Legislature shall be allocated to
the Student Educational Assistance Fund provided for in Sections 1
and 2, Chapter 482, O.S.L. 1965, as amended by Section 1, Chapter 3,
O.S.L. 1967 (70 O.S. Supp. 1970, Sections 622 and 623), and be
utilized in carrying out the provisions of this act as amended, and
the State Regents shall allocate, hold, maintain and administer funds
so appropriated under the same regulations and procedures as are
followed in administering the federally guaranteed Student Loan
Program.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 7, emerg. eff. June 17,
1971.
§70-628.8. Oklahoma School of Nursing.
The State Regents should provide to the University of Oklahoma
School of Nursing sufficient funds for planning during the year 1971-
72 and sufficient funds thereafter to fully implement House
*+,-11'121#+,, .;"
Concurrent Resolution No. 1038 adopted by the 2nd Session of the 32nd
Oklahoma Legislature.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 8, emerg. eff. June 17,
1971.
§70-628.9. Fire Service Training.
The State Regents may provide to Oklahoma State University, in
addition to that institution's regular budget allocation for
educational and general operating functions, a separate allocation of
sufficient funds for underwriting the costs of special programs in
fire protection to be carried out through Oklahoma State University
Fire Service Training; and the Legislature further expresses its
intent that the Oklahoma State Regents for Higher Education provide
sufficient funds to expand the program of fire training adequate to
meet the needs of the State of Oklahoma, since such program is a
matter of essential public interest and safety.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 9, emerg. eff. June 17,
1971. Amended by Laws 2013, c. 220, § 2, eff. Nov. 1, 2013.
§70-628.10. Cameron College - Library.
The State Regents should provide sufficient funds to Cameron
College for equipping the library with adequate books and materials
as necessary to meet the standards for accreditation by the North
Central Association of Colleges and Secondary Schools as it operates
to carry out the new function of four-year college education recently
assigned this institution by the State Regents. This section shall be
interpreted to include but not be limited to the thirty thousand
(30,000) volumes purchased from Xavier College, Silver Springs,
Maryland.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 10, emerg. eff. June
17, 1971.
§70-628.11. Repealed by Laws 1990, c. 218, § 10, eff. July 1, 1991.
§70-628.12. Repealed by Laws 1990, c. 218, § 10, eff. July 1, 1991.
§70-628.13. High school students - Concurrent enrollment in college
or university courses - Tuition waiver.
A. 1. The Oklahoma State Regents for Higher Education, in
cooperation with the State Board of Education, shall actively
encourage the concurrent enrollment in college or university courses
of eligible high school students on high school campuses, on college
and university campuses and via online courses.
2. The State Regents and State Board shall establish concurrent
enrollment requirements with an emphasis on determining course
readiness and take all necessary actions to ensure the availability
*+,-11'121#+,, .;""
of concurrent enrollment opportunities to students in all Oklahoma
high schools.
B. The State Board of Education in cooperation with the Oklahoma
State Regents for Higher Education shall prepare promotional
materials explaining the requirements, features and opportunities of
concurrent enrollment and shall ensure that the independent school
districts distribute the materials to each student prior to
enrollment for each year of high school.
C. No institution of The Oklahoma State System of Higher
Education shall deny enrollment in any course to any otherwise
eligible high school student, or student of at least thirteen (13)
years of age who is receiving high-school-level instruction at home,
who meets the requirements of concurrent enrollment, nor shall any
independent school district prohibit any student who meets the
requirements of concurrent enrollment from participating.
D. 1. Each high school senior who meets the eligibility
requirements for concurrent enrollment shall be entitled to receive a
tuition waiver equivalent to the amount of resident tuition for a
maximum of eighteen (18) credit hours in their senior year.
2. Subject to the high school senior concurrent enrollment
program being fully funded, each high school junior who meets the
eligibility requirements for concurrent enrollment shall be entitled
to receive a tuition waiver equivalent to the amount of resident
tuition for a maximum of nine (9) credit hours in their junior year,
subject to the availability of funds.
3. Tuition waivers provided pursuant to this section shall be
granted without any limitation on the number of waivers granted in
any year other than the amount of funds available for the program and
the number of eligible applicants.
E. When a student earns college credit through concurrent
enrollment, school districts shall provide academic credit for any
concurrently enrolled higher education courses that are correlated
with the academic credit awarded by the institution of higher
education. Academic credit shall only be transcripted as elective
credit if there is no correlation between the concurrent enrollment
higher education course and a course provided by the school district.
F. On or before December 1 of each year, the Oklahoma State
Regents for Higher Education shall issue an annual report on the
concurrent enrollment program implemented pursuant to this section.
The annual report shall include but not be limited to the following
information:
1. The number of students participating in concurrent
enrollment;
2. The number of students participating in concurrent enrollment
who received tuition waivers pursuant to subsection D of this
section;
*+,-11'121#+,, .;"
3. The high school graduation rate of students described in
paragraphs 1 and 2 of this subsection; and
4. The number of students described in paragraphs 1 and 2 of
this subsection who earned an associate's degree or a bachelor's
degree at an institution of higher education.
The annual report shall be posted on the websites of the Oklahoma
State Regents for Higher Education and the State Department of
Education.
Added by Laws 1971, S.J.R. No. 38, p. 1034, § 13, emerg. eff. June
17, 1971. Amended by Laws 1977, c. 131, § 1, emerg. eff. June 3,
1977; Laws 1988, c. 91, § 1, emerg. eff. March 29, 1988; Laws 1989,
c. 299, § 4, emerg. eff. May 24, 1989; Laws 2005, c. 432, § 11, eff.
July 1, 2005; Laws 2009, c. 129, § 1, eff. July 1, 2009; Laws 2018,
c. 236, § 1, eff. July 1, 2018.
§70-628.14. Medical education in Tulsa.
The Oklahoma State Regents for Higher Education are requested to
authorize an extension of the administrative functions of the
University of Oklahoma School of Medicine for the purpose of
developing medical education in the Tulsa metropolitan area and for
cooperation with appropriate institutions and agencies in the
implementation of education programs for interns, residents and
practicing physicians; and further, to request that the
implementation thereof be accomplished by requesting that the
University of Oklahoma Medical School establish an administrative
office in Tulsa staffed by a vice-dean of the School of Medicine or
other appropriate administrative officer to carry out the extension
of the administrative functions of the University of Oklahoma School
of Medicine as may be authorized by the State Regents.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 14, emerg. eff. June
17, 1971.
§70-628.15. Certain written commitments exempt.
Pursuant to the provisions of Section 2 of Article XIII-A which
reserves to the Legislature the exclusive authority to prescribe
student fees, any written commitments made by a Board of Regents
pursuant to the authority of Section 1013, Chapter 396, O.S.L. 1965
(70 O.S. Supp. 1970, Section 4013) prior to the effective date of
Section 2, Chapter 250, O.S.L. 1970 (70 O.S. Supp. 1970, Section
4014) shall be exempt from the provisions of said Section 2 and such
Boards of Regents may issue bonds as provided in such commitment.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 15, emerg. eff. June
17, 1971.
§70-628.16. East Central State College.
The State Regents should provide sufficient funds to East Central
State College to fully implement the new educational program in
*+,-11'121#+,, .;
Environmental Science recently approved by the State Regents for
operation at this institution and encourage the development of this
program to its full potential, consistent with House Concurrent
Resolution No. 1022 of the First Session of the Thirty-third Oklahoma
Legislature, relating to the designation of this college as the media
information center for education of this type for the entire state
system.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 16, emerg. eff. June
17, 1971.
§70-628.17. Separate and additional allocations.
It is the intent of the Legislature that monies to fund the
policies and programs set out above shall be by separate allocations
made by the State Regents to the affected institutions and in each
case shall be in addition to that institution's regular budgetary
allocation for educational and general operating functions.
Laws 1971, p. 1034, S.J.R. No. 38, § 17, emerg. eff. June 17, 1971.
§70-628.18. Appropriation - Amendment.
Not less than One Million Two Hundred Fifty Thousand Dollars
($1,250,000.00) of the funds appropriated by Section 4 of this act
shall be used for the purpose of establishing new special education
classes in school districts. Provided, none of such appropriation
shall be allocated to school districts for existing programs or
classes. If a school district qualifies under the rules and
regulations which the State Board of Education is hereby authorized
to promulgate, such district shall be allocated Five Thousand Dollars
($5,000.00) per class.
Added by Laws 1971, p. 1034, S.J.R. No. 38, § 18, emerg. eff. June
17, 1971.
§70-629. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-630. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-631. Transfer of fund to Permanent School Fund.
The Commissioners of the Land Office of the State of Oklahoma are
hereby authorized and directed to ascertain the amount of the Home
Loan Fund, created by the Act of March 28, 1919, and now in the hands
of said Commissioners, and to transfer and deposit said amount into
the Permanent School Fund of the State of Oklahoma.
Laws 1931, p. 89, § 1.
§70-632. Transfer of monies collected to permanent fund.
The Commissioners of the Land Office are further directed, as
collections are made from outstanding loans made from said Home Loan
*+,-11'121#+,, .;
Fund, to transfer all sums coming into their hands, when and as
collected, into the said permanent fund.
Laws 1931, p. 89, § 2.
§70-633. Repealed by Laws 1941, p. 464, § 7.
§70-634. Default - Foreclosure - Receivership.
In case of default in the payment of interest due upon any loan
made by the Commissioners of the Land Office or upon the failure of
the mortgagor, or his assigns, to comply with any of the terms or
conditions of any mortgage as therein provided, it shall be the duty
of any court of competent jurisdiction in action to foreclose such
mortgage upon the application of the Commissioners and a showing of
default or breach of any of the terms of said mortgage to appoint a
receiver to take charge of the real estate covered by said mortgage
which said receiver shall be authorized and empowered to take full
charge of said real estate pending the final determination of said
action, and the occupant of said premises, whether he be the fee
owner of said real estate or otherwise, shall surrender possession of
said real estate to the said receiver or secure a lease on said
premises from the said receiver and shall account to said receiver
for all rents arising from said real estate, and the court wherein
said action is pending shall have authority to enforce the provisions
hereof by ordering the removal of the occupant of the premises
involved in any action, in case said occupant should fail to comply
with the provisions hereof.
Laws 1919, c. 194, p. 273, § 10; Laws 1933, c. 91, p. 166, § 10.
§70-635. Security for home loan mortgages and notes - Transfer to
Permanent School Fund.
It shall be the duty of the Commissioners of the Land Office and
all the officers of this State who have any control or management of
the fund paid to the Corporation Commissioners by the express
companies or other companies as refunds for overcharges, and
escheated to the State as provided in Chapter 10, Session Laws of
1913, the balance of which fund was, under Section 2, Chapter 194,
Session Laws of 1919, being Section 9475, Oklahoma Compiled Statutes
of 1921, placed by said Corporation Commissioners and other officers
of the state having control or management of said fund, in the hands
of the Commissioners of the Land Office, as a security and guarantee
fund of second mortgage and notes sold under said Chapter 194,
Session Laws of 1919, to place said fund to the credit of the
Permanent Common School Fund of the State of Oklahoma, as provided by
Article XI, Section 3, of the Constitution of the State of Oklahoma,
for escheats.
Laws 1925, c. 24, p. 24, § 2.
*+,-11'121#+,, .;$
§70-649. Repealed by Laws 1941, p. 406, § 11.
§70-649a. Repealed by Laws 1941, p. 406, § 11.
§70-649b. Repealed by Laws 1941, p. 406, § 11.
§70-649c. Repealed by Laws 1941, p. 406, § 11.
§70-649d. Repealed by Laws 1941, p. 406, § 11.
§70-649e. Repealed by Laws 1941, p. 406, § 11.
§70-649f. Repealed by Laws 1941, p. 406, § 11.
§70-649g. Repealed by Laws 1941, p. 406, § 11.
§70-649h. Repealed by Laws 1941, p. 406, § 11.
§70-649i. Repealed by Laws 1941, p. 406, § 11.
§70-649j. Repealed by Laws 1941, p. 406, § 11.
§70-649k. Repealed by Laws 1941, p. 406, § 11.
§70-650. Repealed by Laws 1943, p. 207, § 11.
§70-650a. Repealed by Laws 1943, p. 207, § 11.
§70-650b. Repealed by Laws 1943, p. 207, § 11.
§70-650c. Repealed by Laws 1943, p. 207, § 11.
§70-650d. Repealed by Laws 1943, p. 207, § 11.
§70-650e. Repealed by Laws 1943, p. 207, § 11.
§70-650f. Repealed by Laws 1943, p. 207, § 11.
§70-650g. Repealed by Laws 1943, p. 207, § 11.
§70-650h. Repealed by Laws 1943, p. 207, § 11.
§70-650i. Repealed by Laws 1943, p. 207, § 11.
§70-651.1. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.2. Repealed by Laws 1947, p. 510, art. III, § 12.
*+,-11'121#+,, .;(
§70-651.3. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.4. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.5. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.6. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.7. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.8. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.9. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.10. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.11. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-651.12. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.13. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-651.14. Repealed by Laws 1947, p. 510, art. III, § 12.
§70-652.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.9. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.10. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-652.11. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;
§70-654. Repealed by Laws 1951, p. 235, § 34.
§70-661. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-662. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-663. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-664. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-665. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-666. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-667. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-668. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-669. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-681. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-682. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-683. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-684. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-688. Repealed by Laws 1967, c. 329, § 2, eff. May 16, 1967.
§70-688.l. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-691. Interest on county deposits credited to common school fund.
The county treasurer shall immediately upon the passage and
approval of this act place to the credit of the common school fund of
the county for distribution, as all other common school funds, all
the interest money now on hand accrued on the average daily balances
of money deposited with banks in pursuance of the provisions of the
county depository law: All such interest monies hereafter collected
shall at the close of each month be apportioned and credited to the
common school fund of the county.
Laws 1915, c. 146, § 1; Laws 1917, c. 221, p. 405, § 1.
§70-692. Mortgage tax turned into school fund.
The county treasurer shall, immediately upon the passage and
approval of this act, place to the credit of the common school fund
*+,-11'121#+,, .;)
of the county for distribution as all other common school funds, all
the money now on hand derived from the real estate mortgage tax law
as provided in chapter 246 of the Session Laws of 1913; provided,
that all money hereafter collected as provided in chapter 246 of
Session Laws, 1913, shall immediately by placed to the credit of the
common school fund.
Laws 1915, c. 146, § 3.
§70-695.1. Citation.
This act may be cited as the "Oklahoma Student Loan Act."
Laws 1972, c. 125, § 1, emerg. eff. April 6, 1972.
§70-695.2. Definitions.
As used in the Oklahoma Student Loan Act:
1. "Authority" means the Oklahoma Student Loan Authority;
2. "Participating institution" means any educational
institution, public or private, including junior colleges and
vocational-technical schools, which qualifies as an eligible
institution for the federal insured loan program under the Federal
Higher Education Act of 1965, as amended, and participating in
student loan programs under the Oklahoma Student Loan Act;
3. "Qualified person" means a person who is eligible for a
student loan insured by the United States; and
4. "Bond" or "Bonds" means revenue bonds and notes issued by the
Authority.
Laws 1972, c. 125, § 2, emerg. eff. April 6, 1972; Laws 1987, c. 81,
§ 1, operative July 1, 1987; Laws 1992, c. 278, § 1, eff. July 1,
1992.
§70-695.3. Oklahoma Student Loan Authority - Bonds - Legal
investments - Tax exemption.
The Governor is hereby authorized to accept beneficial interest
on behalf of the State of Oklahoma in an express trust which shall be
an agency of the state for the specific object and purpose of
providing student loan funds pursuant to requirements of any
appropriate federal agency to qualified persons as provided herein.
Said state trust shall be entitled the Oklahoma Student Loan
Authority. The Authority shall be created in accordance with the
provisions of Title 60 of the Oklahoma Statutes, Section 176 et seq.
It shall issue bonds or other obligations from time to time for and
on behalf of the State of Oklahoma as such funds are needed to
underwrite loans insured by the United States to qualified persons at
participating institutions as provided herein. Bonds issued by the
Authority, or interest thereon, shall be paid through funds received
by the Authority as provided in Section 695.7 of this title.
All bonds issued under the Oklahoma Student Loan Act are legal
and authorized investments for banks, savings banks, trust companies,
*+,-11'121#+,, .;!
savings and loan associations, insurance companies, credit unions,
fiduciaries, trustees and guardians, and for the State of Oklahoma
and any of its political subdivisions, departments, institutions and
agencies. When accompanied by all unmatured coupons appurtenant
thereto, the bonds are sufficient security for all deposits of state
funds and of all funds of any board in control at the par value of
the bond. The bonds and the income therefrom are free from taxation
within this state.
Amended by Laws 1987, c. 81, § 2, operative July 1, 1987.
§70-695.4. Trustees.
Any trustee appointed to the Authority shall, at the time of the
appointment, be a citizen and resident of the State of Oklahoma for
at least one (1) year prior to the date of appointment. The
Authority shall consist of five (5) members appointed by the Governor
with the advice and consent of the Senate. The members shall be
removable for cause. The regular term of each member shall be five
(5) years.
The trustees shall elect a chairman and secretary and each shall
serve until a successor is elected and qualified and shall perform
such duties as the trustees direct.
The trustees shall adopt rules and regulations as they deem
necessary for the governing of the Authority and the discharge of its
duties and may do all things necessary or convenient to make the
Authority effective for the purpose for which it is created.
The trustees shall be reimbursed pursuant to the State Travel
Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma
Statutes from funds available to the Authority while traveling to and
from official meetings of the Authority and for travel on other
official business of the Authority.
Amended by Laws 1985, c. 178, § 57, operative July 1, 1985; Laws
1990, c. 218, § 1, emerg. eff. May 18, 1990.
§70-695.5. Student Loan Fund.
There shall be created in the Authority the "Student Loan Fund".
The Authority may use the Student Loan Fund to purchase loans insured
by the United States made to qualified persons at participating
institutions and such other expenses as may be appropriate in
connection herewith.
Amended by Laws 1987, c. 81, § 3, operative July 1, 1987.
§70-695.6. Conditions of loans.
The amount of any loan to a qualified person shall be determined
according to regulations promulgated by the Student Loan Authority.
No payment shall be made to any qualified person until he has
executed a note, insured by the United States and payable to a fund
which shall be created to be known as the "Student Loan Sinking
*+,-11'121#+,, .;
Fund", for the full amount of the loan and interest thereon. For the
purpose of the Oklahoma Student Loan Act, Section 695.1 et seq. of
this title, a qualified person has the capacity to contract and is
bound by any contract executed by him; the defense that he was a
minor at the time he executed a note is not available to him in any
action arising on his note. Payments to qualified persons executing
notes may be made annually, semiannually, or for each semester as
determined by the Authority. The rate of interest charged the
student shall not exceed the maximum authorized by federal
regulations. Disbursements may be made to a participating institution
pursuant to a contract between the Authority and the participating
institution executed under the Oklahoma Student Loan Act.
Amended by Laws 1987, c. 81, § 4, operative July 1, 1987.
§70-695.7. Accumulation of loan applications - Disbursal of funds -
Interest - Default - Institutional representative.
A. The Authority shall accumulate individual loan applications
from the several participating institutions and shall submit these
applications to the appropriate federally approved guarantor for
approval and insurance. The Authority may fix deadlines for the
receipt of applications relative to each academic term.
B. The Authority may disburse to each of the participating
institutions funds sufficient only to enable payments to those
participating students whose loans have been approved and insured.
Any funds not so disbursed shall be returned to the Authority by the
participating institution. The Authority may also disburse loan
funds directly to participating students and through institutional
officials.
C. The Authority shall collect interest payments and interest
subsidies paid on behalf of the qualified person by the United States
and shall also collect all interest and principal payments made by
the student under the terms of his obligation to the Student Loan
Fund. When any person who has received a loan fails to make payments
due in accordance with an executed note, the Authority may declare
the full amount of remaining principal and interest due and payable
immediately. In the event of default of payment, the Authority shall
undertake collection and, in the event of failure to collect after
such reasonable efforts as are prescribed by federal regulations,
shall file a claim for payment under the terms of the federal
insurance.
D. The Authority is authorized to designate the president of
each participating institution, or an official of the institution
designated by the president, as a representative for the purpose of
facilitating and processing loan applications, disbursement and
delivery of loan funds to participating students and the receipt of
executed notes and payments thereon by participating students. The
Authority may promulgate such rules and regulations as shall be
*+,-11'121#+,, .;"
deemed necessary and proper to carry out the duties imposed upon the
Authority and any institutional representative under the provisions
of the Oklahoma Student Loan Act.
Amended by Laws 1987, c. 81, § 5, operative July 1, 1987.
§70-695.8. Repealed by Laws 1987, c. 81, § 11, oper. July 1, 1987.
§70-695.9. Oklahoma Student Loan Bonds - Oklahoma Student Loan
Notes.
Upon determination that a need exists under the Oklahoma Student
Loan Act, the Authority shall by resolution provide for the issuance
of negotiable revenue bonds called the "Oklahoma Student Loan Bonds"
or the issuance of notes called the "Oklahoma Student Loan Notes", or
both. The bonds of each issue shall be dated and bear interest as
prescribed by the Authority. The bonds shall mature serially or
otherwise not later than thirty (30) years from their date and may be
redeemable before maturity at the option of the Authority at prices
and under terms and conditions fixed by the Authority in its
resolution providing for the issuance of the bonds. The resolution
shall also determine the form of the bonds, including the form of any
interest coupon to be attached thereto, and shall fix the
denominations of the bonds and the place of the payment of the
principal and interest thereon. The bonds shall be executed on
behalf of the Authority payable only from the funds specified in the
Oklahoma Student Loan Act, and shall not be payable from funds
received or to be received from taxation. The bonds shall be signed
by the chairman and the secretary of the Authority in accordance with
the Uniform Facsimile Signature of Public Officials Act. Interest
coupons shall bear the facsimile signature of the secretary of the
Authority. If any officer whose manual or facsimile signature
appears on any bond or coupon ceases to be an officer before delivery
of the bonds, the signature is valid as if he had remained in office
until the delivery had been made. The resolution may provide for
registration of the bonds as to ownership and for successive
conversion and reconversion from registered to bearer bonds and vice
versa. Before any bonds are delivered to the purchasers, the record
pertaining thereto shall be examined by the Attorney General, and the
record and bonds shall be approved by him. After approval, the bonds
shall be registered with the Authority. After approval and delivery
to the purchasers, the bonds shall constitute obligations of the
Authority, and are negotiable instruments under the laws of the
state. The bonds may be sold at public or private sale by the
Authority at prices and in accordance with procedures and terms it
determines to be advantageous and reasonably obtainable. The
Authority may provide for replacement of any bond which may be
mutilated or destroyed.
*+,-11'121#+,, .;
Neither the bonds issued under this act nor any loans made
pursuant hereto shall be guaranteed by the State of Oklahoma, and the
state shall not place the full faith and credit under obligation
under the terms of this act.
Added by Laws 1972, c. 125, § 9, emerg. eff. April 6, 1972. Amended
by Laws 1987, c. 81, § 6, operative July 1, 1987; Laws 1992, c. 278,
§ 2, eff. July 1, 1992; Laws 1995, c. 305, § 21, eff. July 1, 1995.
§70-695.10. Refunding bonds.
The Authority may, by resolution, provide for the issuance of
refunding bonds to refund any outstanding bonds issued under the
Oklahoma Student Loan Act, together with accrued interest thereon.
Provisions governing the issuance and sale of bonds under the
Oklahoma Student Loan Act govern the issuance and sale of refunding
bonds insofar as applicable. Refunding bonds may be exchanged for
the outstanding bonds or may be sold and the proceeds used to retire
the outstanding bonds.
Laws 1972, c. 125, § 10, emerg. eff. April 6, 1972.
§70-695.11. Deposit of proceeds from bond sales.
All proceeds from the sale of bonds under the Oklahoma Student
Loan Act, except amounts set aside as reserves and the expenses of
selling the bonds and other essential administrative costs, which may
also be paid from the proceeds, shall be deposited to the credit of
the Student Loan Fund.
Laws 1972, c. 125, § 11, emerg. eff. April 6, 1972.
§70-695.12. Repayments to Student Loan Sinking Fund.
All money received by the Oklahoma Student Loan Authority as
repayment of student loans granted under the Oklahoma Student Loan
Act and interest on the loans shall be credited to the "Student Loan
Sinking Fund" of the Authority. The resolution authorizing the
issuance of the bonds may provide for deposit from bond proceeds of
not to exceed twenty-four (24) months' interest, and may provide for
use of bond proceeds as a reserve for the payment of principal and
interest on the bonds. The Authority shall pay or cause to be paid
from the "Student Loan Sinking Fund" the principal and interest on
the bonds as they mature and come due.
Amended by Laws 1987, c. 81, § 7, operative July 1, 1987.
§70-695.13. Investment of monies.
A. Money in the "Student Loan Sinking Fund" and money in the
Student Loan Fund in excess of the amount necessary for student loans
may be invested by the Authority in:
1. Direct obligations of or obligations whose principal and
interest are guaranteed by the United States;
*+,-11'121#+,, .;
2. Direct obligations of or participation certificates
guaranteed by the federal intermediate credit bank, federal land
banks, Federal National Mortgage Association, federal home loan banks
or banks for cooperatives;
3. Certificates of deposit of any bank or trust company whose
deposits are fully secured by a pledge of securities of any kind
specified in this subsection; and
4. Bonds of the state or its political subdivisions.
B. Money in the "Student Loan Sinking Fund" may be invested only
in obligations which are scheduled to mature prior to the date the
money must be available for its intended purpose.
C. All investments under this section may be sold at the
prevailing market price. Income from these investments shall be
credited to the "Student Loan Sinking Fund."
Laws 1972, c. 125, § 13, emerg. eff. April 6, 1972.
§70-695.14. Annual audits of accounts.
Accounts of the Authority shall be audited annually by the State
Auditor and Inspector or by a certified public accountant designated
by the Authority.
Laws 1972, c. 125, § 14, emerg. eff. April 6, 1972; Laws 1979, c. 30,
§ 134, emerg. eff. April 6, 1979.
§70-695.15. Authority of Governor.
The Governor of Oklahoma is hereby authorized to certify that the
State of Oklahoma agrees and undertakes to carry out the provisions
of this act.
Added by Laws 1972, c. 125, § 15, emerg. eff. April 6, 1972.
§70-695.16. Rules and regulations.
Notwithstanding any provisions of this act, the Authority may
adopt such rules and regulations as they deem necessary in order to
comply with federal laws and regulations governing the Federally
Insured Student Loan Program.
Laws 1972, c. 125, § 16, emerg. eff. April 6, 1972.
§70-695.17. Authority to make loans.
The Oklahoma Student Loan Authority and the Oklahoma State
Regents for Higher Education functioning as the fiscal agent for the
Authority in the administration of the Oklahoma Student Loan Act
(Chapter 125, Oklahoma Session Laws 1972; 70 O.S. Supp. 1975,
Sections 695.1 to 695.16) shall have authority to make loans to
qualified students under provisions of said act if the loans are
insured or coinsured by the United States under either Title IV-A or
Title IV-B of the Higher Education Act of 1965, as amended.
Added by Laws 1976, S.J.R. No. 69, p. 610, § 1, emerg. eff. May 4,
1976.
*+,-11'121#+,, .;
§70-695.18. Supplemental loan program.
The Oklahoma Student Loan Authority shall establish and operate a
supplemental loan program for qualified students who are not eligible
for loans under the federally insured student loan program, pursuant
to the following:
A. "Qualified students" shall be those students enrolled in
collegiate education who have completed federal needs analysis and
require additional financial assistance as certified by the
institution of enrollment but are ineligible for a Guaranteed Student
Loan sufficient to meet that need, provided that in no instance shall
a supplemental loan be made to any student whose family income, if
dependent, or whose personal income, if independent, exceeded Eighty
Thousand Dollars ($80,000.00), or the income limitation as adjusted
pursuant to this subsection, in the previous tax year. Beginning
with the fiscal year ending June 30, 2002, the Authority shall
prescribe a cost-of-living adjustment to the income limitation
provided in this section. The adjustment shall be based on the
maximum percentage increase, if any, not to exceed the previous
year's Consumer Price Index for All Urban Consumers (CPI-U) as
prepared by the United States Bureau of Labor Statistics.
B. The Authority may enter into agreements with the
Commissioners of the Land Office for funding this loan program or may
obtain funding through authorized procedures as provided for in the
Oklahoma Student Loan Act.
C. The Authority may enter into agreements with the State
Guarantee Agency or any nationally recognized guarantor approved by
the United States Secretary of Education for the insurance of such
loans.
D. The Authority shall collect its loans when due; and, in the
event of a possible default after due diligence has been performed to
collect, a claim shall be filed with the State Guarantee Agency for
collection under the insurance program, which guarantor shall pay the
claim for the Authority, following which it shall take whatever
action may be necessary to collect from the borrower in order to
assure that the State of Oklahoma will not suffer any loss in
connection with default payments; and if insurance of the loan is
with a nationally recognized guarantor, the same procedure shall
apply.
E. The Authority shall establish the rate of interest to be paid
on loans, which shall be paid by the borrowers to the Authority on a
quarterly basis, which rate shall be as modest as possible for the
benefit of the student but shall be at sufficient level to assure
repayment of the debt incurred to underwrite the loans and expenses
incurred by the Authority in administration of the program.
F. The Authority shall promulgate rules as may be necessary and
appropriate for the full and effective administration of the loan
*+,-11'121#+,, .;$
program provided for in the Oklahoma Student Loan Act, and it shall
be the sole state agency for providing loans to eligible persons
under the federal and state student loan programs.
G. As in the case of other trust agencies, the State of Oklahoma
is not obligated to support with state-appropriated funds the loan
program provided for in the Oklahoma Student Loan Act.
Added by Laws 1987, c. 81, § 8, operative July 1, 1987. Amended by
Laws 2001, c. 303, § 1, eff. July 1, 2001.
§70-695.19. Transfer of records, files, equipment and other property
of Oklahoma Student Loan Program.
All records, files, equipment and other property associated with
the operation of the fiscal agency, also known as the Oklahoma
Student Loan Program (OSLP), shall be and are hereby transferred to
the Oklahoma Student Loan Authority.
Added by Laws 1987, c. 81, § 9, operative July 1, 1987.
§70-695.20. Special audits - Filing of report.
The State Auditor and Inspector shall perform a special audit on
the Oklahoma Student Loan Authority during the fiscal year beginning
July 1, 1992, and at least once each five (5) years thereafter. The
State Auditor and Inspector shall have the power to take custody of
any records necessary to the performance of the audit but shall
minimize actual physical removal of or denial of access to such
records. At the conclusion of the audit, the State Auditor and
Inspector shall meet with the chief executive officer and the audit
committee of the board of trustees of the Authority to review the
audit report to be issued. The report, when issued, shall include
any responses to the audit which the chief executive officer or the
audit committee wishes to have included. The State Auditor and
Inspector shall file the report with the Governor, the President Pro
Tempore of the Senate, the Speaker of the House of Representatives,
the chairs of the Education Committees of the Senate and the House of
Representatives, and the Oklahoma State Regents for Higher Education.
The costs of the audit shall be borne by the Authority.
Added by Laws 1992, c. 188, § 1, eff. July 1, 1992.
§70-695.21. Annual budget.
On or before June 30 of each year the Oklahoma Student Loan
Authority shall submit a budget for the next fiscal year to the
Governor, President Pro Tempore of the Senate, and the Speaker of the
House of Representatives. The budget shall include amounts to be
spent on administration as well as amounts to be allocated for loans.
Added by Laws 1992, c. 188, § 2, eff. July 1, 1992.
§70-696.1. Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8,
1998.
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§70-697.1. Legislative intent.
The Legislature recognizes that there is a need to upgrade the
availability of health care services for people of Oklahoma, and
thus, there is a need to improve the balance of physician manpower
distribution in the state both by type of practice and by geographic
location. Furthermore, the Legislature recognizes the need to
accomodate the increasing number of graduates from the medical and
osteopathic colleges of Oklahoma by retaining their services as
practicing physicians in the state and by attracting graduates from
schools outside the state. Therefore, it is the intent of the
Legislature to increase the number of internship and residency
programs offered for the training of physicians throughout the state
through the sharing by the state of the costs of such internships and
residencies with hospitals and other clinical residency training
establishments. These programs shall be designed primarily to
emphasize the training of primary health care and family practice
physicians and to develop manpower programs to service directly the
rural and nonmetropolitan areas of the state.
Laws 1975, c. 271, § 1, emerg. eff. June 5, 1975.
§70-697.2. Physician Manpower Training Commission - Cost-sharing
programs for internship and residency physician training.
The Physician Manpower Training Commission is authorized to
establish and administer cost-sharing programs for internship and
residency physician training, which Commission shall provide for
state assistance by sharing the cost on a percentage basis, as may be
prescribed by law or as determined by the Commission, of the salary,
fringe benefits, training and program administration of the interns
and residents as may be arranged by contract for reimbursement with
an accredited and approved hospital and accredited clinical programs
throughout the state in cooperation with the Oklahoma State
University College of Osteopathic Medicine, which physician training
institutions in the state shall serve as the administrative agent for
internship and residency programs which are located in hospitals and
clinical training programs throughout the state, which programs are
affiliated with said institutions and approved for funding by the
Commission. The Commission shall conduct the planning, coordination
and selection of said training programs to assure the effective and
efficient operation of these programs. Not less than fifty percent
(50%) of the subsidy for these programs shall be used in the training
of primary health care and family/general practice physicians for the
rural and medically underserved areas of the state. Provided that
such subsidy may be used for the primary purpose of increasing the
total number of residencies funded by the State of Oklahoma, wherever
located within the state, during that period in which residency
programs are being established in rural areas; provided further, that
*+,-11'121#+,, .;
as said residency programs are established and accredited in rural
hospitals, residency positions in such programs shall be first
provided for by the Commission. The Commission shall present a
report to the Governor, the Speaker of the House of Representatives
and the President Pro Tempore of the Senate within one (1) month of
the beginning of each regular legislative session on the operation of
the programs including the progress made in accomplishing the goals
of physician training as to type of specialties and manpower
placement of the kind necessary to provide adequate health care to
the people throughout the State of Oklahoma. The subsidy to the
participating hospital, clinical situation or training institution
per resident or intern shall not exceed any maximum or minimum amount
as may be prescribed by law or as determined by the Commission. The
actual amount of subsidy for physician training program situations
shall be based upon a determination by the Commission of:
1. The type of primary care residency and internship programs
involved and being conducted;
2. The extent of reimbursement available through third-party
payers and all other sources; and
3. The program and salary costs incurred in the given training
situation.
Added by Laws 1975, c. 271, § 2, emerg. eff. June 5, 1975. Amended
by Laws 1976, c. 212, § 10, emerg. eff. June 7, 1976; Laws 1979, c.
250, § 1; Laws 1981, c. 272, § 17, eff. July 1, 1981; Laws 1982, c.
96, § 1, operative Oct. 1, 1982; Laws 1983, c. 333, § 25, emerg. eff.
June 29, 1983; Laws 1992, c. 324, § 20, eff. July 1, 1992; Laws 2018,
c. 286, § 6, eff. Nov. 1, 2018.
§70-697.3. Membership of Commission - Travel expenses.
The Physician Manpower Training Commission shall be composed of
seven (7) members appointed by the Governor with the advice and
consent of the Senate. Three members shall be practicing allopathic
physicians, two shall be practicing osteopathic physicians, and two
shall not be physicians. The membership shall be appointed from
diverse geographic areas of the state. No board member serving on
the effective date of this act shall be removed from the board to
satisfy the requirements of this act, but appointments to fill
vacancies subsequent to the effective date of this act shall be
subject to the requirements of this act. Three members of the
Commission shall be appointed for one-year terms, two members shall
be appointed for three-year terms and two members shall be appointed
for five-year terms, and at the expiration of the initial terms,
succeeding terms of office shall be five (5) years in duration.
There shall be also twelve additional nonvoting ex officio members of
the Commission who shall serve in an advisory capacity only and
include the Dean of the University of Oklahoma College of Medicine or
designee, the Dean of the University of Oklahoma College of Medicine
*+,-11'121#+,, .;)
- Tulsa or designee, the Chair of the Department of Family Medicine
of the University of Oklahoma Health Sciences Center or designee, the
Chair of the Department of Family Practice of the University of
Oklahoma College of Medicine - Tulsa or designee, the Chair of the
Department of General Practice of the Oklahoma College of Osteopathic
Medicine and Surgery or designee, the President of the Oklahoma
Academy of Family Physicians or designee, the President of the
Oklahoma State Medical Association or designee, the President of the
Oklahoma State Osteopathic Association or designee, the President of
the Oklahoma Hospital Association or designee, the Chair of the State
Board of Health or designee, the Provost of the University of
Oklahoma Health Sciences Center or designee, and the Dean of the
Oklahoma College of Osteopathic Medicine and Surgery or designee.
Members of the Commission shall serve without salary, but may be
reimbursed for travel expenses in attending meetings and performing
their duties pursuant to the State Travel Reimbursement Act, Section
500.1 et seq. of Title 74 of the Oklahoma Statutes.
Added by Laws 1975, c. 271, § 3, emerg. eff. June 5, 1975. Amended
by Laws 1977, c. 220, § 5, emerg. eff. June 14, 1977; Laws 1982, c.
330, § 1, emerg. eff. June 1, 1982; Laws 1983, c. 313, § 12,
operative July 1, 1983; Laws 1984, c. 260, § 14, operative July 1,
1984; Laws 1985, c. 178, § 58, operative July 1, 1985; Laws 1988, c.
326, § 35, emerg. eff. July 13, 1988; Laws 1989, c. 227, § 37,
operative July 1, 1989; Laws 2001, c. 127, § 1, eff. Nov. 1, 2001.
§70-697.4. Chairman and vice-chairman - Meetings - Quorum.
The members of the Commission shall elect annually by a simple
majority of the total members present at a regular meeting, a member
to serve as chairman and a member to serve as vice-chairman. The
chairman shall preside at all meetings of the Commission and shall
have the power to call meetings of the Commission with proper notice.
The vice-chairman shall perform these functions in the absence or
incapacity of the chairman. A quorum shall consist of a simple
majority of the total membership of the Commission. A quorum shall
be necessary to conduct any official business.
Laws 1975, c. 271, § 4, emerg. eff. June 5, 1975.
§70-697.5. Powers, duties and responsibilities.
The Physician Manpower Training Commission, in order to perform
its official function in establishing and administering physician
training programs, shall have the following specific powers, duties
and responsibilities:
1. To review all available data on physician manpower in
Oklahoma in order to determine the current and projected distribution
of physicians by geographic location and by type of practice, and, to
accomplish this review, the Commission shall obtain information from
*+,-11'121#+,, .;!
and work in conjunction with the State Department of Health and all
other agencies which gather data and evaluate health manpower needs;
2. To review data and information on accredited physician
internship and residency programs currently operated by Oklahoma
hospitals and other approved clinical situations, in order to
ascertain the number and distribution by physician specialty training
and by geographic location of available internship and residency
positions and to evaluate the impact of internship and residency
placement on the establishment of practices by physicians in that
geographic area or similar areas within the state where their
services are urgently needed;
3. To serve as an agent to advise hospitals, clinics, and
communities on setting up and planning internship and residency
programs which emphasize the provision of additional primary care
physicians to service the rural areas of Oklahoma with primary care
specialties to be defined to include training in the area of internal
medicine, obstetrics and gynecology, pediatrics, emergency trauma,
and family practice;
4. To provide general counsel and advice in the development,
operation and evaluation of physician internship and residency
programs throughout the State of Oklahoma in cooperation with the
efforts of the Oklahoma State Regents for Higher Education and the
state's physician training institutions such as the Oklahoma
University College of Medicine, Oklahoma City and Tulsa campuses, and
the Oklahoma College of Osteopathic Medicine and Surgery, and subject
to accreditation by official and appropriate accrediting agencies;
5. To develop the criteria for determining the physician
training cost component or associated clinical and hospital training
costs which are or may be nonreimbursable by third party payers in
programs proposed by accredited hospitals, clinical situations, or
hospital and clinical programs affiliated with and administered by
the College of Medicine, College of Medicine - Tulsa or College of
Osteopathic Medicine and Surgery in order to determine the share for
the state in supporting the salary, benefits, training and program
administration costs incurred by hospitals in supporting of the
interns and residents;
6. To develop the criteria and procedure by which state matching
funds will be awarded to hospitals, accredited clinical situations,
in cooperation with the University of Oklahoma College of Medicine,
University of Oklahoma College of Medicine - Tulsa, and the Oklahoma
College of Osteopathic Medicine and Surgery which shall administer
programs in hospital and clinical situations in the state to be used
to underwrite the salaries, benefits and associated training and
administration costs provided for the physician interns and residents
during their period of training in such a way as to create an
incentive for the development and establishment of residency and
internship positions by hospitals, clinical establishments or by
*+,-11'121#+,, .;
affiliation agreement with the University of Oklahoma College of
Medicine, University of Oklahoma College of Medicine - Tulsa and the
Oklahoma College of Osteopathic Medicine and Surgery by providing
funds to cover and to supplement the nonreimbursable or additional
costs incurred in hospitals for training activities or for delivery
of service in outreach and ambulatory clinical situations which are
outside but associated with the hospitals and clinical establishments
participating in the program;
7. To review and to approve for inclusion in the programs funded
the applications for funds submitted by accredited hospitals and
clinical situations participating in physician training programs in
cooperation with the University of Oklahoma College of Medicine,
University of Oklahoma College of Medicine - Tulsa and the Oklahoma
College of Osteopathic Medicine and Surgery for the costs of
supplying residents and interns in programs which they administer by
affiliation agreements with hospitals and clinical situations
throughout the state in which the interns and residents are
supervised and funded by the University of Oklahoma College of
Medicine, University of Oklahoma College of Medicine - Tulsa and the
Oklahoma College of Osteopathic Medicine and Surgery and the
hospitals and clinical establishments pay for the patient care
services rendered in their institutions by these residents and
interns during the period of training;
8. To determine the specific level of funding and the priorities
used for granting state support to approved hospitals and clinical
situations, in cooperation with the University of Oklahoma College of
Medicine, University of Oklahoma College of Medicine - Tulsa and the
Oklahoma College of Osteopathic Medicine and Surgery for approved
hospital physician training programs for interns and residents and to
recommend to the Governor and the Oklahoma Legislature the total
funds needed to carry out the purpose of this program;
9. To employ a director and any staff personnel required to
administer the funding of approved physician training programs and to
contract with other state agencies and institutions to conduct and to
perform specified services, functions and aspects in administering
state funds on the specified cost-sharing basis determined by the
Commission or for developing programs and community and institutional
participation in these training programs;
10. To ensure that hospitals or clinical situations that can
qualify in all sections of Oklahoma be utilized, and to take all
steps necessary to assist such hospitals or clinics in obtaining
necessary recognition or status, or in meeting standards for
accreditation or affiliation so that they may participate in these
physician training programs;
11. To ensure that in programs administered and operated by the
University of Oklahoma College of Medicine, University of Oklahoma
College of Medicine - Tulsa and the Oklahoma College of Osteopathic
*+,-11'121#+,, .;"
Medicine and Surgery in hospitals and clinical situations throughout
the state that funds allocated to the colleges are paid by the
hospitals and clinical situations in which the patient care services
are rendered, the funds are expended for such purposes in funding
residents and interns in the physician training programs that the
colleges have established with the approved hospitals and clinical
situations which programs are designed to provide primary health care
services to the rural and medically underserved parts of the state;
12. To conduct and to administer a program of physician and
health manpower placement services throughout the State of Oklahoma.
Placement services shall be made available to communities, hospitals,
health care facilities, physician and health professional training
institutions, health professional associations and organizations,
individual physicians, health professionals, students in physician
and health professional training institutions and schools, and other
interested parties in such a way so as to further the purposes of
improving the distribution of physicians and health professionals
practicing or available for practice in the state and improving in
the availability of health care services to the people of the state.
Said placement service shall include but not be limited to assisting
communities in matching with, contacting and recruiting physicians
and health professionals to practice in communities in the state.
The Commission shall develop criteria and procedures for the conduct
and performance of placement services and employ any staff, contract
for services with any private agency, nonprofit corporation or
institution to facilitate the performance of placement services.
Laws 1975, c. 271, § 5, emerg. eff. June 5, 1975; Laws 1976, c. 212,
§ 11, emerg. eff. June 7, 1976.
§70-697.6. Allocation of funds.
Funds appropriated to carry out the provisions of this act shall
be allocated so that no less than forty percent (40%) of all
participating residents and interns in each school year must
participate in a rural program outside the Oklahoma City and Tulsa
metropolitan areas. The Physician Manpower Training Commission, in
accordance with primary care specialty accreditation standards, shall
promulgate and adopt rules designating the time allocation spent by
the residents and interns participating in this program outside the
Oklahoma City and Tulsa metropolitan areas.
Laws 1975, c. 271, § 6, emerg. eff. June 5, 1975; Laws 1977, c. 220,
§ 6, emerg. eff. June 14, 1977; Laws 1979, c. 250, § 2; Laws 1982, c.
330, § 2, emerg. eff. June 1, 1982; Laws 1994, c. 36, § 1, eff. July
1, 1994.
§70-697.7. Contractual arrangement with medical programs - Residency
Revolving Fund.
*+,-11'121#+,, .;
The Physician Manpower Training Commission is hereby authorized
to enter into contractual arrangements with residency training
programs at the University of Oklahoma College of Medicine,
University of Oklahoma-Tulsa Medical College, or the Oklahoma College
of Osteopathic Medicine and Surgery, in order to enhance available
funding for the training of primary care residents and to pay the
cost of the salary stipend and expenses of the resident physician for
the period of time spent in the residency programs. Monies received
by the Commission from the participating residency training program
under the provisions of this section shall be deposited to, and
disbursed from, the "Residency Revolving Fund" hereby created in the
State Treasury. The fund shall be a continuing fund not subject to
legislative appropriation or fiscal year limitations. Expenditures
from the fund shall be made on warrants issued by the State Treasurer
against claims filed by the Commission with the Director of the
Office of Management and Enterprise Services for approval and
payment.
Added by Laws 1975, c. 271, § 7, emerg. eff. June 5, 1975. Amended
by Laws 1976, c. 212, § 12, emerg. eff. June 7, 1976; Laws 1979, c.
47, § 77, emerg. eff. April 9, 1979; Laws 2011, c. 310, § 1; Laws
2012, c. 304, § 615.
§70-697.8. Contracts with residents - Community Residency Revolving
Fund.
A community may enter into a contract with a resident physician
in training whereby the resident agrees to establish a practice in
the community upon the completion of his residency. The Physician
Manpower Training Commission shall have the authority to receive
funds direct from that community for the purpose of paying the
resident involved to the extent of the contractual arrangements.
Monies received by the Commission under the provisions of this
section shall be deposited to, and disbursed from, the "Community
Residency Revolving Fund" hereby created in the State Treasury. The
fund shall be a continuing fund not subject to legislative
appropriation or fiscal year limitations. Expenditures from said
fund shall be made on warrants issued by the State Treasurer against
claims filed by the Commission with the Director of the Office of
Management and Enterprise Services for approval and payment.
Added by Laws 1975, c. 271, § 8, emerg. eff. June 5, 1975. Amended
by Laws 1979, c. 47, § 78, emerg. eff. April 9, 1979; Laws 2012, c.
304, § 616.
§70-697.9. Community Preceptor Physician Training and Work
Experience Scholarship Fund
There is hereby created and established the Community Preceptor
Physician Training and Work Experience Scholarship Fund which fund
shall be administered by the Physician Manpower Training Commission
*+,-11'121#+,, .;$
for the purpose of providing state matching funds assistance and
encouraging the development of a program whereby the state in
conjunction with given communities, hospitals or clinical training
situations funds the stipends and living expenses for medical
students who agree to work in these given communities during the
vacation times during the course of their education in the University
of Oklahoma College of Medicine or the Oklahoma College of
Osteopathic Medicine and Surgery. The Commission shall develop
procedures for determining the matching funds participation of
communities and of the state for a given student and coordinate with
the physician training institutions in the state for the selection of
students to participate in the program and the selection of
physicians who will supervise students and hospitals and clinical
situations in which the training and experience occurs in the
delivery of primary health care to rural and medically underserved
areas with the purpose of providing medical and osteopathic students
an opportunity to develop relationships with communities and
encourage them to locate their practices in areas of medical need.
Laws 1976, c. 212, § 7, emerg. eff. June 7, 1976.
§70-697.10. Contracts - Intern or resident salary and insurance
liability costs - Intern and Residents Professional Liability
Insurance Fund.
A. The Physician Manpower Training Commission is authorized to
enter into contractual arrangements with individual hospitals and
clinical programs for the reimbursement of intern or resident salary
cost not to exceed the limits established by Section 697.2 of this
title. Provided, that residency and internship positions created
prior to the spring semester 1975 shall be eligible for participation
in the cost-sharing program for internship and residency training as
established by Sections 697.1 through 697.8 of this title, only if
partial funding of said positions will allow the creation of
additional positions in whole or in part at the participating
hospital or clinical situation. The participating hospital or
clinical situation shall document in a manner specified by the
Commission the extent to which funding of a previously created and
established position contributes directly to the creation of
additional positions at the participating hospital or clinical
situation.
B. The Commission is authorized, in cooperation with the
Oklahoma Health Care Authority, to enter into contractual
arrangements with the University of Oklahoma College of Medicine and
the Oklahoma State University College of Osteopathic Medicine for the
reimbursement of intern and resident professional liability insurance
cost which shall not be subject to the limits established in Section
697.2 of this title. Any and all intern and resident positions are
*+,-11'121#+,, .;$
eligible for reimbursement of intern and resident professional
liability insurance cost.
C. There is hereby created in the State Treasury a revolving
fund for the Physician Manpower Training Commission to be designated
the "Intern and Residents Professional Liability Insurance Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Physician Manpower Training Commission for reimbursement of intern
and residency professional liability insurance costs. All monies
accruing to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Physician Manpower Training Commission
for such costs. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 1976, c. 212, § 8, emerg. eff. June 7, 1976. Amended
by Laws 2005, c. 288, § 1, eff. July 1, 2005; Laws 2012, c. 304, §
617.
§70-697.11. Critical Need Internship and Residency Program –
Revolving fund.
A. In addition to internship and residency programs previously
established and funded, it is the intent of the Legislature that the
Physician Manpower Training Commission, in cooperation with the
Oklahoma Health Care Authority, establish a Critical Need Internship
and Residency Program. The purpose of the Program is to fund
internship and residency programs across the state in areas of
critical need. The determination of areas of critical need shall be
made through a cooperative effort between the University of Oklahoma
College of Medicineand theOklahoma State University College of
Osteopathic Medicine. The findings shall be reported to the
Commission by July 1, 2006, and every three (3) years thereafter.
B. The University of Oklahoma College of Medicine and the
Oklahoma State University College of Osteopathic Medicine shall
annually provide to the Commission a report outlining the areas of
physician shortages in each specialty area. The report shall be the
basis for the cooperative funding of critical need physician
specialties for the current fiscal year
C. There is hereby created in the State Treasury a revolving
fund for the Physician Manpower Training Commission to be designated
the "Critical Need Internship and Residency Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Physician Manpower Training
Commission for funding internship and residency programs in areas of
critical need. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Physician
Manpower Training Commission for such costs. Expenditures from the
*+,-11'121#+,, .;$$
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
Added by Laws 1976, c. 212, § 9, emerg. eff. June 7, 1976. Amended
by Laws 1978, c. 181, § 6, emerg. eff. April 11, 1978; Laws 1982, c.
330, § 3, emerg. eff. June 1, 1982; Laws 2005, c. 288, § 2, eff. July
1, 2005; Laws 2012, c. 304, § 618.
§70-697.12. Cost-sharing scholarship program for physician services
at correctional facilities.
The Physician Manpower Training Commission shall establish and
administer a cost-sharing scholarship program for the provision of
physician services at the various correctional facilities under the
Department of Corrections and the surrounding or nearby communities.
Except as otherwise specified herein, the scholarship program shall
be administered pursuant to the requirements prescribed by law for
and as part of the Oklahoma Community Education Scholarship Program.
Each scholarship available hereunder shall be funded on a percentage
cost-sharing basis as follows: One-half (1/2) of the costs to be
provided by the Commission, one-fourth (1/4) of the costs to be
provided by the Department of Corrections and one-fourth (1/4) of the
costs to be provided by a community. Each physician, who has
participated in the scholarship program hereunder, shall devote one-
half (1/2) of his or her professional time to medical care and
treatment of inmates at a state correctional facility and one-half
(1/2) of his or her professional time to medical services in the
community which shared the cost of a scholarship hereunder, for the
period of time as required under the Oklahoma Community Education
Scholarship Program.
Laws 1979, c. 250, § 3.
§70-697.13. Residency of students.
This act shall pertain to students who are residents of the State
of Oklahoma.
Laws 1979, c. 250, § 4.
§70-697.14. Failure to comply with provision of contract.
If the recipient of these funds does not fully comply with all
provisions of contract, that person shall refund all monies plus
interest at the rate of twelve percent (12%) from date of
dispersement.
Laws 1979, c. 250, § 5.
§70-697.15. Eligibility to receive funds - Conditions.
In order for any hospital or clinic to be eligible to receive
funds through the Physician Manpower Training Commission for
*+,-11'121#+,, .;$(
residency or internship positions, such hospital or clinic shall
affirm that students receiving their medical education in Oklahoma
will be given special consideration for all residency and internship
positions.
Laws 1981, c. 212, § 10, emerg. eff. June 1, 1981.
§70-697.16. Certain employees to become subject to Merit System -
Exemptions - Examinations.
Effective July 1, 1982, all positions of the Physician Manpower
Training Commission except the Executive Director who shall remain in
the unclassified service, shall become subject to the Merit System of
Personnel Administration. All incumbent employees shall be
classified without the need to pass examinations and shall be
allocated in accordance with the recommended classifications as
proposed by the Merit System.
Added by Laws 1982, c. 308, § 11, emerg. eff. May 28, 1982.
§70-697.17. Nursing Student Assistance Program.
A. There is hereby established the Nursing Student Assistance
Program which shall be administered by the Physician Manpower
Training Commission. The purpose of the program shall be to
encourage persons to enter nursing education programs and to practice
in areas of this state in which there is an urgent need for nursing
services or in institutions or agencies of this state which provide
funds on a matching basis with the Physician Manpower Training
Commission for the support of nursing students. The Nursing Student
Assistance Program shall be administered by rules adopted by the
Physician Manpower Training Commission.
B. Only students who are residents of this state shall be
eligible to participate in the Nursing Student Assistance Program.
C. If a person receiving Nursing Student Assistance Program
funds fails to fully comply with the provisions of the contract for
the funds, the person shall refund to the Physician Manpower Training
Commission all monies received by the person pursuant to the
provisions of the contract plus a one-time liquidated damages
assessment of five percent (5%) of the total amount dispersed to the
person in lieu of interest. The Commission shall prorate the amount
to be repaid in the event the obligation was partially fulfilled.
D. There is hereby created in the State Treasury a revolving
fund for the Physician Manpower Training Commission to be designated
the "Nursing Student Assistance Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all nonappropriated monies, including community match
money of appropriated funds, grants, gifts, and repayment of
scholarships received by the Physician Manpower Training Commission.
All monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Physician Manpower Training
*+,-11'121#+,, .;$
Commission for such scholarships as may be provided for pursuant to
the Nursing Student Assistance Program. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
Added by Laws 1984, c. 260, § 13, operative July 1, 1984. Amended by
Laws 2012, c. 304, § 619; Laws 2018, c. 286, § 7, eff. Nov. 1, 2018.
§70-697.18. Contracts between communities and nonresident physicians
- Community Match Revolving Fund.
A community may enter into a contract with a physician who is a
graduate from an accredited medical school whereby such physician
agrees to establish a practice in that community. The Physician
Manpower Training Commission shall have the authority to receive
funds direct from that community for the purpose of paying the
physician involved to the extent of the contractual arrangement.
Monies received by the Commission under the provisions of this
section shall be deposited to and disbursed from, the "Community
Match Revolving Fund" hereby created in the State Treasury. The fund
shall be a continuing fund not subject to legislative appropriation
of fiscal year limitations. Expenditures from said fund shall be
made on warrants issued by the State Treasurer against claims filed
by the Commission with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 1989, c. 36, § 5, operative July 1, 1989. Amended by
Laws 1990, c. 263, § 124, operative July 1, 1990; Laws 2012, c. 304,
§ 620.
§70-697.19. Omnibus Budget Reconciliation Act Program.
A. There is hereby established the Omnibus Budget Reconciliation
Act Program (OBRA) which shall be administered by the Physician
Manpower Training Commission. The purpose of the program shall be to
encourage persons to enter nursing education programs and to practice
in nursing homes of this state in which there is an urgent need for
nursing services which provide funds on a matching basis with the
Physician Manpower Training Commission for the support of nursing
students. The OBRA Program shall be administered by rules under the
Oklahoma Nursing Student Assistance Program adopted by the Physician
Manpower Training Commission.
B. Only students who are residents of this state shall be
eligible to participate in the OBRA Program.
C. If a person receiving OBRA Program funds fails to fully
comply with the provisions of the contract for said funds, the person
shall refund to the Physician Manpower Training Commission all monies
received by the person pursuant to the provisions of the contract
plus interest at the rate of twelve percent (12%) from the date of
*+,-11'121#+,, .;$)
disbursement of said funds and shall be liable for any other
liquidated damages as specified in the contract.
D. There is hereby created in the State Treasury a revolving
fund for the Physician Manpower Training Commission to be designated
the "OBRA Fund". The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all nonappropriated
monies, including local nursing home association match money of
appropriated funds, grants, gifts, and repayment of scholarships
received by the Physician Manpower Training Commission. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Physician Manpower Training
Commission for such scholarships as may be provided for pursuant to
the OBRA Program. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 1989, c. 369, § 22, operative July 1, 1989. Amended by
Laws 2012, c. 304, § 621.
§70-697.20. Osteopathic Internship and Residency Program.
A. There is hereby created the "Osteopathic Internship and
Residency Program" which shall be conducted and administered by the
Physician Manpower Training Commission. The purpose of this program
is to provide for the fair and necessary distribution of funds
allocated to it by the Legislature to provide monies to the following
programs under the Physician Manpower Training Program:
1. The Doctor of Osteopathy Residency Program (OSU/COM);
2. The Osteopathic General Practice Residency Program (OSU/COM);
and
3. The Osteopathic Internship Program (OSU/COM).
B. The Physician Manpower Training Commission is hereby
authorized to distribute such monies to the funds specified in
Sections 697.2 and 697.6 of this title necessary to fund the programs
specified in this section.
Added by Laws 1992, c. 324, § 21, eff. July 1, 1992.
§70-697.21. Physician Assistant Scholarship Program – Revolving
fund.
A. There is hereby established the Physician Assistant
Scholarship Program. The purpose of the program is to encourage
persons to enter physician assistant education programs and to
practice in rural and medically underserved areas of this state. The
Physician Assistant Scholarship Program shall be administered by the
Physician Manpower Training Commission pursuant to rules promulgated
by the Commission and shall be funded based on an annual estimate of
need as determined by the Commission. Awards made pursuant to this
Program shall be subject to the availability of funds. The number of
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and amount of each award shall be determined by the Commission based
on the availability of funds.
B. Only students who have been admitted as a student in an
accredited physician assistant program shall be eligible to
participate in the Physician Assistant Scholarship Program.
C. If a person receiving Physician Assistant Scholarship Program
monies fails to fully comply with the provisions of the contract for
the monies, the person shall refund to the Physician Manpower
Training Commission all monies received by the person pursuant to the
provisions of the contract plus interest at a rate that equals the
prime interest rate plus one percent (1%) from the date of
disbursement of the funds and shall be liable for any other
liquidated damages as specified in the contract.
D. There is hereby created in the State Treasury a revolving
fund for the Physician Manpower Training Commission to be designated
the "Physician Assistant Scholarship Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Physician Manpower Training
Commission for implementation of the Physician Assistant Scholarship
Program. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Physician
Manpower Training Commission for such scholarships as may be provided
for pursuant to the Physician Assistant Scholarship Program.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 2005, c. 288, § 3, eff. July 1, 2005. Amended by Laws
2012, c. 304, § 622; Laws 2018, c. 286, § 8, eff. Nov. 1, 2018.
§70-697.21a. Promulgation of rules.
The Physician Manpower Training Commission shall promulgate rules
to enforce the provisions of this act.
Added by Laws 2018, c. 286, § 9, eff. Nov. 1, 2018.
§70-697.22. Short title.
This act shall be known and may be cited as the "Oklahoma
Hospital Residency Training Program Act".
Added by Laws 2012, c. 348, § 1, eff. July 1, 2012.
§70-697.23. Definitions.
As used in the Oklahoma Hospital Residency Training Program Act:
1. "Eligible hospital" means a hospital which qualifies for new
residency training programs under the rules established by the
Centers for Medicare and Medicaid Services or other federal entities
authorized to establish residency training programs;
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2. "Residency training program" means post-medical-school
graduate training programs approved by the Centers for Medicare and
Medicaid Services and accredited by the appropriate governing bodies
of either the osteopathic or allopathic professions in the training
disciplines of family medicine, general internal medicine, general
pediatrics, and obstetrics/gynecology and emergency medicine; and
3. “Medically underserved areas” means areas having too few
primary care providers, high infant mortality, high poverty, a high
elderly population, and/or a population census of at least fifty
percent (50%) Medicare, Medicaid and uninsured mix.
Added by Laws 2012, c. 348, § 2, eff. July 1, 2012.
§70-697.24. Purpose.
A. There is hereby created the Oklahoma Hospital Residency
Training Program to be administered by the Oklahoma Health Care
Authority.
B. The purpose of the Oklahoma Hospital Residency Training
Program shall be to establish new residency training programs
affiliated with the Oklahoma State University College of Osteopathic
Medicine and the University of Oklahoma College of Medicine in
eligible hospitals, focused on meeting the healthcare needs of
medically underserved areas, subject to the availability of funding.
Added by Laws 2012, c. 348, § 3, eff. July 1, 2012.
§70-697.25. Powers and duties.
A. The Oklahoma Health Care Authority shall, in consultation
with the Oklahoma State University College of Osteopathic Medicine
and the University of Oklahoma College of Medicine, designate
eligible hospitals for the creation of new residency training
programs to serve medically underserved areas.
B. The Oklahoma Health Care Authority is authorized to contract
with the Oklahoma State University of Osteopathic Medicine and the
University of Oklahoma College of Medicine to provide funding for the
establishment of new residency training programs created under the
Oklahoma Hospital Residency Training Program Act.
C. The Oklahoma Health Care Authority shall, with the assistance
of the Oklahoma State University College of Osteopathic Medicine and
the University of Oklahoma College of Medicine, provide technical
assistance and funding for the colleges' costs incurred in supporting
the programs to ensure that residency training programs established
pursuant to the Oklahoma Hospital Residency Training Program Act
become funded by the Centers for Medicaid and Medicare Services. Any
student who is a resident of this state or who is in good academic
standing with an accredited medical college in this state shall
receive priority consideration in the process of assigning clinical
rotations at a health care facility that accepts state funding. For
*+,-11'121#+,, .;$"
purposes of this section, "resident" means an individual who resided
in this state at the time of graduation from an Oklahoma high school.
D. The Oklahoma Health Care Authority shall establish reporting
mechanisms for eligible hospitals for the monitoring of progress of
the new residency training programs.
E. The Oklahoma Health Care Authority shall present a report on
the operation of the Oklahoma Hospital Residency Training Program to
the Governor, the President Pro Tempore of the Senate, and the
Speaker of the House of Representatives within one (1) month of the
beginning of each regular session of the Legislature which shall
include, but shall not be limited to, information on the progress
made in implementing the Oklahoma Hospital Residency Training Program
Act.
Added by Laws 2012, c. 348, § 4, eff. July 1, 2012. Amended by Laws
2017, c. 304, § 1, eff. Nov. 1, 2017.
§70-697.26. Oklahoma Hospital Residency Training Program Revolving
Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Health Care Authority to be designated the "Oklahoma
Hospital Residency Training Program Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Oklahoma Health Care
Authority from state funds, federal funds, grants, contracts, and
private gifts or bequests dedicated to or for the Oklahoma Hospital
Residency Training Program. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Oklahoma Health Care Authority for the purpose of administering the
Oklahoma Hospital Residency Training Program. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of State Finance for approval and payment.
Added by Laws 2012, c. 348, § 5, eff. July 1, 2012.
§70-698. Professional training institutes.
A. The Oklahoma State Regents for Higher Education are
authorized to develop professional training institutes for the
purpose of increasing the available pool of qualified teachers in
subject areas that are in critically short supply in the elementary
and secondary public schools of this state. Said program shall be in
conjunction with Title II of Public Law 98-377, "The U.S. Education
for Economic Security Act of 1984", as amended. The professional
training institutes shall be located at and utilize the existing
facilities of one or more of the Oklahoma public or private higher
education institutions which provide programs of teacher education.
The professional training institutes shall provide instruction for:
*+,-11'121#+,, .;$
1. Graduates of accredited colleges who hold degrees with majors
in and who wish to become certified in subject areas which are
experiencing a shortage of qualified teachers; and
2. Teachers currently certified in subject areas which are
experiencing an oversupply of qualified teachers and who hold degrees
with majors in and who wish to be certified in subject areas which
are experiencing a shortage of qualified teachers.
Initially, the professional training institutes shall provide
instruction in the subject areas of mathematics, science, computer
learning, and foreign languages and in teacher education in those
subject areas. After three (3) years of operation, the Oklahoma State
Regents for Higher Education shall have authority to redesignate,
based on data supplied by the State Department of Education, the
subject areas which are experiencing a shortage of qualified teachers
and to change the institutes accordingly.
B. Each professional training institute shall offer an intensive
academic credit program in a designated subject area of need or in
teacher education.
C. Upon successful completion of a professional training
institute, a participant shall be eligible to teach full-time in the
subject area of need for one (1) year in the public schools of this
state during the school year following completion of the institute.
D. To the extent that funding permits, it is the intent of the
Oklahoma Legislature that participants not be required to pay for
general enrollment fees, tuition, books, or special fees associated
with a professional training institute. The Legislature further
intends that participants be allowed to utilize campus housing and
food services at the lowest available rate.
Added by Laws 1985, c. 354, § 2, emerg. eff. July 30, 1985.
§70-698.1. Incentive scholarship program.
A. The Oklahoma State Regents for Higher Education are
authorized to establish and maintain an incentive scholarship program
to encourage the preparation of teachers, including minority
teachers, in critical shortage areas for the public schools at one or
more of the Oklahoma public or private higher education institutions.
Prospective teachers, whether planning to pursue an undergraduate
teacher education program or to become qualified to teach after
earning a bachelor's degree in a critical shortage area, shall be
considered if they have graduated from high school with a grade point
average ranking them in the top fifteen percent (15%) of their
graduating class. To the extent that funds are available,
scholarships of One Thousand Five Hundred Dollars ($1,500.00) per
year, renewable for up to three (3) additional years, shall be
awarded to cover costs of general enrollment fees, other fees, books,
materials, and services provided by the institution, including room
and board.
*+,-11'121#+,, .;(
B. It is the intent of the Oklahoma Legislature that the
Oklahoma State Regents for Higher Education create a committee
composed of educators, teacher educators from the participating
institutions, other professionals from the shortage area fields, and
representatives of the public schools and the State Department of
Education to recommend to the State Regents the following:
1. Further criteria for the selection of participants;
2. Procedures for admission;
3. Procedures and instruments for assessing the effectiveness of
the program; and
4. Any other criteria or procedures deemed necessary by the
State Regents.
The Committee shall prepare and deliver a report on the program
to the Legislature on or before July 1 of each year.
C. Each participant, prior to entry into the program, shall have
agreed to teach in the shortage areas in the public schools of this
state for a minimum of three (3) consecutive years upon graduation
and licensure as a teacher. Any participant failing to maintain a
2.5 grade point average, changing to an inappropriate area of study,
withdrawing or otherwise leaving school, or failing to meet
requirements for licensure and certification to teach as established
by law shall be subject to disqualification from the program.
Added by Laws 1985, c. 354, § 3, emerg. eff. July 30, 1985. Amended
by Laws 1990, c. 106, § 2, operative July 1, 1990.
§70-698.2. Repealed by Laws 2001, c. 201, § 12.
§70-698.3. Mathematics or science teacher shortage employment
incentive program.
A. It is the intent of the Oklahoma Legislature that, beginning
with the 2001-2002 school year, the Oklahoma State Regents for Higher
Education establish a teacher shortage employment incentive program
for students enrolled in a major course of study in mathematics or
science at the undergraduate level or graduate level who declare an
intention to serve and who subsequently serve this state by teaching
in a secondary level public school of this state for a minimum of
five (5) years in the subject areas of mathematics or science.
Students meeting the criteria provided in this section shall be given
the opportunity to enter into participation in the program.
B. The Oklahoma State Regents for Higher Education are
authorized to make employment incentive payments pursuant to the
provisions of this section to persons who actually render a minimum
of five (5) years of service as teachers in the public schools of
this state if not less than seventy-five percent (75%) of the
teaching assignment meets the criteria specified in subsection A of
this section. The total amount of the employment incentive payments
for any qualified person shall not exceed an amount equal to three
*+,-11'121#+,, .;(
times the average annual cost of undergraduate resident tuition and
fees for full-time enrollment at institutions which offer teacher
education programs within The Oklahoma State System of Higher
Education, as defined by the State Regents. Any amount not necessary
to repay the balance of a student's loan(s) shall be paid directly to
any person otherwise eligible for employment incentive payments
pursuant to this section.
C. The Oklahoma State Regents for Higher Education shall require
the execution of appropriate contracts with eligible persons.
Persons failing to comply with the requirements of this section shall
not be eligible for the employment incentive payments provided for in
this section. The Chancellor of the Oklahoma State Regents for
Higher Education, with approval of the State Regents, may contract
with any other appropriate organization or unit of government for the
administration of the provisions of this section.
D. If insufficient funds are available for employment incentive
payments to qualified persons during any fiscal year, the Chancellor
may make reductions in the payments made to those qualifying.
Added by Laws 2000, c. 242, § 1, eff. July 1, 2000. Amended by Laws
2001, c. 201, § 5.
§70-699. Financial assistance applicant to prove compliance with
Military Selective Service Act.
Any student who applies for any type of state-provided financial
assistance, including, but not limited to, grants, loans,
scholarships or other types of aid provided pursuant to the Student
Educational Assistance Fund established pursuant to Section 622 of
this title, the Oklahoma Rural Medical Education Loan and Scholarship
Fund, established pursuant to Section 625.1 of this title, the
Oklahoma Higher Education Tuition Aid Program, established pursuant
to the Oklahoma Higher Education Tuition Aid Act, the Osteopathy
Education Assistance Fund established pursuant to Section 627.1 of
this title, or the Oklahoma Student Loan program established pursuant
to the Oklahoma Student Loan Act, before receiving such aid, shall
prove to the satisfaction of the issuing agency that such student is
in compliance with the provisions of the Military Selective Service
Act, 50 U.S.C.A. App. Sections 451 through 471a.
Added by Laws 1987, c. 81, § 10, operative July 1, 1987.
§70-701. Repealed by Laws 1941, p. 416, § 8.
§70-702. Repealed by Laws 1941, p. 416, § 8.
§70-703. Repealed by Laws 1941, p. 416, § 8.
§70-704. Repealed by Laws 1941, p. 416, § 8.
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§70-705. Repealed by Laws 1941, p. 416, § 8.
§70-711. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-712. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-713. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-714. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-715. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-716. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-717. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-718. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-719. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-720. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-741. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-742. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-743. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-744. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-745. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-746. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-747. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-748. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-749. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-750. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-761. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-762. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-763. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-764. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-765. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-766. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-771. Repealed by Laws 1941, p. 407, § 4 and Laws 1941, p. 464, §
7.
§70-771a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-771b. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-772. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-773. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-774. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-775. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-776. Repealed by Laws 1941, p. 462, § 1.
§70-777. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-778. Repealed by Laws 1941, p. 462, § 1.
§70-779. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-780. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-781. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-782. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-791. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-792. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-801. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-802. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-803. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-804. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-805. Repealed by Laws 1941, p. 464, § 6.
§70-811. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-812. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-813. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-814. Repealed by Laws 1941, p. 464, § 4.
§70-815. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-816. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-817. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-821.1. Application of law.
The provisions of this act are applicable to all independent
school districts in which is included a city having a population of
not less than one hundred forty thousand (140,000) according to the
last Federal Census.
Laws 1947, p. 513, § 1.
§70-821.2. Grant of powers - Public right and public benefit.
Any such independent school district is hereby authorized to
acquire or construct within its corporate boundaries, one or more
stadia, sport arenas or other recreational facilities or to build
additions thereto or additions to existing stadia, sport arenas or
other recreational facilities, including land and equipment therefor,
and to own, maintain and operate, or to own and (in addition to any
and all other uses to which this property may be placed and
disposition which can be made of it) lease to, or cause to be
maintained and operated by, a financially responsible operating
company, corporation, or individual, experienced in similar types of
business, or to own and lease to a responsible person, firm or
corporation who shall construct, finance and operate one or more
stadia, sport arenas or other recreational facilities, and when
operated by the independent school district to charge fees, rent and
tolls for the use of such facilities. Such independent school
district is authorized to prescribe and enforce the fees, rent and
tolls which are to be charged for such facilities by any lessee or
operator thereof, as more fully provided in Section 6, and in
addition to any and all other means to assure prompt payment of
rentals by such lessee or operator, the independent school district
may in the lease or operating contract reserve a lien on the money
collected by the lessee or operator from such fees, tolls and other
*+,-11'121#+,, .;()
charges and revenue until the rental consideration for such current
term of the lease or operating contract shall have been paid to the
independent school district or its nominee. The right of the
independent school district to own, maintain, operate and cause to be
operated such facilities and to fix and collect fees, rent, tolls and
other revenue for the use of such facilities is hereby declared to be
a public right and use and such right and facilities to constitute a
public benefit.
Laws 1947, p. 513, § 2.
§70-821.3. Revenue bonds - Powers of districts - Provisions - Lien
and charge on income - Restrictions on additional bonds - Approval.
(a) To provide for the acquisition or construction of such
stadia, sport arenas or other recreational facilities thereto and/or
additions to existing stadia, sport arenas or other recreational
facilities, including land and equipment therefor, the governing body
of any such independent school district is authorized to issue
negotiable revenue bonds of the independent school district secured
by a pledge of, and payable from, the net revenues of any one or more
of such stadia, sport arenas or other recreational facilities,
together with all future extensions or additions therefor or
replacements thereof. If bonds are issued solely for acquirement or
construction of additions to existing stadia, sport arenas or other
recreational facilities, then such bonds may be payable from the net
revenue of the entire project, including the original existing
stadia, sport arenas or other existing recreational facilities, and
additions thereto, together with all future extensions and additions
thereto or replacements thereof. Within the discretion of the
governing body of any such independent school district such bonds may
be secured further by a trust indenture on such stadia, sport arenas
or other recreational facilities. Whenever such governing body shall
execute any character of trust agreement imposing duties on a
corporate trustee in reference to the payment of the bonds or
enforcement of any rights under the bonds, for convenience such
instrument may be and in this act is sometimes referred to as the
"Indenture". Any such independent school district is authorized to
issue a separate and independent series of revenue bonds to provide
for the acquirement or construction of each stadium, sport arena or
other recreational facility or additions thereto, or additions to
existing stadia, sport arenas or recreational facilities, including
land and equipment therefor, or in the discretion of the governing
body of the independent school district a single series of bonds may
be issued to provide for the acquirement or construction of two or
more stadia, sport arenas or other recreational facilities and/or
additions referred to, including land and equipment therefor. No
election shall be required for the issuance of said bonds.
*+,-11'121#+,, .;(!
Negotiable revenue bonds may also be issued by the governing body
of any such independent school district for the purpose of refunding
bonds issued under this section, which may be secured in the manner
herein provided for original bonds. No election shall be had for the
issuance of such refunding bonds.
(b). The revenue bonds hereby authorized shall contain
substantially the following provisions:
"The holder hereof shall never have the right to demand payment
of this obligation out of any funds raised or to be raised by
taxation." No such bonds shall ever be a liability or debt of such
independent school district but solely a charge upon the pledged
revenues.
(c). The expense of operation and maintenance of any such
stadium, sport arena or other recreational facility shall always be a
first lien and charge against the income thereof. So long as any of
said bonds or any interest thereon remain outstanding, the
independent school district shall charge or require the payment of
fees, rent, tolls, and other revenue for the use of the facilities of
any such stadium, sport arena or other recreational facility which
shall be equal and uniform within classes defined by the governing
body of such independent school district and which shall be at least
sufficient to pay expenses of operation and maintenance and to pay
the principal of and interest on the outstanding bonds as such
principal matures and as such interest accrues, and to establish and
maintain such reserve or reserves, if any, as may be prescribed in
the resolution authorizing the bonds or in the Indenture.
(d). So long as any such revenue bonds are outstanding, no
additional bonds of equal dignity shall be issued against the pledged
revenues or the pledged revenues and properties, except to the extent
and in the manner expressly permitted in the resolution which
authorized such outstanding revenue bonds, or the Indenture.
(e). Such bonds, and proceedings incident to their issuance
shall be submitted to and approved by the Attorney General of
Oklahoma, in the manner and with the effect provided in Title 62,
Oklahoma Statutes 1951, Sections 11, 13 and 14.
Laws 1947, p. 514, § 3.
§70-821.4. Fees and charges - Maturity and interest - Redemption -
Negotiability - Registration - Proceeds - Recitals - Exemption from
taxation - Corporate trustee - Rights of bondholders - Depository.
The provisions set forth in this section shall be applicable to
all bonds issued under authority of this act.
(a). It shall be the mandatory duty of the governing body of any
independent school district to fix such fees, tolls, rent and other
charges for use of the facilities of any such stadium, sport arena or
other recreational facility and for additions thereto and for
additions to existing stadium, sport arena or other recreational
*+,-11'121#+,, .;(
facility, in this act sometimes referred to as the "Project," as will
yield revenues fully sufficient to operate and maintain such Project,
pay the principal of and interest on the bonds when due, and to
establish and maintain such reserve as may be prescribed in the
resolution authorizing the bonds or in the Indenture securing them.
(b). The bonds shall mature serially or otherwise at such time
or times, and shall bear interest at such rate or rates, as shall be
prescribed in the resolution authorizing the bonds or in the
Indenture securing them; provided that the sale of the bonds shall be
for cash at not less than par and accrued interest and shall be sold
after competitive bidding to produce the maximum sale price at the
lowest possible interest rate. The interest cost shall not exceed
four percent (4%) per annum, computed on average maturities according
to Standard Tables of Bond Values.
(c). The resolution authorizing, or the Indenture securing the
bonds, shall prescribe the rights, if any, which the independent
school district may have to redeem all or any part of said bonds
prior to maturity, and the conditions under which and the prices not
in excess of par and accrued interest at which they may be redeemable
and the rights of the independent school district to redeem the bonds
prior to scheduled maturity dates shall be limited to such
provisions.
(d). All bonds issued hereunder shall have and are hereby
declared to have all of the qualifications and incidents of
negotiable instruments.
(e). The resolution authorizing, or the Indenture accruing any
such bonds, may contain provisions that the bonds shall be
registerable as to principal or as to both principal and interest.
(f). The proceeds of the bonds shall be used solely to pay the
cost of the Project. There may be included in the cost of the
Project for which bonds are to be issued reasonable allowance for
legal and engineering services, interest during construction and for
six (6) months after estimated date of completion of construction.
Such proceeds shall be disbursed under such restrictions as may be
provided in the bond resolution or Indenture, and there shall be and
there is hereby created and granted a lien upon such monies, until so
applied, in favor of the holders of the bonds or of any trustee
provided for in respect to such bonds. If so provided in such
resolution or Indenture in the event that proceeds of the bonds prove
insufficient to pay the cost of the project additional bonds may be
issued to the amount of the deficit and shall be deemed to be of the
same issue and entitled to payment from the same fund without
preference or priority of the bonds first issued. Any surplus
remaining from bond proceeds after the cost of the project has been
paid in full shall be used in retiring bonds.
*+,-11'121#+,, .;("
(g). The resolution authorizing the bonds may provide that such
bonds shall contain a recital that they are issued pursuant to this
act.
(h). Any bond issued pursuant to the provisions of this act
shall be exempt from taxation by the State of Oklahoma or by any
county or municipal corporation, or other political subdivision
therein.
(i). If so provided in the resolution authorizing the bonds the
Indenture may be executed by and between such independent school
district and a corporate trustee, which may be any trust company or
bank within or outside of the State of Oklahoma, having powers of a
trust company.
(j). Either the resolution providing for the issuance of the
bonds or such Indenture may contain such provisions for protecting or
enforcing the rights of remedies of the bondholders as may be
reasonable or proper and not in violation of law, including covenants
setting forth the duties of the independent school district in
relationship to the acquisition of properties and the construction,
maintenance, operation or repair and insurance of the project and the
custody, safeguarding and application of all monies received from the
sale of the bonds and from the operation of the Projects.
(k). It shall be lawful for any bank or trust company in this
state to act as depository for the proceeds of bonds or revenues
derived from the operation of the Project and to furnish such
indemnity bonds or to pledge such securities as may be required by
the independent school district. Such Indenture or resolution may
set forth the rights and remedies of the bondholders and of the
trustee and may restrict the individual rights of action of the
bondholders. In addition such bond resolution or Indenture may
contain such other provisions as the governing body of such
independent school district may deem reasonable and proper for the
security of the bondholders including, but without limitation,
covenants prescribing all happenings, or occurrences which constitute
events of default and the terms and conditions upon which all or any
of the bonds shall become or may be declared to be due before
maturity, and as to the rights, liabilities, powers and duties
arising from the breach by the independent school district of any of
its duties or obligations.
(l). That any holder or holders of bonds issued hereunder,
including a trustee or trustees for such holders, shall have the
right in addition to all other rights by mandamus or other
proceedings in any Court of competent jurisdiction to enforce his or
their rights against the independent school district and its
employees and against any Board of trustees which may be created to
operate the Project, the agents and employees thereof, or any lessee
of any such Project, including, but not limited to, the right to
require the independent school district and such board to impose and
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collect sufficient income, tolls, fees, rents, charges and other
revenues to carry out the agreements contained in the bond resolution
or Indenture and to perform all agreements and covenants therein
contained and duties arising therefrom, and in the event of default
as defined in the resolution authorizing the bonds or in the
Indenture, to apply for and obtain the appointment of a receiver for
any properties involved. If such receiver be appointed, he may enter
and take possession of the project and until the independent school
district may no longer be in default or until relieved by the Court
retain possession of the properties involved, and collect and receive
all revenues and tolls arising therefrom in the same manner as the
independent school district itself might do and shall dispose of such
monies and apply same in accordance with the obligations of the
independent school district under the bond or resolution or Indenture
and as the court may direct. Nothing in this act shall authorize any
bondholder to require the independent school district to use any
funds in the payment of the principal of, or interest on, such bonds
except out of revenues pledged to their payment.
(m). The resolution authorizing, or the Indenture securing bonds
issued under this act may contain provisions to the effect that so
long as the revenues of the Project are pledged to the payment of
bonds no fee admission or use can be given.
(n). The provisions contained in the resolution authorizing the
bonds and in the Indenture and the applicable provisions of this act
shall constitute an irrepealable contract between such independent
school district and the holders of such bonds.
Laws 1947, p. 515, § 4.
§70-821.5. Board of Trustees.
During the time any such Project is encumbered by the pledge of
its revenues, the resolution authorizing the bonds or the Indenture
may vest its management and control in a Board of Trustees, to be
named in such resolution or Indenture, consisting of three members,
or maybe a corporation organized for such purpose. The compensation
of the members of such board of trustees shall be fixed by such
resolution or Indenture, but shall never exceed one percent (1%) of
the gross receipts of such Project in any one (1) year. The terms of
office of the members of such board of trustees, whether individuals,
or the corporation referred to their powers and duties, and manner of
exercising same the manner of the selection of their successors, and
all matters pertaining to their duties and the organization of such
board of trustees shall be specified in such resolution or Indenture.
Any such board of trustees may adopt bylaws regulating the procedure
of the board and fixing the duties of its officers, but the bylaws
shall not contain any provision in conflict with the covenants and
provisions contained in the resolution authorizing the bonds or the
Indenture. In all matters wherein the resolution or Indenture are
*+,-11'121#+,, .;
silent as to the powers, duties, obligations and procedure of the
board, the laws and rules governing the governing body of such
independent school district shall control the board of trustees in so
far as applicable. The board may be granted by the resolution or
Indenture, and in that event shall have, all or any of the powers and
authority, which could be exercised by the governing body of the
independent school district, insofar as the management and operation
of any such Project is concerned.
Laws 1947, p. 517, § 5.
§70-821.6. Operation of project by lessee or operator.
In the discretion of the governing body of such independent
school district (or within the discretion of the board of trustees,
if the Project is under control of a board of trustees) and for such
period of time as may be determined by such governing body or board
of trustees, such Project may be operated by, or leased for operation
to, a company, corporation, or individual, provided that the fees,
rent and tolls or rates charged for admission or use of the Project
shall be sufficient to yield in the aggregate money necessary to pay
the reasonable operation and maintenance expenses, the annual
consideration of rental, and a reasonable return to the lessee or
operator. The charges and tolls or rates to be charged by such
lessee or operator shall be under the control of the governing body
of the independent school district or such board of trustees as the
case may be. The annual consideration or lease rental to be charged
by the independent school district shall not be less than an amount
equal to the annual debt service requirements, plus an additional
amount to assure establishment and maintenance of the reserves
required in such resolution or Indenture. The operating or lease
contract may provide for payment of the annual consideration or
rental in monthly installments approximately equal, and that failure
to pay any required sum when due may be declared to be a breach of
contract entitling the independent school district (or board of
trustees), under regulations prescribed therein, to declare the lease
or operating contract forfeited and to take over the operation and
maintenance of such Project.
Laws 1947, p. 518, § 6.
§70-821.7. Acquisition of property - Eminent domain.
Any such independent school district or board of trustees is
hereby authorized to acquire property real or personal in any manner
in which property may be acquired by any person or corporation, and
in addition thereto any such independent school district acting for
itself or for such board of trustees, may acquire by eminent domain
the fee simple title to any property within the corporate limits of
such independent school district which is needed for such purposes in
the discretion of such governing body. The procedure prescribed for
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railroad companies in Title 66, Chapter 2, Oklahoma Statutes 1951,
shall be followed in acquiring property by eminent domain.
Laws 1947, p. 518, § 7.
§70-821.8. Judicial determination of validity of bonds.
That the governing body of such municipality is authorized in its
discretion to file an application with the Supreme Court of Oklahoma
for the approval of any series of bonds to be issued hereunder, and
exclusive original jurisdiction is hereby conferred upon the Supreme
Court to hear and determine each such application. It shall be the
duty of the Court to give such applications precedence over the other
business of the Court and to consider and pass upon the application
and any protest which may be filed thereto as speedily as possible.
Notice of the hearing on each application shall be given by a notice
published in a newspaper of general circulation in the independent
school district that on a day named the board will ask the Court to
hear its application and approve the bonds. Such notice shall inform
all persons interested that they may file protests against the
issuance of the bonds and be present at the hearing and contest the
legality thereof. Such notice shall be published one time not less
than ten (10) days prior to the date named for the hearing and the
hearing may be adjourned from time to time in the discretion of the
Court. If the Court shall be satisfied that the bonds have been
properly authorized in accordance with this act and that when issued
they will constitute valid obligations in accordance with their
terms, the Court shall render its written opinion approving the bonds
and shall fix the time within which a petition for rehearing may be
filed. The decision of the Court shall be a judicial determination
of the validity of the bonds, shall be conclusive as to the governing
body of said independent school district, its officers and agents,
and thereafter the bonds so approved and the revenues pledged to
their payment shall be incontestable in any court in the State of
Oklahoma.
Laws 1947, p. 519, § 8.
§70-821.9. Partial invalidity.
In case any one or more of the sections or provisions of this act
or the application of such sections or provisions to any situation,
circumstance, or person shall for any reason be held to be
unconstitutional, such unconstitutionality shall not affect any other
sections or provisions of this act or the application of such
sections or provisions to any other situation, circumstance or
person, and it is intended that this law shall be construed and
applied as if such section or provision had not been included herein
for any unconstitutional application.
Laws 1947, p. 519, § 9.
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§70-821.51. Boxing in physical education or training program.
The governing board of each state educational institution and of
each school district in the State of Oklahoma is hereby authorized to
provide as part of any physical training or educational program the
art, technique and practice of boxing.
Added by Laws 1971, c. 206, § 1, emerg. eff. June 8, 1971.
§70-821.61. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.62. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.63. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.64. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.65. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.66. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.67. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.68. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.69. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.70. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.71. Repealed by Laws 2003, c. 375, § 20, eff. Jan. 1, 2004.
§70-821.81. Short title.
Sections 1 through 19 of this act shall be known and may be cited
as the “Uniform Athlete Agents Act”.
Added by Laws 2003, c. 375, § 1, eff. Jan. 1, 2004.
§70-821.82. Definitions.
As used in the Uniform Athlete Agents Act:
1. “Agency contract” means an agreement in which a student-
athlete authorizes a person to negotiate or solicit on behalf of the
student-athlete a professional-sports-services contract or an
endorsement contract, including an agreement for current or future
representation in which a student-athlete authorizes a person to
assess and plan the financial situation of the student-athlete
regarding his or her professional athletics career;
2. “Athlete agent” means an individual who enters into an
agency contract with a student-athlete or, directly or indirectly,
recruits or solicits a student-athlete to enter into an agency
*+,-11'121#+,, .;(
contract. The term includes, but is not limited to, an individual
who:
a. Contributes a causal nexus to a student-athlete
becoming the signator to an agency contract;
b. Represents to the public that the individual is an
athlete agent; or
c. Enters into an agreement for current or future
representation with a student-athlete regarding his or
her future athletics career or, directly or indirectly,
recruits or solicits a student-athlete to enter into
such an agreement.
The term does not include a spouse, parent, sibling, grandparent,
or guardian of the student-athlete or an individual acting solely on
behalf of a professional sports team or professional sports
organization, unless such individual acts on behalf of an athlete
agent in exchange for any compensation, gift or reward or promise of
compensation, gift or reward from, or on behalf of, an athlete agent;
3. “Athletic director” means an individual responsible for
administering the overall athletic program of an educational
institution or, if an educational institution has separately
administered athletic programs for male students and female students,
the athletic program for males or the athletic program for females,
as appropriate;
4. “Contact” means any type of communication, direct or
indirect, between an athlete agent and a student-athlete, to recruit
or solicit the student-athlete to enter into an agency contract;
5. “Endorsement contract” means an agreement under which a
student-athlete is employed or receives consideration to use on
behalf of the other party any value that the student-athlete may have
because of publicity, reputation, following, or fame obtained because
of athletic ability or performance;
6. “Intercollegiate sport” means a sport played at the
collegiate level for which eligibility requirements for participation
by a student-athlete are established by a national association for
the promotion or regulation of collegiate athletics;
7. “Person” means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, government, governmental subdivision, agency, or
instrumentality, public corporation, or any other legal or commercial
entity;
8. “Professional-sports-services contract” means an agreement
under which an individual is employed, or agrees to render services,
as a player on a professional sports team, with a professional sports
organization, or as a professional athlete;
9. “Record” means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form;
*+,-11'121#+,, .;
10. “Registration” means registration as an athlete agent
pursuant to the Uniform Athlete Agents Act;
11. “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States; and
12. “Student-athlete” means an individual who engages in, is
eligible to engage in, or may be eligible in the future to engage in,
any intercollegiate sport. If an individual is permanently
ineligible to participate in a particular intercollegiate sport, the
individual is not a student-athlete for purposes of that sport.
Added by Laws 2003, c. 375, § 2, eff. Jan. 1, 2004. Amended by Laws
2009, c. 222, § 1, eff. Nov. 1, 2009; Laws 2011, c. 211, § 1, eff.
Nov. 1, 2011.
§70-821.83. Service of process - Subpoenas.
A. By acting as an athlete agent in this state, a nonresident
individual appoints the Secretary of State as the individual’s agent
for service of process in any civil action in this state related to
the individual’s acting as an athlete agent in this state.
B. The Secretary of State or Attorney General may issue
subpoenas for any material that is relevant to the administration of
the Uniform Athlete Agents Act.
Added by Laws 2003, c. 375, § 3, eff. Jan. 1, 2004. Amended by Laws
2011, c. 211, § 2, eff. Nov. 1, 2011.
§70-821.84. Certificate of registration required - Exception.
A. Except as provided in subsection B of this section, an
individual shall not act as an athlete agent in this state without
holding a certificate of registration pursuant to Section 6 or 8 of
this act.
B. Before being issued a certificate of registration, an
individual may act as an athlete agent in this state for all purposes
except signing an agency contract, if:
1. A student-athlete or another person acting on behalf of the
student-athlete initiates communication with the individual; and
2. Within seven (7) days after an initial act as an athlete
agent, the individual submits an application for registration as an
athlete agent in this state.
C. An agency contract resulting from conduct in violation of
this section is void and the athlete agent shall return any
consideration received under the contract.
Added by Laws 2003, c. 375, § 4, eff. Jan. 1, 2004.
§70-821.85. Application for registration – Submission of out-of-
state application and registration.
*+,-11'121#+,, .;)
A. An applicant for registration shall submit an application for
registration to the Secretary of State in a form prescribed by the
Secretary of State. An application filed under this section is a
public record. The application shall be in the name of an individual
and, except as provided in subsection B of this section, signed or
otherwise authenticated by the applicant under penalty of perjury and
state or contain:
1. The name of the applicant and the address of the applicant’s
principal place of business;
2. The name of the applicant’s business or employer, if
applicable;
3. Any business or occupation engaged in by the applicant for
the five (5) years next preceding the date of submission of the
application;
4. A description of the applicant’s:
a. formal training as an athlete agent,
b. practical experience as an athlete agent, and
c. educational background relating to the applicant’s
activities as an athlete agent;
5. The names and addresses of three individuals not related to
or residing with the applicant who are willing to serve as
references;
6. The name, sport, and last-known team for each individual for
whom the applicant acted as an athlete agent during the five (5)
years next preceding the date of submission of the application;
7. The names and addresses of all persons who are:
a. with respect to the athlete agent’s business if it is
not a corporation, the partners, members, officers,
managers, associates, or profit-sharers of the
business, and
b. with respect to a corporation employing the athlete
agent, the officers, directors, and any shareholder of
the corporation having an interest of five percent (5%)
or greater;
8. Whether the applicant or any person named pursuant to
paragraph 7 of this subsection has been convicted of a crime that, if
committed in this state, would be a crime involving moral turpitude
or a felony, and identify the crime;
9. Whether there has been any administrative or judicial
determination that the applicant or any person named pursuant to
paragraph 7 of this subsection made a false, misleading, deceptive,
or fraudulent representation;
10. Any instance in which the conduct of the applicant or any
person named pursuant to paragraph 7 of this subsection resulted in
the imposition of a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic or intercollegiate
athletic event on a student-athlete or educational institution;
*+,-11'121#+,, .;!
11. Any sanction, suspension, or disciplinary action taken
against the applicant or any person named pursuant to paragraph 7 of
this subsection arising out of occupational or professional conduct;
and
12. Whether there has been any denial of an application for,
suspension or revocation of, or refusal to renew, the registration or
licensure of the applicant or any person named pursuant to paragraph
7 of this subsection as an athlete agent in any state.
B. An individual who has submitted an application for, and holds
a certificate of, registration or licensure as an athlete agent in
another state, may submit a copy of the application and certificate
in lieu of submitting an application in the form prescribed pursuant
to subsection A of this section. The Secretary of State shall accept
the application and the certificate from the other state as an
application for registration in this state if the application to the
other state:
1. Was submitted in the other state within six (6) months next
preceding the submission of the application in this state and the
applicant certifies that the information contained in the application
is current;
2. Contains information substantially similar to or more
comprehensive than that required in an application submitted in this
state; and
3. Was signed by the applicant under penalty of perjury.
C. Every applicant for registration shall also submit to the
Secretary of State a valid surety bond in the penal sum of Fifty
Thousand Dollars ($50,000.00) conditioned upon the athlete agent not
violating any provision of this act. Every athlete agent registered
under the provisions of this act shall thereafter maintain such a
surety bond in like amount as a condition of continued registration.
Added by Laws 2003, c. 375, § 5, eff. Jan. 1, 2004. Amended by Laws
2011, c. 211, § 3, eff. Nov. 1, 2011; Laws 2012, c. 173, § 1, eff.
Nov. 1, 2012.
§70-821.86. Issuance or refusal to issue certificate of registration
– Renewal – Submission of out-of-state application for renewal and
certificate of registration.
A. Except as provided in subsection B of this section, the
Secretary of State shall issue a certificate of registration to an
individual who complies with subsection A of Section 5 of this act or
whose application has been accepted under subsection B of Section 5
of this act.
B. The Secretary of State may refuse to issue a certificate of
registration if the Secretary of State determines that the applicant
has engaged in conduct that has a significant adverse effect on the
applicant’s fitness to act as an athlete agent. In making the
*+,-11'121#+,, .;
determination, the Secretary of State may consider whether the
applicant has:
1. Been convicted of a crime that, if committed in this state,
would be a crime involving moral turpitude or a felony;
2. Made a materially false, misleading, deceptive, or fraudulent
representation in the application or as an athlete agent;
3. Engaged in conduct that would disqualify the applicant from
serving in a fiduciary capacity;
4. Engaged in conduct prohibited by Section 14 of this act;
5. Had a registration or licensure as an athlete agent
suspended, revoked, or denied or been refused renewal of registration
or licensure as an athlete agent in any state;
6. Engaged in conduct the consequence of which was that a
sanction, suspension, or declaration of ineligibility to participate
in an interscholastic or intercollegiate athletic event was imposed
on a student-athlete or educational institution; or
7. Engaged in conduct that significantly adversely reflects on
the applicant’s credibility, honesty, or integrity.
C. In making a determination under subsection B of this section,
the Secretary of State shall consider:
1. How recently the conduct occurred;
2. The nature of the conduct and the context in which it
occurred; and
3. Any other relevant conduct of the applicant.
D. An athlete agent may apply to renew a registration by
submitting an application for renewal in a form prescribed by the
Secretary of State. An application filed under this section is a
public record. The application for renewal must be signed by the
applicant under penalty of perjury and must contain current
information on all matters required in an original registration.
E. An individual who has submitted an application for renewal of
registration or licensure in another state, in lieu of submitting an
application for renewal in the form prescribed pursuant to subsection
D of this section, may file a copy of the application for renewal and
a valid certificate of registration or licensure from the other
state. The Secretary of State shall accept the application for
renewal from the other state as an application for renewal in this
state if the application to the other state:
1. Was submitted in the other state within six (6) months next
preceding the filing in this state and the applicant certifies the
information contained in the application for renewal is current;
2. Contains information substantially similar to or more
comprehensive than that required in an application for renewal
submitted in this state; and
3. Was signed by the applicant under penalty of perjury.
F. A certificate of registration or a renewal of a registration
is valid for two (2) years.
*+,-11'121#+,, .;"
Added by Laws 2003, c. 375, § 6, eff. Jan. 1, 2004.
§70-821.87. Suspension, revocation or refusal to renew certificate
of registration.
A. The Secretary of State may suspend, revoke, or refuse to
renew a registration for conduct that would have justified denial of
registration under subsection B of Section 6 of this act.
B. The Secretary of State may deny, suspend, revoke, or refuse
to renew a certificate of registration or licensure only after proper
notice and an opportunity for a hearing. The Administrative
Procedures Act shall apply to the Uniform Athlete Agents Act.
Added by Laws 2003, c. 375, § 7, eff. Jan. 1, 2004.
§70-821.88. Temporary certificate of registration.
The Secretary of State may issue a temporary certificate of
registration while an application for registration or renewal of
registration is pending.
Added by Laws 2003, c. 375, § 8, eff. Jan. 1, 2004.
§70-821.89. Fees.
A. An application for registration or renewal of registration
must be accompanied by a fee in the following amount:
1. One Thousand Dollars ($1,000.00) for an initial application
for registration;
2. One Thousand Dollars ($1,000.00) for an application for
registration based upon a certificate of registration or licensure
issued by another state;
3. One Thousand Dollars ($1,000.00) for an application for
renewal of registration; or
4. One Thousand Dollars ($1,000.00) for an application for
renewal of registration based upon an application for renewal of
registration or licensure submitted in another state.
B. For the initial registration, the Secretary of State shall
credit against the fee required by subsection A of this section the
prorated value of any filing fee paid by an athlete agent for
registration as an athlete agent prior to January 1, 2004, for the
time from January 1, 2004, until the date the prior registration
would have expired.
C. The Secretary of State shall return any surety bond deposit
filed with the Secretary of State by an athlete agent prior to
January 1, 2004.
D. All registration fees collected pursuant to this section
shall be deposited in the Revolving Fund for the Office of the
Secretary of State.
Added by Laws 2003, c. 375, § 9, eff. Jan. 1, 2004.
§70-821.90. Required form of contract.
*+,-11'121#+,, .;
A. An agency contract shall be in a record, signed or otherwise
authenticated by the parties.
B. An agency contract shall state or contain:
1. The amount and method of calculating the consideration to be
paid by the student-athlete for services to be provided by the
athlete agent under the contract and any other consideration the
athlete agent has received or will receive from any other source for
entering into the contract or for providing the services;
2. The name of any person not listed in the application for
registration or renewal of registration who will be compensated
because the student-athlete signed the agency contract;
3. A description of any expenses that the student-athlete agrees
to reimburse;
4. A description of the services to be provided to the student-
athlete;
5. The duration of the contract; and
6. The date of execution.
C. An agency contract shall contain, in close proximity to the
signature of the student-athlete, a conspicuous notice in boldface
type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE
IN YOUR SPORT;
2. IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO (72)
HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE
AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
3. YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN (14) DAYS AFTER
SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR
ELIGIBILITY.
D. An agency contract that does not conform to this section is
voidable by the student-athlete. If a student-athlete voids an
agency contract, the student-athlete is not required to pay any
consideration under the contract or to return any consideration
received from the athlete agent to induce the student-athlete to
enter into the contract.
E. The athlete agent shall give a record of the signed or
otherwise authenticated agency contract to the student-athlete at the
time of execution.
Added by Laws 2003, c. 375, § 10, eff. Jan. 1, 2004.
§70-821.91. Notice to educational institution.
A. Within seventy-two (72) hours after entering into an agency
contract or before the next scheduled athletic event in which the
student-athlete may participate, whichever occurs first, the athlete
agent shall give notice in a record of the existence of the contract
to the athletic director of the educational institution at which the
*+,-11'121#+,, .;)
student-athlete is enrolled or the athlete agent has reasonable
grounds to believe the student-athlete intends to enroll.
B. Within seventy-two (72) hours after entering into an agency
contract or before the next athletic event in which the student-
athlete may participate, whichever occurs first, the student-athlete
shall inform the athletic director of the educational institution at
which the student-athlete is enrolled that the student-athlete has
entered into an agency contract.
Added by Laws 2003, c. 375, § 11, eff. Jan. 1, 2004.
§70-821.92. Student-athlete’s right to cancel.
A. A student-athlete may cancel an agency contract by giving
notice of the cancellation to the athlete agent in a record within
fourteen (14) days after the contract is signed.
B. A student-athlete may not waive the right to cancel an agency
contract.
C. If a student-athlete cancels an agency contract, the student-
athlete is not required to pay any consideration under the contract
or to return any consideration received from the athlete agent to
induce the student-athlete to enter into the contract.
Added by Laws 2003, c. 375, § 12, eff. Jan. 1, 2004.
§70-821.93. Records to be retained by athlete agent.
A. An athlete agent shall retain the following records for a
period of five (5) years:
1. The name and address of each individual represented by the
athlete agent;
2. Any agency contract entered into by the athlete agent; and
3. Any direct costs incurred by the athlete agent in the
recruitment or solicitation of a student-athlete to enter into an
agency contract.
B. Records required by subsection A of this section to be
retained shall be open to inspection by the Secretary of State and
the Attorney General during normal business hours.
C. The Secretary of State shall make records required by
subsection A of this section available to the Attorney General in an
electronic format if so requested.
Added by Laws 2003, c. 375, § 13, eff. Jan. 1, 2004. Amended by Laws
2011, c. 211, § 4, eff. Nov. 1, 2011.
§70-821.94. Prohibited conduct.
A. An athlete agent, with the intent to induce a student-athlete
to enter into an agency contract, shall not:
1. Give any materially false or misleading information or make a
materially false promise or representation;
2. Furnish anything of value to a student-athlete before the
student-athlete enters into the agency contract; or
*+,-11'121#+,, .;)
3. Furnish anything of value to any individual other than the
student-athlete or another registered athlete agent.
B. An athlete agent shall not:
1. Initiate contact with a student-athlete unless the athlete
agent is currently registered pursuant to the Uniform Athlete Agents
Act;
2. Refuse or fail to retain or permit inspection of the records
required to be retained by Section 821.93 of this title;
3. Fail to register when required by Section 821.84 of this
title;
4. Provide materially false or misleading information in an
application for registration or renewal of registration;
5. Predate or postdate an agency contract; or
6. Fail to notify a student-athlete before the student-athlete
signs or otherwise authenticates an agency contract for a particular
sport that the signing or authentication may make the student-athlete
ineligible to participate as a student-athlete in that sport.
C. An athlete agent is prohibited from any contact with a
student-athlete who is not eligible to enter into a professional-
sports-services contract. For the purposes of this subsection,
“contact” shall not include general promotional brochures.
D. The Attorney General or a district attorney may bring an
action to prosecute any civil or criminal actions as provided by this
act. The Attorney General or a district attorney may also bring an
action to recover actual damages, expenses, restitution, disgorgement
of all compensation, consideration, gifts or profits, and penalties
attributed to or flowing from a violation of this act.
Added by Laws 2003, c. 375, § 14, eff. Jan. 1, 2004. Amended by Laws
2009, c. 222, § 2, eff. Nov. 1, 2009; Laws 2011, c. 211, § 5, eff.
Nov. 1, 2011.
§70-821.95. Criminal penalties.
A. An athlete agent who violates Section 821.94 of this title is
guilty of a misdemeanor and, upon conviction, shall be subject to a
fine of not less than Ten Thousand Dollars ($10,000.00) and not more
than Two Hundred Fifty Thousand Dollars ($250,000.00), or by
imprisonment not to exceed one (1) year, or by both such fine and
imprisonment.
B. An athlete agent who violates Section 821.94 of this title
upon a second or subsequent conviction shall be guilty of a felony
and subject to a fine of not less than Fifty Thousand Dollars
($50,000) and not more than Five Hundred Thousand Dollars ($500,000),
or by imprisonment not to exceed three (3) years, or by both such
fine and imprisonment. All prior convictions in any state of acts
that would constitute a violation under Section 821.94 of this title
shall also constitute prior convictions under this section.
*+,-11'121#+,, .;)$
C. Fifty percent (50%) of all fines collected pursuant to this
section shall be deposited in the Attorney General’s Law Enforcement
Revolving Fund created in Section 19.1 of Title 74 of the Oklahoma
Statutes.
Added by Laws 2003, c. 375, § 15, eff. Jan. 1, 2004. Amended by Laws
2009, c. 222, § 3, eff. Nov. 1, 2009; Laws 2011, c. 211, § 6, eff.
Nov. 1, 2011.
§70-821.96. Right of action by educational institution – Damages –
Restriction of rights, remedies, or defenses.
A. An educational institution has a right of action against an
athlete agent or a former student-athlete for damages caused by a
violation of the Uniform Athlete Agents Act.
B. Damages of an educational institution under subsection A of
this section include losses and expenses incurred because, as a
result of the conduct of an athlete agent or former student-athlete,
the educational institution was injured by a violation of the Uniform
Athlete Agents Act or was penalized, disqualified, or suspended from
participation in athletics by a national association for the
promotion and regulation of athletics, by an athletic conference, or
by reasonable self-imposed disciplinary action taken to mitigate
sanctions likely to be imposed by such an organization.
C. A right of action under this section does not accrue until
the educational institution discovers or by the exercise of
reasonable diligence would have discovered the violation by the
athlete agent or former student-athlete.
D. Any liability of the athlete agent or the former student-
athlete under this section is several and not joint.
E. The Uniform Athlete Agents Act does not restrict rights,
remedies, or defenses of any person under law or equity.
Added by Laws 2003, c. 375, § 16, eff. Jan. 1, 2004.
§70-821.97. Administrative penalties.
A. The Secretary of State may assess an administrative penalty
against an athlete agent not to exceed Twenty-five Thousand Dollars
($25,000.00) for a violation of the Uniform Athlete Agents Act.
B. All administrative penalties collected pursuant to this
section shall be deposited in the Revolving Fund for the Office of
the Secretary of State.
Added by Laws 2003, c. 375, § 17, eff. Jan. 1, 2004.
§70-821.98. Uniformity of application and construction.
In applying and construing the Uniform Athlete Agents Act,
consideration shall be given to the need to promote uniformity of the
law with respect to its subject matter among states that enact it.
Added by Laws 2003, c. 375, § 18, eff. Jan. 1, 2004.
*+,-11'121#+,, .;)(
§70-821.99. Electronic records or signatures – Conformity with
federal law.
The provisions of the Uniform Athlete Agents Act governing the
legal effect, validity, or enforceability of electronic records or
signatures, and of contracts formed or performed with the use of such
records or signatures conform to the requirements of Section 102 of
the Electronic Signatures in Global and National Commerce Act, Pub.
L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and
limit the Electronic Signatures in Global and National Commerce Act.
Added by Laws 2003, c. 375, § 19, eff. Jan. 1, 2004.
§70-822. Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8,
1998.
§70-822.1. Definitions.
As used in Sections 2 and 3 of this act:
1. "Immediate family" means a spouse, parent, legal guardian,
child, sibling, grandparent, domestic partner or any individual whose
close association with the student-athlete is the practical
equivalent of a family relationship;
2. "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, firm or any other legal or commercial entity;
3. "Student-athlete" means a student at any public or private
institution of postsecondary education in this state or a student
residing in this state who has applied, is eligible to apply, or may
be eligible to apply in the future to a public or private institution
of postsecondary education who engages in, is eligible to engage in,
or may be eligible to engage in any intercollegiate sporting event,
contest, exhibition or program; and
4. "Transaction" means any action or set of actions occurring
between two or more persons for the sale or exchange of any property
or services.
Added by Laws 2016, c. 13, § 1, eff. Nov. 1, 2016.
§70-822.2. Prohibited transactions involving student-athletes.
A. Except as provided for in subsection C of this section, no
person shall give, offer, promise or attempt to give any money or
other thing of value to a student-athlete or member of the immediate
family of a student-athlete:
1. To induce, encourage or reward the application, enrollment or
attendance of the student-athlete at a public or private institution
of postsecondary education in order to have the student-athlete
participate in intercollegiate sporting events, contests, exhibitions
or programs at that institution; or
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2. To induce, encourage or reward the participation in an
intercollegiate sporting event, contest, exhibition or program by the
student-athlete.
B. No person shall enter into or solicit directly or through an
agent a transaction with a student-athlete if the person has, or
could be reasonably expected to have, knowledge that the transaction
would likely cause the student-athlete to permanently or temporarily
lose athletic scholarship eligibility, the ability to participate on
an intercollegiate athletic team or the ability to participate in one
or more intercollegiate sporting competitions as sanctioned by:
1. A national association for the promotion and regulation of
intercollegiate athletics;
2. An athletic conference or other sanctioning body; or
3. The institution of postsecondary education itself as a
reasonable self-imposed disciplinary action taken by the institution
to mitigate sanctions likely to be imposed by an organization as a
result of the transaction or as a violation of the rules of the
institution.
C. This section shall not apply to:
1. Any public or private institution of postsecondary education
or to any officer or employee of the institution when the institution
or the officer or employee of the institution is acting in accordance
with an official written policy of the institution which is in
compliance with the bylaws of the National Collegiate Athletic
Association;
2. Any intercollegiate athletic award approved or administered
by the public or private institution of postsecondary education;
3. Grants-in-aid or other full or partial scholarships awarded
to a student-athlete or administered by a public or private
institution of postsecondary education;
4. Members of the immediate family of the student-athlete; and
5. Money or things of value given by a person to a student-
athlete or the immediate family of a student-athlete that do not
exceed One Hundred Dollars ($100.00) in value in the aggregate on an
annual basis.
D. Any person who violates the provisions of this section shall
be guilty of a misdemeanor and, upon conviction, shall be subject to
a fine of not less than One Thousand Dollars ($1,000.00) and not more
than Five Thousand Dollars ($5,000.00), or by imprisonment not to
exceed one (1) year, or by both such fine and imprisonment.
Added by Laws 2016, c. 13, § 2, eff. Nov. 1, 2016. Amended by Laws
2017, c. 137, § 1, eff. July 1, 2017.
§70-822.3. Right of action for postsecondary institutions.
A. Each public and private institution of postsecondary
education located in this state that participates or engages in
intercollegiate athletics shall have a right of action against any
*+,-11'121#+,, .;))
person who engages in any activity concerning student-athletes that
results in:
1. The institution being penalized, disqualified, or suspended
from participation in intercollegiate athletics by a national
association for the promotion and regulation of intercollegiate
athletics, by an athletic conference or other sanctioning body, or by
reasonable self-imposed disciplinary action taken by the institution
to mitigate sanctions likely to be imposed by the organizations as a
result of the activity; or
2. The student-athlete permanently or temporarily losing
athletic scholarship eligibility, the ability to participate on an
intercollegiate athletic team, or the ability to participate in one
or more intercollegiate sporting competitions as sanctioned by a
national association for the promotion and regulation of
intercollegiate athletics, by an athletic conference or other
sanctioning body or by the institution itself as a reasonable self-
imposed disciplinary action taken by the institution to mitigate
sanctions likely to be imposed by the organizations as a result of
engaging in the activity or as a violation of the rules of the
institution.
B. An institution shall be entitled to recover all damages which
are directly related to or which flow from and are reasonably related
to the improper activity as described in this section and to any
penalties, disqualifications and suspensions. Damages shall include,
but are not limited to, loss of scholarships, loss of television
revenue, loss of bowl revenue and legal and other fees associated
with the investigation of the activity and the representation of the
institution before the sanctioning organizations in connection with
the investigation and resolution of the activity. If the institution
is the prevailing party in its cause of action, it shall be entitled
to an award of court costs, costs of litigation and reasonable
attorney fees. The institution may request and the court may enter
an injunction prohibiting any person found liable from having any
further contact with the institution, its student-athletes and
student-athletes who have expressed or might express an interest in
attending the institution. The institution may also request and the
court may enter an injunction prohibiting any person found liable
from attending athletic contests, exhibitions, games or other events
in which one or more student-athletes are participating.
C. The right of action and remedies under this section are in
addition to all other rights of action which may be available to the
institution.
Added by Laws 2016, c. 13, § 3, eff. Nov. 1, 2016.
§70-831. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-832. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;)!
§70-833. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-834. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-835. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-841. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-842. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-843. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-844. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-845. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-846. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-847. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-848. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-849. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-850. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-851. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-852. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-853. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-854.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-854.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-854.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-865. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-866. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-867. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-868. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;)
§70-869. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-870. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-876.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-876.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-876.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-876.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-881. Repealed by Laws 1941, p. 462, § 1.
§70-882. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-883. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-884. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-885. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-886. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-887. Repealed by Laws 1941, p. 462, § 1.
§70-888. Repealed by Laws 1941, p. 462, § 1.
§70-889. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-889a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-889b. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-889c. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-889d. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-889e. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-889f. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-890. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-890.1. Repealed by Laws 1943, p. 210, § 11.
*+,-11'121#+,, .;)"
§70-890.2. Repealed by Laws 1943, p. 210, § 11.
§70-890.3. Repealed by Laws 1943, p. 210, § 11.
§70-890.4. Repealed by Laws 1943, p. 210, § 11.
§70-890.5. Repealed by Laws 1943, p. 210, § 11.
§70-890.6. Repealed by Laws 1943, p. 210, § 11.
§70-890.7. Repealed by Laws 1943, p. 210, § 11.
§70-890.8. Repealed by Laws 1943, p. 210, § 11.
§70-891.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.9. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.10. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-891.11. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-892. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-896.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-896.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-896.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-896.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-896.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;)
§70-901. Repealed by Laws 1941, p. 462, § 1.
§70-902. Repealed by Laws 1941, p. 462, § 1.
§70-903. Repealed by Laws 1941, p. 462, § 1.
§70-904. Repealed by Laws 1941, p. 462, § 1.
§70-905. Repealed by Laws 1941, p. 462, § 1.
§70-906. Repealed by Laws 1941, p. 462, § 1.
§70-907. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-907.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-907.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-907.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-907.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-907.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-907.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-907.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-909. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-911. Repealed by Laws 1941, p. 416, § 8.
§70-912. Repealed by Laws 1941, p. 416, § 8.
§70-913. Repealed by Laws 1941, p. 462, § 1.
§70-914. Repealed by Laws 1941, p. 462, § 1.
§70-915.1. Repealed by Laws 1943, p. 210, § 1.
§70-915.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-915.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-915.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;!
§70-915.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-915.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-921. Repealed by Laws 1941, p. 483, § 1.
§70-922. Repealed by Laws 1941, p. 483, § 1.
§70-923. Repealed by Laws 1941, p. 483, § 1.
§70-924. Repealed by Laws 1941, p. 483, § 1.
§70-925. Repealed by Laws 1941, p. 483, § 1.
§70-926. Repealed by Laws 1941, p. 483, § 1.
§70-927. Repealed by Laws 1941, p. 483, § 1.
§70-928. Repealed by Laws 1941, p. 483, § 1.
§70-929. Repealed by Laws 1941, p. 483, § 1.
§70-930. Repealed by Laws 1941, p. 483, § 1.
§70-931. Repealed by Laws 1941, p. 483, § 1.
§70-932. Repealed by Laws 1941, p. 483, § 1.
§70-933. Repealed by Laws 1941, p. 483, § 1.
§70-934. Repealed by Laws 1941, p. 483, § 1.
§70-935. Repealed by Laws 1941, p. 483, § 1.
§70-951. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-952. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-953. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-954. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-955. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-956. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-957. Repealed by Laws 1949, p. 607, art. 20, § 9.
*+,-11'121#+,, .;!
§70-961. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-962. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-963-1. Repealed by Laws 1941, p. 467, § 18.
§70-963-2. Repealed by Laws 1941, p. 467, § 18.
§70-963-3. Repealed by Laws 1941, p. 467, § 18.
§70-963-4. Repealed by Laws 1941, p. 467, § 18.
§70-963-5. Repealed by Laws 1941, p. 467, § 18.
§70-963-6. Repealed by Laws 1941, p. 467, § 18.
§70-963-7. Repealed by Laws 1941, p. 467, § 18.
§70-963-8. Repealed by Laws 1941, p. 467, § 18.
§70-963-9. Repealed by Laws 1941, p. 467, § 18.
§70-963-10. Repealed by Laws 1941, p. 467, § 18.
§70-963-11. Repealed by Laws 1941, p. 467, § 18.
§70-963-12. Repealed by Laws 1941, p. 467, § 18.
§70-963-13. Repealed by Laws 1941, p. 467, § 18.
§70-963-14. Repealed by Laws 1941, p. 467, § 18.
§70-963-15. Repealed by Laws 1941, p. 467, § 18.
§70-963-16. Repealed by Laws 1941, p. 467, § 18.
§70-963-17. Repealed by Laws 1941, p. 467, § 18.
§70-963-18. Repealed by Laws 1941, p. 467, § 18.
§70-963-19. Repealed by Laws 1941, p. 467, § 18.
§70-963-20. Repealed by Laws 1941, p. 467, § 18.
§70-963-21. Repealed by Laws 1941, p. 467, § 18.
*+,-11'121#+,, .;!$
§70-963-22. Repealed by Laws 1941, p. 467, § 18.
§70-963-23. Repealed by Laws 1941, p. 467, § 18.
§70-963-24. Repealed by Laws 1941, p. 467, § 18.
§70-963-25. Repealed by Laws 1941, p. 467, § 18.
§70-963-26. Repealed by Laws 1941, p. 467, § 18.
§70-963-27. Repealed by Laws 1941, p. 467, § 18.
§70-963-28. Repealed by Laws 1941, p. 467, § 18.
§70-963-29. Repealed by Laws 1941, p. 467, § 18.
§70-963-30. Repealed by Laws 1941, p. 467, § 18.
§70-963-31. Repealed by Laws 1941, p. 467, § 18.
§70-963-32. Repealed by Laws 1941, p. 467, § 18.
§70-963-33. Repealed by Laws 1941, p. 467, § 18.
§70-963-34. Repealed by Laws 1941, p. 467, § 18.
§70-963-35. Repealed by Laws 1941, p. 467, § 18.
§70-963-36. Repealed by Laws 1941, p. 467, § 18.
§70-963-37. Repealed by Laws 1941, p. 467, § 18.
§70-963-38. Repealed by Laws 1941, p. 467, § 18.
§70-964.1. Repealed by Laws 1945, p. 333, § 15.
§70-964.2. Repealed by Laws 1945, p. 333, § 15.
§70-964.3. Repealed by Laws 1945, p. 333, § 15.
§70-964.4. Repealed by Laws 1945, p. 333, § 15.
§70-964.5. Repealed by Laws 1945, p. 333, § 15.
§70-964.6. Repealed by Laws 1945, p. 333, § 15.
*+,-11'121#+,, .;!(
§70-964.7. Repealed by Laws 1945, p. 333, § 15.
§70-964.8. Repealed by Laws 1945, p. 333, § 15.
§70-964.9. Repealed by Laws 1945, p. 333, § 15.
§70-964.10. Repealed by Laws 1945, p. 333, § 15.
§70-964.11. Repealed by Laws 1945, p. 333, § 15.
§70-964.12. Repealed by Laws 1945, p. 333, § 15.
§70-964.13. Repealed by Laws 1945, p. 333, § 15.
§70-964.14. Repealed by Laws 1945, p. 333, § 15.
§70-965.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.9. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.10. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.11. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.12. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.13. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-965.14. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-970.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.9. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.10. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.11. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.12. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.13. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.14. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.15. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.16. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.17. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.18. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.19. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.20. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.21. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.22. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.23. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-970.24. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-971. Repealed by Laws 1947, p. 533, § 25.
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§70-972. Repealed by Laws 1947, p. 533, § 25.
§70-973. Repealed by Laws 1947, p. 533, § 25.
§70-974. Repealed by Laws 1947, p. 533, § 25.
§70-975. Repealed by Laws 1947, p. 533, § 25.
§70-975.1. Repealed by Laws 1947, p. 533, § 25.
§70-976. Repealed by Laws 1947, p. 533, § 25.
§70-977. Repealed by Laws 1947, p. 533, § 25.
§70-978. Repealed by Laws 1947, p. 533, § 25.
§70-979. Repealed by Laws 1947, p. 533, § 25.
§70-980. Repealed by Laws 1947, p. 533, § 25.
§70-981. Repealed by Laws 1947, p. 533, § 25.
§70-982. Repealed by Laws 1947, p. 533, § 25.
§70-983. Repealed by Laws 1947, p. 533, § 25.
§70-984. Repealed by Laws 1947, p. 533, § 25.
§70-985. Repealed by Laws 1941, p. 416, § 1.
§70-985a. Repealed by Laws 1947, p. 533, § 25.
§70-985b. Repealed by Laws 1945, p. 335, § 3.
§70-986. Repealed by Laws 1947, p. 533, § 25.
§70-987. Repealed by Laws 1947, p. 533, § 25.
§70-988. Repealed by Laws 1941, p. 416, § 1, and Laws 1941, p. 418,
§ 6.
§70-989. Repealed by Laws 1947, p. 533, § 25.
§70-990. Repealed by Laws 1947, p. 533, § 25.
§70-991. Repealed by Laws 1947, p. 533, § 25.
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§70-991a. Repealed by Laws 1947, p. 533, § 25.
§70-991b. Repealed by Laws 1947, p. 533, § 25.
§70-992. Repealed by Laws 1947, p. 533, § 25.
§70-1001. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1002. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1003. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1004. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1005. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1006. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1007. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1008. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1021. Repealed by Laws 1941, p. 424, § 20.
§70-1022. Repealed by Laws 1941, p. 424, § 20.
§70-1023. Repealed by Laws 1941, p. 424, § 20.
§70-1024. Repealed by Laws 1941, p. 424, § 20.
§70-1025. Repealed by Laws 1941, p. 424, § 20.
§70-1026. Repealed by Laws 1941, p. 424, § 20.
§70-1027. Repealed by Laws 1941, p. 424, § 20.
§70-1028. Repealed by Laws 1941, p. 424, § 20.
§70-1029. Repealed by Laws 1941, p. 424, § 20.
§70-1030. Repealed by Laws 1941, p. 424, § 20.
§70-1031. Repealed by Laws 1941, p. 424, § 20.
§70-1032. Repealed by Laws 1941, p. 424, § 20.
§70-1033. Repealed by Laws 1941, p. 424, § 20.
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§70-1034. Repealed by Laws 1941, p. 424, § 20.
§70-1035. Repealed by Laws 1941, p. 424, § 20.
§70-1036. Repealed by Laws 1941, p. 424, § 20.
§70-1037. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.1a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.9. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.10. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.11. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.12. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.13. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.14. Repealed by Laws 1947, p. 499, art. I, § 8.
§70-1037.15. Repealed by Laws 1947, p. 499, art. I, § 8.
§70-1037.16. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.17. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1037.18. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-1038. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1051. Repealed by Laws 1941, p. 462, § 1.
§70-1052. Repealed by Laws 1941, p. 462, § 1.
§70-1053. Repealed by Laws 1941, p. 462, § 1.
§70-1054. Repealed by Laws 1941, p. 462, § 1.
§70-1055. Repealed by Laws 1941, p. 462, § 1.
§70-1056. Repealed by Laws 1941, p. 462, § 1.
§70-1061. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1062. Repealed by Laws 1941, p. 464, § 6.
§70-1063. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1064. Repealed by Laws 1941, p. 464, § 6.
§70-1065. Repealed by Laws 1941, p. 464, § 6.
§70-1066. Repealed by Laws 1937, p. 186, § 11.
§70-1067. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1067a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1068. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1069. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1070. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1071. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1072. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1073. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1074. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1075. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1076. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-1081. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1082. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1084. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1085. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1091. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1092. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1093. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1101. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1105. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1105a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1105b. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1105c. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1105d. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1105e. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1105f. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1106.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1106.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1106.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1106.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1106.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1107.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1107.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1107.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-1108.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1108.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1111. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1112. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1113. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1121. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1122. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1123. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1124. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1125. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1125a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1125c. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1126. Repealed by Laws 1947, p. 540, § 9.
§70-1126a. Repealed by Laws 1947, p. 540, § 9.
§70-1126b. Repealed by Laws 1947, p. 540, § 9.
§70-1126c. Repealed by Laws 1947, p. 540, § 9.
§70-1126d. Repealed by Laws 1947, p. 540, § 9.
§70-1126e. Repealed by Laws 1947, p. 540, § 9.
§70-1126f. Repealed by Laws 1947, p. 540, § 9.
§70-1127.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1127.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1127.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1127.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1127.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-1127.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1127.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1131. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1132. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1141. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1142. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1151. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1152. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1153. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1156.8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1160. Repealed by Laws 1951, p. 235, § 34.
§70-1161. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1171. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1172. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1173. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1174. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-1175. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1176. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1177. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1178. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1179. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1180. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1181. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1182. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1183. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1191. Repealed by Laws 1939, p. 182, § 17.
§70-1192. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1193. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1194. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195a. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195b. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195c. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195d. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195e. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195f. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195g. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195h. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195i. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195j. Repealed by Laws 1949, p. 607, art. 20, § 9.
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§70-1195k. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195l. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195m. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1195n. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1196. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.3. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.4. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.5. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.6. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.7. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1199.8. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1201. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1206.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1206.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1207.1. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1207.2. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1208. Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-1209. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.5E. Remediation in mathematics – Implementation contingency
– Verification of expenditure levels.
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A. Contingent upon the provision of appropriated funds
designated for such purpose, students who do not perform
satisfactorily on the mathematics portion of either the norm-
referenced or criterion-referenced tests for grades three through
eight required pursuant to Section 1210.508 of this title shall be
provided remediation. The remediation may include but not be limited
to tutorial instruction after regular school hours, on Saturdays and
during the summer. Such instruction shall not be counted toward the
one-hundred-eighty-day school year required in Section 1-109 of this
title.
B. Implementation of this section shall be delayed until the
current expenditure per pupil in average daily attendance in public
elementary and secondary schools in unadjusted dollars for the 1998-
99 school year or any school year thereafter for Oklahoma, as
reported by the National Center for Education Statistics annually in
the Digest of Education Statistics, reaches at least ninety percent
(90%) of the regional average expenditure for that same year, and
funds are provided. For purposes of this section, the regional
average expenditure shall consist of the current expenditure per
pupil in average daily attendance in public elementary and secondary
schools in unadjusted dollars for each of the following states:
Arkansas, Colorado, Kansas, Missouri, New Mexico, Oklahoma, and
Texas, averaged together. By January 1 of each year, the State Board
of Education shall report whether or not the ninety-percent
expenditure level has been reached based on information reported
annually in the Digest of Education Statistics by the National Center
for Education Statistics. This section shall be implemented on July
1 after the first January 1 report verifies that the ninety-percent
expenditure level has been reached and funds have been provided for
the specific purposes of this section.
Added by Laws 1999, c. 320, § 44, eff. July 1, 1999. Amended by Laws
2001, c. 201, § 6; Laws 2002, c. 212, § 1, eff. July 1, 2002.
§70-1210.21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.22. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.23. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.24. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.25. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
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§70-1210.26. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.27. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.28. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.29. Repealed by Laws 1967, c. 327, § 5.
§70-1210.30. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.31. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.32. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1210.34. Special license plates for automobiles furnished by
dealers - Insurance - Liability.
(a) Each new motor vehicle loaned and furnished free of charge
by a licensed Oklahoma new car dealer to a school district or
institution of higher learning in Oklahoma to be used exclusively for
instructing pupils or used in the instruction of teachers in the
driver education and training program, including any vehicle used
exclusively for vocational agriculture purposes, conducted by such
school district or institution of higher learning may be operated for
such purpose with a special driver education training license plate
attached thereto. Such license plates shall be issued without any
charge therefor to school districts or institutions of higher
learning from the central office of the Oklahoma Tax Commission upon
application forms prescribed and furnished by the Commission, and
such plates shall be accounted for by the school district or
institution of higher learning to which issued, as the Tax Commission
may require. Said special license plates shall be used only on such
motor vehicles furnished free of charge by dealers and used in the
driver education program, including any vehicle used exclusively for
vocational agriculture purposes, and for no other purpose except for
garaging and safekeeping of said motor vehicle.
(b) The school district or institution of higher learning may
provide adequate insurance to cover such motor vehicle and its use
for such purposes, and the dealer owning and so furnishing same shall
not be liable for any personal injury or property damage resulting
from the use of any such motor vehicle while in the possession of the
*+,-11'121#+,, .;!
school district or institution of higher learning, its officials,
employees or students.
The use of such motor vehicles for said purposes by school
districts or institutions of higher learning is declared to be a
public governmental function and no action for damages shall be
brought against the school districts or institutions of higher
learning and the amount of damages, if any, recoverable against the
insurer and collectible from such insurer shall be limited to the
amount provided in the insurance contract. Provided that the
provisions hereof shall not be construed as creating any liability
whatever against any school district or institution of higher
learning which has not provided said insurance.
(c) Each new motor vehicle loaned and furnished free of charge
by a licensed Oklahoma new car dealer to a parochial, private or
nonpublic school in Oklahoma to be used exclusively for instructing
pupils in the driver education and training program may be operated
for such purpose with a special private driver education training
license plate attached thereto. The Oklahoma Tax Commission shall
issue said license upon payment of a fee of Ten Dollars ($10.00) per
year. The ten-dollar fee shall be in addition to other fees required
by law, excluding the annual license fee established pursuant to the
Oklahoma Vehicle License and Registration Act. The revenue collected
shall be apportioned as provided by law for such motor vehicles. The
Oklahoma Tax Commission shall prescribe and furnish application forms
for such purpose and shall promulgate rules and regulations for the
issuance and revocation of said license. The motor vehicles provided
for in this subsection shall not be subject to the provisions of
Sections 1152 through 1155 of Title 47 of the Oklahoma Statutes.
Added by Laws 1970, c. 180, § 1, eff. July 1, 1970. Amended by Laws
1971, c. 141, § 1, operative July 1, 1971; Laws 1986, c. 104, § 3,
eff. Aug. 1, 1986.
NOTE: Laws 1971, c. 73, § 1 repealed by Laws 1986, c. 104, § 5, eff.
Aug. 1, 1986.
§70-1210.35. Penalty - Unauthorized use.
It shall be unlawful for any person to operate a motor vehicle
bearing a "Driver Education Training" tag or "Private Driver
Education Training" tag as provided for in Section 1210.34 of this
title on any street, road or highway in this state for any purpose
other than instructing pupils or used in the instruction of teachers
in driver education and training; and upon conviction therefor such
person shall be punished by a fine of not more than Fifty Dollars
($50.00). Use of a driver education motor vehicle in a manner
unauthorized herein shall create no liability of any kind upon a
school district or institution of higher learning.
*+,-11'121#+,, .;
Added by Laws 1970, c. 180, § 2, eff. July 1, 1970. Amended by Laws
1971, c. 141, § 2, operative July 1, 1971; Laws 1986, c. 104, § 4,
eff. Aug. 1, 1986.
NOTE: Laws 1971, c. 73, § 2 repealed by Laws 1986, c. 104, § 5, eff.
Aug. 1, 1986.
§70-1210.41. Motor vehicles - Lease or loan agreements - Training or
maintenance programs.
Any person, company, corporation, partnership, copartnership,
trust or other business entity desiring to do so may enter into a
written lease or loan agreement with the board of education of any
technology center school or technology center school district
covering the lease or loan to such board of education of any motor
vehicle for use by such technology center school or technology center
school district in connection with any training or maintenance or
other similar educational program, or in administering any such
program, operated by or under the direction of such board of
education. Such written agreement shall specify the monetary
consideration therefor, if any; shall provide that ownership of such
motor vehicle shall remain in the person or business entity so
furnishing same to the board of education; shall state the make,
model, equipment attached, year of manufacture and manufacturer's
delivery price of said motor vehicle; and the duration of the term of
such lease or loan agreement. Such written agreements shall provide
that upon expiration of the term set out in the agreement said motor
vehicle shall be returned to the owner thereof. Such agreements
shall be executed by the board of education, or an administrative
officer in behalf thereof, and the owner of such motor vehicle.
Added by Laws 1971, c. 219, § 1, emerg. eff. June 11, 1971. Amended
by Laws 2001, c. 33, § 124, eff. July 1, 2001.
§70-1210.42. Special license plates.
Each motor vehicle furnished to the board of education of a
technology center school or technology center school district in the
manner and for the purposes provided for in Section 1210.41 of this
title may be operated for such purposes with a special license plate
attached thereto. Such special license plates shall be issued for a
nominal fee of One Dollar ($1.00) in event the vehicle is loaned but
such special license plates may be used only while such motor vehicle
is in the possession or under the control of the board of education,
and it shall not be necessary for the owner of such motor vehicle to
pay the vehicle excise tax thereon during the time same is in the
possession of such board of education and used for purposes stated in
Section 1210.41 of this title.
Added by Laws 1971, c. 219, § 2, emerg. eff. June 11, 1971. Amended
by Laws 2001, c. 33, § 125, eff. July 1, 2001.
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§70-1210.43. Insurance.
In event the vehicle is loaned the board of education shall
provide insurance, by securing a policy from an insurance company
authorized to do business in this state, with limits of not less than
Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to
or death of one person in any one accident and, subject to said limit
for one person, to a limit of not less than Fifty Thousand Dollars
($50,000.00) because of bodily injury to or death of two or more
persons in any one accident, and if the accident has resulted in
injury to or destruction of property to a limit of not less than
Twenty-five Thousand Dollars ($25,000.00) because of injury to or
destruction of property of others in any one accident, to cover such
motor vehicle and its use while in its possession or control, and the
owner so furnishing same shall not be liable for any personal injury
or property damage resulting from the use of any such motor vehicle
while in the possession of the board of education, its officials,
employees or students.
The use of such motor vehicles for the purposes stated in Section
1210.41 of this title by technology center schools or technology
center school districts is declared to be a public governmental
function and no action for damages shall be brought against such
schools or school districts or the boards of education thereof and
the amount of damages, if any, recoverable against and collectible
from such insurer may be determined in an action brought against said
insurance company and shall be limited to the amount provided in the
insurance contract.
Added by Laws 1971, c. 219, § 3, emerg. eff. June 11, 1971. Amended
by Laws 2001, c. 33, § 126, eff. July 1, 2001; Laws 2004, c. 519, §
36, eff. Nov. 1, 2004.
§70-1210.44. Unauthorized use of vehicles.
It shall be unlawful for any person to operate a motor vehicle
bearing a special license plate as provided for in this act on any
street, road or highway in this state for any purpose other than in
connection with any training or maintenance or other similar
educational program or in administering such program; and upon
conviction therefor such person shall be punished by a fine of not
more than Fifty Dollars ($50.00). Use of a motor vehicle in a manner
unauthorized herein shall create no liability of any kind upon a
technology center school or technology center school district, or
upon the board of education thereof.
Added by Laws 1971, c. 219, § 4, emerg. eff. June 11, 1971. Amended
by Laws 2001, c. 33, § 127, eff. July 1, 2001.
§70-1210.45. Lease, sale, donation, etc. of obsolete, surplus or
unneeded machinery, equipment or vehicles.
*+,-11'121#+,, .;
The board of county commissioners of any county or the governing
board of any city or town is hereby authorized, in its discretion and
upon such terms, conditions and for such consideration as it deems
advisable, to lease, loan, sell or donate any obsolete, surplus or
unneeded machinery, equipment or motor vehicle which it may have to
the board of education of any technology center school or technology
center school district for use in connection with any training,
maintenance or other similar educational program conducted by such
board of education. Such educational programs may include, but shall
not be limited to, the performance of field training projects in
behalf of any county, municipality, school district or any
organization not organized for profit, to provide needed training
experience for the persons enrolled in such training programs.
Added by Laws 1971, c. 219, § 5, emerg. eff. June 11, 1971. Amended
by Laws 2001, c. 33, § 128, eff. July 1, 2001.
§70-1210.51. Citation.
This act shall be known as and may be cited as "The Public School
Improvement Act of 1968".
Laws 1968, c. 48, § 1, eff. July 1, 1968.
§70-1210.52. Legislative intent.
It is the intention of the Legislature to provide for the
improvement of the public schools of Oklahoma:
(a) by increasing the amount of state financial aid to local
school districts;
(b) by encouraging local school districts to make a maximum
effort to increase their local financial support of their own public
schools in each such school district;
(c) by encouraging local school districts to initiate and
maintain free public kindergartens without compelling such
kindergartens;
(d) by basing state financial aid upon the child and not upon the
classroom unit, the teacher or any other factor;
(e) by strengthening the partnership between the state and the
local school districts in the fulfillment of their joint obligation
to provide education for Oklahoma's children; and
(f) by preserving the autonomy of each local school district and
the citizens thereof to decide the kind and quality of education to
be provided for the children of that district.
It is the further intention of the Legislature to increase and
improve the educational opportunities of the children of Oklahoma
through increased financial support of the public schools in order to
allow local school districts more ample funds:
(a) to increase the compensation of teachers;
(b) to reduce the nonteaching duties of teachers;
(c) to reduce class sizes;
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(d) to improve, enlarge and enrich curriculum;
(e) to provide special education for children with learning
disabilities; and
(f) to encourage local school districts to initiate and maintain
free public kindergartens without compelling such, while preserving
to each local school district and the citizens thereof a maximum
autonomy in determining which needs are most important and the
priorities of such needs as to available funds. This Act should be
administered, interpreted and construed liberally to effectuate these
purposes.
Laws 1968, c. 48, § 2, eff. July 1, 1968.
§70-1210.53. Repealed by Laws 1973, c. 25, § 2, emerg. eff. April
17, 1973.
§70-1210.54. School budgets and estimates.
In the preparation of their budgets and estimates of income for
the school years 1968-69 and thereafter the school districts of this
state may include the increased amounts of Foundation Program Aid and
Incentive Aid provided by this act.
Laws 1968, c. 48, § 5, eff. July 1, 1968.
§70-1210.101. Repealed by Laws 1998, c. 204, § 6, eff. July 1, 1998.
§70-1210.102. Repealed by Laws 1998, c. 204, § 6, eff. July 1, 1998.
§70-1210.103. Repealed by Laws 1998, c. 204, § 6, eff. July 1, 1998.
§70-1210.103A. Repealed by Laws 1998, c. 204, § 6, eff. July 1,
1998.
§70-1210.104. Repealed by Laws 1998, c. 204, § 6, eff. July 1, 1998.
§70-1210.105. Repealed by Laws 1973, c. 25, § 2, emerg. eff. April
17, 1973.
§70-1210.151. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.152. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.153. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.154. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
*+,-11'121#+,, .;"
§70-1210.155. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.156. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.157. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.158. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.159. Repealed by Laws 1976, c. 22, § 5, operative July 1,
1976.
§70-1210.160. Abuse-prevention instructional programs.
A. All public schools may establish an abuse-prevention
instructional program for students, consistent with this section.
The content of instruction shall be at the discretion of the school
board; provided, that the instructional program shall:
1. Provide developmental and age-appropriate curriculum to teach
children risk-reduction strategies including, but not limited to:
a. how to identify dangerous situations,
b. personal boundary violations,
c. how to refuse approaches and invitations,
d. how to summon help, and
e. what to do if abuse occurs;
2. Be offered annually to reinforce and build on skills learned
the previous year;
3. Involve students as active learning participants;
4. Have the capacity to be delivered by a wide range of
personnel including teachers, school counselors, prevention agency
educators, and other professionals;
5. Include evidence-informed curriculum;
6. Include an evaluation component that utilizes a pre- and
post-program surveys or testing of the students to measure the
acquisition of the lessons taught;
7. Provide instruction that is culturally sensitive and
adaptable; and
8. Encourage parental involvement within the abuse prevention
program to include, but not be limited to, information on child abuse
prevention, risk-reduction techniques, abuse reporting, and support
service availability.
B. Pursuant to the Parents' Bill of Rights, Section 2001 et seq.
of Title 25 of the Oklahoma Statutes, no student shall be required to
participate in an abuse-prevention instructional program. Failure to
*+,-11'121#+,, .;"$
participate shall not, by itself, be grounds for a referral to the
Department of Human Services pursuant to Section 1-2-101 of Title 10A
of the Oklahoma Statutes.
Added by Laws 2015, c. 246, § 3, eff. Nov. 1, 2015.
§70-1210.161. Promulgation of rules.
The State Board of Education, the Oklahoma Commission on Children
and Youth, and the State Board of Health shall promulgate rules
necessary to implement the provisions of this act.
Added by Laws 2015, c. 246, § 5, eff. Nov. 1, 2015.
§70-1210.162. Public schools – Child abuse sign posting.
A. Each public school shall post in a clearly visible location
in a public area of the school that is readily accessible to students
a sign in English and Spanish that contains the toll-free telephone
number operated by the Department of Human Services pursuant to
Section 1-2-101 of Title 10A of the Oklahoma Statutes to receive
reports of child abuse or neglect.
B. The State Board of Education shall promulgate rules relating
to the size and location of the sign required by subsection A of this
section.
Added by Laws 2016, c. 25, § 1, eff. July 1, 2016.
§70-1210.163. Duty for school employees to report potential student
abuse or neglect.
A. Every school employee having reason to believe that a student
under the age of eighteen (18) years is a victim of abuse or neglect
shall report the matter immediately to the Department of Human
Services and local law enforcement. Reports to the Department shall
be made to the hotline provided for in Section 1-2-101 of Title 10A
of the Oklahoma Statutes. Any allegation of abuse or neglect
reported in any manner to a county office shall immediately be
referred to the hotline by the Department.
B. Every school employee having reason to believe that a student
age eighteen (18) years or older is a victim of abuse or neglect
shall report the matter immediately to local law enforcement.
C. In reports required by subsection A or B of this section,
local law enforcement shall keep confidential and redact any
information identifying the reporting school employee unless
otherwise ordered by the court. A school employee with knowledge of
a report required by subsection A or B of this section shall not
disclose information identifying the reporting school employee unless
otherwise ordered by the court or as part of an investigation by
local law enforcement or the Department.
D. For the purposes of this section, "child abuse and neglect"
shall include, but not be limited to:
*+,-11'121#+,, .;"(
1. Child abuse as defined in Section 843.5 of Title 21 of the
Oklahoma Statutes;
2. Sexual abuse or sexual exploitation as defined in Section 1-
1-105 of Title 10A of the Oklahoma Statutes;
3. Contributing to the delinquency of a minor as defined in
Section 856 of Title 21 of the Oklahoma Statutes;
4. Trafficking in children, as defined in Section 866 of Title
21 of the Oklahoma Statutes;
5. Incest as described in Section 885 of Title 21 of the
Oklahoma Statutes;
6. Forcible sodomy, as described in Section 888 of Title 21 of
the Oklahoma Statutes;
7. Maliciously, forcibly or fraudulently taking or enticing a
child away, as described in Section 891 of Title 21 of the Oklahoma
Statutes;
8. Soliciting or aiding a minor child to perform or showing,
exhibiting, loaning or distributing obscene material or child
pornography, as described in Section 1021 of Title 21 of the Oklahoma
Statutes;
9. Procuring or causing the participation of any minor child in
any child pornography or knowingly possessing, procuring or
manufacturing child pornography, as described in Section 1021.2 of
Title 21 of the Oklahoma Statutes;
10. Permitting or consenting to the participation of a minor
child in any child pornography, as described in Section 1021.3 of
Title 21 of the Oklahoma Statutes;
11. Facilitating, encouraging, offering or soliciting sexual
conduct with a minor, as described in Section 1040.13a of Title 21 of
the Oklahoma Statutes;
12. Offering or offering to secure a minor child for the
purposes of prostitution or any other lewd or indecent act, as
described in Section 1087 of Title 21 of the Oklahoma Statutes;
13. Causing, inducing, persuading or encouraging a minor child
to engage or continue to engage in prostitution, as described in
Section 1088 of Title 21 of the Oklahoma Statutes;
14. Rape or rape by instrumentation, as described in Sections
1111.1 and 1114 of Title 21 of the Oklahoma Statutes; and
15. Making any oral, written or electronically or computer-
generated lewd or indecent proposals to a minor child under the age
of sixteen (16) as described in Section 1123 of Title 21 of the
Oklahoma Statutes.
Added by Laws 2018, c. 323, § 2, eff. July 1, 2018. Amended by Laws
2019, c. 415, § 2, eff. July 1, 2019.
§70-1210.171. Appropriate education for deaf or hard of hearing
children.
*+,-11'121#+,, .;"
A. It shall be the right of every child who is deaf or so hard
of hearing that he cannot participate in the regular public school
program to receive an appropriate education at the expense of the
State of Oklahoma. It shall be the duty of every school district to
seek out and identify every such child between the ages of two (2)
and twenty-one (21) years at the earliest possible age under
procedures to be prescribed by regulations of the State Department of
Education. It shall be the duty of every parent or other person
having custody of such child to cause such child to be enrolled in
and attend a school which provides special education for such deaf
children.
B. The State Department of Education may establish educational
programs for preschool deaf and hard-of-hearing children by regional
education service centers. Such programs shall serve preschool deaf
and hard-of-hearing children from the age the hearing impairment is
detected by a licensed physician or audiologist. Such programs shall
also include a course of instruction for the parents of deaf and
hard-of-hearing children.
Amended by Laws 1982, c. 168, § 1.
§70-1210.172. Enforcement.
The duties of the school district under the preceding section
shall be enforced by the State Department of Education through orders
issued after a hearing upon due notice to such district.
Laws 1970, c. 201, § 2, emerg. eff. April 13, 1970.
§70-1210.181. Respirators to be available where toxic materials are
used or stored.
The school board of each school district in Oklahoma shall
provide respirators where needed in the opinion of the State Health
Department as approved by the National Safety Council in sufficient
numbers to protect teachers and students in industrial arts,
vocational training, technical training and chemistry classes using
or handling toxic materials or other substances which may cause
damage to the respiratory system and shall further direct that such
respirators be maintained in satisfactory working condition and are
located within easy access wherever such materials or substances are
used or stored.
Added by Laws 1965, c. 462, § 1.
§70-1210.182. Industrial quality eye protective devices
Every student and teacher in schools, colleges, universities, or
other educational institutions, participating in or observing any of
the following courses of instruction in:
(A) Vocational, technical, industrial arts, chemical, or
chemical-physical, involving exposure to:
1. Hot molten metals, or other molten materials;
*+,-11'121#+,, .;")
2. Milling, sawing, turning, shaping, cutting, grinding, or
stamping of any solid materials;
3. Heat treatment, tempering, or kiln firing of any metal or
other materials;
4. Gas or electric arc welding, or other forms of welding
processes;
5. Repair or servicing of any vehicle where there is danger of
injury to the eyes;
6. Caustic or explosive materials;
(B) Chemical, physical, or combined chemical-physical
laboratories involving caustic or explosive materials, hot liquids or
solids, injurious radiations, or other hazards not enumerated; is
required to wear appropriate industrial quality eye protective
devices at all times while participating in or observing such courses
of instruction. Such devices may be furnished for all students and
teachers, or made available for a moderate rental fee, and shall be
furnished for all visitors to such shops and laboratories when
entering working areas.
"Industrial quality eye protective devices", as used in this
section means devices meeting the standards of the USA Standard
Practice for Occupational and Educational Eye and Face Protection,
Z87.1-1968, and subsequent revisions thereof, approved by the United
States of America Standards Institute, Inc.
The State Commissioner of Health shall prepare and circulate to
each public and private educational institution in this state
instructions and recommendations for implementing the eye safety
provisions of this law.
Added by Laws 1969, c. 127, § 1, emerg. eff. April 3, 1969.
§70-1210.191. Certification - School children - List of immunization
tests required.
A. No minor child shall be admitted to any public, private, or
parochial school operating in this state unless and until
certification is presented to the appropriate school authorities from
a licensed physician, or authorized representative of the State
Department of Health, that such child has received or is in the
process of receiving, immunizations against diphtheria, pertussis,
tetanus, haemophilus influenzae type B (HIB), measles (rubeola),
rubella, poliomyelitis, varicella, and hepatitis A or is likely to be
immune as a result of the disease.
B. Immunizations required, and the manner and frequency of their
administration, as prescribed by the State Board of Health, shall
conform to recognized standard medical practices in the state. The
State Department of Health shall supervise and secure the enforcement
of the required immunization program. The State Department of
Education and the governing boards of the school districts of this
*+,-11'121#+,, .;"!
state shall render reasonable assistance to the State Department of
Health in the enforcement of the provisions hereof.
C. The State Board of Health, by rule, may alter the list of
immunizations required after notice and hearing. Any change in the
list of immunizations required shall be submitted to the next regular
session of the Legislature and such change shall remain in force and
effect unless and until a concurrent resolution of disapproval is
passed. Hearings shall be conducted by the State Board of Health, or
such officer, agents or employees as the Board of Health may
designate for that purpose. The State Board of Health shall give
appropriate notice of the proposed change in the list of
immunizations required and of the time and place for hearing. The
change shall become effective on a date fixed by the State Board of
Health. Any change in the list of immunizations required may be
amended or repealed in the same manner as provided for its adoption.
Proceedings pursuant to this subsection shall be governed by the
Administrative Procedures Act.
D. The State Department of Education and the governing boards of
the school districts of this state shall provide for release to the
Oklahoma Health Care Authority of the immunization records of school
children covered under Title XIX or Title XXI of the federal Social
Security Act who have not received the required immunizations at the
appropriate time. The information received pursuant to such release
shall be transmitted by the Oklahoma Health Care Authority to medical
providers who provide services to such children pursuant to Title XIX
or Title XXI to assist in their efforts to increase the rate of
childhood immunizations pursuant to the requirements of the Early and
Periodic Screening, Diagnosis and Treatment (EPSDT) services
provisions. The provisions of this subsection shall not be construed
to prohibit or affect the eligibility of any child to receive
benefits pursuant to Title XIX or Title XXI of the Social Security
Act or to require the immunization of any child if such child is
exempt from the immunization requirements pursuant to law. The name
of any child exempt from immunization pursuant to Section 1210.192 of
this title shall not be included in the information transmitted
pursuant to this subsection.
Added by Laws 1970, c. 225, § 1, emerg. eff. April 15, 1970. Amended
by Laws 1976, c. 262, § 1, emerg. eff. June 17, 1976; Laws 1998, c.
175, § 1, eff. Nov. 1, 1998; Laws 1998, c. 412, § 3, eff. Nov. 1,
1998.
NOTE: Laws 1998, c. 95, § 2 and Laws 1998, c. 177, § 2 repealed by
Laws 1998, c. 412, § 8, eff. Nov. 1, 1998.
§70-1210.192. Exemptions.
Any minor child, through the parent, guardian, or legal custodian
of the child, may submit to the health authority charged with the
enforcement of the immunization laws of this state:
*+,-11'121#+,, .;"
1. A certificate of a licensed physician as defined in Section
725.2 of Title 59 of the Oklahoma Statutes, stating that the physical
condition of the child is such that immunization would endanger the
life or health of the child; or
2. A written statement by the parent, guardian or legal
custodian of the child objecting to immunization of the child;
whereupon the child shall be exempt from the immunization laws of
this state.
Added by Laws 1970, c. 225, § 2, emerg. eff. April 15, 1970. Amended
by Laws 1998, c. 181, § 4, eff. Nov. 1, 1998.
§70-1210.193. Administration - Parents unable to pay
The immunizations will be administered by a licensed physician,
someone under his direction, or public health department. If the
parents or guardians are unable to pay, the State Department of
Public Health shall provide, without charge, the immunization
materials required by this act to such pupils. The parents, guardian
or person having legal custody of any child may claim an exemption
from the immunizations on medical, religious or personal grounds.
Added by Laws 1970, c. 225, § 3, emerg. eff. April 15, 1970. Amended
by Laws 1976, c. 262, § 2, emerg. eff. June 17, 1976.
§70-1210.194. Children afflicted with contagious disease or head
lice.
A. Any child afflicted with a contagious disease or head lice
may be prohibited from attending a public, private, or parochial
school until such time as he is free from the contagious disease or
head lice.
B. Any child prohibited from attending school due to head lice
shall present to the appropriate school authorities, before the child
may reenter school, certification from a health professional as
defined by Section 2601 of Title 63 of the Oklahoma Statutes or an
authorized representative of the State Department of Health that the
child is no longer afflicted with head lice.
C. School districts and county or city-county health departments
may enter into agreements under the Interlocal Cooperation Act for
the purpose of providing assistance to the school district by
inspecting children who are returning to school after an absence due
to head lice to ensure that the child is no longer afflicted with
head lice.
D. If a school district and county or city-county health
department has entered into an agreement as authorized in subsection
C of this section, upon written authorization of the parent or
guardian of a child, the county or city-county health department may
provide treatment to the child for head lice.
*+,-11'121#+,, .;""
Added by Laws 1970, c. 225, § 4, emerg. eff. April 15, 1970. Amended
by Laws 1984, c. 192, § 1, emerg. eff. May 14, 1984; Laws 1996, c.
43, § 1, eff. Nov. 1, 1996.
§70-1210.195. Dissemination of meningococcal meningitis information.
A. At the beginning of each school year, when the board of
education of a school district provides information on immunizations,
infectious disease, medications, or other school health issues to
parents and guardians of students in grades six through twelve, the
board shall include information about meningococcal meningitis. The
information shall include at least the causes and symptoms of
meningococcal meningitis, how it is spread, sources for additional
information about meningococcal meningitis, and the availability,
effectiveness, and risks of vaccination against the disease.
B. The State Department of Education, in cooperation with the
State Department of Health, shall develop and make available to
school districts information that meets the requirements of
subsection A of this section. The State Department of Education
shall develop and make the information available in the most cost-
effective and programmatically effective manner available as
determined by the Department, which shall at a minimum include
posting the information on the Department’s website.
Added by Laws 2006, c. 142, § 1, eff. Nov. 1, 2006.
§70-1210.196.1. Short title.
Sections 3 through 9 of this act shall be known and may be cited
as the “Diabetes Management in Schools Act”.
Added by Laws 2007, c. 164, § 2, eff. July 1, 2007.
§70-1210.196.2. Definitions.
As used in the Diabetes Management in Schools Act:
1. “Diabetes medical management plan” means a document developed
by the personal health care team of a student that sets out the
health services that may be needed by the student at school and is
signed by the personal health care team and the parent or guardian of
the student;
2. “School” means a public elementary or secondary school. The
term shall not include a charter school established pursuant to
Section 3-132 of Title 70 of the Oklahoma Statutes;
3. “School nurse” means a certified school nurse as defined in
Section 1-116 of Title 70 of the Oklahoma Statutes, a registered
nurse contracting with the school to provide school health services,
or a public health nurse; and
4. “Volunteer diabetes care assistant” means a school employee
who has volunteered to be a diabetes care assistant and who has
successfully completed the training required by Section 6 of this
act.
*+,-11'121#+,, .;"
Added by Laws 2007, c. 164, § 3, eff. July 1, 2007.
§70-1210.196.3. Diabetes medical management plan.
A diabetes medical management plan shall be developed for each
student with diabetes who will seek care for diabetes while at school
or while participating in a school activity. The plan shall be
developed by the personal health care team of each student. The
personal health care team shall consist of the principal or designee
of the principal, the school nurse, if a school nurse is assigned to
the school, the parent or guardian of the student, and to the extent
practicable, the physician responsible for the diabetes treatment of
the student.
Added by Laws 2007, c. 164, § 4, eff. July 1, 2007.
§70-1210.196.4. School nurse to administer management plan -
Volunteer diabetes care assistant - Refusal to serve as assistant.
A. The school nurse at each school in which a student with
diabetes is enrolled shall assist the student with the management of
their diabetes care as provided for in the diabetes medical
management plan for the student.
B. If a school does not have a school nurse assigned to the
school, the principal shall make an effort to seek school employees
who may or may not be health care professionals to serve as volunteer
diabetes care assistants to assist the student with the management of
their diabetes care as provided for in the diabetes medical
management plan for the student.
C. Each school in which a student with diabetes is enrolled
shall make an effort to ensure that a school nurse or a volunteer
diabetes care assistant is available at the school to assist the
diabetic student when needed.
D. A school employee shall not be subject to any penalty or
disciplinary action for refusing to serve as a volunteer diabetes
care assistant.
E. A school district shall not restrict the assignment of a
student with diabetes to a particular school site based on the
presence of a school nurse, contract school employee, or a volunteer
diabetes care assistant.
F. Each school nurse and volunteer diabetes care assistant shall
at all times have access to a physician.
Added by Laws 2007, c. 164, § 5, eff. July 1, 2007.
§70-1210.196.5. Volunteer diabetes care assistants training.
A. The State Department of Health shall develop guidelines, with
the assistance of the following entities, for the training of
volunteer diabetes care assistants:
1. Oklahoma School Nurses Association;
2. The American Diabetes Association;
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3. The Juvenile Diabetes Research Foundation International;
4. The Oklahoma Nurses Association;
5. The State Department of Education;
6. Oklahoma Board of Nursing;
7. Oklahoma Dietetic Association; and
8. Cooperative Council of School Administrators.
B. A school nurse or State Department of Health designee with
training in diabetes shall coordinate the training of volunteer
diabetes care assistants.
C. The training shall include instruction in:
1. Recognizing the symptoms of hypoglycemia and hyperglycemia;
2. Understanding the proper action to take if the blood glucose
levels of a student with diabetes are outside the target ranges
indicated by the diabetes medical management plan for the student;
3. Understanding the details of the diabetes medical management
plan of each student assigned to a volunteer diabetes care assistant;
4. Performing finger sticks to check blood glucose levels,
checking urine ketone levels, and recording the results of those
checks;
5. Properly administering insulin and glucagon and recording the
results of the administration;
6. Recognizing complications that require seeking emergency
assistance; and
7. Understanding the recommended schedules and food intake for
meals and snacks for a student with diabetes, the effect of physical
activity on blood glucose levels, and the proper actions to be taken
if the schedule of a student is disrupted.
D. The volunteer diabetes care assistant shall annually
demonstrate competency in the training required by subsection C of
this section.
E. The school nurse, the principal, or a designee of the
principal shall maintain a copy of the training guidelines and any
records associated with the training.
Added by Laws 2007, c. 164, § 6, eff. July 1, 2007.
§70-1210.196.6. Student information sheet - Privacy policies.
A. Each school district shall provide, with the permission of
the parent, to each school employee who is responsible for providing
transportation for a student with diabetes or supervising a student
with diabetes an information sheet that:
1. Identifies the student who has diabetes;
2. Identifies potential emergencies that may occur as a result
of the diabetes of the student and the appropriate responses to
emergencies; and
3. Provides the telephone number of a contact person in case of
an emergency involving the student with diabetes.
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B. The school employee provided information as set forth in this
section shall be informed of all health privacy policies.
Added by Laws 2007, c. 164, § 7, eff. July 1, 2007.
§70-1210.196.7. Student management of diabetes at school -
Designated private area.
A. In accordance with the diabetes medical management plan of a
student, a school shall permit the student to attend to the
management and care of the diabetes of the student, which may
include:
1. Performing blood glucose level checks;
2. Administering insulin through the insulin delivery system
used by the student;
3. Treating hypoglycemia and hyperglycemia;
4. Possessing on the person of the student at any time any
supplies or equipment necessary to monitor and care for the diabetes
of the student; and
5. Otherwise attending to the management and care of the
diabetes of the student in the classroom, in any area of the school
or school grounds, or at any school-related activity.
B. Each school shall provide a private area where the student
may attend to the management and care of the student’s diabetes.
Added by Laws 2007, c. 164, § 8, eff. July 1, 2007.
§70-1210.196.8. Employee immunity from liability - Nurse not
responsible for acts of volunteer diabetes care assistant.
A. A school employee may not be subject to any disciplinary
proceeding resulting from an action taken in compliance with the
Diabetes Management in Schools Act. Any employee acting in
accordance with the provisions of the act shall be immune from civil
liability unless the actions of the employee rise to a level of
reckless or intentional misconduct.
B. A school nurse shall not be responsible for and shall not be
subject to disciplinary action for actions performed by a volunteer
diabetes care assistant.
Added by Laws 2007, c. 164, § 9, eff. July 1, 2007.
§70-1210.199. Short title - Dustin Rhodes and Lindsay Steed CPR
Training Act.
A. This act shall be known and may be cited as the "Dustin
Rhodes and Lindsay Steed CPR Training Act".
B. Beginning with the 2015-2016 school year, all students
enrolled in the public schools of this state shall receive
instruction in cardiopulmonary resuscitation and awareness of the
purpose of an automated external defibrillator, in accordance with
subsection C of this section, at least once between ninth grade and
graduation from high school. The instruction may be provided as a
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part of any course. A school administrator may waive the curriculum
requirement required by this subsection for an eligible student who
has a disability. A student shall not be required to meet the
requirement of this subsection if a parent or guardian of the student
objects in writing. All students enrolled in a virtual charter
school in grades nine through twelve shall not be subject to the
requirements of this section. All students enrolled in physical
education classes in grades nine through twelve may receive
instruction in the techniques of the Heimlich maneuver.
C. The State Board of Education shall establish a procedure for
monitoring the requirements set forth in subsection B of this
section. Instruction in cardiopulmonary resuscitation shall
incorporate psychomotor skills training and shall be based upon an
instructional program which is nationally recognized and is based
upon the most current national evidence-based Emergency
Cardiovascular Care guidelines for cardiopulmonary resuscitation and
the use of an automated external defibrillator.
D. Each public school district board of education shall ensure
that a minimum of one certified teacher and one noncertified staff
member at each school site receives training in cardiopulmonary
resuscitation and the Heimlich maneuver each year.
E. School districts may use state funds allocated to the school
district for professional development to pay for or to reimburse
teachers and support personnel for training in the administration of
first aid and techniques of cardiopulmonary resuscitation and the
Heimlich maneuver.
F. Nothing in this section shall be construed to impose
liability on any school district or school district employee for
injury or death of any student, teacher, or other person resulting
from any cardiopulmonary or choking incident or to absolve any school
district or school employee of liability that might otherwise exist
under The Governmental Tort Claims Act.
G. For purposes of this section, "psychomotor skills" means the
use of hands-on practice to support cognitive learning.
H. A school district may use emergency medical technicians,
paramedics, police officers, firefighters, teachers, other school
employees or other similarly qualified individuals or organizations
to provide the instruction prescribed by this section. Two or more
school districts may enter into an interlocal or multidistrict
cooperative agreement for the purpose of jointly and comparatively
fulfilling the requirements of this section. Instruction provided
pursuant to this section is not required to result in certification
in cardiopulmonary resuscitation. If instruction is intended to
result in certification in cardiopulmonary resuscitation, the course
instructor shall be authorized by an instructional program which is
nationally recognized and is based upon the most current national
evidence-based Emergency Cardiovascular Care guidelines for
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cardiopulmonary resuscitation and the use of an automated external
defibrillator or a similar nationally recognized association to
provide the instruction.
Added by Laws 1978, c. 210, § 1, eff. Oct. 1, 1978. Amended by Laws
1982, c. 326, § 7; Laws 1999, c. 398, § 2, eff. July 1, 1999; Laws
2005, c. 422, § 1, eff. July 1, 2005; Laws 2014, c. 302, § 1, eff.
Nov. 1, 2014.
§70-1210.200. Short title - Availability of automated external
defibrillators in schools.
A. This act shall be known and may be cited as the “Zachary
Eckles and Luke Davis Automated External Defibrillators in Schools
Act.”
B. Contingent upon the availability of federal funding or
donations from private organizations or persons made for this
purpose, each school district shall make automated external
defibrillators, as defined in Section 5A of Title 76 of the Oklahoma
Statutes, available at each school site in the district. The school
district may also make automated external defibrillators available at
each high school athletic practice or competition in the district.
C. Any school district that makes automated external
defibrillators available in schools or on school district property
shall be immune from civil liability for personal injury which
results from the use of the device, except for acts of gross
negligence or willfull wanton misconduct in accordance with Section
5A of Title 76 of the Oklahoma Statutes.
D. The State Department of Education shall develop and make
available to school districts a list of private organizations or
persons willing to make donations or that have resources available to
schools for this purpose, federal programs or grants, and any other
source of funding that school districts may use to purchase automated
external defibrillators. The Department shall also provide public
recognition for private organizations or persons that provide funding
to school districts for the purpose of purchasing automated external
defibrillators.
Added by Laws 2008, c. 30, § 1, eff. July 1, 2008.
§70-1210.201. Segregation in public schools prohibited.
Segregation of children in the public schools of the State of
Oklahoma on account of race, creed, color or national origin is
prohibited.
Laws 1970, c. 229, § 1, emerg. eff. April 15, 1970.
§70-1210.202. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §123,
emerg. eff. April 25, 1990.
§70-1210.203. Assigning nearest residence.
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Insofar as practicable, each pupil shall be assigned to the
school nearest his residence.
Laws 1970, c. 229, § 3, emerg. eff. April 15, 1970.
§70-1210.211. Short title - 24/7 Tobacco-free Schools Act.
Sections 2 and 3 of this act shall be known and may be cited as
the "24/7 Tobacco-free Schools Act".
Added by Laws 2015, c. 259, § 1.
§70-1210.212. Definitions.
As used in the 24/7 Tobacco-free Schools Act:
1. "Chewing tobacco" means any Cavendish, twist, plug, scrap,
and any other kinds and forms of tobacco suitable for chewing;
2. "Educational facility" shall mean any property, building,
permanent structure, facility, auditorium, stadium, arena or
recreational facility owned, leased or under the control of a public
school district or private school located in the state. For purposes
of this act, a public school district shall not include a technology
center school district;
3. "School vehicle" means any transportation equipment or
auxiliary transportation equipment as defined in Section 9-104 of
Title 70 of the Oklahoma Statutes;
4. "Smoking tobacco" shall mean any granulated, plug cut, crimp
cut, ready rubbed, and any other kinds and forms of tobacco suitable
for smoking in a pipe or cigarette;
5. "Tobacco product" shall mean any bidis, cigars, cheroots,
stogies, smoking tobacco and chewing tobacco, however prepared.
Tobacco products shall include any other articles or products made of
tobacco or any substitute thereof; and
6. "Vapor product" shall mean noncombustible products, that may
or may not contain nicotine, that employ a mechanical heating
element, battery, electronic circuit or other mechanism, regardless
of shape or size, that can be used to produce a vapor in a solution
or other form. "Vapor products" shall include any vapor cartridge or
other container with or without nicotine or other form that is
intended to be used with an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or similar product or device
and any vapor cartridge or other container of a solution, that may or
may not contain nicotine, that is intended to be used with or in an
electronic cigarette, electronic cigar, electronic cigarillo or
electronic device. "Vapor products" do not include any products
regulated by the United States Food and Drug Administration under
Chapter V of the Food, Drug and Cosmetic Act.
Added by Laws 2015, c. 259, § 2. Amended by Laws 2019, c. 49, § 1,
eff. July 1, 2019.
§70-1210.213. Prohibited uses.
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A. The use of a tobacco product or vapor product shall be
prohibited in or on an educational facility that offers an early
childhood education program or in which children in grades
kindergarten through twelve are educated. The use of a tobacco
product or vapor product shall also be prohibited in school vehicles,
and at any school-sponsored or school-sanctioned event or activity.
B. Nothing in this section shall be construed to prohibit a
public school district or private school from having more restrictive
policies regarding tobacco products and vapor products in or on an
educational facility, in school vehicles and at any school-sponsored
or school-sanctioned event or activity.
Added by Laws 2015, c. 259, § 3. Amended by Laws 2019, c. 49, § 2,
eff. July 1, 2019.
§70-1210.221. Citation.
This act shall be known and may be cited as the "Drug Abuse
Education Act of 1972."
Added by Laws 1972, c. 212, § 1, emerg. eff. April 6, 1972.
§70-1210.222. "Drug" defined.
As used in this act, the term "drug" means articles recognized in
the official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National Formulary,
or any supplement to any of them; articles intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
man or other animals; articles, other than food, intended to affect
the structure or any function of the body of man or other animals;
and articles intended for use as a component of any article specified
in this paragraph; but does not include devices or their components,
parts or accessories. It shall also include alcoholic and
intoxicating liquor and beverages and tobacco.
Added by Laws 1972, c. 212, § 2, emerg. eff. April 6, 1972.
§70-1210.223. Purpose of act.
The purpose of this act is to authorize the development of a
comprehensive drug abuse education program for children and youth in
kindergarten and grades one through twelve in the public school
districts of this state which choose to participate. It is the
legislative intent that this program may teach the adverse and
dangerous effects of drugs on the human mind and body and may include
proper usage of prescription and nonprescription medicines.
Amended by Laws 1982, c. 326, § 8.
§70-1210.224. Administration of act.
The Department of Education may administer the comprehensive Drug
Abuse Education Act of 1972, pursuant to regulations which the State
Board of Education is hereby empowered to promulgate. In
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administering this section, the Department shall take into
consideration the advice of the Director of the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control and the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control Commission.
Added by Laws 1972, c. 212, § 4, emerg. eff. April 6, 1972. Amended
by Laws 1982, c. 326, § 9; Laws 2009, c. 442, § 17, eff. July 1,
2009.
§70-1210.225. Implementation.
In administering this act, the State Board of Education and the
State Department of Education shall be governed by the following:
1. Implement in-service education programs for teachers,
administrators and other personnel. Special emphasis shall be placed
on methods and materials necessary for the effective teaching of drug
abuse education. In-service teacher education materials which are
based on individual performance and designed for use with a minimum
of supervision shall be developed and made available to all school
districts which are participating in this program;
2. Implement provisions of this act in the most expeditious
manner possible, commensurate with the availability of textbooks and
materials, as well as the availability of teaching personnel; and
3. Recommend degree programs and short course seminars for the
preparation of drug education teaching personnel.
Amended by Laws 1982, c. 326, § 10.
§70-1210.226. Repealed by Laws 1982, c. 326, § 14.
§70-1210.227. Funds.
In implementing this act every effort shall be made to combine
funds appropriated for this purpose with funds available from all
other sources, federal, state, local or private, in order to achieve
maximum benefits for improving drug abuse education.
Added by Laws 1972, c. 212, § 7, emerg. eff. April 6, 1972.
§70-1210.228. Reports.
The State Department of Education shall, at least thirty (30)
days prior to the 1973 regular session of the Legislature and each
regular session thereafter, transmit to the members of the State
Board of Education, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives and the Chairmen of the
Senate and House Education Committees, a report as to the status of
the drug abuse education program together with any recommendations
for further improvement, modification or additional legislation.
Added by Laws 1972, c. 212, § 8, emerg. eff. April 6, 1972.
§70-1210.229-1. Short title.
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Sections 1210.229-1 through 1210.229-5 of this title shall be
known and may be cited as the "Oklahoma Alcohol and Drug Abuse
Prevention and Life Skills Education Act".
Added by Laws 1987, c. 116, § 1, emerg. eff. May 26, 1987; Laws 1991,
c. 121, § 6, emerg. eff. April 29, 1991.
§70-1210.229-2. Legislative findings and intent.
The Legislature finds that for the purpose of preventing drug and
alcohol abuse among our young people, and for preventing or
alleviating problems which lead to and are closely associated with
drug and alcohol abuse, it is desirable that all Oklahoma school
districts develop and implement a curriculum for drug and alcohol
abuse prevention for all grade levels. Such curriculum may include
training in life skills, such as problem-solving, responsibility,
communication and decision-making skills, which enable young people
to successfully resist social and other pressures to engage in
activities which are destructive to their health and future. The
Legislature encourages all school districts to adopt as a goal for
the year 1990 the full implementation of drug and alcohol abuse
prevention programs in their schools. In order to expand and enhance
the ability of school districts to implement drug and alcohol
prevention programs, it is the intent of the Legislature that local
school districts participate in the federal Drug-Free Schools and
Communities Act of 1986, 20 A.S.C., Section 4601 et seq. and the
provisions of Public Law No. 101-647, Drug-Free School Zones.
In order to derive maximum benefit from their drug and alcohol
prevention programs, it is further the intent of the Legislature that
the school districts coordinate their efforts and activities with the
Oklahoma Drug and Alcohol Abuse Policy Board, and with appropriate
state and local drug and alcohol abuse, health and law enforcement
agencies and programs within the community which provide drug
education, prevention, treatment and rehabilitation.
It is further the intent of the Legislature to encourage school
districts to establish programs concerning the danger and criminal
consequences of the possession and/or use of firearms or other
dangerous or deadly weapons in school zones.
Added by Laws 1987, c. 116, § 2, emerg. eff. May 26, 1987. Amended
by Laws 1991, c. 121, § 7, emerg. eff. April 29, 1991; Laws 1992, c.
170, § 4, emerg. eff. May 5, 1992.
§70-1210.229-3. Definitions.
For purposes of the Oklahoma Alcohol and Drug Abuse Prevention
and Life Skills Education Act, Section 1210.229-1 et seq. of this
title:
1. "Alcohol" means any low-point beer as defined in Section
163.2 of Title 37 of the Oklahoma Statutes or alcoholic beverage as
defined in Section 506 of Title 37 of the Oklahoma Statutes;
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2. "Board" means the State Board of Education;
3. "Department" means the State Department of Education;
4. "Drug" means a controlled dangerous substance as defined in
the Uniform Controlled Dangerous Substances Act, Section 2-101 et
seq. of Title 63 of the Oklahoma Statutes; and
5. "Life skills" includes but is not limited to fostering skills
in responsibility, decision making, communication, self-confidence
and goal setting. Life skills shall not include values clarification
or sex education.
Added by Laws 1987, c. 116, § 3, emerg. eff. May 26, 1987. Amended
by Laws 1991, c. 121, § 8, emerg. eff. April 29, 1991; Laws 1995, c.
274, § 56, eff. Nov. 1, 1995.
§70-1210.229-4. Repealed by Laws 1991, c. 121, § 10, emerg. eff.
April 29, 1991.
§70-1210.229-5. State Superintendent of Public Instruction and State
Department of Education - Coordination with Oklahoma Drug and Alcohol
Abuse Policy Board - Joint duties.
A. The State Superintendent of Public Instruction and State
Department of Education in conjunction with the Oklahoma Drug and
Alcohol Abuse Policy Board shall:
1. establish objective criteria, guidelines and a comprehensive
integrated curriculum for substance abuse programs and the teaching
of life skills in local schools and school districts;
2. establish and review annually model policies for alcohol and
drug abuse issues, including but not limited to policies regarding
disciplinary actions and referral for services;
3. develop and implement strategies which encourage all schools
to employ guidance counselors trained in substance abuse prevention
and life skills and to develop and begin implementing quality
substance abuse and life skills education programs; and
4. develop guidelines and criteria to encourage teachers and
administrators to receive in-service training on alcohol and drug
abuse. The training or workshops should be included in the staff
development point system.
B. The State Department of Education shall distribute
information or reports provided by the Oklahoma Drug and Alcohol
Abuse Policy Board, to each school district and, upon request, to
members of the public. Upon request of the chief administrator of a
school or school district, the Department shall provide technical
assistance to schools and school districts to implement policies and
programs pursuant to guidelines provided by the Oklahoma Drug and
Alcohol Abuse Policy Board and shall provide a clearinghouse program
accessible by school districts to provide information about life
skills and drug and alcohol abuse prevention curricula and programs.
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C. Final determination of materials to be used, means of
implementation of the curriculum, and ages and times at which
students receive instruction about said life skills and drug and
alcohol abuse prevention shall be made by the local school board.
The local school district, at least one (1) month prior to giving
such instruction to students, shall conduct for parents and guardians
of students involved, during weekend or evening hours, at least one
presentation concerning the plans for instruction and the materials
to be used. No student shall be required to receive instruction
about said life skills and drug and alcohol abuse prevention if a
parent or guardian of the student objects in writing.
Added by Laws 1987, c. 116, § 5, emerg. eff. May 26, 1987; Laws 1991,
c. 121, § 9, emerg. eff. April 29, 1991.
§70-1210.229-6. Program of character education.
A. The board of education of every school district in this state
may develop and implement a comprehensive program for character
education in any single grade or combination of grades,
prekindergarten through twelfth. The character education program
shall focus on development of character traits in students. The
program of character education may include, but shall not be limited
to, the voluntary reciting of the Pledge of Allegiance to the flag of
the United States of America.
B. The State Department of Education shall develop and make
available to all school districts through an Internet website, the
following:
1. Technical assistance upon request of a school district;
2. A list of approved research-based character education
programs, curricula, and materials which may be used by school
districts;
3. A character education honor roll that will recognize school
districts that have successfully implemented a comprehensive school-
district-wide program of character education and will highlight the
positive impacts the program has had on each school or school
district; and
4. A character education reading list of books that may include,
but is not limited to, books that illustrate models of good character
and books that relate to the development of good character traits
that may be used by schools in a character education program.
C. Subject to the availability of funding, the State Board of
Education may award grants to ten school districts for the
establishment of pilot projects which align character education with
the state curriculum in reading, mathematics, science or social
studies and demonstrate how character education teaches life skills
that lead to career readiness. The amount of each grant shall be One
Thousand Dollars ($1,000.00). The projects shall be innovative
programs that will serve as models for other school districts.
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Funding may cover the cost of purchasing curriculum, materials, or
training teachers. The Board shall determine pilot project criteria
and establish a process for the consideration of proposals. The
proposals for pilot projects shall be considered on a statewide
competitive basis. The Board shall promulgate rules for the
operation of the projects.
Added by Laws 1999, c. 113, § 1, eff. July 1, 1999. Amended by Laws
2005, c. 300, § 1, eff. July 1, 2005; Laws 2013, c. 163, § 1, eff.
July 1, 2013.
§70-1210.229-7. Patriotic societies - Opportunity to speak and
recruit at public schools.
A. As used in this section, "patriotic society" means any youth
group listed in Title 36 of the United States Code.
B. Beginning with the 2017-2018 school year, the principal of
each public school in the state shall allow representatives of a
patriotic society the opportunity to speak with and recruit students
to participate in their organizations during school hours to inform
the students of how the patriotic society may further the students'
educational interests and civic involvement to better their schools,
communities and themselves.
C. The patriotic society shall provide verbal or written notice
to the principal of its intent to speak to the students. The
principal shall provide verbal or written approval of the specific
day and time for the society to address the students.
Added by Laws 2017, c. 176, § 3.
§70-1210.231. Student visits to correctional institutions - Purpose.
A. It is the intent of the Legislature that children residing in
this state understand the seriousness of conviction for criminal
behavior and the resulting punishment. The purpose of visits to
correctional institutions provided for herein shall be to demonstrate
to pupils the harmful effects of incarceration on the life of an
inmate.
B. Public school districts may provide for at least one visit
per school year for pupils in the eighth grade or a higher grade to a
state correctional institution. Transportation shall be provided
pursuant to Section 9-108 of Title 70 of the Oklahoma Statutes. The
State Department of Education shall promulgate rules to implement the
provisions of this section.
Added by Laws 1994, c. 290, § 71, eff. July 1, 1994.
§70-1210.232. Provision of safe conduct tours of correctional
institutions.
The Department of Corrections shall provide for the safe conduct
of tours of state correctional institutions that are organized
pursuant to Section 71 of this act. The Department may prohibit,
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delay or cancel tours if it finds that a security risk exists at the
scheduled institution.
Added by Laws 1994, c. 290, § 72, eff. July 1, 1994.
§70-1210.241. Evidence-based counseling.
A. The Legislature recognizes that many students are dealing
with family and societal issues that make it difficult or impossible
for them to be successful students. Among other school-based
counseling programs, designated youth services agencies provide
counseling for those students. To assure the quality and
availability of the counseling services, the Legislature finds that
it is desirable that school districts have access to individual and
group counseling using an evidence-based counseling curriculum to
prevent self-defeating, destructive or disruptive behavior. The
curriculum may include training in problem solving, anger management,
grief counseling, responsibility, communication and decision-making
skills.
B. In order to assure the ability of school districts to give
their students the best opportunity for academic and personal
success, subject to the availability of funds, the Office of Juvenile
Affairs, together with the Oklahoma Association of Youth Services,
shall identify an evidence-based counseling curriculum. Subject to
the availability of funds, the Office of Juvenile Affairs, through
designated youth services agencies, shall make the identified
evidence-based counseling available to students in school districts.
C. For purposes of this section, “evidence-based” means a
program or practice that has had multiple-site randomized controlled
trials across heterogeneous populations demonstrating that the
program or practice is effective for the population.
Added by Laws 2012, c. 239, § 1.
§70-1210.242. Authority to administer opiate antagonists.
A. Any school nurse, public health nurse, licensed practitioner
of the healing arts, nurse working under contract with a school
district or any person designated by the school administration to
administer an opiate antagonist in the event of a suspected overdose
is authorized to administer an opiate antagonist when encountering a
student or other individual exhibiting signs of an opiate overdose.
B. The administration of a public school may authorize one or
more persons employed by the school to receive training offered by
the Department of Mental Health and Substance Abuse Services, a law
enforcement agency or any other entity in recognizing the signs of an
opiate overdose and administering an opiate antagonist. Persons
designated to receive this training may include, but are not limited
to, the certified and noncertified staff members required to receive
annual training in cardiopulmonary resuscitation and the Heimlich
maneuver under Section 1210.199 of Title 70 of the Oklahoma Statutes.
*+,-11'121#+,, .;$
If in-person training is not readily available in the area, the
person or persons designated under this provision may access opiate
antagonist training materials available online through the State
Department of Health or another entity. Such training shall include
information on how to spot symptoms of an overdose, instruction in
basic resuscitation techniques, instruction on proper administration
of an opiate antagonist and the importance of calling 911 for help.
C. In the absence of the person or persons specifically
designated and trained to administer an opiate antagonist under the
provisions of this section, the administration of a school may
authorize any person to administer an opiate antagonist to a student
or other individual exhibiting signs of an overdose.
D. Any person administering an opiate antagonist to a student or
other individual at a school site or school-sponsored event in a
manner consistent with addressing opiate overdose shall be covered
under the Good Samaritan Act. A school and any of its employees or
designees shall be immune from civil liability in relation to the
administration of an opiate antagonist in the event of a suspected
overdose.
Added by Laws 2019, c. 504, § 2, eff. July 1, 2019.
§70-1210.251. Short title.
This act shall be known and may be cited as the "Economic
Education Act of 1974."
Added by Laws 1974, c. 89, § 1, emerg. eff. April 24, 1974.
§70-1210.252. Economic education.
As used in this act, the term "economic education" means
citizenship competencies needed by the individual for effectively
performing his decision-making roles as a consumer, a worker making
career choices and a voter on personal and societal economic issues.
Added by Laws 1974, c. 89, § 2, emerg. eff. April 24, 1974.
§70-1210.253. Purpose of act.
The purpose of this act is to authorize the development of a
comprehensive economic education program for children in kindergarten
and grades one through twelve in the public school districts of this
state which choose to participate. It is the legislative intent that
this program may teach a positive understanding of the American
economy, how it functions and how the individual can function
effectively within our economy as a consumer, worker and voter.
While dealing with economic problems and issues, the program may
teach the positive values of profit and competition in a basically
free-enterprise economy which underscores the worth and dignity of
the individual.
Amended by Laws 1982, c. 326, § 11.
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§70-1210.254. Administraction of act.
The State Department of Education may administer the
comprehensive Economic Education Act of 1974 pursuant to regulations
which the State Board of Education is hereby empowered to promulgate.
Support shall be provided by the state senior colleges and
universities in the preservice preparation of teachers to carry out
the provisions of this act. These institutions of higher education
are also encouraged to establish formal Economic Education Centers to
assist the common schools with curriculum planning, in-service
training and further work in the development of instructional
materials. In administering this section, the Department shall take
into consideration the advice of the Oklahoma Council on Economic
Education.
Amended by Laws 1982, c. 326, § 12.
§70-1210.255. Implementation.
In administering this act, the State Board of Education and the
State Department of Education shall be governed by the following:
1. Implement in-service education programs for teachers,
administrators and other personnel. General guidelines are provided
by the Economic Education Curriculum Guide - K-12, published by the
Oklahoma State Department of Education in 1972. Supplementary in-
service teacher education materials which are based on individual
performance and designed for use with a minimum of supervision shall
be developed and made available to all school districts which are
participating in this program;
2. Implement provisions of this act in the most expeditious
manner possible, commensurate with the availability of teaching
personnel;
3. Implement local school system evaluation of the effectiveness
of the economic education program prescribed by this act in those
school districts participating; and
4. Recommend degree programs and short course seminars for the
preparation of economic education teaching personnel.
Amended by Laws 1982, c. 326, § 13.
§70-1210.256. Repealed by Laws 1982, c. 326, § 14.
§70-1210.257. Funds.
In implementing this act every effort shall be made to combine
funds appropriated for this purpose with funds available from all
other sources, federal, state, local or private, in order to achieve
maximum benefits for improving economic education.
Added by Laws 1974, c. 89, § 7, emerg. eff. April 24, 1974.
§70-1210.258. Reports.
*+,-11'121#+,, .;
The State Department of Education shall, at least thirty (30)
days prior to the 1975 regular session of the Legislature and each
regular session thereafter, transmit to the members of the State
Board of Education, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives and the Chairmen of the
Senate and House Education Committees, a report as to the status of
the economic education program together with any recommendations for
further improvement, modification or additional legislation.
Added by Laws 1974, c. 89, § 8, emerg. eff. April 24, 1974.
§70-1210.271. Short title.
Sections 20 through 31 of this act shall be known and may be
cited as the Regional Education Service Center Act.
Added by Laws 1974, c. 271, § 1, emerg. eff. May 29, 1974. Amended
by Laws 1993, c. 116, § 20, eff. July 1, 1993.
§70-1210.272. Purpose.
The purposes of the Regional Education Service Center Act are:
1. To expand the services of the Regional Education Service
Centers, personnel, and certain selected material to ensure that
students with learning difficulty or exceptional capability which
shall include any gifted child will receive proper screening,
diagnosis, and evaluation or consultation in order to benefit from an
appropriate public education;
2. To provide an educational screening program for students in
every school district in the state and services to assist in the
identification, location and evaluation of children with disabilities
who are in need of special education and related services in
accordance with the IDEA; and
3. To provide Regional Education Service Centers to assist and
coordinate with local educational agencies for educational evaluation
and in meeting their obligations for child identification in
accordance with federal requirements under the IDEA.
It is not the intent of the Regional Education Service Center Act
to supplant present or future special education appropriations or to
reduce the number of present or proposed special education classes.
It is intended by the Regional Education Service Center Act that
the State of Oklahoma meet its responsibility to ensure that every
student in the public schools throughout the state has the
opportunity to receive an appropriate education for the benefit of
his future life in society.
It is further intended by the Regional Education Service Center
Act that guidelines shall be promulgated to permit curriculum
materials to be utilized by the student's teacher for such period of
time as is necessary to assist said student during the school year.
Added by Laws 1974, c. 271, § 2, emerg. eff. May 29, 1974. Amended
by Laws 1976, c. 147, § 1, emerg. eff. May 26, 1976; Laws 1987, c.
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44, § 1, emerg. eff. April 23, 1987; Laws 1993, c. 116, § 21, eff.
July 1, 1993.
§70-1210.273. Definitions.
As used in the Regional Education Service Center Act, except as
the context may otherwise require:
1. "Regional education service centers" means educational,
administrative, service and evaluation centers, hereinafter referred
to as "centers" or "service centers";
2. "Department" means the State Department of Education;
3. "Board" means the Oklahoma State Board of Education;
4. "IDEA" means the Individuals with Disabilities Education Act
(IDEA), P.L. No. 101-476;
5. "Educational screening" means the implementation of accepted
procedures for identification of children who may have special
learning needs and may be eligible for special education and related
services in accordance with the IDEA;
6. "Evaluation" means procedures used in accordance with federal
laws and regulations to determine whether a child has a disability
and the nature and extent of the special education and related
services that the child needs. The term means procedures used
selectively with an individual child and does not include basic tests
administered to or procedures used with all children in a school,
grade, or class. Provided, however, that no child shall be initially
evaluated whose parent or legal guardian has not filed a written
consent for such evaluation with the local board of education; and
7. "Readiness screening" means the implementation of procedures
for assessing readiness for first grade as provided in Section
1210.282 of this title.
Added by Laws 1974, c. 271, § 4, emerg. eff. May 29, 1974. Amended
by Laws 1976, c. 147, § 2, emerg. eff. May 26, 1976; Laws 1993, c.
116, § 22, eff. July 1, 1993; Laws 1994, c. 220, § 4, eff. July 1,
1994.
§70-1210.274. Qualifications for personnel.
Qualifications for all personnel to be employed in the service
centers shall be determined by the State Board of Education and in
accordance with the IDEA.
Added by Laws 1974, c. 271, § 4, emerg. eff. May 29, 1974. Amended
by Laws 1976, c. 147, § 3, emerg. eff. May 26, 1976; Laws 1993, c.
116, § 23, eff. July 1, 1993.
§70-1210.275. Responsibilities of service centers.
There shall be at least twenty service centers which shall
provide the services described herein to all the school districts in
the state. Every service center shall offer the schools and school
districts which they serve professional assistance in the efforts
*+,-11'121#+,, .;!
which are aimed toward the improvement of instruction for students.
Each center shall provide the following services:
1. Evaluation services for the purposes of identification,
evaluation and placement of children in special education programs,
which shall be in accordance with the federal regulations promulgated
under the IDEA, and in accordance with the Family Education Rights
and Privacy Act;
2. Implementation of effective procedures, media, and equipment
for acquiring and disseminating significant information and materials
in accordance with the federal regulations promulgated under the
IDEA;
3. Individualized learning plans, which shall include
prescriptive teaching plans to teachers, for students who are having
learning problems; consultation for educators and parents working
with or having students with learning problems; providing special
education material for special education teachers; and providing
special education material on a prescriptive basis to the classroom
teacher who has students with learning problems and consultation
services and interpretation of evaluation data to assist parents and
multidisciplinary teams in making educational placement decisions and
planning for effective educational interventions in the least
restrictive environment;
4. Assistance for organizing staff development, including the
offering at each Center of conferences, institutes, and other in-
service training for educators working with students with special
needs; assistance in these programs for emphasizing the awareness,
utilization and adaptation of appropriate materials, learning theory,
research findings, and other appropriate topics, to assist in
implementation of federal regulations concerning the comprehensive
system of personnel development for educators and disseminating
information to parents; and
5. Coordination and collaboration with public agencies and local
school districts which are responsible for providing evaluation and
other special education or related services to children with
disabilities as provided under Section 1001 et seq. of Title 74,
Section 13-101 et seq. of Title 70 and Section 601.41 et seq. of
Title 10 of the Oklahoma Statutes, and in accordance with the federal
regulations for interagency agreements promulgated pursuant to the
IDEA. Such coordination shall include cooperative efforts of local
districts joining with the service center staff to engage in any
educational activities to increase the learning opportunities for
teachers and any and every student in the public schools in the
service center area.
Added by Laws 1974, c. 271, § 5, emerg. eff. May 29, 1974. Amended
by Laws 1976, c. 147, § 4, emerg. eff. May 26, 1976; Laws 1993, c.
116, § 24, eff. July 1, 1993.
*+,-11'121#+,, .;
§70-1210.276. Analysis of educational screening - Assistance and
training.
A. Each service center shall provide assistance and training in
analysis of educational screening to schools within the area which
the center serves. The service centers shall assist school districts
in initiating referrals for comprehensive evaluations for the purpose
of identifying children who may be eligible for special education and
related services.
B. Educational screening shall be conducted by the public
schools.
C. The service centers shall conduct evaluations upon referral.
D. Prior written notice and parental consent for evaluation
shall be in accordance with the provisions of the IDEA.
Added by Laws 1974, c. 271, § 6, emerg. eff. May 29, 1974. Amended
by Laws 1993, c. 116, § 25, eff. July 1, 1993.
§70-1210.277. Confidentiality - Parental consent to screening -
Records.
The results of individual student screening shall be
confidential, except that information and results shall on request be
made available to parents either visually or in written form and to
professional personnel involved in the education of the students, as
determined by the Board. Provided, however, students shall not be
subjected to individual evaluation without prior written parental
permission except for re-evaluations required pursuant to the IDEA.
In no case shall the results of any individual student screening or
evaluation by center personnel be made a part of the student's
permanent in-school records. Such individual student records shall
be destroyed when the information contained therein is no longer
necessary for carrying out the purposes of this act or when the
student reaches the age of eighteen (18), whichever is earlier.
Provided, however, on written request of a parent or legal guardian,
such information may be forwarded to a center serving a receiving
school district. Educational screening and evaluations shall be
maintained in accordance with the federal regulations for
confidentiality under the Family Educational Rights and Privacy Act
and the IDEA. The disclosure, transfer, maintenance, destruction,
amendment, parental or student rights to access, inspection and
review of such records and parental consent for disclosure and
transfer of such records shall be in accordance with these federal
laws and state law.
Added by Laws 1974, c. 271, § 7, emerg. eff. May 29, 1974. Amended
by Laws 1993, c. 116, § 26, eff. July 1, 1993.
§70-1210.278. Systems to provide educational screening.
*+,-11'121#+,, .;"
A. The board of education for each school district in the state
shall implement a system to provide educational screening as required
in this section.
B. The service centers are charged with the responsibility of
ensuring that educational screening is implemented in each public
school in the state for all first grade students in each school year.
The service centers shall provide assistance and training to school
districts for implementation of effective procedures for educational
screening and analysis of the results.
C. Second grade through twelfth grade students shall be
educationally screened as needed or upon request of a parent, legal
guardian, or teacher pursuant to regulations promulgated by the State
Board of Education.
D. Students entering the public school system from another state
or from within the state without previous educational screening shall
be educationally screened within six (6) months from the date of such
entry.
E. No child shall be educationally screened whose parent or
legal guardian has filed written objection with the local school
district.
Added by Laws 1974, c. 271, § 8, emerg. eff. May 29, 1974. Amended
by Laws 1987, c. 44, § 2, emerg. eff. April 23, 1987; Laws 1993, c.
116, § 27, eff. July 1, 1993.
§70-1210.279. Rules and regulations - Dissemination of educational
materials - Provision of training.
The State Board of Education is hereby authorized to promulgate
rules as may be necessary to carry out the provisions of this act.
The State Board of Education shall promulgate rules for the staffing
and operation of the service centers, including safeguards to assure
the uniform application and availability of all services of the
service centers to all students within the area served by the service
centers. The rules shall further provide for the withholding of
funds by the State Board of Education from any of the service centers
to assure compliance with the rules. The State Board of Education
shall promulgate uniform rules for the testing of students.
The State Board of Education, regional service center or local
school district shall furnish curriculum materials for local school
districts for use by the students participating in the programs. All
such materials shall be delivered to the local school district by the
service centers and shall remain in the local school district as long
as prescribed by the regional service center.
The regional education service centers shall acquire and
disseminate significant information, materials and equipment in
accordance with the IDEA.
The service centers shall provide and assist in coordinating for
the provision of workshops, short courses, and training within the
*+,-11'121#+,, .;
respective regions and in cooperation with local schools,
professional developments centers, organizations, public agencies,
and institutions of higher education in accordance with the
comprehensive system of personnel development requirements under the
IDEA.
The State Board of Education may establish and operate Service
Centers by contract with any independent school district in the
state.
Added by Laws 1974, c. 271, § 9, emerg. eff. May 29, 1974. Amended
by Laws 1976, c. 147, § 5, emerg. eff. May 26, 1976; Laws 1993, c.
116, § 28, eff. July 1, 1993.
§70-1210.280. Children eligible for services.
Preschool children, ages three (3) through five (5) years, and
students enrolled in K-12 in the public school system of Oklahoma who
are suspected of having disabilities which may require special
education and related services may utilize the services provided in
this act. The service centers and local school districts shall
coordinate with the program established pursuant to the Early
Intervention Act, Section 13-121 et seq. of this title, in the
evaluation and identification of infants and toddlers who may be
eligible at the age of three (3) years for special education and
related services through the schools.
Added by Laws 1974, c. 271, § 10, emerg. eff. May 29, 1974. Amended
by Laws 1993, c. 116, § 29, eff. July 1, 1993.
§70-1210.281. Provisions cumulative.
The provisions of this act shall be cumulative to existing laws
and shall not be construed to repeal, amend or otherwise modify any
of said laws.
Added by Laws 1974, c. 271, § 12, emerg. eff. May 29, 1974.
§70-1210.282. Readiness screening program - Development and
implementation.
A. The State Board of Education shall develop and implement a
readiness screening program to screen students enrolled in
kindergarten in the public schools of the state for readiness prior
to entry into first grade in a public school. Results of the
screening shall be made available to the child's parent or legal
guardian, teacher and school district administration.
B. The service centers shall provide assistance and training to
local schools to ensure effective procedures for readiness screening
prior to first grade. Current knowledge and research information
concerning screening procedures, readiness, and disabilities in early
childhood shall be disseminated by the service centers.
Added by Laws 1985, c. 329, § 11, emerg. eff. July 30, 1985. Amended
by Laws 1986, c. 259, § 26, operative July 1, 1986. Renumbered from
*+,-11'121#+,, .;
§ 1210.601 by Laws 1987, c. 44, § 3, emerg. eff. April 23, 1987.
Amended by Laws 1992, c. 262, § 6, emerg. eff. May 22, 1992; Laws
1993, c. 116, § 30, eff. July 1, 1993; Laws 1994, c. 220, § 5, eff.
July 1, 1994.
§70-1210.283. Screening and evaluation - Consent of parent or
guardian.
No child shall be educationally screened, screened for readiness,
or evaluated as defined in Section 22 of this act without prior
notice to the child's parent or legal guardian. The State Board of
Education shall promulgate rules establishing content and
distribution requirements of the notice.
Added by Laws 1993, c. 116, § 31, eff. July 1, 1993.
§70-1210.284. Vision screening certification - Comprehensive eye
examination - Notice.
A. 1. The parent or guardian of each student enrolled in
kindergarten at a public school in this state shall provide
certification to school personnel that the student passed a vision
screening within the previous twelve (12) months or during the school
year. Such screening shall be conducted by personnel listed on the
statewide registry as maintained by the State Department of Health.
2. The parent or guardian of each student enrolled in first or
third grade at a public school in this state shall provide within
thirty (30) days of the beginning of the school year certification to
school personnel that the student passed a vision screening within
the previous twelve (12) months. Such screening shall be conducted
by personnel listed on the statewide registry as maintained by the
State Department of Health.
3. The parent or guardian of each student who receives a vision
screening as required by this section shall receive notification that
a vision screening is not the equivalent of a comprehensive eye exam.
B. 1. The Infant and Children's Health Advisory Council created
in Section 44 of this act shall make recommendations to the State
Board of Health on:
a. standards for vision screening and referral,
b. qualifications for initial recognition and renewal of
recognition of vision screeners,
c. qualifications for initial recognition and renewal of
recognition of vision screener trainers,
d. qualifications for initial recognition and renewal of
recognition of trainers of vision screener trainers,
and
e. grounds for denial, refusal, suspension or revocation
of recognition of vision screeners, vision screener
trainers and trainers of vision screener trainers.
2. The Department shall:
*+,-11'121#+,, .;
a. establish and thereafter maintain a statewide registry,
available via the Internet, which shall contain a list
of approved vision screeners,
b. maintain a list of approved vision screener trainers
and trainers of vision screener trainers, and
c. maintain the standards for vision screening and
referral.
3. After notice and hearing, the Department may deny, refuse,
suspend or revoke approval to an applicant which has a history of:
a. noncompliance or incomplete or partial compliance with
the provisions of this section or the rules adopted by
the Board to implement the provisions of this section,
b. referring persons to a business in which the applicant
has a financial interest or a business which is owned
or operated by someone within the third degree of
consanguinity or affinity of the applicant, or
c. conduct which demonstrates that the applicant is
providing services in a manner which does not warrant
public trust.
4. The Board, giving consideration to the recommendations of the
Infant and Children's Health Advisory Council created in Section 44
of this act, shall promulgate rules to implement the provisions of
this section.
C. 1. The parent or guardian of each student who fails the
vision screening required in subsection A of this section shall
receive a recommendation to undergo a comprehensive eye examination
performed by an ophthalmologist or optometrist.
2. The ophthalmologist or optometrist shall forward a written
report of the results of the comprehensive eye examination to the
student's school, parent or guardian, and primary health care
provider designated by the parent or guardian. The report shall
include, but not be limited to:
a. date of report,
b. name, address and date of birth of the student,
c. name of the student's school,
d. type of examination,
e. a summary of significant findings, including diagnoses,
medication used, duration of action of medication,
treatment, prognosis, whether or not a return visit is
recommended and, if so when,
f. recommended educational adjustments for the child, if
any, which may include: preferential seating in the
classroom, eyeglasses for full-time use in school,
eyeglasses for part-time use in school, sight-saving
eyeglasses, and any other recommendations, and
g. name, address and signature of the examiner.
*+,-11'121#+,, .;$
D. No student shall be prohibited from attending school for a
parent's or guardian's failure to furnish a report of the student's
vision screening or an examiner's failure to furnish the results of a
student's comprehensive eye examination required by this section.
E. School districts shall notify parents or guardians of
students who enroll in kindergarten, first, or third grade for the
2007-08 school year and each year thereafter of the requirements of
this section.
F. The State Board of Education shall adopt rules for the
implementation of this section except as provided in subsection B of
this section. The State Department of Education shall issue a report
annually on the impact and effectiveness of this section.
Added by Laws 2006, c. 160, § 1, eff. Nov. 1, 2006. Amended by Laws
2009, c. 175, § 1, eff. Nov. 1, 2009; Laws 2010, c. 2, § 88, emerg.
eff. March 3, 2010; Laws 2013, c. 135, § 1, eff. Nov. 1, 2013; Laws
2013, c. 229, § 79, eff. Nov. 1, 2013.
NOTE: Laws 2009, c. 109, § 1 repealed by Laws 2010, c. 2, § 89,
emerg. eff. March 3, 2010.
§70-1210.285. Regional Education Administrative Districts.
A. The State Department of Education may establish Regional
Education Administrative Districts (READs) which may provide
administrative services to school districts throughout the state.
The Department shall provide information to school districts to
educate districts about the functions and services which may be
provided by READs. The information shall be disseminated to school
districts through regional education officers and in any other manner
deemed appropriate by the Department.
B. The administrative services provided by READs may include but
not be limited to treasurer services, accounting services, purchasing
services, warehouse and distribution services, human resources
services, construction management, maintenance, risk management,
information technology services, special education coordination,
curriculum coordination, speech pathologist services, reading
specialist services, transportation services, cafeteria services and
shared superintendent services. Any personnel operating under a READ
may be housed at a local technology center school site.
C. If the State Department of Education finds a currently
operating regional or interlocal cooperative providing services to
school districts, the Department may provide support to the
cooperative.
D. READs may receive financial support from participating school
districts from money appropriated for state aid purposes. The State
Board of Education may determine the range of fees due to READs for
basic costs of providing services, taking into consideration the
minimum amount necessary for operation of a READ, the number and size
of participating school districts and the geographic size of the READ
*+,-11'121#+,, .;(
service area. No fees shall be required of school districts pursuant
to this act that are greater than fees charged school districts
pursuant to similar programs.
E. 1. If two school districts enter into a mutual contract with
a superintendent pursuant to Section 5-106A of Title 70 of the
Oklahoma Statutes, both districts may receive a discounted fee, to be
determined by the State Board of Education, for participating in a
READ.
2. If three or more school districts enter into a mutual
contract with a superintendent pursuant to Section 5-106A of Title 70
of the Oklahoma Statutes, the districts may receive an appropriately
discounted fee, to be determined by the State Board of Education, for
participating in a READ.
F. Participation in READs shall be voluntary.
G. The State Board of Education shall promulgate rules to
implement the provisions of this section.
Added by Laws 2014, c. 403, § 1.
§70-1210.301. Definitions.
As used in this act:
1. "Gifted and talented children" means those children
identified at the preschool, elementary and secondary level as having
demonstrated potential abilities of high performance capability and
needing differentiated or accelerated education or services. For the
purpose of this definition, "demonstrated abilities of high
performance capability" means those identified students who score in
the top three percent (3%) on any national standardized test of
intellectual ability. Said definition may also include students who
excel in one or more of the following areas:
a. creative thinking ability,
b. leadership ability,
c. visual and performing arts ability, and
d. specific academic ability.
A school district shall identify children in capability areas by
means of a multicriteria evaluation. Provided, with first and second
grade level children, a local school district may utilize other
evaluation mechanisms such as, but not limited to, teacher referrals
in lieu of standardized testing measures;
2. "Gifted child educational programs" means those special
instructional programs, supportive services, unique educational
materials, learning settings and other educational services which
differentiate, supplement and support the regular educational program
in meeting the needs of the gifted and talented child;
3. "Department" means the State Department of Education;
4. "Board" means the Oklahoma State Board of Education; and
5. "Act" means Sections 1210.301 through 1210.307 of this title.
*+,-11'121#+,, .;
Laws 1980, c. 211, § 2, eff. July 1, 1981; Laws 1981, c. 278, § 1,
eff. July 1, 1981; Laws 1985, c. 329, § 20, emerg. eff. July 30,
1985; Laws 1994, c. 359, § 2, eff. July 1, 1994.
§70-1210.302. Administration of act - Rules and regulations.
The Department of Education shall administer this act within the
same section ofthe Department which administers the educational
programs for all children other than those identified in Section 13-
101 of this title. The Board shall adopt rules and regulations
necessary to implement the provisions of this act.
Laws 1980, c. 211, § 3, eff. July 1, 1981; Laws 1981, c. 278, § 2,
eff. July 1, 1981.
§70-1210.303. Duties and responsibilities of Department of
Education.
A. In administering this act the Department of Education shall
provide:
1. The necessary State Department of Education staff with a
primary responsibility for:
a. developing educational programs for gifted and talented
children,
b. assuring appropriate assessment and evaluation
procedures for use by school districts of this state,
and
c. enforcing compliance with the provisions of Sections
1210.301 through 1210.308 of this title by school
districts;
2. The procedures for educational screening, needs analysis and
prescriptive programming for gifted and talented children by Regional
Education Service Center personnel and others approved by the
Department;
3. In-service training for selected teachers, administrators,
college personnel, parents and interested lay persons;
4. Assistance in the development of new programs and the
projection of program alternatives for the eventual provision of high
quality programs for all identified gifted and talented children;
5. Recommendations to the State Board of Education concerning
qualifications of teachers for gifted and talented children;
6. Recommendations for degree programs and short course seminars
for the preparation of teaching personnel for gifted and talented
children;
7. Selected procedural safeguards for all potentially
identifiable and identified gifted and talented children;
8. Auditing of gifted and talented education programs in twenty-
five (25) districts selected at random each year to determine
compliance with the provisions of Sections 1210.301 through 1210.308
of this title as well as program monitoring and auditing for
*+,-11'121#+,, .;)
districts with extraordinary numbers of identified students,
identified students who as a group are not representative of racial
and socioeconomic demographics of district student population,
unusual budget reports, inappropriate implementation policies or
questionable gifted child programming; and
9. Any other programs, services, supplies or facilities
necessary to implement the provisions of this act.
B. State Aid to a district shall be reduced by an amount equal
to twice the amount of that portion of State Aid generated by the
gifted and talented weight for each student the district has
identified as gifted and talented for purposes of Section 18-201 of
this title and for whom, upon audit by the State Department of
Education, the district has not demonstrated that the depth, breadth,
and pace of the curriculum have been and continue to be in compliance
with the provisions of Sections 1210.301 through 1210.308 of this
title. The penalty prescribed in this section shall be enforced by
reducing State Aid to the district during the next school year
following the audit or completion of an appeal in the amount of the
penalty. A district shall be subject to loss of State Aid pursuant
to this subsection only upon verification of the district's failure
to provide appropriate programs and services for identified gifted
and talented students through an audit by the State Department of
Education. The State Board of Education shall promulgate rules
establishing a procedure by which districts against which a penalty
is assessed may appeal to the Board.
Laws 1980, c. 211, § 4, eff. July 1, 1981; Laws 1981, c. 278, § 3,
eff. July 1, 1981; Laws 1985, c. 329, § 21, emerg. eff. July 30,
1985; Laws 1994, c. 359, § 3, eff. July 1, 1994.
§70-1210.304. Prescriptive teaching materials to be used.
In administering this act, the Department of Education shall
utilize, insofar aspossible, prescriptive teaching materials,
prescribed by appropriate testing and evaluation by the regional
prescriptive teaching centers. Such curriculum material shall be
utilized for as many students as possible, by their regular or
homeroom teachers.
Laws 1980, c. 211, § 5, eff. July 1, 1981.
§70-1210.305. Funding.
In implementing this act, every effort shall be made to combine
funds appropriated for this purpose with funds available from all
other sources, federal, state, local or private, in order to achieve
maximum benefits for improving education of gifted and talented
children.
Laws 1980, c. 211, § 6, eff. July 1, 1981.
§70-1210.306. Teachers and instructors - Qualifications.
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The State Board shall adopt criteria for qualifications for
teachers of gifted and talented children, as well as criteria for
special enrichment program instructors who may be professionals in
fields other than education.
Laws 1980, c. 211, § 7, eff. July 1, 1981.
§70-1210.307. Duty to provide programs - Parent notification of
gifted status - School year plans for programs, yearly reports.
A. It shall be the duty of each school district to provide
gifted child educational programs and to serve those children, as
defined in Section 1210.301 of this title, who reside in that school
district. This duty may be satisfied by:
1. The district directly providing gifted child educational
programs for such children;
2. The district joining in a cooperative program with another
district or districts to provide gifted child educational programs
for such children;
3. The district joining in a cooperative program with a private
or public institution within such district; or
4. The district transferring identified gifted and talented
children to other school districts which provide the appropriate
gifted child educational programs, provided, no transfer shall be
made without the consent of the board of education of the receiving
school district. The district in which the child resides shall
provide transportation for the transferred student and pay an amount
of tuition equal to the proportion of the operating costs of the
program to the receiving district. Transfers authorized by this
section shall be made under such rules and regulations as the State
Board of Education may prescribe.
B. Each district shall, regardless of the method used for
accomplishing the duty set forth in subsection A of this section,
notify in writing the parents of each child identified as gifted of
the fact that the child has been so identified. The district shall
also provide each such parent a summary of the program to be offered
such child.
C. Beginning with the 1994-95 school year, and each year
thereafter, each board of education shall submit a plan for gifted
child educational programs as defined in Section 1210.301 of this
title to the State Department of Education which shall include:
1. A written policy statement which specifies a process for
selection and assessment of children for placement in gifted and
talented programs that is consistent for grades one through twelve;
2. A description of curriculum for the gifted child educational
program. Such description shall demonstrate that the curriculum is
differentiated from the normal curriculum in pace and/or depth and
that it has scope and sequence;
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3. Criteria for evaluation of the gifted child educational
program;
4. Evidence of participation by the local advisory committee on
education for gifted and talented children in planning, child
identification process and program evaluation;
5. Required competencies and duties of gifted child educational
program staff;
6. Number and percentage of students identified by the district
as gifted children pursuant to subparagraph g of paragraph 2 of
subsection B of Section 18-201 of this title; and
7. A budget for the district gifted child educational programs.
D. At the conclusion of the 1994-95 school year and each school
year thereafter, the board of education of each school district shall
prepare a report which outlines the expenditures made by the district
during that year for gifted child educational programs. For
districts which receive six percent (6%) or more of their total State
Aid money for gifted and talented programs or which received One
Million Dollars ($1,000,000.00) or more in State Aid for gifted and
talented programs for the preceding year, the report shall identify
expenditures by major object codes and program classifications
pursuant to the Oklahoma Cost Accounting System, as adopted by the
State Board of Education pursuant to Section 5-135 of this title.
All other districts shall identify expenditures by major object
codes. Copies of the report shall be sent to the State Department of
Education by August 1 of each year.
E. The State Department of Education shall, after each school
year, report to the President Pro Tempore of the Senate and the
Speaker of the House of Representatives concerning the number of
children identified for the programs, number of children served by
the programs, type of programs provided, type of screening procedures
utilized, cost analysis of the programs and the estimated number of
gifted and talented children unserved by the programs.
Added by Laws 1981, c. 278, § 4, eff. July 1, 1981. Amended by Laws
1985, c. 329, § 22, emerg. eff. July 30, 1985; Laws 1990, c. 263, §
63, operative July 1, 1990; Laws 1993, c. 239, § 51, eff. July 1,
1993; Laws 1994, c. 359, § 4, eff. July 1, 1994.
§70-1210.308. Advisory committee for educational programs - Members,
meetings - Duties.
A. For the purpose of meeting the duty of each school district
as set forth in Section 1210.307 of Title 70 of the Oklahoma
Statutes, each district board of education shall create a local
advisory committee on education for gifted and talented children or
expand the duties of a curriculum advisory committee for the district
to assist the district on gifted and talented programs. If the
district creates a local advisory committee for gifted and talented
children it shall consist of at least three but no more than eleven
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members. The district board shall appoint all members, at least one-
third (1/3) of whom shall be selected from a list of nominations
submitted by associations whose purpose is advocacy for gifted and
talented children. The committee shall be broadly representative of
the community. The committee shall be appointed no later than
September 15 of each school year for two-year terms and shall consist
of parents of children identified as gifted and talented and
community members who may be but are not required to be parents of
students within the district. At the first meeting the committee
shall elect a chair and a vice-chair. If the district utilizes the
curriculum advisory committee it shall appoint at least one member
who is a parent of a child identified as gifted and talented or is a
knowledgeable advocate for gifted and talented children.
B. A meeting of the local advisory committee or the curriculum
advisory committee shall be called by the district superintendent no
later than October 1 of each year for the purpose of addressing
gifted and talented program issues. The advisory committee or
curriculum advisory committee may meet at other times during the year
as is necessary in meeting space furnished by the district. The
district shall furnish staff for the advisory committee. All
meetings of the committees shall be subject to the provisions of the
Oklahoma Open Meeting Act.
C. The duties of the advisory committee for gifted and talented
children or the curriculum advisory committee shall be to assist in
the formulation of district goals for gifted education, to assist in
development of the district plan for gifted child educational
programs, to assist in preparation of the district report on gifted
child educational programs, and to perform other advisory duties as
may be requested by the board of education.
Added by Laws 1994, c. 359, § 5, eff. July 1, 1994.
§70-1210.401. Oklahoma School of Science and Mathematics -
Establishment - Board of Trustees - Terms - Vacancies - Budget
request.
A. A secondary school to be known as the Oklahoma School of
Science and Mathematics is hereby established to be governed by a
board of trustees as created in this section.
B. The Board of Trustees of the Oklahoma School of Science and
Mathematics shall consist of twenty-five (25) members as follows:
1. Six ex officio nonvoting members as follows:
a. The Chair of the Oklahoma State Regents for Higher
Education or a designee;
b. The Chancellor for Higher Education or a designee;
c. The Superintendent of Public Instruction or a designee;
d. The Dean of the College of Arts and Sciences of
Oklahoma State University;
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e. The Dean of the College of Arts and Science of the
University of Oklahoma; and
f. The Dean of the College of Arts and Sciences of the
University of Tulsa.
2. Seven members appointed by the President Pro Tempore of the
Senate as follows:
a. A member of the Senate;
b. A superintendent of a public school district; and
c. Five persons, two of whom are either a scientist or a
mathematician and three of whom hold a graduate degree
and practice a profession for which a graduate degree
is required.
3. Seven members appointed by the Speaker of the House of
Representatives as follows:
a. A member of the House of Representatives;
b. A principal of a public secondary school; and
c. Five members who are either a scientist or a
mathematician or hold a graduate degree and are
currently employed in an occupation related to
mathematics or one of the sciences.
4. Five members appointed by the Governor. Four of the members
appointed by the Governor shall be business or industrial leaders.
One member appointed by the Governor shall be a principal of a
private secondary school in this state. One of the members shall be
designated as Chair of the Board of Trustees by the Governor.
For purposes of this subsection:
a. "scientist" means any person who has a college degree
in one of the sciences or is currently employed in an
occupation related to one of the sciences; and
b. "mathematician" means any person who has a college
degree in mathematics or is currently employed in an
occupation related to mathematics.
C. 1. The terms of office of the members appointed by the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives shall coincide with the terms of the appointing
authority.
2. The terms of office of the initial members appointed by the
Governor shall be as follows:
a. Two members shall serve for a term of office of two (2)
years;
b. Two members shall serve for a term of office of four
(4) years; and
c. One member shall serve for a term of office of six (6)
years.
At the expiration of the terms of office of the initial members
appointed by the Governor, their successors shall be appointed for
terms of office of six (6) years.
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D. Vacancies in the office of an appointed member shall be
filled for the unexpired term by the appointing authority making the
original appointment. Except as prohibited by the Oklahoma
Constitution, appointment to the Board of Trustees shall not preclude
any member from holding any other private or public position.
E. The Board of Trustees shall prepare a budget request for the
Oklahoma School of Science and Mathematics and shall submit the
budget request to the Legislature and the Governor by October 1 of
each year. The Board of Trustees may accept gifts of real and
personal property, money and other things, and use or dispose of the
same in accordance with the directions of the donors or grantors
thereof.
F. The Board of Trustees shall be authorized to purchase, own
and acquire by lease or gift such motor vehicles as are reasonably
necessary for the implementation of the programs of the Oklahoma
School of Science and Mathematics.
Added by Laws 1983, c. 331, § 1, operative July 1, 1983. Amended by
Laws 1990, c. 263, § 131, operative July 1, 1990; Laws 1996, c. 71, §
1, eff. July 1, 1996; Laws 2006, c. 278, § 6, eff. July 1, 2006.
§70-1210.402. Oklahoma School of Science and Mathematics Revolving
Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma School of Science and Mathematics, to be designated
the "Oklahoma School of Science and Mathematics Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Board of
Trustees of the Oklahoma School of Science and Mathematics, from all
sources. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Board of
Trustees of the Oklahoma School of Science and Mathematics for the
purpose of developing the Oklahoma School of Science and Mathematics.
Expenditures from said fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 1983, c. 331, § 2, operative July 1, 1983. Amended by
Laws 2012, c. 304, § 623.
§70-1210.403. Oklahoma School of Science and Mathematics - Rules and
regulations - Preferential hiring policy.
A. The Board of Trustees of the Oklahoma School of Science and
Mathematics shall have the authority to promulgate rules and
regulations necessary to comply with the provisions of Section
1210.401 and 1210.402 of this title and any other requirements placed
upon the Board of Trustees by law.
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B. It is the intent of the Oklahoma Legislature that the Board
of Trustees of the Oklahoma School of Science and Mathematics
establish a hiring policy for the Oklahoma School of Science and
Mathematics which provides that applicants for employment positions
with the School who are residents of the State of Oklahoma shall be
given priority for employment over applicants who are not residents
of this state if all other qualifications are equal.
Added by Laws 1990, c. 263, § 133, operative July 1, 1990.
§70-1210.404. Development of advanced science and math programs.
A. The Oklahoma School of Science and Mathematics shall solicit
proposals and award grants for pilot projects that develop and
establish model programs implementing advanced science and math
curriculum at local technology center school sites, local colleges or
universities, or at local school sites via distance learning. At
least two grants shall be awarded during the 1997-98 school year for
implementation beginning the fall of 1997. The Oklahoma School of
Science and Mathematics shall determine pilot project criteria. The
pilot project proposals shall be considered on a statewide
competitive basis.
B. A Selection Committee shall be established to assist the
Oklahoma School of Science and Mathematics in selecting sites for
model programs. The Selection Committee shall consist of the
following members:
1. The Director of the Oklahoma Department of Career and
Technology Education or a designee;
2. The Superintendent of Public Instruction or a designee; and
3. The Director of the Oklahoma School of Science and
Mathematics or a designee.
C. An Advisory Council shall be established to assist the
Oklahoma School of Science and Mathematics in development of the
model programs. The Advisory Council shall establish eligibility
criteria for student participation in the program. The Advisory
Council shall have final approval of the curriculum and shall set
academic standards for the program. The Advisory Council shall
consist of the following members:
1. A superintendent of a participating local school district
within the technology center school district elected by the majority
of the participating superintendents or a designee;
2. The superintendent of a technology center school district
participating in the program or a designee; and
3. The Director of the Oklahoma School of Science and
Mathematics or a designee.
D. The Advisory Council and participating technology center
schools shall work with the Oklahoma School of Science and
Mathematics in determining advanced science and math curriculum needs
for the area served by the program. A representative from the
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Advisory Council and participating technology center school or
participating local school site shall work with a representative from
the Oklahoma School of Science and Mathematics in the recruitment and
hiring of faculty for the program. Faculty positions shall be
approved by a majority vote of the representatives from the Advisory
Council, technology center school and the Oklahoma School of Science
and Mathematics.
E. The participating technology center school district shall
provide transportation for those students attending the program at
the technology center school site. Local schools at their option may
provide transportation for students attending at college or
university sites.
Added by Laws 1997, c. 352, § 1, eff. July 1, 1997. Amended by Laws
2001, c. 33, § 129, eff. July 1, 2001.
§70-1210.405. Unused capacity.
A. The Board of Trustees of the Oklahoma School of Science and
Mathematics, upon a finding of unused capacity within the Oklahoma
School of Science and Mathematics (OSSM), shall have the authority
to:
1. Establish a policy providing for the acceptance of students
residing outside of Oklahoma and outside the United States for
enrollment in courses offered by OSSM in an amount not to exceed ten
percent (10%) of the total enrollment of OSSM. The policy shall
include but not be limited to:
a. a method of calculating rates for nonresident tuition
and room and board which must meet or exceed the cost
of attendance, subject to limits prescribed by the
Legislature, and
b. a provision that residents of Oklahoma seeking
acceptance to OSSM be given priority for enrollment
over students who are not residents of the state, if
all other qualifications are equal;
2. Offer for rent dormitories, classrooms, laboratories or other
OSSM facilities located in Oklahoma City; and
3. Establish educational programs and professional development
workshops to be offered during summer periods for which tuition and
fee rates may be established.
B. By January 1 of each year, the Board shall submit a report to
the Governor, the President Pro Tempore and the Minority Leader of
the Senate, the Speaker and the Minority Leader of the House of
Representatives, the chair of the Senate Education Committee and the
chair of the House Common Education Committee that includes the
nonresident tuition and room and board rates approved by the Board
for the current academic year. The annual report shall include data
on the impact of any tuition increases on the ability of students to
*+,-11'121#+,, .;$(
meet the costs of attendance, enrollment patterns and any other data
considered relevant by the Board.
C. The Board shall promulgate rules to implement the provisions
of this section.
Added by Laws 2013, c. 411, § 1.
§70-1210.406. Short title - "Oklahoma-A STEM State of Mind" Program.
This act shall be known and may be cited as the "Oklahoma-A STEM
State of Mind" Program.
Added by Laws 2014, c. 194, § 1.
§70-1210.407. STEM Community or Region designation process.
A. 1. There is hereby created a mechanism for establishing
criteria and a process for designation as a STEM Community or STEM
Region. The STEM Community or STEM Region is one of several
recommendations on improving Oklahoma Science, Technology,
Engineering and Mathematics (STEM) education in the Governor's
Science and Technology Council's "OneOklahoma" report.
2. The criteria for designation as a STEM Community or STEM
Region shall include a requirement that educators, administrators,
business leaders, students, parents, government officials and
business and industry groups within a community or region create
awareness, promote partnerships with education and industry, develop
and execute action plans for improving STEM education and training,
identify and acquire the needed resources to improve STEM education
and training and identify and accumulate STEM data within the
community or region, including but not limited to kindergarten
through twelfth grade test results, the number of STEM-related degree
holders in the local workforce, the number of STEM-related degrees
conferred and the number of STEM-related certifications or
credentials obtained. The region or community shall also develop a
plan to recognize and promote successes in both student and teacher
accomplishments in the STEM area within the community or region. The
concept of creating a STEM Community or STEM Region is incorporated
in the Department of Education's STEM strategy and will include and
support STEM programs in many of the Department of Career and
Technology Education's technology centers.
3. The process for designation as a STEM Community or STEM
Region shall require that state legislators initiate designation of a
STEM Community or STEM Region through an application process. The
final approval and designation of an Oklahoma STEM Community or STEM
Region shall reside with the Governor.
4. The application process shall be outlined by a subcommittee
of an existing STEM education or workforce committee or board, to be
identified by the Governor. The creation, sustainment and execution
of the subcommittee shall be the responsibility of the Department of
*+,-11'121#+,, .;$
Career and Technology Education. The application process shall be
based on criteria established by the subcommittee.
B. The subcommittee shall also study issues related to the
promotion and growth of STEM education and training in the state and
create specific recommendations to address the current and pending
shortage of highly skilled employees in the energy, agriculture and
biosciences, aerospace and defense, transportation and distribution
and information technology and financial services sectors in
Oklahoma.
C. The subcommittee shall submit a report of its findings and
recommendations to the Governor, the President Pro Tempore of the
Senate and the Speaker of the House of Representatives on an annual
basis.
Added by Laws 2014, c. 194, § 2. Amended by Laws 2018, c. 31, § 1,
eff. July 1, 2018.
§70-1210.451. Oklahoma School for the Visual and Performing Arts
established - Trustees.
A. A secondary school to be known as the Oklahoma School for the
Visual and Performing Arts is hereby established. The school shall
be governed by a board of trustees as created in this section.
B. 1. The board of trustees of the Oklahoma School for the
Visual and Performing Arts shall consist of the following members:
a. four (4) ex officio nonvoting members as follows:
(1) the Chair of the Oklahoma State Regents for Higher
Education, or designee,
(2) the Chancellor for Higher Education, or designee,
(3) the Superintendent of Public Instruction, or
designee, and
(4) the Chair of the Oklahoma Arts Council, or
designee,
b. eleven (11) members appointed by the Governor as
follows:
(1) four persons knowledgeable in the arts or with
expertise or profound interest in the arts,
representing diverse geographical areas of the
state,
(2) two persons to represent the business community,
(3) a writer,
(4) one president of an institution within The
Oklahoma State System of Higher Education,
(5) one president of a private university in this
state, or designee,
(6) one principal of a private secondary school in
this state, and
(7) one superintendent of a public school district.
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One of the members shall be designated as chair of the
board of trustees by the Governor,
c. four (4) members appointed by the President Pro Tempore
of the Senate as follows:
(1) a member of the Senate,
(2) a principal of a public secondary school,
(3) a visual artist, and
(4) a professional musician, and
d. four (4) members appointed by the Speaker of the House
of Representatives as follows:
(1) a member of the House of Representatives,
(2) a classroom art teacher who teaches in a public
school,
(3) a performing artist, and
(4) a person who holds a graduate degree and is
currently employed in an occupation related to the
visual, literary, or performing arts.
2. For purposes of this subsection:
a. "visual artist" means any person who has a college
degree in one of the visual arts or is currently
employed in an occupation related to one of the visual
arts,
b. "professional musician" means any person who has a
college degree in music or is currently employed in an
occupation related to music,
c. "writer" means any person who has a college degree in
English or journalism or is currently employed in an
occupation related to one of the literary arts,
d. "visual arts" means art forms which are perceived by
sight such as painting, photography, graphics, and
sculpture, and
e. "performing arts" means art forms such as theatre,
dance, choral and orchestral music, film, and video.
C. 1. The terms of office of the members appointed by the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives shall coincide with the terms of the appointing
authority.
2. The terms of office of the initial members appointed by the
Governor shall be as follows:
a. four members shall serve initial terms of two (2)
years,
b. four members shall serve initial terms of four (4)
years, and
c. three members shall serve initial terms of six (6)
years.
*+,-11'121#+,, .;$!
3. At the expiration of the terms of the initial members
appointed by the Governor, their successors shall be appointed for
terms of six (6) years.
D. Vacancies in the office of an appointed member shall be
filled for the unexpired term by the authority making the original
appointment.
E. Members of the board shall receive no compensation for their
service, but shall receive travel reimbursement as follows:
1. Legislative members of the board shall be reimbursed in
accordance with the provisions of Section 456 of Title 74 of the
Oklahoma Statutes; and
2. Nonlegislative members of the board shall be reimbursed by
their appointing authorities pursuant to the State Travel
Reimbursement Act.
F. The board of trustees shall prepare a budget request for the
Oklahoma School for the Visual and Performing Arts and shall submit
the budget request to the Legislature and the Governor by October 1
of each year. The board of trustees may accept gifts of real and
personal property, money and other things, and use or dispose of the
same in accordance with the directions of the donors or grantors
thereof.
G. The board of trustees is authorized to purchase, own and
acquire by lease or gift such motor vehicles as are reasonably
necessary for the implementation of the programs of the Oklahoma
School for the Visual and Performing Arts.
Added by Laws 2009, c. 453, § 1.
§70-1210.452. Oklahoma School for the Visual and Performing Arts
Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma School for the Visual and Performing Arts, to
be designated the "Oklahoma School for the Visual and Performing Arts
Revolving Fund". The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all monies received by
the board of trustees of the Oklahoma School for the Visual and
Performing Arts, from all sources. All monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and expended
by the board of trustees for the purpose of developing the Oklahoma
School for the Visual and Performing Arts. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
B. The Oklahoma School for the Visual and Performing Arts
Revolving Fund shall not receive any state-appropriated dollars for
the fiscal year ending June 30, 2010.
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Added by Laws 2009, c. 453, § 2. Amended by Laws 2012, c. 304, §
624.
§70-1210.453. Rule making authority - Hiring policy - Prohibition of
campus summer arts camp programs.
A. The board of trustees of the Oklahoma School for the Visual
and Performing Arts shall have the authority to adopt rules necessary
to comply with the provisions of Sections 1210.451 through 1210.453
of this title and any other requirements placed upon the board of
trustees by law.
B. It is the intent of the Oklahoma Legislature that the board
of trustees of the Oklahoma School for the Visual and Performing Arts
establish a hiring policy for the Oklahoma School for the Visual and
Performing Arts which provides that applicants for employment
positions with the school who are residents of this state shall be
given priority for employment over applicants who are not residents
of this state if all other qualifications are equal.
C. The Oklahoma School for the Visual and Performing Arts shall
not offer any campus summer arts camp programs for students in grades
nine through twelve during the period between the end of the regular
spring semester of the school and the beginning of the regular fall
semester of the school. For purposes of this section, "campus summer
arts camp programs" means programs in which students are
residentially housed as a group for two (2) weeks or less by the
school. The provisions of this subsection shall not be enforced if
either the Oklahoma Arts Institute, a nonprofit organization which is
funded in part by private and state funds and utilizes the Quartz
Mountain Arts and Conference Center and Nature Park for a fine arts
institute and continuing education programs, or the Oklahoma School
for the Visual and Performing Arts is not operating or ceases to
exist.
Added by Laws 2009, c. 453, § 3. Amended by Laws 2010, c. 260, § 1.
§70-1210.501. Repealed by Laws 1989, c. 335, § 24, eff. July 1,
1989.
§70-1210.502. Repealed by Laws 1989, c. 335, § 24, eff. July 1,
1989.
§70-1210.503. Repealed by Laws 1989, c. 335, § 24, eff. July 1,
1989.
§70-1210.504. Repealed by Laws 1989, c. 335, § 24, eff. July 1,
1989.
§70-1210.505. Short title.
*+,-11'121#+,, .;$"
Section 1210.505 et seq. of this title shall be known and may be
cited as the "Oklahoma School Testing Program Act".
Added by Laws 1985, c. 329, § 4, emerg. eff. July 30, 1985. Amended
by Laws 1989, c. 235, § 7, eff. July 1, 1989.
§70-1210.506. Repealed by Laws 2016, c. 360, § 11, eff. July 1,
2016.
§70-1210.507. Rules - Disclosure of information to the public -
Alternative testing locations - Internet postings.
A. The State Board of Education shall promulgate rules necessary
for the implementation and administration of the provisions of the
Oklahoma School Testing Program Act.
B. The State Board of Education shall require school district
boards of education to annually provide information to the district's
students, parents of students, and the public at large about the
proper meaning and use of assessments administered pursuant to the
provisions of the Oklahoma School Testing Program Act. The
Department shall develop materials and make them available to school
districts regarding the Oklahoma School Testing Program.
C. 1. Students enrolled in an online course or program that is
offered by a school district or charter school that is not the
district of residence or is not located in the district of residence
of the student shall be provided the opportunity to take any
assessment required pursuant to the Oklahoma School Testing Program
Act or any other assessment generally required of students by the
school district in which the student is enrolled at an alternative
testing location approved by the State Board of Education. The
alternative testing locations may be at sites that are not in the
school district that is offering the online course or program or the
district of residence. Alternative testing locations may include
technology center school sites or any other testing location selected
by the school district or charter school offering the online course
or program. All alternative testing locations shall be subject to
testing location rules promulgated by the State Board of Education.
The school district or charter school offering the online course or
program shall be responsible for any cost incurred in providing an
alternative testing location and any additional cost of administering
an assessment at an alternative testing location. In order to
provide alternative testing locations at geographically dispersed
sites, the school district or charter school offering the online
course or program shall, at a minimum, provide not less than six
alternative testing locations, with at least one location in each
quadrant of the state and in each of the two metropolitan areas in
the state. Additional alternative testing locations may be provided
by the school district or charter school offering the online course
or program.
*+,-11'121#+,, .;$
2. The performance of students on any assessment required
pursuant to the Oklahoma School Testing Program Act or any other
assessments generally required of students by the school district who
are enrolled full-time in an online program that is offered by a
school district or charter school that is not the district of
residence or is not located in the district of residence of the
student shall be reported separately by the school district or
charter school and shall not be included when determining the
performance levels of the school district or charter school in the
Oklahoma School Testing Program as reported in the Oklahoma
Educational Indicators Program.
D. The State Board of Education shall seek to establish and post
on the Internet a sample assessment item bank that will be made
available to teachers and will allow them to create and deliver
classroom assessments throughout the school year to check for student
mastery of key concepts assessed by the assessments administered to
students pursuant to the Oklahoma School Testing Program Act.
Subject to the availability of funds, the Board shall annually
release assessment items and make them available to the public.
E. The State Board of Education shall post on the Internet
sample assessments for each grade level and subject matter assessment
administered to students pursuant to the Oklahoma School Testing
Program Act for the purpose of communicating expectation concerning
the difficulty level and format to teacher, parents and students.
The Board shall maintain the sample assessments on the Internet
throughout the year and, as changes are made in the state academic
content standards, shall update the sample assessments. The Board
shall seek to expand the number of sample assessments items each year
and to revise items as needed. The sample assessments shall reflect
the actual assessments administered to students and may contain
questions used on actual assessments given in previous years.
F. The State Board of Education shall implement an electronic
delivery system for all assessments administered pursuant to the
Oklahoma School Testing Program Act that will allow students to
participate in computer-based assessments in order to expedite the
delivery and use of the results. The State Board of Education shall
adopt a timeline for transition to the electronic delivery system. A
school district may choose to offer printed assessments by providing
a request for approval and justification to the State Board of
Education. The State Department of Education shall publish and make
known the date by which districts choosing to offer printed
assessments must make such request. In circumstances where the
administration or delivery of an online or computer-based assessment
has been or will be disrupted, delayed or cause problems with student
participation, the Board may stop or cancel the online or computer-
based assessment and administer the assessment by another means.
*+,-11'121#+,, .;(
Added by Laws 1985, c. 329, § 6, emerg. eff. July 30, 1985. Amended
by Laws 1989, c. 335, § 9, eff. July 1, 1989; Laws 1989, 1st Ex.
Sess., c. 2, § 20, emerg. eff. April 25, 1990; Laws 1999, c. 356, §
1, eff. July 1, 1999; Laws 2003, c. 428, § 1, eff. July 1, 2003; Laws
2006, c. 289, § 3, eff. July 1, 2006; Laws 2010, c. 351, § 1, eff.
Nov. 1, 2010; Laws 2013, c. 74, § 2, eff. July 1, 2013; Laws 2014, c.
430, § 7, emerg. eff. June 5, 2014; Laws 2016, c. 360, § 3, eff. July
1, 2016; Laws 2018, c. 257, § 2, eff. July 1, 2018.
§70-1210.508. Statewide student assessment system.
A. 1. By no later than December 31, 2016, the State Board of
Education shall adopt a statewide system of student assessments in
compliance with the Elementary and Secondary Education Act of 1965
(ESEA), as reauthorized and amended by P.L. No. 114-95, also known as
the Every Student Succeeds Act (ESSA).
2. The statewide student assessment system adopted by the Board
pursuant to this subsection shall be aligned with the Oklahoma
Academic Standards as adopted by the Board and which prepare students
for college and careers.
B. 1. The Board shall issue a request for proposals for the
selection of assessments to be administered to students in grades
three through twelve as a part of the statewide student assessment
system adopted by the Board pursuant to this section.
2. The Board shall adopt assessments from the selected proposals
that were submitted pursuant to paragraph 1 of this subsection. The
adopted assessments shall be administered by the Board for a period
that is in coordination with the six-year subject area textbook
adoption cycle unless the vendor does not fulfill the terms of the
contract or fails to comply with or violates the terms of the
contract. The Board shall administer the assessments beginning with
the 2017-2018 school year.
C. The statewide student assessment system adopted by the Board
pursuant to this section shall include assessments that:
1. Are aligned with the Oklahoma subject matter standards as
adopted by the Board;
2. Provide a measure of comparability among other states;
3. Yield both norm-referenced scores and criterion-referenced
scores;
4. Have a track record of statistical reliability and accuracy;
and
5. For assessments administered in high school, provide a
measure of future academic performance.
D. For the 2016-2017 school year, the Board shall administer
assessments in:
1. English Language Arts or Reading and Mathematics in grades
three through eight and at least once in high school, during the
grade span of nine through twelve;
*+,-11'121#+,, .;(
2. Science not less than once during each grade span of three
through five, six through nine and ten through twelve; and
3. United States History not less than once during the grade
span of nine through twelve.
E. 1. Beginning with the 2017-2018 school year, the statewide
student assessment system shall include assessments in:
a. English Language Arts and Mathematics in grades three
through eight and at least once in high school, during
the grade span of nine through twelve,
b. Science not less than once during each grade span of
three through five, six through nine and ten through
twelve, and
c. United States History, with an emphasis on civics, not
less than once during the grade span of nine through
twelve.
2. Beginning with the 2017-2018 school year, the statewide
student assessment system may include:
a. assessments in Reading and Writing in certain grades as
determined by the Board, and
b. contingent upon the availability of funds, an
additional nationally recognized college- and career-
readiness assessment or assessments as recommended by
the State Department of Education which will be
administered to students in high school at no cost to
the student.
F. 1. Beginning with students entering the ninth grade in the
2017-2018 school year, each student shall take the assessment or
assessments included in the statewide student assessment system
adopted by the Board pursuant to subsection A of this section in
order to graduate from a public high school with a standard diploma.
All students shall take the assessment or assessments prior to
graduation, unless otherwise exempt by law.
2. Beginning with students entering the ninth grade in the 2017-
2018 school year, each student, in addition to taking the assessment
or assessments included in the statewide student assessment system
adopted by the Board pursuant to subsection A of this section, shall
meet any other high school graduation requirements adopted by the
Board pursuant to Section 5 of Enrolled House Bill No. 3218 of the
2nd Session of the 55th Oklahoma Legislature in order to graduate
from a public high school with a standard diploma.
3. For students who start the ninth grade prior to or during the
2016-2017 school year, school districts shall adopt a plan that
establishes the assessment or assessments those students are required
to take in order to graduate from a public high school with a
standard diploma. The plan may also include any or all of the other
high school graduation requirements adopted by the Board pursuant to
Section 5 of Enrolled House Bill No. 3218 of the 2nd Session of the
*+,-11'121#+,, .;($
55th Oklahoma Legislature that those students will be required to
meet in order to graduate from a public high school with a standard
diploma.
4. The Board shall promulgate rules to ensure that students who
transfer into an Oklahoma school district from out-of-state after the
junior year of high school shall not be denied the opportunity to be
awarded a standard diploma due to differing testing requirements.
G. In order to provide an indication of the levels of competency
attained by the student in a permanent record for potential future
employers and institutions of higher education, school districts
shall report on the high school transcript of the student the
highest-achieved score on the assessment or assessments included in
the statewide student assessment system adopted by the Board pursuant
to subsection A of this section and any business- and industry-
recognized endorsements attained.
H. Students who do not perform at a proficiency level on
assessments shall be remediated as established in the assessment
requirements adopted by the Board pursuant to Section 5 of Enrolled
House Bill No. 3218 of the 2nd Session of the 55th Oklahoma
Legislature, subject to the availability of funding.
I. 1. All assessments required by this section shall measure
academic competencies in correlation with the subject matter
standards adopted by the Board pursuant to Sections 11-103.6 and 11-
103.6a of this title and referred to as the Oklahoma Academic
Standards. The State Board of Education shall evaluate the subject
matter standards to ensure the competencies reflect high standards,
are specific, well-defined, measurable, challenging, and will prepare
elementary students for next-grade-level course work and secondary
students for postsecondary studies at institutions of higher
education or technology center schools without the need for
remediation. All subject matter standards shall reflect the goals as
set forth in Section 11-103.6 of this title and of improving the
state average ACT score.
2. The State Department of Education shall annually evaluate the
results of the assessments. The State Board of Education shall
ensure that preliminary results for all statewide assessments are
reported to districts no later than June 20 of each year and are
presented in a manner that yields detailed, diagnostic information
for the purpose of guiding instruction and student remediation. As
improvements are made to the assessments required by this section,
the Board shall seek to increase the depth of knowledge assessed for
each subject. The State Board of Education shall seek to ensure that
data yielded from the assessments required in this section are
utilized at the school district level to inform instruction,
professional development, school improvement and remediation for
students.
*+,-11'121#+,, .;((
3. The Commission for Educational Quality and Accountability
shall determine the cut scores for the performance levels on all
statewide assessments. The Commission shall conduct an ongoing
review to compare the statewide assessment content and performance
descriptors with those of other states. Upon receipt of the review,
the Commission may adjust the cut scores as necessary.
4. The State Board of Education, for the purposes of conducting
reliability and validity studies, monitoring contractor adherence to
professionally accepted testing standards, and providing
recommendations for testing program improvement, shall retain the
services of an established, independent agency or organization that
is nationally recognized for its technical expertise in educational
testing but is not engaged in the development of aptitude or
achievement tests for elementary or secondary level grades. These
national assessment experts shall annually conduct studies of the
reliability and validity of the statewide assessments administered
pursuant to this section. Validity studies shall include studies of
decision validity and concurrent validity.
J. 1. The State Board of Education shall promulgate rules
setting the assessment window dates for each statewide assessment so
that the assessments are administered according to recommended
testing protocols, and so that the assessment results are reported
back to school districts in a timely manner. The vendor shall
provide a final electronic data file of all school site, school
district, and state results to the State Department of Education and
the Office of Educational Quality and Accountability prior to August
20 of each year. The Department shall forward the final data files
for each school district and each school site in that district to the
school district. The Board shall ensure the contract with the vendor
includes a provision that the vendor report assessment results
directly to the Office of Educational Quality and Accountability at
the same time it is reported to the Board.
2. State, district, and site level results of all assessments
required in this section shall be disaggregated by gender, race,
ethnicity, disability status, migrant status, English proficiency,
and status as economically disadvantaged, except that such
disaggregation shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student. Each school
site shall notify the student's parents of the school's performance
levels in the Oklahoma School Testing Program as reported in the
Oklahoma Educational Indicators Program at the end of each school
year.
K. The State Board of Education shall be responsible for the
field-testing and validation of the statewide assessment system
required in subsection A of this section.
*+,-11'121#+,, .;(
L. The State Board of Education shall develop, administer, and
incorporate as a part of the Oklahoma School Testing Program, other
assessment programs or procedures, including appropriate
accommodations for the assessment of students with disabilities as
required by the Individuals with Disabilities Education Act (IDEA),
20 U.S.C., Section 1400 et seq.
M. For purposes of developing and administering alternate
assessments for students with the most significant cognitive
disabilities, the State Board of Education shall not be subject to
subsections D and E of Section 11-103.6a of this title.
Added by Laws 1985, c. 329, § 7, emerg. eff. July 30, 1985. Amended
by Laws 1986, c. 259, § 42, operative July 1, 1986; Laws 1989, c.
335, § 10, eff. July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 19,
emerg. eff. April 25, 1990; Laws 1992, c. 292, § 1, eff. July 1,
1992; Laws 1993, c. 361, § 12, eff. July 1, 1993; Laws 1995, c. 188,
§ 2, eff. July 1, 1995; Laws 1997, c. 343, § 6, eff. July 1, 1997;
Laws 1998, c. 5, § 25, emerg. eff. March 4, 1998; Laws 1999, c. 356,
§ 2, eff. July 1, 1999; Laws 2000, c. 306, § 1, eff. July 1, 2000;
Laws 2001, c. 33, § 130, eff. July 1, 2001; Laws 2001, c. 413, § 4,
eff. July 1, 2001; Laws 2003, c. 428, § 2, eff. July 1, 2003; Laws
2006, c. 289, § 4, eff. July 1, 2006; Laws 2009, c. 162, § 1, eff.
Nov. 1, 2009; Laws 2009, c. 456, § 8, eff. July 1, 2009; Laws 2010,
c. 251, § 1, eff. July 1, 2010; Laws 2011, c. 162, § 1, eff. Nov. 1,
2011; Laws 2012, c. 223, § 13, eff. July 1, 2013; Laws 2012, c. 354,
§ 8; Laws 2013, c. 403, § 1; Laws 2014, c. 430, § 8, emerg. eff. June
5, 2014; Laws 2016, c. 360, § 4, eff. July 1, 2016; Laws 2018, c. 67,
§ 2, eff. July 1, 2018; Laws 2019, c. 479, § 1, emerg. eff. May 28,
2019.
NOTE: Laws 1989, c. 315, § 55 repealed by Laws 1989, 1st Ex. Sess.,
c. 2, § 121, operative July 1, 1990. Laws 1997, c. 341, § 1 repealed
by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.
§70-1210.508-1. Repealed by Laws 2016, c. 360, § 11, eff. July 1,
2016.
§70-1210.508-2. Students exempt from mandated tests.
The State Board of Education shall promulgate rules providing for
limited exemptions from the mandated tests administered pursuant to
the provisions of the Oklahoma School Testing Program Act for
students facing exceptional emergency circumstances which prevent the
student from being assessed during the testing window. For purposes
of this section, exceptional emergency circumstance shall be defined
to include situations involving serious accidents or medical
emergency events involving the student, a parent or guardian of the
student or a sibling of the student.
Added by Laws 2014, c. 344, § 1, emerg. eff. May 28, 2014.
*+,-11'121#+,, .;()
§70-1210.508-3. Exemptions for MSCD students.
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69
Added by Laws 2015, c. 201, § 1, eff. July 1, 2015.
§70-1210.508-4. Individual Career Academic Plan (ICAP).
A. As used in this section, "Individual Career and Academic Plan
(ICAP)" means an individualized plan developed by the student and the
student's parent or legal guardian, in collaboration with their
school counselors, school administrators, teachers and other school
personnel, that is used to help establish personalized academic and
career goals, explore postsecondary career opportunities, including,
but not limited to, military careers, apprenticeship programs, career
and technology programs leading to certification or licensure,
educational opportunities, align coursework and curriculum, apply to
postsecondary institutions, secure financial aid and ultimately enter
the workforce.
B. As part of the multimeasures approach to high school
graduation recommended by the State Board of Education, pursuant to
Section 5 of House Bill No. 3218 passed by the Legislature in the 2nd
Session of the 55th Legislature, the Board shall adopt a new
statewide system of college and career planning tools which shall be
known as the "Individual Career Academic Plan (ICAP)". The Board
shall work cooperatively with school districts to incorporate the
ICAP into graduation requirements.
1. Beginning with students entering the ninth grade in the 2019-
2020 school year, each student shall be required to complete the
process of an ICAP in order to graduate from a public high school
with a standard diploma. Each year thereafter, students shall
annually update their ICAP. The ICAP shall include, but not be
limited to:
a. career- and college-interest surveys,
b. written postsecondary and workforce goals and
information of progress toward these goals,
c. intentional sequence of courses that reflect progress
toward the postsecondary goal,
*+,-11'121#+,, .;(!
d. the student's academic progress, including courses
taken, assessment scores, any remediation or credit
recovery and any Advanced Placement, International
Baccalaureate, concurrent or dual enrollment credits
earned and/or career certificate(s), certification(s),
or endorsements, and
e. experience in-service learning and/or work environment
activities.
2. The ICAP system shall be implemented according to the
following schedule:
a. for the 2017-2018 school year, the Oklahoma State
Department of Education shall work with school
districts, the Oklahoma State Regents for Higher
Education and the Oklahoma State Board of Career and
Technology Education to develop individual career
academic planning tools for students in grades six
through twelve,
b. for the 2018-2019 school year, the Department shall
incorporate the ICAP as described in paragraph 1 of
this subsection on a pilot program basis, and
c. for the 2019-2020 school year, and each school year
thereafter, school districts shall fully incorporate
and put into operation the ICAP as described in
paragraph 1 of this subsection for all students
entering the ninth grade.
C. Nothing in this section shall be construed to prevent a
district from implementing the ICAP for students in earlier grades.
D. ICAPs for students with disabilities, as defined in the
Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17,
shall take into account and work in cooperation with the student's
individualized education program (IEP) or Section 504 Plan as defined
by the Rehabilitation Act of 1973, P.L. No. 93-112.
Added by Laws 2017, c. 181, § 1, eff. Nov. 1, 2017. Amended by Laws
2018, c. 49, § 1, eff. Nov. 1, 2018.
§70-1210.508A. Reading Sufficiency Act - Short title.
Sections 1210.508A through 1210.508E of this title shall be known
and may be cited as the “Reading Sufficiency Act”.
Added by Laws 1997, c. 349, § 1, eff. July 1, 1997. Amended by Laws
1999, c. 176, § 1, eff. July 1, 1999; Laws 2005, c. 385, § 1.
§70-1210.508B. Legislative findings - Purpose - Reading and math
instruction time.
A. The Legislature finds that it is essential for children in
the public schools to read early and well in elementary school. The
Legislature further finds that clear and visible goals, assessments
to determine the reading level at each elementary school, annual
*+,-11'121#+,, .;(
measurements of elementary school reading improvement, and
accountability in each level of the educational system will result in
a significant increase in the number of children reading at or above
grade level.
B. The purpose of the Reading Sufficiency Act is to ensure that
each child attains the necessary reading skills by completion of the
third grade which will enable that student to continue development of
reading skills and to succeed throughout school and life.
C. Each public school district in this state shall ensure that
all students receive a well-rounded education that is focused on
building deep foundations in reading and mathematics. The State
Board of Education shall encourage school districts to integrate the
teaching of the other curricular areas in the subject matter
standards adopted by the Board with the instruction of reading and
mathematics. All teachers of reading in the public schools in this
state in kindergarten through third grade shall incorporate into
instruction the five elements of reading instruction which are
phonemic awareness, phonics, reading fluency, vocabulary, and
comprehension.
Added by Laws 1997, c. 349, § 2, eff. July 1, 1997. Amended by Laws
2001, c. 421, § 1, eff. July 1, 2001; Laws 2004, c. 197, § 1, eff.
July 1, 2004; Laws 2005, c. 431, § 2, eff. Sept. 1, 2005; Laws 2006,
c. 16, § 78, emerg. eff. March 29, 2006; Laws 2006, c. 146, § 1,
emerg. eff. May 12, 2006; Laws 2009, c. 456, § 9, eff. July 1, 2009;
Laws 2011, c. 100, § 1; Laws 2014, c. 430, § 9, emerg. eff. June 5,
2014; Laws 2016, c. 360, § 6, eff. July 1, 2016; Laws 2019, c. 289, §
1, eff. July 1, 2019.
NOTE: Laws 2005, c. 385, § 2 repealed by Laws 2006, c. 16, § 79,
emerg. eff. March 29, 2006.
§70-1210.508C. Programs of reading instruction.
A. 1. Each student enrolled in kindergarten in a public school
in this state shall be screened at the beginning, middle and end of
each school year for reading skills including, but not limited to,
phonemic awareness, letter recognition, and oral language skills as
identified in the subject matter standards adopted by the State Board
of Education. A screening instrument approved by the State Board
shall be utilized for the purposes of this section.
2. For those kindergarten children at risk for reading
difficulties at the beginning of the year, teachers shall emphasize
reading skills as identified in the subject matter standards adopted
by the State Board of Education, monitor progress throughout the year
and measure mid-year and year-end reading progress.
3. Kindergarten students who are not meeting grade-level targets
by mid-year in reading shall be provided a program of reading
instruction designed to enable the student to acquire the appropriate
grade-level reading skills.
*+,-11'121#+,, .;("
4. Classroom assistants, which may include parents,
grandparents, or other volunteers, shall be provided in kindergarten
classes to assist with the screening of students if a teacher aide is
not already employed to assist in a kindergarten classroom.
B. Each student enrolled in first, second and third grade of the
public schools of this state shall be assessed at the beginning,
middle and end of each school year using a screening instrument
approved by the State Board of Education for the acquisition of
reading skills including, but not limited to, phonemic awareness,
phonics, reading fluency, vocabulary, and comprehension.
C. Any student enrolled in first, second or third grade who is
assessed and who is not meeting grade-level targets in reading shall
be provided a program of reading instruction designed to enable the
student to acquire the appropriate grade level reading skills. The
program of reading instruction shall include provisions of the READ
Initiative adopted by the school district as provided for in
subsection P of this section. Throughout the year progress
monitoring shall continue, and diagnostic assessment, if determined
appropriate, shall be provided. Year-end reading skills shall be
measured to determine reading success.
D. The State Board of Education shall approve screening
instruments for use at the beginning and end of the school year, for
monitoring of progress, and for measurement of reading skills at the
end of the school year as required in subsections A and B of this
section; provided, at least one of the screening instruments shall
meet the following criteria:
1. Assess for phonemic awareness, phonics, reading fluency,
vocabulary and comprehension;
2. Document the validity and reliability of each assessment;
3. Can be used for identifying students who are at risk for
reading deficiency and progress monitoring throughout the school
year;
4. Can be used to assess students with disabilities and English
language learners; and
5. Accompanied by a data management system that provides
profiles for students, class, grade level and school building. The
profiles shall identify each student's instructional point of need
and reading achievement level. The State Board shall also determine
other comparable reading assessments for diagnostic purposes to be
used for students at risk of reading failure. The State Board shall
ensure that any assessments approved are in alignment with the
subject matter standards adopted by the State Board of Education.
E. 1. The program of reading instruction required in
subsections A and B of this section shall align with the subject
matter standards adopted by the State Board of Education and shall
include provisions of the READ Initiative adopted by the school
*+,-11'121#+,, .;(
district as provided for in subsection P of this section. A program
of reading instruction may include, but is not limited to:
a. sufficient additional in-school instructional time for
the acquisition of phonemic awareness, phonics, reading
fluency, vocabulary, and comprehension,
b. if necessary, tutorial instruction after regular school
hours, on Saturdays and during summer; however, such
instruction may not be counted toward the one-hundred-
eighty-day or one-thousand-eighty-hour school year
required in Section 1-109 of this title, and
c. assessments identified for diagnostic purposes and
periodic monitoring to measure the acquisition of
reading skills including, but not limited to, phonemic
awareness, phonics, reading fluency, vocabulary, and
comprehension, as identified in the student's program
of reading instruction.
2. A student enrolled in first or second grades who has been
assessed as provided for in subsection B of this section and found
not to be meeting grade-level targets in reading, shall be entitled
to supplemental instructional services and supports in reading until
the student is determined by the results of a screening instrument to
be meeting grade-level targets in reading. The program of reading
instruction for each student shall be developed by a Student Reading
Proficiency Team and shall include supplemental instructional
services and supports. Each team shall be composed of:
a. the parent or guardian of the student,
b. the teacher assigned to the student who had
responsibility for reading instruction in that academic
year,
c. a teacher who is responsible for reading instruction
and is assigned to teach in the next grade level of the
student, and
d. a certified reading specialist, if one is available.
F. The program of reading instruction shall continue until the
student is determined by the results of approved reading assessments
to be meeting grade-level targets.
G. 1. Every school district shall adopt, and implement a
district reading sufficiency plan which has had input from school
administrators, teachers, and parents and if possible a reading
specialist, and which shall be submitted electronically to and
approved by the State Board of Education. The plan shall be updated
annually. School districts shall not be required to electronically
submit the annual updates to the Board if the last plan submitted to
the Board was approved and expenditures for the program include only
expenses relating to individual and small group tutoring, purchase of
and training in the use of screening and assessment measures, summer
school programs and Saturday school programs. If any expenditure for
*+,-11'121#+,, .;
the program is deleted or changed or any other type of expenditure
for the program is implemented, the school district shall be required
to submit the latest annual update to the Board for approval. The
district reading sufficiency plan shall include a plan for each site
which includes an analysis of the data provided by the Oklahoma
School Testing Program and other reading assessments utilized as
required in this section, and which outlines how each school site
will comply with the provisions of the Reading Sufficiency Act.
2. The State Board of Education shall adopt rules for the
implementation and evaluation of the provisions of the Reading
Sufficiency Act. The evaluation shall include, but not be limited
to, an analysis of the data required in subsection S of this section.
H. For any third-grade student found not to be meeting grade-
level targets as determined by reading assessments administered
pursuant to this section, a new program of reading instruction,
including provisions of the READ Initiative adopted by the school
district as provided for in subsection P of this section, shall be
developed by a Student Reading Proficiency Team and implemented as
specified in subsection E of this section. In addition to other
requirements of the Reading Sufficiency Act, the plan may include
specialized tutoring.
I. 1. Any first-grade, second-grade or third-grade student who
demonstrates end of year proficiency in reading at the third-grade
level through a screening instrument which meets the acquisition of
reading skills criteria pursuant to subsection B of this section
shall not be subject to retention pursuant to this section. After a
student has demonstrated proficiency through a screening instrument,
the district shall provide notification to the parent or guardian of
the student that they have satisfied the requirements of the Reading
Sufficiency Act and will not be subject to retention pursuant to this
section.
2. If a third-grade student is identified at any point of the
academic year as having a significant reading deficiency, which shall
be defined as not meeting grade-level targets on a screening
instrument which meets the acquisition of reading skills criteria
pursuant to subsection B of this section, the district shall
immediately begin a student reading portfolio as provided by
subsection L of this section and shall provide notice to the parent
of the deficiency pursuant to subsection J of this section.
3. If a student has not yet satisfied the proficiency
requirements of this section prior to the completion of third grade
and still has a significant reading deficiency, as identified based
on assessments administered as provided for in subsection B of this
section, has not accumulated evidence of third-grade proficiency
through a student portfolio as provided in subsection L of this
section, or is not subject to a good-cause exemption as provided in
*+,-11'121#+,, .;
subsection L of this section, then the student shall not be eligible
for automatic promotion to fourth grade.
4. The minimum criteria for grade-level performance of third-
grade students pursuant to the Reading Sufficiency Act shall be that
students are able to read and comprehend grade-level text. To
determine the promotion and retention of third-grade students
pursuant to the Reading Sufficiency Act, the State Board of Education
shall use only the scores for the standards for reading
foundations/processes and vocabulary portions of the statewide third-
grade assessment administered pursuant to Section 1210.508 of this
title and shall not use the scores from the other language arts
portions of the assessment. The performance levels established by
the Commission for Educational Quality and Accountability pursuant to
Section 1210.508 of this title shall ensure that students meeting the
performance-level criteria are performing at grade level on the
reading foundations and vocabulary portions of the statewide third-
grade assessment.
5. a. A student not eligible for automatic promotion as
provided for under paragraph 3 of this subsection and
who does not meet the criteria established by the
Commission for Educational Quality and Accountability
on the reading portion of the statewide third-grade
assessment administered pursuant to Section 1210.508 of
this title may be evaluated for probationary promotion
by the Student Reading Proficiency Team which was
created for the student pursuant to subsection E of
this section.
b. The student shall be promoted to the fourth grade if
the team members unanimously recommend probationary
promotion to the school principal and the school
district superintendent and the principal and
superintendent approve the recommendation that
promotion is the best option for the student. If a
student is allowed a probationary promotion, the team
shall continue to review the reading performance of the
student and repeat the requirements of this paragraph
each academic year until the student demonstrates
grade-level reading proficiency, as identified through
a screening instrument which meets the acquisition of
reading skills criteria pursuant to subsection B of
this section, for the corresponding grade level in
which the student is enrolled or transitions to a
locally designed remediation plan after the fifth grade
which shall have the goal of ensuring that the student
is on track to be college and career ready.
6. Beginning with the 2017-2018 school year, students who do not
meet the performance criteria established by the Commission for
*+,-11'121#+,, .;$
Educational Quality and Accountability on the reading portion of the
statewide third-grade assessment administered pursuant to Section
1210.508 of this title, who are not subject to a good cause exemption
as provided in subsection L of this section, and who do not qualify
for promotion or probationary promotion as provided in this
subsection, shall be retained in the third grade and provided
intensive instructional services and supports as provided for in
subsection O of this section.
7. Each school district shall annually report to the State
Department of Education the number of students promoted to the fourth
grade pursuant to this subsection and the number of students promoted
to a subsequent grade pursuant to the provisions in paragraph 5 of
this subsection. The State Department of Education shall publicly
report the aggregate and district-specific number of students
promoted on their website and shall provide electronic copies of the
report to the Governor, Secretary of Education, President Pro Tempore
of the Senate, Speaker of the House of Representatives, and to the
respective chairs of the committees with responsibility for common
education policy in each legislative chamber.
J. The parent of any student who is found to have a reading
deficiency and is not meeting grade-level reading targets and has
been provided a program of reading instruction as provided for in
subsection B of this section shall be notified in writing of the
following:
1. That the student has been identified as having a substantial
deficiency in reading;
2. A description of the current services that are provided to
the student pursuant to a conjoint measurement model such that a
reader and a text are placed on the same scale;
3. A description of the proposed supplemental instructional
services and supports that will be provided to the student that are
designed to remediate the identified area of reading deficiency;
4. That the student will not be promoted to the fourth grade if
the reading deficiency is not remediated by the end of the third
grade, unless the student is otherwise promoted as provided for in
subsection I of this section or is exempt for good cause as set forth
in subsection L of this section;
5. Strategies for parents to use in helping their child succeed
in reading proficiency;
6. The grade-level performance scores of the student;
7. That while the results of the statewide assessments
administered pursuant to Section 1210.508 of this title are the
initial determinant, they are not the sole determiner of promotion
and that portfolio reviews and assessments are available; and
8. The specific criteria and policies of the school district for
midyear promotion implemented as provided for in paragraph 4 of
subsection O of this section.
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K. No student may be assigned to a grade level based solely on
age or other factors that constitute social promotion.
L. For those students who do not meet the academic requirements
for promotion and who are not otherwise promoted as provided for in
subsection I of this section, a school district may promote the
student for good cause only. Good-cause exemptions for promotion
shall be limited to the following:
1. English language learners who have had less than two (2)
years of instruction in an English language learner program;
2. Students with disabilities whose individualized education
program (IEP), consistent with state law, indicates that the student
is to be assessed with alternate achievement standards through the
Oklahoma Alternate Assessment Program (OAAP);
3. Students who demonstrate an acceptable level of performance
on an alternative standardized reading assessment approved by the
State Board of Education;
4. Students who demonstrate, through a student portfolio, that
the student is reading on grade level as evidenced by demonstration
of mastery of the state standards beyond the retention level;
5. Students with disabilities who participate in the statewide
assessments administered pursuant to Section 1210.508 of this title
and who have an individualized education program that reflects that
the student has received intensive remediation in reading and has
made adequate progress in reading pursuant to the student's
individualized education program;
6. Students who have received intensive remediation in reading
through a program of reading instruction for two (2) or more years
but still demonstrate a deficiency in reading and who were previously
retained in prekindergarten for academic reasons, kindergarten, first
grade, second grade, or third grade; and
7. Students who have been granted an exemption for medical
emergencies by the State Department of Education.
M. A student who is otherwise promoted as provided for in
subsection I of this section or is promoted for good cause as
provided for in subsection L of this section shall be provided
intensive reading instruction that includes specialized diagnostic
information and specific reading strategies for each student until
the student meets grade-level targets in reading. The school
district shall assist schools and teachers to implement reading
strategies for the promoted students that research has shown to be
successful in improving reading among low-performing readers.
N. Requests to exempt students from the retention requirements
based on one of the good-cause exemptions as described in subsection
L of this section shall be made using the following process:
1. Documentation submitted from the teacher of the student to
the school principal that indicates the student meets one of the
good-cause exemptions and promotion of the student is appropriate.
*+,-11'121#+,, .;
In order to minimize paperwork requirements, the documentation shall
consist only of the alternative assessment results or student
portfolio work and the individual education plan (IEP), as
applicable;
2. The principal of the school shall review and discuss the
documentation with the teacher and, if applicable, the other members
of the Student Reading Proficiency Team as described in subsection E
of this section. If the principal determines that the student meets
one of the good-cause exemptions and should be promoted based on the
documentation provided, the principal shall make a recommendation in
writing to the school district superintendent; and
3. After review, the school district superintendent shall accept
or reject the recommendation of the principal in writing.
O. Each school district shall:
1. Conduct a review of the program of reading instruction for
all students who do not meet the performance criteria established by
the Commission for Educational Quality and Accountability on the
reading portion of the statewide assessment administered pursuant to
Section 1210.508 of this title and did not meet the criteria for one
of the good-cause exemptions as set forth in subsection L of this
section. The review shall address additional supports and services,
as described in this subsection, needed to remediate the identified
areas of reading deficiency. The school district shall require a
student portfolio to be completed for each retained student;
2. Provide to students who have been retained as set forth in
subsection I of this section with intensive interventions in reading,
intensive instructional services and supports to remediate the
identified areas of reading deficiency, including a minimum of ninety
(90) minutes of daily, uninterrupted, scientific-research-based
reading instruction. Retained students shall be provided other
strategies prescribed by the school district, which may include, but
are not limited to:
a. small group instruction,
b. reduced teacher-student ratios,
c. more frequent progress monitoring,
d. tutoring or mentoring,
e. transition classes containing third- and fourth-grade
students,
f. extended school day, week, or year, and
g. summer reading academies as provided for in Section
1210.508E of this title, if available;
3. Provide written notification to the parent or guardian of any
student who is to be retained as set forth in subsection I of this
section that the student has not met the performance criteria
required for promotion and was not otherwise promoted and the reasons
the student is not eligible for a good-cause exemption. The
notification shall include a description of proposed interventions
*+,-11'121#+,, .;)
and intensive instructional supports that will be provided to the
student to remediate the identified areas of reading deficiency;
4. Implement a policy for the midyear promotion of a retained
student who can demonstrate that the student is a successful and
independent reader, is reading at or above grade-level targets, and
is ready to be promoted to the fourth grade. Tools that school
districts may use in reevaluating any retained student may include
screening assessments, alternative assessments, and portfolio
reviews, in accordance with rules of the State Board of Education.
Retained students may only be promoted midyear prior to November 1
and only upon demonstrating that the student has met the performance
criteria established by the Commission for Educational Quality and
Accountability on the reading portion of the statewide third-grade
assessment administered pursuant to Section 1210.508 of this title,
or upon demonstrating proficiency in reading at the third-grade level
through a screening instrument administered pursuant to subsection B
of this section, and upon showing progress sufficient to master
appropriate fourth-grade-level skills, as determined by the school.
A midyear promotion shall be made only upon agreement of the parent
or guardian of the student and the school principal;
5. Provide students who are retained with a high-performing
teacher who can address the needs of the student, based on student
performance data and above-satisfactory performance appraisals; and
6. In addition to required reading enhancement and acceleration
strategies, provide students who are retained with at least one of
the following instructional options:
a. supplemental tutoring in scientific-research-based
reading services in addition to the regular reading
block, including tutoring before or after school,
b. a parent-guided "Read at Home" assistance plan, as
developed by the State Department of Education, the
purpose of which is to encourage regular parent-guided
home reading, or
c. a mentor or tutor with specialized reading training.
P. Beginning with the 2011-2012 school year, each school
district shall establish a Reading Enhancement and Acceleration
Development (READ) Initiative. The focus of the READ Initiative
shall be to prevent the retention of third-grade students by offering
intensive accelerated reading instruction to third-grade students who
failed to meet standards for promotion to fourth grade and to
kindergarten through third-grade students who are exhibiting a
reading deficiency. The READ Initiative shall:
1. Be provided to all kindergarten through third-grade students
at risk of retention as identified by the assessments administered
pursuant to the Reading Sufficiency Act. The assessment used shall
measure phonemic awareness, phonics, reading fluency, vocabulary, and
comprehension;
*+,-11'121#+,, .;!
2. Be provided during regular school hours in addition to the
regular reading instruction;
3. Provide a reading curriculum that, at a minimum, meets the
following specifications:
a. assists students assessed as exhibiting a reading
deficiency in developing the ability to read at grade
level,
b. provides skill development in phonemic awareness,
phonics, reading fluency, vocabulary, and
comprehension,
c. provides a scientific-research-based and reliable
assessment,
d. provides initial and ongoing analysis of the reading
progress of each student, and
e. is implemented during regular school hours,;
4. Establish at each school, where applicable, an Intensive
Acceleration Class for retained third-grade students who subsequently
do not meet the performance criteria established by the Commission
for Educational Quality and Accountability on the reading portion of
the statewide assessment administered pursuant to Section 1210.508 of
this title. The focus of the Intensive Acceleration Class shall be
to increase the reading level of a child at least two grade levels in
one (1) school year. The Intensive Acceleration Class shall:
a. be provided to any student in the third grade who does
not meet the performance criteria established by the
Commission for Educational Quality and Accountability
on the reading portion of the statewide assessments and
who was retained in the third grade the prior year
because of not meeting the performance criteria on the
reading portion of the statewide assessments,
b. have a reduced teacher-student ratio,
c. provide uninterrupted reading instruction for the
majority of student contact time each day and
incorporate opportunities to master the fourth-grade
state standards in other core subject areas,
d. use a reading program that is scientific-research-based
and has proven results in accelerating student reading
achievement within the same school year,
e. provide intensive language and vocabulary instruction
using a scientific-research-based program, including
use of a speech-language therapist, and
f. include weekly progress monitoring measures to ensure
progress is being made;
5. Provide reports to the State Board of Education, upon
request, on the specific intensive reading interventions and supports
implemented by the school district. The State Superintendent of
*+,-11'121#+,, .;
Public Instruction shall annually prescribe the required components
of the reports; and
6. Provide to a student who has been retained in the third grade
and has received intensive instructional services but is still not
ready for grade promotion, as determined by the school district, the
option of being placed in a transitional instructional setting. A
transitional setting shall specifically be designed to produce
learning gains sufficient to meet fourth-grade performance standards
while continuing to remediate the areas of reading deficiency.
Q. 1. Each school district board of education shall annually
publish on the school website, and report in writing to the State
Board of Education by September 1 of each year, the following
information on the prior school year:
a. the provisions of this section relating to public
school student progression and the policies and
procedures of the school district on student retention
and promotion,
b. the number and percentage of all students in grade
three that did not meet the performance criteria
established by the Commission for Educational Quality
and Accountability on the reading portion of the
statewide assessment administered pursuant to Section
1210.508 of this title,
c. by grade, the number and percentage of all students
retained in grades three through ten,
d. information on the total number and percentage of
students who were promoted for good cause, by each
category of good cause as specified above, and
e. any revisions to the policies of the school district on
student retention and promotion from the prior year.
2. The State Department of Education shall establish a uniform
format for school districts to report the information required in
this subsection. The format shall be developed with input from
school districts and shall be provided not later than ninety (90)
days prior to the annual due date. The Department shall annually
compile the information required, along with state-level summary
information, and report the information to the public, the Governor,
the President Pro Tempore of the Senate, and the Speaker of the House
of Representatives.
R. The State Department of Education shall provide technical
assistance as needed to aid school districts in administering the
provision of the Reading Sufficiency Act.
S. On or before January 31 of each year, the State Department of
Education shall issue to the Governor, the President Pro Tempore of
the Senate, the Speaker of the House of Representatives and members
of the Senate and House of Representatives Education Committees a
Reading Sufficiency Report which shall include, but is not limited
*+,-11'121#+,, .;"
to, trend data detailing three (3) years of data, disaggregated by
student subgroups to include economically disadvantaged, major racial
or ethnic groups, students with disabilities, and English language
learners, as appropriate for the following:
1. The number and percentage of students in kindergarten through
third grade determined to be at risk for reading difficulties
compared to the total number of students enrolled in each grade;
2. The number and percentage of students in kindergarten who
continue to be at risk for reading difficulties as determined by the
year-end measurement of reading progress;
3. The number and percentage of students in kindergarten through
third grade who have successfully completed their program of reading
instruction and are reading on grade level as determined by the
results of approved reading assessments;
4. The number and percentage of students that meet or do not
meet the performance criteria established by the Commission for
Educational Quality and Accountability on the reading portion of the
statewide third-grade assessment administered pursuant to Section
1210.508 of this title;
5. The number of students tested, the number of students
promoted through meeting proficiency on a screening instrument as
provided for in subsection I of this section, the number of students
promoted through each of the good-cause exemptions as provided for in
subsection L of this section and the number of students retained and
the number of students promoted through probationary promotion as
provided for in subsection I of this section for each elementary
site;
6. Data tracking the progression of students promoted through
each of the good-cause exemptions as provided for in subsection L of
this section and students promoted through probationary promotion or
students who are retained in third grade as provided for in
subsection I of this section. The data shall include but not be
limited to information regarding whether students graduate on time;
7. The amount of funds for reading remediation received by each
district;
8. An evaluation and narrative interpretation of the report data
analyzing the impact of the Reading Sufficiency Act on students'
ability to read at grade level;
9. The type of reading instruction practices and methods
currently being used by school districts in the state;
10. Socioeconomic information, access to reading resources
outside of school and screening for and identification of learning
disabilities for students not reading at the appropriate grade level
by third grade;
11. The types of intensive remediation efforts being conducted
by school districts to identify best practices for students that are
*+,-11'121#+,, .;
not reading at the appropriate grade level and are not retained under
the provisions of this section; and
12. Any recommendations for improvements or amendments to the
Reading Sufficiency Act.
The State Department of Education may contract with an
independent entity for the reporting and analysis requirements of
this subsection.
T. Copies of the results of the assessments administered shall
be made a part of the permanent record of each student.
Added by Laws 1997, c. 349, § 3, eff. July 1, 1997. Amended by Laws
1998, c. 332, § 1, eff. July 1, 1998; Laws 1999, c. 176, § 2, eff.
July 1, 1999; Laws 2001, c. 421, § 2, eff. July 1, 2001; Laws 2004,
c. 197, § 2, eff. July 1, 2004; Laws 2005, c. 1, § 124, emerg. eff.
March 15, 2005; Laws 2005, c. 431, § 3, eff. Sept. 1, 2005; Laws
2011, c. 171, § 1; Laws 2012, c. 171, § 1, eff. July 1, 2012; Laws
2012, c. 250, § 1; Laws 2013, c. 15, § 96, emerg. eff. April 8, 2013;
Laws 2014, c. 323, § 1, emerg. eff. May 21, 2014; Laws 2014, c. 430,
§ 10, emerg. eff. June 5, 2014; Laws 2015, c. 54, § 35, emerg. eff.
April 10, 2015; Laws 2015, c. 364, § 1, eff. July 1, 2015; Laws 2016,
c. 360, § 7, eff. July 1, 2016; Laws 2017, c. 213, § 1, emerg. eff.
May 5, 2017; Laws 2019, c. 289, § 2, eff. July 1, 2019.
NOTE: HB 2625, Laws 2014, c. 323 was vetoed by the Governor on May
20, 2014. The veto was overridden on May 21, 2014.
NOTE: Laws 2004, c. 175, § 1 repealed by Laws 2005, c. 1, § 125,
emerg. eff. March 15, 2005. Laws 2012, c. 354, § 9 repealed by Laws
2013, c. 15, § 97, emerg. eff. April 8, 2013. Laws 2014, c. 344, § 2
repealed by Laws 2015, c. 54, § 36, emerg. eff. April 10, 2015. Laws
2017, c. 210, § 1 repealed by Laws 2018, c. 304, § 21, emerg. eff.
May 10, 2018.
§70-1210.508D. Funding.
A. Contingent on the provision of appropriated funds designated
for the Reading Sufficiency Act, school districts may be allocated
monies for each enrolled kindergarten student or first-, second- and
third-grade student of the current school year, including any student
who has been retained in the third grade pursuant to Section
1210.508C of this title, who is found to be in need of remediation or
intervention in reading. The allocation shall be distributed to each
school district upon approval of the reading sufficiency plan for the
school district by the State Department of Education and the
submittal of a child-count report to the Department that details the
number of students identified as needing remediation or intervention
in reading. To determine a per-student allocation amount, the total
amount of funds available for allocation each year shall be divided
by the total number of students in the state identified as in need of
remediation or intervention in reading as provided for in Section
1210.508C of this title. Each school district shall be allocated an
*+,-11'121#+,, .;)
amount equal to the per-student allocation amount multiplied by the
number of identified students enrolled in the school district.
B. The State Board of Education shall promulgate rules for the
administration of reimbursements.
C. If a teacher attends and completes a professional development
institute in elementary reading approved by the Oklahoma Commission
for Teacher Preparation during the summer or when school is not in
session, the teacher may receive a stipend equal to the amount of the
cost for a substitute teacher, based on the amount of funds
allocated.
Added by Laws 1998, c. 332, § 2, eff. July 1, 1998. Amended by Laws
1999, c. 304, § 1, eff. July 1, 1999; Laws 2000, c. 289, § 4, eff.
July 1, 2000; Laws 2005, c. 242, § 21, eff. July 1, 2005; Laws 2008,
c. 387, § 1, eff. July 1, 2008; Laws 2011, c. 171, § 2; Laws 2012, c.
171, § 2, eff. July 1, 2012.
§70-1210.508E. Parental notification - Grade promotion - Summer
academy programs - Expansion of requirements.
A. If a teacher determines that a third-grade student is not
reading at grade level by the end of the second quarter of the school
year, the parent or guardian of the student shall be notified of:
1. The reading level of the student;
2. The program of reading instruction for the student as
required pursuant to the Reading Sufficiency Act; and
3. The potential need for the student to participate in a summer
academy or other program designed to assist the student in attaining
grade-level reading skills.
B. A teacher who determines a third-grade student is unable to
meet competencies required for reading for completion of third grade
and promotion to fourth grade may, after consultation with the parent
or guardian of the student, recommend that the promotion of the
student to the fourth grade is contingent upon the participation in
and successful completion of the required competencies for reading by
the student at a summer academy or other program. If the student
does not participate in the summer academy or other program or does
not successfully complete the competencies in the summer academy or
other program, the student shall be retained in the third grade as
set forth in Section 1210.508C of this title.
C. Summer academy programs shall be designed to ensure that
participating students successfully complete the competencies
necessary in reading for promotion to fourth grade and to enhance
next-grade readiness. A summer academy reading program shall be a
program that incorporates the content of a scientifically research-
based professional development program administered by the Oklahoma
Commission for Teacher Preparation or a scientifically research-based
reading program administered by the State Board of Education and is
taught by teachers who have successfully completed professional
*+,-11'121#+,, .;)
development in the reading program or who are certified as reading
specialists.
D. School districts may approve an option for students who are
unable to attend a summer academy. The optional program may include,
but is not limited to, an approved private provider of instruction,
approved computer- or Internet-based instruction, or an approved
program of reading instruction monitored by the parent or guardian.
School districts shall not be required to pay for the optional
program, but shall clearly communicate to the parent or guardian the
expectations of the program and any costs that may be involved.
E. Subject to the availability of funds, beginning one (1) year
after implementation of this section, the requirements of subsection
B of this section may be expanded to apply to fourth-grade student
promotion to fifth grade. Each year thereafter, the requirements may
be expanded by one grade level until the requirements apply to third-
grade students through eighth-grade students. Summer academy
programs shall be designed for each grade level. Nothing in this
section shall prevent the State Board of Education or a school
district board of education from utilizing private, local, or federal
funds to implement this section.
F. The State Board of Education shall adopt rules to implement
the provisions of this section which shall include requirements for
instructional time for summer school programs, teacher
qualifications, and evaluation of student achievement as a result of
summer academy programs or other optional programs.
Added by Laws 1999, c. 320, § 54, eff. July 1, 1999. Amended by Laws
2001, c. 201, § 7; Laws 2002, c. 212, § 2, eff. July 1, 2002; Laws
2003, c. 434, § 25; Laws 2005, c. 385, § 3; Laws 2006, c. 146, § 2,
emerg. eff. May 12, 2006; Laws 2008, c. 387, § 2, eff. July 1, 2008;
Laws 2011, c. 171, § 3; Laws 2012, c. 171, § 3, eff. July 1, 2012.
§70-1210.508F. Reading competencies for teachers - Training
requirements.
A. The State Board of Education shall ensure that the reading
competencies for elementary teachers are included in the competencies
for special education teachers.
B. The State Board of Education and the Commission for
Educational Quality and Accountability in collaboration with the
Oklahoma State Regents for Higher Education shall ensure that all
teachers of early childhood education, elementary education and
special education are provided quality training in intervention,
instruction and remediation strategies in order to meet the needs of
students in kindergarten through third grade who are determined to be
at risk of reading difficulties. In addition, quality education for
prospective teachers shall be provided in research-based
instructional strategies for instruction, assessment and intervention
for literacy development for all students, including advanced
*+,-11'121#+,, .;)$
readers, typically developing readers and struggling readers who are
coping with a range of challenges, including, but not limited to,
English learners and learners with handicapping conditions and
learning disabilities (including dyslexia). Quality training shall
include guidance from professional resources such as the Report of
the National Reading Panel, Response to Intervention guidelines and
professional organizations such as the Council for Exceptional
Children, International Dyslexia Association, International Literacy
Association, National Council of Teachers of English and National
Association for the Education of Young Children.
C. All institutions within The Oklahoma State System of Higher
Education that offer elementary, early childhood education or special
education programs approved by the Commission for Educational Quality
and Accountability shall incorporate into those programs the
requirement that teacher candidates study the five elements of
reading instruction which are phonemic awareness, phonics, reading
fluency, vocabulary and comprehension. Teacher candidates shall
study strategies including, but not limited to, instruction that is
explicitly taught, sequenced, multimodal (reading, writing, speaking,
listening, hands-on, etc.), multidisciplinary and reflective to adapt
for individual learners.
D. Effective July 1, 2010, teacher candidates enrolled in an
institution within The Oklahoma State System of Higher Education in a
special education program approved by the Commission for Educational
Quality and Accountability shall pass, prior to graduation, a
comprehensive assessment to measure their teaching skills in the area
of reading instruction. The assessment shall be developed and
administered by the institutions that offer special education
programs that lead to certification. The assessment shall measure
the knowledge and understanding of the teacher candidate in the
teaching of the five elements of reading instruction which are
phonemic awareness, phonics, reading fluency, vocabulary and
comprehension. The results of the assessment shall be reported
annually by the institution to the Commission for Educational Quality
and Accountability as a part of the required annual report for the
institution. The Commission shall include the data in the annual
report to the Oklahoma Legislature as required pursuant to Section 6-
186 of this title. It is the intent of the Legislature to ensure
that teachers graduating from institutions within The Oklahoma State
System of Higher Education have the knowledge and skills to
effectively teach reading to all children.
Added by Laws 2005, c. 431, § 4, eff. Sept. 1, 2005. Amended by Laws
2009, c. 97, § 1, eff. July 1, 2009; Laws 2017, c. 60, § 1, eff. July
1, 2017; Laws 2019, c. 208, § 1, eff. July 1, 2019.
§70-1210.508G. Repealed by Laws 2017, c. 210, § 2, emerg. eff. May
5, 2017, and Laws 2017, c. 213, § 2, emerg. eff. May 5, 2017.
*+,-11'121#+,, .;)(
§70-1210.509. In-service training for test administrator - Report of
test results - Use of results.
A. The Department shall provide in-service training for local
school personnel who administer tests required by the Oklahoma School
Testing Program Act, Section 1210.505 et seq. of this title.
B. The Board shall require the company or companies providing
tests required bythe Oklahoma School Testing Program Act, Section
1210.505 et seq. of this title, to submit summary reports of the
results by school district to the Department and the respective local
school district. Individualized results of the test shall be made
available by the local school district to the classroom teachers who
instruct the students in the academic areas tested. In every year,
prior to the convening of the Legislature, the Board shall give a
summary report on the testing results to the Governor, the Speaker of
the House of Representatives and the President Pro Tempore of the
Senate.
Added by Laws 1985, c. 329, § 8, emerg. eff. July 30, 1985. Amended
by Laws 1989, c. 335, § 11, eff. July 1, 1989.
§70-1210.510. Repealed by Laws 1989, c. 335, § 24, eff. July 1,
1989.
§70-1210.511. Projective psychological, personality or adjustment
tests prohibited - Testing limited by individualized education plan.
A. Tests administered pursuant to the provisions of the Oklahoma
School Testing Program Act, Section 1210.505 et seq. of this title,
shall not include the use of projective psychological, personality,
or adjustment tests for the purpose of collecting information
relative to the personality, environment, home life, parental or
family relationships, economic status, religious beliefs, patriotism,
sexual behavior or attitudes, or sociological problems of a student.
B. A student whose education is subject to the provisions of an
individualized education plan (IEP) pursuant to Public Law 94-142, as
amended, shall be tested pursuant to the provisions of the Oklahoma
School Testing Program Act, Section 1210.505 et seq. of this title,
only to the extent specified by the student's individualized
education plan.
Added by Laws 1985, c. 329, § 10, emerg. eff. July 30, 1985. Amended
by Laws 1989, c. 335, § 12, eff. July 1, 1989.
§70-1210.512. Provision of test materials prior to testing date -
Misdemeanor - Penalty.
A. Except as otherwise provided for in subsection B of this
section, no person shall provide any test materials, including but
not limited to test booklets, administered or intended for
administration to any student pursuant to the Oklahoma School Testing
*+,-11'121#+,, .;)
Program Act to any teacher employed by any school district in this
state or to any other person providing services to a school as a test
monitor prior to the date on which the test is administered to the
students.
B. Materials furnished by any company providing tests required
by the Oklahoma School Testing Program Act, Section 1210.505 et seq.
of this title, which are intended to aid teachers, parents or
students in the preparation for testing may be provided to students,
teachers or any other person providing service to a school as a test
monitor.
C. Any person providing any test to a teacher or test monitor in
violation of subsection A of this section, upon conviction, shall be
guilty of a misdemeanor, punishable by the imposition of a fine not
exceeding Two Thousand Five Hundred Dollars ($2,500.00).
Added by Laws 1990, c. 293, § 1, eff. Sept. 1, 1990. Amended by Laws
1992, c. 292, § 2, eff. July 1, 1992; Laws 1995, c. 188, § 3, eff.
July 1, 1995.
§70-1210.513. Participation in National Assessment of Educational
Progress – Evaluation of state core curriculum standards.
A. In order to assist in the nation's evaluation of the
condition and progress of education, and in order to provide
comparative interstate information on student performance, beginning
July 1, 1997, the State Board of Education shall ensure the
participation of the Oklahoma public school system in the National
Assessment of Educational Progress. The results of this assessment
shall be included as a separate result in annual reports on the
Oklahoma State Testing Program.
B. The State Department of Education shall utilize the services
of at least one qualified independent entity to conduct an evaluation
of the state core curriculum standards at every grade level or, in
high school for every subject, in which a criterion-referenced test
is administered, and shall report the results to the Legislature by
February 1, 2000.
Added by Laws 1997, c. 355, § 4, eff. July 1, 1997. Amended by Laws
1999, c. 356, § 5, eff. July 1, 1999; Laws 2000, c. 251, § 2, eff.
July 1, 2000.
§70-1210.514. Repealed by Laws 1999, c. 356, § 6, eff. July 1, 1999.
§70-1210.515. Applicants under 18 years applying for driver license
or permit - Demonstration of satisfactory reading ability - Criteria
- Alternative reading proficiency tests.
A. Pursuant to the provisions of paragraph 2 of subsection A of
Section 6-107.3 of Title 47 of the Oklahoma Statutes, any person
under the age of eighteen (18) years wishing to apply for a driver
license or permit shall successfully demonstrate a satisfactory
*+,-11'121#+,, .;))
reading ability at the eighth-grade reading level by meeting the
following criteria:
1. A student enrolled in a public school shall successfully
complete the reading portion of the statewide assessment administered
pursuant to Section 1210.508 of this title and that is offered in the
eighth grade. Following the administration of this assessment in the
eighth grade, any student not successfully completing the reading
portion shall be assigned a plan of remedial reading. Any student
not successful in completing the reading portion of the state
assessment may take a comparable alternative reading proficiency test
in order to satisfy the criteria for a driver license or permit.
Alternative reading proficiency tests shall be approved by the State
Department of Education. Subsequent successful completion of an
alternative reading proficiency test shall serve to satisfy any
retake requirement for the reading portion of the state assessment in
the eighth grade in the Oklahoma School Testing Program. School
districts shall notify, in writing, each student who takes the
reading portion of the state assessment for the eighth grade or who
takes an alternative reading proficiency test and the student's
parent or legal guardian of the results. If the student fails to
perform satisfactorily on the test, the notice shall inform the
student of the reading proficiency driver license requirement and the
school's remediation plan for the student. Upon the student's
successful completion of the test, the school shall furnish the
student with the documentation needed for the driver license
application in Oklahoma;
2. Unless alternatively documented according to the provisions
of subsection C of this section, students under the age of eighteen
(18) years shall successfully complete a reading proficiency test
approved by the State Department of Education; and
3. Any student who wishes to apply for a restricted license to
operate a motorcycle may take an alternative reading proficiency
test, subject to the provisions of this section.
B. Alternative reading proficiency tests shall be offered by
testing sites, which shall include the public schools at least four
times per calendar year, and may include any of the following which
chose to participate, the technology center school districts,
Regional Education Service Centers, colleges, accredited private
schools, and other sites approved by the State Department of
Education. A student may take the test as often as wished, subject
to the provisions of this section. Testing sites shall provide the
first alternative reading proficiency test for each student at no
cost to the student. Students may be assessed a fee not to exceed
Twenty-five Dollars ($25.00) by the testing site for each subsequent
alternative reading proficiency test taken.
C. A school district shall provide for alternative documentation
of reading proficiency for the purposes of paragraph 2 of subsection
*+,-11'121#+,, .;)!
A of Section 6-107.3 of Title 47 of the Oklahoma Statutes for any
student with an individualized education program that, at a minimum,
is in an area related to reading. The alternative documentation
shall be furnished to such student who is performing satisfactorily
in reading pursuant to the individualized education program of the
student. Parents of disabled students educated pursuant to the
provisions of Section 4 of Article XIII of the Oklahoma Constitution
may satisfy the requirement of paragraph 2 of subsection A of Section
6-107.3 of Title 47 of the Oklahoma Statutes by signing an affidavit
that, based upon their best information and belief, their child would
qualify for an individualized education program that, at a minimum,
is in an area related to reading if enrolled in public school, and
that in their judgment their child is performing satisfactorily in
reading and is therefore academically qualified to satisfy the
requirement of paragraph 2 of subsection A of Section 6-107.3 of
Title 47 of the Oklahoma Statutes.
D. Any person under the age of eighteen (18) who has previously
completed and successfully passed a reading proficiency test from
another state may submit the results of such test to the State
Department of Education for verification and approval. The State
Department of Education shall have thirty (30) days from receipt of
the reading proficiency results submitted by the person to verify
that the reading proficiency requirements from the other state are
equivalent or comparable to the reading proficiency requirements
established for Oklahoma students pursuant to this section. Upon
verification and approval by the State Department of Education, the
Department shall furnish the person with the documentation needed for
the driver license application in Oklahoma. If the reading
proficiency documentation submitted by the person is disapproved by
the Department, the person may take an alternative reading
proficiency test as provided for in subsection B of this section.
Added by Laws 1998, c. 190, § 3, eff. July 1, 1998. Amended by Laws
2001, c. 33, § 131, eff. July 1, 2001; Laws 2004, c. 197, § 3, eff.
July 1, 2004; Laws 2013, c. 337, § 1, eff. Nov. 1, 2013; Laws 2016,
c. 360, § 8, eff. July 1, 2016.
§70-1210.516. Oklahoma Bridge to Literacy Program - Applications.
A. The State Board of Education shall establish the Oklahoma
Bridge to Literacy Program. The purpose of the Program is to improve
reading skills of children up through the fourth grade, as measured
by mastery of the skills identified in the subject matter standards
adopted by the State Board of Education, by training and assisting
private entities, as defined in subsection C of this section, to
offer reading instruction to children before school, after school, on
Saturdays and during summer periods.
B. The State Department of Education shall issue a request for
proposals on or before October 1, 2012, and each October 1 thereafter
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for which the Oklahoma Bridge to Literacy Program is funded, seeking
applications for the Oklahoma Bridge to Literacy Program. The
Department shall review the applications for compliance with the
established requirements.
C. Private entities eligible to submit applications for the
Oklahoma Bridge to Literacy Program shall include the following:
1. Nonprofit organizations or programs which are exempt from
taxation pursuant to the provisions of Section 501(c)(3) of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3);
2. Community-based programs, centers, organizations or services
which maintain community participation or supervision in their
planning, operation and evaluation; and
3. Churches or religious organizations, associations, or
societies or nonprofit organizations or programs operated, supervised
or controlled by or in conjunction with a religious organization,
association or society.
D. The State Board of Education may approve applications that
meet the requirements set forth in this subsection and as established
by the Board. Approved applications shall establish reading programs
for children up through the fourth grade. The reading programs may
be offered before school, after school, on Saturdays or during summer
periods. The reading programs shall offer reading instruction
designed to enable the children to acquire the appropriate level
reading skills and shall provide diagnostic assessments and
measurement of reading skills to determine reading success. The
reading program shall focus on the acquisition of reading skills
including, but not limited to, phonological awareness, phonics,
spelling, reading fluency, vocabulary, and comprehension.
E. On or before December 1, 2012, and each December 1 thereafter
for which the Oklahoma Bridge to Literacy Program is funded, the
Department shall forward applications that the Department has
determined meet the requirements of this section to the Board. On or
before February 1, 2013, and each February 1 thereafter for which the
Oklahoma Bridge to Literacy Program is funded, the Board shall award,
through a competitive bid process, one or more grants to private
entities to provide reading instruction programs through the Oklahoma
Bridge to Literacy Program. To the extent possible, grants shall be
awarded on a statewide basis. The grant funding shall be used to
provide the reading instruction program, provide employees and
volunteers for the program and to purchase materials for the program.
F. In addition to the grant funding, the Department shall
provide to the private entities awarded grants pursuant to this
section the following:
1. Reading instruction training, academies or courses designed
to train the private entity employees or volunteers in reading
instruction and remediation strategies;
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2. Resources and materials on reading instruction and
remediation; and
3. Any other appropriate assistance.
G. The Board shall provide for independent evaluations of
programs funded pursuant to this section.
H. Beginning June 30, 2013, and each year thereafter for which
the Oklahoma Bridge to Literacy Program is funded, the Board shall
prepare and submit a report to the Governor, the Speaker of the House
of Representatives and the President Pro Tempore of the Senate
containing:
1. Descriptions of the reading programs approved and funded
through the Oklahoma Bridge to Literacy Program;
2. Number and amount of grants awarded;
3. Number of children served through approved programs; and
4. Achievement data for children served through approved
programs.
Added by Laws 2012, c. 318, § 1, eff. July 1, 2012. Amended by Laws
2014, c. 430, § 11, emerg. eff. June 5, 2014.
§70-1210.521. Repealed by Laws 2016, c. 360, § 12, eff. July 1,
2016.
§70-1210.522. Repealed by Laws 2016, c. 360, § 12, eff. July 1,
2016.
§70-1210.523. Repealed by Laws 2016, c. 360, § 12, eff. July 1,
2016.
§70-1210.524. Scientifically based research.
Every school district, school, administrator, teacher, and
student of the public school system in this state may choose to
participate in scientifically based research designed for the purpose
of improving academic achievement in accordance with all relevant
state and federal laws.
The State Board of Education shall adopt rules necessary to
implement the provisions of this section.
Added by Laws 2005, c. 432, § 13, eff. July 1, 2005.
§70-1210.525. Repealed by Laws 2016, c. 360, § 12, eff. July 1,
2016.
§70-1210.526. Repealed by Laws 2016, c. 360, § 12, eff. July 1,
2016.
§70-1210.527. Mentorship programs.
A. The State Department of Education shall encourage school
boards and districts to develop mentorship programs aimed at reducing
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drop-out rates. The goal of these programs shall be to identify
middle school and high school students who are at a high risk for
leaving school before they obtain their high school diploma and
providing these students with comprehensive prevention and
intervention programs.
B. Mentors should work with identified students to assist in the
following:
1. Transitioning from middle school to high school;
2. Creation of personal graduation plans;
3. Counseling of students on the consequences of dropping out;
4. Beginning career exploration with students at an earlier age;
5. Informing parents and students regarding the impact of middle
school grades on high school placement and achievement;
6. Providing students with guidance in selecting courses; and
7. Providing students with tutoring and extra academic
assistance as needed.
Added by Laws 2009, c. 91, § 1, eff. July 1, 2009.
§70-1210.528. Short title - Apprenticeships, Internships and
Mentorships (AIM) Act of 2016.
This act shall be known and may be cited as the "Apprenticeships,
Internships and Mentorships (AIM) Act of 2016".
Added by Laws 2016, c. 244, § 1, eff. Nov. 1, 2016.
§70-1210.528-1. Authority to create AIM programs.
A. Beginning with the 2017-2018 school year, the governing body
of each public, private, magnet, charter or virtual charter school in
this state (the school) is authorized to enter into an agreement with
private or public organizations for the purpose of creating
apprenticeship, internship and mentorship programs. Apprenticeships,
internships and mentorships may be available to high school juniors
and seniors as permitted by each school. The apprenticeship,
internship or mentorship may fill the requirement of elective courses
as the student's schedule permits. A student may not use the
apprenticeship, internship or mentorship to replace any other state
education requirement.
B. The governing body of each school shall have the authority to
adopt policies regarding the creation of apprenticeships, internships
and mentorships that include the registration and qualifications for
private or public organizations to participate in the apprenticeship,
internship or mentorship program.
Added by Laws 2016, c. 244, § 2, eff. Nov. 1, 2016.
§70-1210.528-2. Promulgation of rules.
The State Department of Education shall promulgate rules to carry
out the provisions of the Apprenticeships, Internships and
Mentorships (AIM) Act of 2016.
*+,-11'121#+,, .;!
Added by Laws 2016, c. 244, § 3, eff. Nov. 1, 2016.
§70-1210.531. Oklahoma Educational Indicators Program.
A. The Commission for Educational Quality and Accountability
shall establish an Oklahoma Educational Indicators Program. The
purpose of the Program shall be to develop and implement a system of
measures whereby the performance of public schools and school
districts is assessed and reported without undue reliance upon any
single type of indicator, and whereby the public, including students
and parents, may be made aware of the proper meaning and use of any
tests administered under the Oklahoma School Testing Program Act,
relative accomplishments of the public schools, and of progress being
achieved. The Commission shall involve representatives of school
teachers and of school administrators in the development of the
Program. The Program shall be so designed that use of standardized
definitions and measures and opportunities for coordination with
national reports, including those of the National Assessment of
Educational Progress, are maximized.
B. The Oklahoma Educational Indicators Program shall present
information for comparisons of graduation rates, dropout rates,
pupil-teacher ratios, student enrollment gain and loss rates, and
test results in the contexts of socioeconomic status and the finances
of school districts. Information shall be provided individually for
all public school sites and school districts in a format that
facilitates comparisons. As necessary data become available,
comparisons shall also be provided individually for all schools and
school districts on a historical basis. Reports of all tests
administered pursuant to the Oklahoma School Testing Program Act
shall be a part of the Oklahoma Educational Indicators Program and
shall be provided for each grade and each test subject or set of
competencies. Test results for students enrolled in Internet-based
courses, including regularly enrolled and alternative education
students, shall be disaggregated and reported. The Commission for
Educational Quality and Accountability shall seek to develop and
incorporate additional indicators of comparative standing and
accomplishment.
C. Additionally, the Commission for Educational Quality and
Accountability, with the cooperation of the State Department of
Education, the Oklahoma State Regents for Higher Education, and the
State Board of Career and Technology Education, shall develop
procedures for obtaining and reporting data to the high schools and
to the general public regarding the performance of each high school's
graduates in Oklahoma's institutions of higher education and in
postsecondary vocational-technical education. The Commission for
Educational Quality and Accountability shall include such data in the
report of the Oklahoma Educational Indicators Program.
*+,-11'121#+,, .;!
D. By February 1 of each year the Commission for Educational
Quality and Accountability shall publish:
1. A summary report to the people and Legislature of Oklahoma of
the information provided by the Oklahoma Educational Indicators
Program; and
2. State, district, and site level reports which shall include
the percentage of students who perform at the various levels on the
tests required by the Oklahoma State Testing Program.
Immediately following the publication of the reports required in this
subsection each year, all data gathered pursuant to the Oklahoma
Educational Indicators Program shall be made available for public
inspection at the Office of Educational Quality and Accountability.
The confidentiality of individual student records shall be preserved
as required by law.
Added by Laws 1989, c. 335, § 13, eff. July 1, 1989. Amended by Laws
1989, 1st Ex.Sess., c. 2, § 21, emerg. eff. April 25, 1990; Laws
1990, c. 263, § 64, operative July 1, 1990; Laws 1992, c. 248, § 1,
eff. July 1, 1992; Laws 1994, c. 232, § 6, emerg. eff. May 25, 1994;
Laws 1997, c. 191, § 4, eff. July 1, 1997; Laws 1999, c. 356, § 3,
eff. July 1, 1999; Laws 2001, c. 33, § 132, eff. July 1, 2001; Laws
2002, c. 453, § 5, eff. July 1, 2002; Laws 2012, c. 223, § 14, eff.
July 1, 2013.
§70-1210.541. Student performance level - Accountability system.
A. The Commission for Educational Quality and Accountability
shall determine and adopt a series of student performance levels and
the corresponding cut scores pursuant to the Oklahoma School Testing
Program Act.
B. The Commission for Educational Quality and Accountability
shall have the authority to set cut scores using any method which the
State Board of Education was authorized to use in setting cut scores
prior to July 1, 2013.
C. The performance levels shall be set by a method that
indicates students are ready for the next grade, course, or level of
education, as applicable. The Commission for Educational Quality and
Accountability shall establish panels to review and revise the
performance level descriptors for each subject and grade level. The
Commission shall ensure that the assessments developed and
administered by the State Board of Education pursuant to the Oklahoma
School Testing Program Act in grades three through eight and at the
secondary level are vertically aligned by content across grade levels
to ensure consistency, continuity, alignment and clarity. The
Commission shall adopt performance levels that are labeled and
defined as follows:
1. Advanced, which shall indicate that students demonstrate
superior performance on challenging subject matter;
*+,-11'121#+,, .;!$
2. Proficient, which shall indicate that students demonstrate
mastery over challenging grade-level subject matter, can analyze and
apply such knowledge to real-world situations, that students are
ready for the next grade, course, or level of education and that
students are on track to be ready for college or career;
3. Basic, which shall indicate that students demonstrate partial
mastery of the essential knowledge and skills that are foundational
for proficient work at their grade level or course and that students
are not on track to be ready for college or career; and
4. Below basic, which shall indicate that students have not
performed at least at the basic level.
D. The State Board of Education shall develop and implement in
accordance with the Elementary and Secondary Education Act of 1965
(ESEA), as reauthorized and amended by P.L. No. 114-95, also known as
the Every Student Succeeds Act (ESSA), an accountability system as
provided for in 20 U.S.C., 6311 and any related federal regulations.
The accountability system shall be implemented beginning with the
2002-2003 school year and shall be based on the data as established
pursuant to Section 1210.545 of this title and as modified to meet
the mandates of the ESEA. For the 2002-2003 school year and every
year thereafter the State Board of Education shall publish and ensure
that each local education agency is provided with data annually by
site so that the local education agency can make determinations to
identify schools for rewards, and supports and interventions. The
State Board of Education shall establish a system of recognition,
rewards, interventions and technical assistance, as required by state
law and the Elementary and Secondary Education Act of 1965 (ESEA) as
reauthorized and amended by P.L. No. 114-95, also known as the Every
Student Succeeds Act (ESSA).
E. A school that is identified as in need of improvement by the
State Board of Education pursuant to this section, because of failure
to meet either an academic performance target or an attendance or
graduation performance target, or both, and is identified as in need
of improvement pursuant to the Elementary and Secondary Education Act
of 1965 (ESEA), as reauthorized and amended by P.L. No. 114-95, also
known as the Every Student Succeeds Act (ESSA), shall utilize the
assistance of a school support team or other similar team formed by
the State Department of Education to provide support for schools in
need of improvement, subject to school support team capacity. The
school support team shall review and analyze all facets of operation
of the school including the design and operation of the instructional
program. The school support team shall assist the school in:
1. Incorporating strategies based on scientifically based
research that will strengthen the core academic subjects in the
school and address the specific academic issues that caused the
school to be identified for school improvement;
*+,-11'121#+,, .;!(
2. Incorporating strategies to promote high quality professional
development; and
3. Training teachers to analyze classroom and school-level data
and use the data to inform instruction.
Added by Laws 1989, c. 335, § 14, eff. July 1, 1989. Amended by Laws
1992, c. 248, § 2, eff. July 1, 1992; Laws 1993, c. 257, § 13, emerg.
eff. May 26, 1993; Laws 1996, c. 343, § 4, eff. July 1, 1996; Laws
1999, c. 356, § 4, eff. July 1, 1999; Laws 2000, c. 306, § 2, eff.
July 1, 2000; Laws 2001, c. 413, § 5, eff. July 1, 2001; Laws 2003,
c. 428, § 3, eff. July 1, 2003; Laws 2009, c. 26, § 1, eff. July 1,
2009; Laws 2009, c. 456, § 12, eff. July 1, 2009; Laws 2012, c. 223,
§ 15, eff. July 1, 2013; Laws 2013, c. 83, § 16, eff. July 1, 2013;
Laws 2014, c. 163, § 1; Laws 2016, c. 360, § 9, eff. July 1, 2016;
Laws 2017, c. 131, § 1, eff. July 1, 2017; Laws 2018, c. 200, § 1.
NOTE: Laws 1992, c. 281, § 3 repealed by Laws 1992, c. 373, § 22,
eff. July 1, 1992.
§70-1210.542. Repealed by Laws 1999, c. 241, § 4, eff. June 1, 1999,
and by Laws 1999, c. 356, § 6, eff. July 1, 1999.
§70-1210.543. Full state intervention - Administrative order -
Notice - Meeting.
A. Whenever the State Board of Education determines that an
elementary school district, as defined in Section 5-103 of Title 70
of the Oklahoma Statutes, has failed to meet financial requirements
for school districts or accreditation standards which negatively
affects education or could result in the elementary school district
not being able to operate for the remainder of the year, the Board
may issue an administrative order placing the elementary school
district under full state intervention. Prior to an order for full
state intervention being issued by the Board, the State Department of
Education shall notify the elementary school district that full state
intervention is likely. The elementary school district shall have
the opportunity to appear before the State Board of Education by
filing a request within fifteen (15) days of receipt of the notice.
At the meeting, the elementary school district administration, school
patrons, and board of education members shall have an opportunity to
provide information to the Board. The Board may issue an order
calling for full state intervention which shall become effective
immediately unless the order is stayed by a court of competent
jurisdiction. The order shall be effective for not more than two (2)
school years. The order may be extended upon review of the Board.
Any appeal of the order shall be made to the district court of the
county in which the elementary school district is located.
B. Full state intervention by the State Board of Education may
include:
*+,-11'121#+,, .;!
1. Developing and imposing a corrective action plan for the
elementary school district;
2. Appointing a superintendent to serve the elementary school
district; and
3. Selection of a federally recognized Indian tribe within the
State of Oklahoma to provide direct oversight of the elementary
school district or to assume complete control of the elementary
school district, provided the elementary school district is within
the boundaries of the tribe's jurisdiction.
C. For purposes of the Governmental Tort Claims Act, the
superintendent appointed by the state as provided for in subsection B
of this section shall be considered a state officer.
Added by Laws 2008, c. 439, § 8, eff. July 1, 2008.
§70-1210.544. Alternative governance arrangements - Assumption of
control by State Board of Education
A. Notwithstanding any other provision of law, the State Board
of Education shall establish a process to identify schools in the
state that are listed as in need of improvement in accordance with 20
U.S.C., Section 6301 et seq. A school district board of education
with a school identified as being among the schools in the state that
are in need of improvement shall implement a locally developed,
evidence-based intervention model for the school site determined by
the Board to be low performing
B. 1. Consistent with 20 U.S.C., Section 6301 et seq., for
schools that are identified for school improvement by the Board for
four (4) consecutive years, the district board of education shall
seek support from the State Department of Education. Such support
may include academic intervention, professional development,
restructuring of the governance arrangement of the school or any
other plan that is reasonably calculated to improve student academic
achievement in the school . State support plans shall be designed to
provide a substantial assurance of enabling the school to
appropriately serve all students. If after two (2) years of
implementing the state support plan, improvements to student
achievement remain insufficient and, in accordance with 20 U.S.C.
Section 6301 et seq., the school continues to be identified by the
Board as low performing, the Board may exercise the option of
assuming control of the school as provided for in this subsection.
2. If the Board assumes control of a school, the Board shall
retain all funds that otherwise would have been allocated to the
school district based on the average daily membership of the school
which shall be used to operate the school.
C. 1. A district board of education for a district with an
average daily membership of more than 30,000 which implements an
alternative governance arrangement as provided for in this section
may utilize the following procedures, upon approval of the district
*+,-11'121#+,, .;!)
board and concurrence of the executive committee of the appropriate
local bargaining unit:
a. any teacher not retained at the school site shall be
given status as a full-time substitute teacher within
the school district for a period of not to exceed two
(2) years,
b. if the teacher is not offered a contract teaching
position at a school in the district within the two-
year period specified in subparagraph a of this
paragraph, the district board shall be authorized to
not reemploy the teacher, and
c. the district board shall designate trained, certified,
instructional staff to provide teacher support,
development and evaluation, which may include certified
personnel other than administrators.
2. Any actions taken pursuant to this subsection shall not be
subject to the Teacher Due Process Act of 1990. The decision by the
district board for renewal or nonrenewal shall be final.
3. For purposes of this subsection, a full-time substitute
teacher shall perform the duties assigned by the district
superintendent and shall continue to receive the same salary,
benefits and step increases that the teacher would otherwise be
entitled to for the time period the teacher serves as a full-time
substitute.
D. 1. Each school district subject to the provisions of
subsection B of this section shall submit a plan for compliance with
this section to the State Department of Education, in a manner
prescribed by the Department.
2. The State Department of Education shall annually submit a
report of the district plans received as provided in paragraph 1 of
this subsection to the members of the Senate and House Education
Committees.
Added by Laws 2009, c. 195, § 1. Amended by Laws 2010, c. 244, § 1,
emerg. eff. May 10, 2010; Laws 2010, c. 291, § 16, eff. July 1, 2010;
Laws 2011, c. 1, § 45, emerg. eff. March 18, 2011; Laws 2013, c. 83,
§ 17, eff. July 1, 2013; Laws 2016, c. 149, § 1, eff. July 1, 2016.
NOTE: Laws 2010, c. 331, § 1 repealed by Laws 2011, c. 1, § 46,
emerg. eff. March 18, 2011.
§70-1210.545. Oklahoma School Testing Program annual reports.
A. Except as otherwise provided, as part of the accountability
system developed as provided for in Section 1210.541 of this title,
the State Board of Education shall prepare annual reports of the
results of the Oklahoma School Testing Program which describe student
achievement in the state, and each school site, pursuant to the
Elementary and Secondary Education Act of 1965 (ESEA) as reauthorized
*+,-11'121#+,, .;!!
by P.L. No. 114-95, also known as the Every Student Succeeds Act
(ESSA), and any related federal regulations.
B. The annual report as required pursuant to subsection A of
this section shall identify school sites as having one of the
following grades for each indicator, separately, and by a single
overview grade of all indicators, defined according to rules of the
State Board of Education:
1. "A" means schools making excellent progress;
2. "B" means schools making above average progress;
3. "C" means schools making satisfactory progress;
4. "D" means schools making less than satisfactory progress; and
5. "F" means schools failing to make adequate progress.
C. Each school that has students who are tested and included in
the school grading system as provided for in this section shall
receive a school grade, except as follows:
1. A school shall not receive a school grade if the number of
students tested and included in the school grading system is less
than the minimum sample size necessary for statistical reliability
and prevention of the unlawful release of personally identifiable
student data. The State Board of Education is directed to establish
the lowest minimum sample size necessary to meet the requirements of
this paragraph; and
2. The academic performance of students who are enrolled full-
time in an online program that is offered by a school district or
charter school that is not the district of residence or is not
located in the district of residence of the student shall be reported
separately by the school district or charter school and shall not be
included when determining the grade of the school site or charter
school.
D. The State Board of Education may adopt alternate systems of
accountability for statewide virtual charter schools, alternative
education programs as defined in Section 1210.568 of this title, and
schools serving only grades prekindergarten or kindergarten through
two.
E. The grade of a school shall be based on a multimeasures
approach to accountability in accordance with the Elementary and
Secondary Education Act of 1965 (ESEA) as reauthorized by P.L. No.
114-95, also known as the Every Student Succeeds Act (ESSA) and any
federal regulations that include, but are not limited to, the
following indicators:
1. Statewide assessments, including the establishment of student
performance bands;
2. Graduation rates for high schools;
3. Statewide academic measures for elementary and middle
schools;
4. English language proficiency for English learners; and
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5. At least one additional statewide measure of school quality
or student success, including, but not limited to, school climate,
school safety, student engagement, educator engagement, and/or
advanced coursework and postsecondary readiness.
F. Of the indicators included in subsection E of this section,
not less than seventy percent (70%) of the overview grade must be
given to indicators 1, 2, 3 and 4 and, in the aggregate, with not
more than thirty percent (30%) of the grade given to indicator 5.
G. Further, the grade of an elementary or middle school site
shall include, but not be limited to, a measure of status for English
language arts (ELA), math and science, growth in ELA and math,
English Language Proficiency Assessment (ELPA) progress, and chronic
absenteeism.
H. The grade of a high school site shall include, but not be
limited to, a measure of status for English language arts (ELA), math
and science status, English Language Proficiency Assessment (ELPA)
progress, graduation rate, chronic absenteeism, and postsecondary
opportunities. For purposes of this section postsecondary
opportunities shall include Advanced Placement, International
Baccalaureate, dual and concurrent enrollment, internships,
mentorships and apprenticeships, and industry certifications. The
Board shall adopt a time line for moving from completion of such
opportunities to crediting achievement of such opportunities.
I. The annual report shall identify the performance of each
school as having improved, remained the same, or declined. This
school improvement rating shall be based on a comparison of the
student and school performance data of the current year to the
previous year data.
J. The State Department of Education shall annually develop a
school site report card to be delivered to parents throughout each
school district. The report card shall be in accordance with the
requirements of the Elementary and Secondary Education Act of 1965
(ESEA), as reauthorized and amended by P.L. No. 114-95, also known as
the Every Student Succeeds Act (ESSA) and includes the grade for the
school, information regarding school improvement, an explanation of
school performance, and indicators of return on investment. The
report card for each school site shall be published annually by the
Department on its website, and every school district shall provide
the school site report card to the parent or guardian of each student
enrolled in the school site. In order to provide information
regarding school performance for school report cards issued during
the 2016-2017 and 2017-2018 school year, the Department shall include
an explanation of the changes to the statewide system of student
assessments as required in Section 1210.508 of this title and how the
transition in assessments may impact school performance. The
Department shall issue school report cards using the 2016-2017 school
year assessment data that is available.
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K. The Legislature may factor in the performance of schools in
calculating any performance-based funding policy that is provided to
public school districts.
L. The State Board of Education shall promulgate rules to
implement the provisions of this section.
Added by Laws 2011, c. 170, § 1. Amended by Laws 2012, c. 314, § 1;
Laws 2013, c. 74, § 3, eff. July 1, 2013; Laws 2013, c. 321, § 1;
Laws 2014, c. 163, § 2; Laws 2015, c. 362, § 1, emerg. eff. June 3,
2015; Laws 2016, c. 360, § 10, eff. July 1, 2016; Laws 2017, c. 131,
§ 2, eff. July 1, 2017; Laws 2019, c. 59, § 1, eff. Nov. 1, 2019.
§70-1210.546. Academic performance report - Student in custody of
state agency.
A. The State Department of Education shall provide for academic
performance reporting of students enrolled in public schools in
Oklahoma who are in the custody of a state agency pursuant to the
provisions of Title 10A of the Oklahoma Statutes. The academic
performance report shall include report card grades, student
performance results from multiple standardized assessments and
Oklahoma State Testing Program results.
B. The student performance report shall be made available to the
Department of Human Services and the Office of Juvenile Affairs via
the Passport Program created pursuant to Section 1-7-104 of Title 10A
of the Oklahoma Statutes.
Added by Laws 2014, c. 46, § 1, eff. July 1, 2014.
§70-1210.551. Assistance of local boards - Pilot projects -
Termination or continuation.
A. The State Board of Education is authorized to assist, and if
funds are available to make grants to, local boards of education for
the establishment of pilot projects that replace the traditional
organization of teaching and learning with innovative management and
instructional systems and materials. Projects may involve entire
districts, combinations of districts, combinations of schools, or
elements of schools individually or in combination. Projects shall
not supplant existing alternative school programs.
B. On or before March 31, 1990, the State Board of Education
shall determine pilot project criteria, and by July 1, 1990, solicit
proposals, and establish a process for the consideration of
proposals. Such proposals for pilot projects shall be considered on
a statewide competitive basis. Proposals which require a substantial
policy-determination role for teachers and which include a process
for measuring the progress and achievement of students involved shall
be given preference.
C. The State Board of Education is authorized to promulgate
rules and regulations for the operation of such projects and to grant
exceptions to rules and regulations for districts selected to operate
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such projects. The State Board shall have the authority to require
termination of a pilot project or its continuation at any time that
it finds such termination to be in the best interests of the students
involved.
Added by Laws 1989, c. 335, § 15, eff. July 1, 1989. Amended by Laws
1989, 1st Ex.Sess., c. 2, § 36, emerg. eff. April 25, 1990; Laws
1990, c. 263, § 65, operative July 1, 1990.
§70-1210.551a. Repealed by Laws 2014, c. 206, § 1, eff. Nov. 1,
2014.
§70-1210.552. Coordinated education services to families of
recipients of Temporary Assistance for Needy Families - Pilot
projects - Consideration of proposals.
A. The State Board of Education shall solicit proposals for, and
if funds are available make grants for, pilot projects that make
coordinated educational services available to families of recipients
of Temporary Assistance for Needy Families (TANF). Such proposals
shall be prepared in cooperation with personnel of the Department of
Human Services and shall address the needs of preschool children,
dropouts, and adult members of such families who have not graduated
from high school or completed a high school equivalency program.
B. The State Board of Education shall determine pilot project
criteria and establish a process for the consideration of proposals.
Such proposals for pilot projects shall be considered on a statewide
competitive basis. The State Board of Education is authorized to
promulgate rules for the operation of such projects. To the extent
that funds are available, funding of projects approved shall include
monies to provide child care while older members of families are
receiving TANF services from the pilot project.
Added by Laws 1989, c. 335, § 16, eff. July 16, 1989. Amended by
Laws 1997, c. 414, § 27, eff. Sept. 1, 1997.
§70-1210.553. Before-school, after-school, and summer period
programs – Pilot projects – Implementation contingency – Verification
of expenditure levels.
A. Contingent upon the provision of appropriated funds
designated for such purpose, the State Board of Education may award
one or more competitive grants for providing academically-oriented
programs to students needing or desiring such programs during before-
school, after-school, and summer periods.
B. The State Board of Education shall determine pilot program
criteria and establish a process for the consideration of proposals.
Such proposals for pilot programs shall be considered on a statewide
competitive basis. The State Board of Education is authorized to
promulgate rules for the operation of such programs.
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C. Upon implementation of this subsection as provided for in
subsection D of this section, the State Board of Education shall
modify the awards process for the competitive grants so that grants
are awarded to school districts or nonprofit organizations. In
addition, the grants shall be awarded to academically oriented
programs which serve students in at-risk or disadvantaged urban
school districts.
D. Implementation of subsection C of this section shall be
delayed until the current expenditure per pupil in average daily
attendance in public elementary and secondary schools in unadjusted
dollars for the 1998-99 school year or any school year thereafter for
Oklahoma, as reported by the National Center for Education Statistics
annually in the Digest of Education Statistics, reaches at least
ninety percent (90%) of the regional average expenditure for that
same year, and funds are provided. For purposes of this subsection,
the regional average expenditure shall consist of the current
expenditure per pupil in average daily attendance in public
elementary and secondary schools in unadjusted dollars for each of
the following states: Arkansas, Colorado, Kansas, Missouri, New
Mexico, Oklahoma, and Texas, averaged together. By January 1 of each
year, the State Board of Education shall report whether or not the
ninety-percent expenditure level has been reached based on
information reported annually in the Digest of Education Statistics
by the National Center for Education Statistics. Subsection C of
this section shall be implemented on July 1 after the first January 1
report verifies that the ninety-percent expenditure level has been
reached and funds have been provided for the specific purposes of
this section.
Added by Laws 1989, c. 335, § 17, eff. July 1, 1989. Amended by Laws
1999, c. 320, § 48, eff. July 1, 1999; Laws 2001, c. 201, § 8.
§70-1210.554. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §121,
operative July 1, 1990.
§70-1210.555. Technology education to middle school students - Pilot
project.
A. The State Board of Career and Technology Education is
authorized to assist, and, if funds including but not limited to
state appropriations are available, or if private or corporate
donations or other sources are matched in pilot projects, to make
grants to, local boards of education for the establishment of pilot
projects that would aid in the providing of technology education to
middle school students. Funding may cover the cost of equipment,
books and materials, and the start-up costs of developing the
technology education program. Projects may involve entire districts,
combinations of districts, combinations of schools, or elements of
schools individually or in combination.
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B. If funds are available on or before March 31, 1993, the State
Board of Career and Technology Education shall determine pilot
project criteria, and by July 1, 1993, solicit proposals, and
establish a process for the consideration of proposals. Such
proposals for pilot projects shall be considered on a statewide
competitive basis.
C. The State Board of Career and Technology Education is
authorized to promulgate rules for the operation of such projects and
to grant exceptions to rules for districts selected to operate such
projects. The State Board of Career and Technology Education shall
have the authority to require termination of a pilot project or its
continuation at any time that it finds such termination to be in the
best interests of the students involved.
Added by Laws 1992, c. 232, § 2. Amended by Laws 2001, c. 33, § 133,
eff. July 1, 2001.
§70-1210.556. Internet homework tutoring chatrooms – Pilot projects.
A. The State Board of Education shall solicit proposals for, and
if funds are available, make grants to local boards of education for
the establishment of pilot projects that would aid in the development
of Internet homework tutoring chatrooms. The proposals for the
Internet chatrooms shall create a mechanism that will allow students
to contact and interact with teachers or other professionals when
they are not at school, when the student needs assistance with
courses or homework. Funding may cover the cost of equipment,
materials, personnel, and any other start-up costs of developing the
Internet chatrooms. Projects may involve entire districts,
combinations of districts, combinations of schools, or elements of
schools individually or in combination.
B. The State Board of Education shall determine pilot project
criteria and establish a process for the consideration of proposals.
Such proposals for pilot projects shall be considered on a statewide
competitive basis. The Board is authorized to promulgate rules for
the operation of such projects.
Added by Laws 1999, c. 159, § 1, eff. July 1, 1999.
§70-1210.557. School testing assistance Internet web page.
A. By January 1, 2000, the State Board of Education shall, if
funds are available, develop and implement a school testing
assistance Internet web page. The purpose of the web page shall be
to help students prepare for tests required under the Oklahoma School
Testing Program Act and to provide remediation assistance to those
students who do not perform satisfactorily on such tests. The web
page shall contain information, materials, and example questions
which may be used by teachers, students and parents to assist
students in preparing for the required tests. The web page shall
also identify the most difficult concepts incorporated in the tests
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and provide specific information, material and example questions
which will assist students in those areas.
B. The Board shall notify schools and take steps to inform
students and parents about the school testing assistance Internet web
page. The Board is authorized to promulgate rules for the operation
of the web page.
Added by Laws 1999, c. 159, § 2, eff. July 1, 1999.
§70-1210.558. Middle school mathematics laboratory.
A. Beginning with the 2005-2006 school year, and each year
thereafter, the State Board of Education shall identify public
schools with low student achievement in mathematics at the middle
school level, subject to a limit of one school selected per school
district each year. Each school selected shall be provided a middle
school mathematics laboratory which includes a complete education
software and hardware system that delivers standards-based,
prealgebra and algebra content using an interactive computer
education teaching system for middle school level students. No
school shall be eligible to receive a mathematics laboratory more
than once. The number of schools selected each year shall be
determined based on the total amount of funds available and the
number of computers necessary for a class of students at each
qualifying school site.
B. The State Board of Education shall select a vendor on a
competitive bid basis to provide the middle school mathematics
laboratory as described in this section. The contract shall include
all equipment, software, training, and maintenance. The vendor
selected shall utilize a curriculum that meets the guidelines for
scientifically based research as determined by the United States
Department of Education and aligns with the Priority Academic Student
Skills as adopted by the State Board of Education.
C. The State Board of Education shall develop eligibility
criteria for schools to qualify for a mathematics laboratory pursuant
to this section, annually evaluate and report to the Legislature and
Governor on the effectiveness of this program, and adopt rules to
implement the provisions of this section.
Added by Laws 2005, c. 432, § 3, eff. July 1, 2005. Amended by Laws
2007, c. 332, § 1, eff. July 1, 2007.
§70-1210.561. Repealed by Laws 2019, c. 412, § 4, eff. July 1, 2019.
§70-1210.562. Repealed by Laws 2019, c. 412, § 4, eff. July 1, 2019.
§70-1210.563. Repealed by Laws 2001, c. 364, § 5, eff. July 1, 2001.
§70-1210.564. Repealed by Laws 2001, c. 364, § 5, eff. July 1, 2001.
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§70-1210.565. Repealed by Laws 2019, c. 412, § 4, eff. July 1, 2019.
§70-1210.566. Needs assessment for students at risk of not
completing high school - Plan for meeting needs - Cooperative
agreements.
A. Each year by June 30, every school district that serves
students in grades seven through twelve as outlined in this section
shall conduct and report to the State Department of Education a needs
assessment to identify those students who are most at risk of not
completing a high school education for a reason other than that
identified in Section 13-101 of this title, including students under
the age of nineteen (19) who reside in the district and have dropped
out of school or are or have been suspended from school. The results
of the needs assessments shall be reported to the Department in a
format specified by the Department.
B. Every school district as specified in subsection A of this
section shall develop and submit to the Department by September 1 of
each year a proposed plan approved by the district board of
education, for meeting the needs of the students at risk of not
completing a high school education as identified through the needs
assessment required in subsection A of this section by establishing,
continuing or expanding alternative education programs. The district
shall include parents, students, teachers, law enforcement
representatives, judicial system representatives, social service
representatives, technology center school district representatives,
and others deemed appropriate by the board of education in the
development of the proposed plan. If the school district overlaps a
technology center school district or districts, the plan shall be
coordinated with the board of education of each overlapped technology
center school district.
C. The proposed plan shall be placed on file at the office of
the school district superintendent where it shall be made available
to the public on request.
D. The annual needs assessment data shall be incorporated by the
State Board of Education into an annual report which shall be made
available on the State Department of Education website. The report
shall include a listing by school district of the number of students
funded and the reported number of students served in an alternative
education program.
Added by Laws 1994, c. 290, § 65, eff. July 1, 1994. Amended by Laws
2001, c. 33, § 135, eff. July 1, 2001; Laws 2001, c. 364, § 3, eff.
July 1, 2001; Laws 2019, c. 412, § 1, eff. July 1, 2019.
§70-1210.567. Alternative school or education program - Abbreviated
schedule - Teacher certification.
A. Upon application of a district board of education, the State
Board of Education shall authorize an abbreviated day schedule for an
*+,-11'121#+,, .;
alternative school or alternative education program that is or will
be administered by the district pursuant to the provisions of this
act or for the education provided for students in a residential or
treatment facility located within the district. A student enrolled
in an alternative school, an alternative education program or
receiving educational services in a residential or treatment facility
within the district who attends for a full abbreviated day shall be
counted in attendance for purposes of computing average daily
attendance and average daily membership for the district.
B. A district board of education shall hire only certified
teachers to teach in an alternative education program or alternative
education school offered by the district or to teach students who are
in a residential or treatment facility.
C. A certified teacher in an alternative education program or
school shall be paid five percent (5%) more than the designated
salary step for that teacher within the adopted salary schedule of
the school district.
D. A person providing counseling or social services in an
alternative education program or school shall be certified as a
school counselor by the State Board of Education or as a mental
health provider.
E. The State Board of Education shall promulgate rules by which
a certified teacher who is qualified to teach in an alternative
education program or alternative school as determined by the district
board of education offering the alternative education program or
alternative school or who teaches students in a residential or
treatment facility may be certified to teach subjects in which the
teacher does not hold certification. The rules shall provide:
1. The certification may be granted only upon application of a
district board of education offering an alternative education program
or alternative school pursuant to the provisions of this act or upon
application of a district board of education offering a residential
or treatment facility; and
2. The teacher's certification in subjects in which the teacher
does not otherwise hold certification pursuant to the provisions of
this section shall be valid only for purposes of teaching in the
alternative education program or alternative school offered by the
district board or in a residential or treatment facility located
within the district making application.
Added by Laws 1994, c. 290, § 69, eff. July 1, 1994. Amended by Laws
1996, c. 39, § 1, eff. July 1, 1996; Laws 1999, c. 216, § 1, eff.
July 1, 1999; Laws 2002, c. 453, § 6, eff. July 1, 2002; Laws 2014,
c. 124, § 25, eff. July 1, 2014; Laws 2019, c. 412, § 2, eff. July 1,
2019.
§70-1210.568. Statewide system of alternative education programs -
Implementation contingency - Verification of expenditure levels.
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A. 1. Beginning with the first semester of the 1996-1997 school
year, the State Board of Education shall implement a statewide system
of alternative education programs which shall be phased-in within
seven (7) years. The statewide system shall include but not be
limited to Alternative Approaches grant programs, funded pursuant to
Section 1210.561 of this title, and alternative academies or
alternative programs implemented pursuant to this section.
2. Beginning with the first semester of the 2020-2021 school
year, the State Board of Education shall implement a statewide system
of alternative education. The statewide system shall include
alternative education programs implemented pursuant to this section.
B. All school districts of this state serving students in grades
seven through twelve shall provide alternative education programs
that conform to the requirements of statutes and rules applicable to
alternative education. A program shall:
1. Allow class sizes and student/teacher ratios which are
conducive to effective learning for at-risk students;
2. Incorporate appropriate structure, curriculum, and
interaction and reinforcement strategies designed to provide
effective instruction;
3. Include an intake and screening process to determine
eligibility of students;
4. Demonstrate that teaching faculty are appropriately certified
teachers;
5. Demonstrate that teaching faculty have been selected on the
basis of a record of successful work with at-risk students or
personal and educational factors that qualify them for work with at-
risk students;
6. Reflect appropriate collaborative efforts with state agencies
and local agencies serving youth;
7. Provide courses that meet the academic curricula standards
adopted by the State Board of Education and additional remedial
courses;
8. Offer individualized instruction;
9. State clear and measurable program goals and objectives;
10. Include counseling and social services components;
11. Require a plan leading to graduation be developed for each
student in the program which will allow the student to participate in
graduation exercises at the sending school or district after meeting
the requirements of the school district as specified in the
individual graduation plan for that student; provided, the graduation
plan required by this paragraph shall not be separate from the plan
required by Section 1210.508-4 of this title;
12. Offer life skills instruction;
13. Provide opportunities for hands-on arts education to
students, including artist residency programs coordinated with the
Oklahoma Arts Council;
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14. Provide a proposed annual budget;
15. Be appropriately designed to serve middle school, junior
high school and high school students in grades seven through twelve
who are most at risk of not completing a high school education for a
reason other than that identified in Section 13-101 of this title;
and
16. Allow students in the alternative education program, who
otherwise meet all of the participation requirements, to participate
in vocational programs and extracurricular activities at the sending
school or district, including but not limited to athletics, band, and
clubs.
C. The alternative education program of a school district shall
be operational and serving students by September 1 of each school
year.
D. 1. Each alternative education program of a school district
shall receive funding based on the average daily membership (ADM) of
students served by an alternative education program in the prior
school year according to the annual statistical report conducted by
the State Department of Education. The per-student funding amount
shall be based on the funding available for the program each fiscal
year.
2. Of the funding available for alternative education programs
each fiscal year, the State Department of Education shall designate
up to fifteen percent (15%) for districts participating in
cooperative agreements for alternative education services, which
shall be allocated on a pro rata basis as an incentive to each
participating district. The incentive amount received by each
district for participating in a cooperative agreement shall not
exceed Six Thousand Dollars ($6,000.00) per fiscal year and shall be
in addition to the per-student funding amount required by paragraph 1
of this subsection. Any funds remaining after allocations required
by this paragraph are made shall be distributed to districts in
accordance with paragraph 1 of this subsection.
3. Statewide alternative education funding shall not be used to
supplant existing school district resources or to support programs
that do not meet all the criteria for the statewide alternative
education system.
E. All statewide alternative education funds received and
expended for students participating in an alternative education
program shall be reported to the State Department of Education by
major object codes and by program classifications pursuant to the
Oklahoma Cost Accounting System as adopted by the State Board of
Education pursuant to Section 5-135 of this title.
F. Elementary school districts, as defined in Section 5-103 of
this title, may request a waiver by May 15 of each year from the
State Board of Education from the requirements of this section to
implement and provide an alternative education program. Any request
*+,-11'121#+,, .;
for a waiver shall be accompanied by an assurance that the school
district does not have students in need of alternative education
services. If a school district is granted a waiver, no statewide
alternative education funding shall be allocated to the district.
G. 1. The State Board of Education shall:
a. provide initial and ongoing training of personnel who
will educate at-risk populations through alternative
education programs,
b. provide technical assistance to school districts to
enhance the probability of success of their alternative
education programs,
c. evaluate state-funded alternative education programs,
d. report the evaluation results of state-funded
alternative education programs, and
e. provide in-depth program analysis and evaluation of
state-funded alternative education programs.
2. The State Board of Education may create an evaluation
schedule for effective and highly effective programs, requiring them
to be evaluated not less than once every three (3) years.
3. The State Board of Education may contract with a technical
assistance provider in order to meet the requirements of this
subsection.
4. The State Board of Education shall have the authority to
suspend funds for an alternative education program that does not meet
the requirements of subsection B of this section. Provided, any
school district under consideration for suspension of funds may
request a hearing before the Board with a review of the evaluation
prior to the Board's final determination.
H. All alternative education programs shall be subject to
statutes and rules applicable to alternative education, including any
exemptions from statutory or regulatory requirements authorized by
statutes or rule.
I. An alternative education program may be offered by an
individual school district or may be offered jointly by school
districts that have formed interlocal cooperative agreements pursuant
to Section 5-117b of this title. Any school district submitting a
plan for an alternative education program serving fewer than ten
students shall enter into a cooperative agreement with another school
district to jointly provide the program unless the program has been
granted a waiver from this requirement by the State Board of
Education. A school district participating in a cooperative
agreement shall be required to send its alternative education funding
allocation to the cooperative.
J. Any materials or equipment purchased by a school district
with revenue received for students participating in an alternative
education program shall be used only in or directly for the
alternative education program offered by the district or any
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subsequent alternative education program offered to students enrolled
in that district. Such materials and equipment shall be made
available exclusively to alternative education students during the
hours that the alternative education program is operating; provided,
the material or equipment may be used for other purposes when the
alternative education program is not operating.
Added by Laws 1996, c. 247, § 44, eff. July 1, 1996. Amended by Laws
1997, c. 175, § 1, eff. July 1, 1997; Laws 1999, c. 216, § 2, eff.
July 1, 1999; Laws 2000, c. 308, § 6, eff. July 1, 2000; Laws 2001,
c. 201, § 9; Laws 2001, c. 364, § 4, eff. July 1, 2001; Laws 2003, c.
201, § 1, eff. July 1, 2003; Laws 2003, c. 434, § 26; Laws 2006, c.
289, § 7, eff. July 1, 2006; Laws 2014, c. 124, § 26, eff. July 1,
2014; Laws 2019, c. 412, § 3, eff. July 1, 2019.
NOTE: Laws 1999, c. 320, § 49 repealed by Laws 2000, c. 308, § 7,
eff. July 1, 2000.
§70-1210.569. Repealed by Laws 2019, c. 412, § 4, eff. July 1, 2019.
§70-1210.571. Short title.
This act shall be known and may be cited as the "Developmental
Research School Act".
Added by Laws 1993, c. 257, § 1, emerg. eff. May 26, 1993.
§70-1210.572. Purpose of public developmental research schools.
There is established a category of public elementary and
secondary schools to be known as developmental research schools. The
purpose of public developmental research schools is the improvement
of education in high challenge schools by using resources of higher
education, including research, demonstration, and evaluation
regarding management, teaching, and learning.
Added by Laws 1993, c. 257, § 2, emerg. eff. May 26, 1993.
§70-1210.573. Establishment and institutional affiliation.
A developmental research school may be established by the State
Board of Education only for purposes of intervening to aid a school
in need of improvement as defined in Section 1210.541 of this title.
All developmental research schools shall be affiliated with a college
of education within an institution of The Oklahoma State System of
Higher Education and shall provide sequential instruction. Nothing
in this act shall be construed to prohibit the establishment of a
research and development school by an institution of higher education
for voluntary and limited attendance.
Added by Laws 1993, c. 257, § 3, emerg. eff. May 26, 1993. Amended
by Laws 2013, c. 83, § 18, eff. July 1, 2013.
§70-1210.574. Recommendation of establishment of developmental
research school - Notice and hearing.
*+,-11'121#+,, .;
If the State Department of Education plans to recommend the
establishment of a developmental research school as a means of
intervention with a school identified as in need of improvement
pursuant to Section 1210.541 of this title, the Department shall
notify, in writing, the board of education of the district involved.
Upon receipt of the notification, the district board shall have
fifteen (15) days to request an opportunity to appear before the
State Board of Education. If the district board fails to request an
opportunity to appear, the State Board shall proceed without further
notice or delay to conclude the matter. If an opportunity to appear
is requested by the district board, the State Board shall decide the
issues after hearing from representatives of the district and the
Department.
Added by Laws 1993, c. 257, § 4, emerg. eff. May 26, 1993. Amended
by Laws 2013, c. 83, § 19, eff. July 1, 2013.
§70-1210.575. Abolition of board of education upon establishment.
Upon intervention with a school identified as in need of
improvement and the subsequent establishment of a developmental
research school by the State Board of Education, the board of
education of the district in which the school in need of improvement
was located shall be declared abolished by the State Board of
Education.
Added by Laws 1993, c. 257, § 5, emerg. eff. May 26, 1993. Amended
by Laws 2013, c. 83, § 20, eff. July 1, 2013.
§70-1210.576. Designation of successor board of education - Members
- Terms.
A. The board of education for a school district in which a
developmental research school has been established pursuant to this
act is hereby designated and shall consist of five (5) members as
follows:
1. The president of the affiliated institution of higher
education or designee;
2. The dean of the affiliated college of education or designee;
3. One faculty member from the affiliated higher education
institution who is a parent of a student who attends the
developmental research school and who is a resident of the community
in which the school is located, to be appointed by the president of
the affiliated higher education institution;
4. The regional accreditation officer for the State Board of
Education for the region in which the developmental research school
is located; and
5. One member appointed by the State Board of Education who is a
parent or legal guardian of a student who attends the developmental
research school.
*+,-11'121#+,, .;"
B. The terms of the members of the board, except the president
of the higher education institution, dean of the college of education
of the higher education institution, and the regional accreditation
officer, shall be staggered with the initial term of the faculty
member appointed by the president of the higher education institution
being five (5) years and the initial term of the member appointed by
the State Board of Education being four (4) years. Upon expiration
of the initial terms, the term of each appointed member shall be five
(5) years. Vacancies shall be filled by the appointing authority.
C. The president of the affiliated higher education institution
or the president's designee shall serve as president of the board.
The board shall elect a vice-president.
Added by Laws 1993, c. 257, § 6, emerg. eff. May 26, 1993.
§70-1210.577. Director and faculty.
A. A public developmental research school shall be headed by a
director, selected by the president of the affiliated higher
education institution and employed by the affiliated higher education
institution. The director shall be the chief executive officer of
the district in which the developmental research school is located.
The director is not required to be a certified administrator and may
be selected from the staff of the college of education of the
affiliated higher education institution. The board of education for
the district in which the developmental research school is located
may reimburse the higher education institution for part of the
director's salary.
B. Except as provided in this section, classroom teachers
employed to teach in a public developmental research school shall be
certified teachers pursuant to Section 6-101 et seq. of Title 70 of
the Oklahoma Statutes. Higher education faculty employed by the
affiliated higher education institution who are not certified
teachers may serve simultaneously as instructional personnel for the
public developmental research school and the higher education
institution. No more than one-third of the teaching faculty of the
research school may be higher education faculty who are not certified
pursuant to Section 6-101 et seq. of Title 70 of the Oklahoma
Statutes.
C. Persons participating in the Alternative Placement Program
pursuant to Section 6-122.3 of Title 70 of the Oklahoma Statutes may
be employed as teachers in a public developmental research school.
Added by Laws 1993, c. 257, § 7, emerg. eff. May 26, 1993.
§70-1210.578. Allocation of State Aid and revenues.
A. State Aid paid, pursuant to Section 18-101 et seq. of Title
70 of the Oklahoma Statutes, to a district in which a public
developmental research school is established shall be allocated and
expended only for operation of the developmental research school.
*+,-11'121#+,, .;"
B. Ad valorem taxation revenues and dedicated revenues for the
district in which a developmental research school is located shall be
allocated and expended only for operation of the developmental
research school.
Added by Laws 1993, c. 257, § 8, emerg. eff. May 26, 1993.
§70-1210.579. Rules.
The State Board of Education shall promulgate rules necessary to
implement this act.
Added by Laws 1993, c. 257, § 9, emerg. eff. May 26, 1993.
§70-1210.591. Pilot projects - Review and evaluation process -
Annual report to Legislature.
The State Board of Education shall establish a project review and
evaluation process and shall make an annual report to the Legislature
analyzing and evaluating all pilot projects in operation. Said
report shall be furnished to the President Pro Tempore of the Senate
and the Speaker of the House of Representatives not later than the
tenth legislative day of each legislative session.
Added by Laws 1989, c. 335, § 20, eff. July 1, 1989.
§70-1210.701. Administration of program.
A. The State Board of Education shall promulgate rules to
establish the Oklahoma Advanced Placement Incentive Program, to be
administered by the State Department of Education. The purpose of
the program is to establish, organize, and administer a program
designed to improve the course offerings available to high school
students throughout the state and to prepare students for admission
to and success in a postsecondary educational environment. The
Oklahoma Advanced Placement Incentive Program shall consist of the
following components:
1. Financial assistance to public school teachers and schools to
build and maintain successful Advanced Placement Programs; and
2. Test fee assistance to public school students who are in
financial need or who take more than one advanced placement test in
one (1) year.
B. On or before October 1 of each year, the State Department of
Education shall issue to the Governor and members of the Senate and
House of Representatives Education Committees a report on the
Advanced Placement Incentive Program for the previous school year
which shall include, but is not limited to:
1. The number of students taking an advanced placement exam and
the number of exams taken;
2. The number of exams that receive a score of three or better;
3. The number of school sites which have received funding and
the amount of awards, by type of award;
*+,-11'121#+,, .;"$
4. The number of school sites offering advanced placement
courses and the number of school sites with students taking an
advanced placement exam;
5. The number of students who receive assistance with the test
fee and the average amount of assistance; and
6. An evaluation of the cost versus the benefits of this
program.
Added by Laws 1997, c. 355, § 1, eff. July 1, 1997. Amended by Laws
2000, c. 312, § 1, eff. July 1, 2000; Laws 2001, c. 123, § 1, eff.
July 1, 2001.
§70-1210.702. Definitions.
For purposes of the Oklahoma Advanced Placement Incentive
Program:
1. “Advanced placement course” means a high school level
preparatory course for a college advanced placement test that
incorporates all topics specified by the College Board and the
Educational Testing Service on its standard syllabus for a given
subject area and is approved by the College Board;
2. “Preadvanced placement course” means a middle school, junior
high school, or high school level course that specifically prepares
students to enroll and participate in an advanced placement course;
3. “Advanced placement vertical team” means a group of middle
school or junior high school and high school educators in a given
discipline who work cooperatively to develop and implement a
vertically aligned program aimed at helping students acquire the
academic skills necessary for success in the advanced placement
program;
4. “Advanced placement test” means the advanced placement test
administered by the College Board and Educational Testing Service;
5. “International Baccalaureate course” means a high school
level preparatory course for an International Baccalaureate
examination that incorporates each topic specified by the
International Baccalaureate Organization on its standard syllabus for
a particular subject area;
6. “International Baccalaureate examination” means the
International Baccalaureate examination administered by the
International Baccalaureate Organization;
7. “College Board” means the College Board and Educational
Testing Service;
8. “Department” means the State Department of Education; and
9. “Program” means the Oklahoma Advanced Placement Incentive
Program.
Added by Laws 1997, c. 355, § 2, eff. July 1, 1997. Amended by Laws
2000, c. 312, § 2, eff. July 1, 2000.
§70-1210.703. Financial incentive awards.
*+,-11'121#+,, .;"(
A. Contingent upon the provision of appropriated funds
designated for the Oklahoma Advanced Placement Incentive Program, the
State Board of Education is hereby authorized to award schools:
1. A one-time equipment and/or instructional materials grant for
the purpose of providing an advanced placement course, based on
criteria established by the Department. Schools which receive the
grants shall:
a. offer the advanced placement courses beginning the
school year following receipt of the grant,
b. provide the College Board training within one (1) year
of the grant award, including at least a one-week
summer institute. Teachers shall be encouraged to
attend annual follow-up training, and
c. make available advanced placement examinations to all
students taking the course for which a grant has been
awarded;
2. Additional grants to school sites demonstrating successful
implementation, as defined by the State Board of Education, of the
courses for which the first grants were awarded. Schools may qualify
for additional grants a minimum of four (4) years after receiving a
grant award;
3. Subsidized training for advanced placement courses,
preadvanced placement courses, or International Baccalaureate courses
in a form, manner and time prescribed by the Department;
4. One Hundred Dollars ($100.00) for each score of three or
better on an advanced placement test or four or better on an
International Baccalaureate examination; provided, these funds shall
be used for the purpose of Advanced Placement Program development;
5. For those students who demonstrate financial need as defined
by the College Board or the International Baccalaureate Organization,
a share of the advanced placement or International Baccalaureate test
fee;
6. For those students who take more than one advanced placement
or International Baccalaureate test in one (1) year, a share of the
advanced placement test or International Baccalaureate fee in a
manner prescribed by the Board; and
7. Grants for the purpose of developing an advanced placement
vertical team based on criteria established by the Board.
B. Upon completion of the test, the State Department of
Education shall obtain from the College Board and the International
Baccalaureate Organization a list of students in Oklahoma who scored
a three or higher on the advanced placement test or a four or higher
on the International Baccalaureate test. Financial incentives for
schools provided in this section shall be awarded at the beginning of
the next school year following the school year in which the test was
taken.
*+,-11'121#+,, .;"
C. Any new expenditure authorized pursuant to Section 1210.701
et seq. of this title shall be contingent upon the availability of
funds.
Added by Laws 1997, c. 355, § 3, eff. July 1, 1997. Amended by Laws
2000, c. 312, § 3, eff. July 1, 2000; Laws 2001, c. 123, § 2, eff.
July 1, 2001.
§70-1210.710. Funding of elementary school counselors –
Implementation contingency – Verification of expenditure levels.
A. It is hereby the intent of the Oklahoma Legislature to
provide funding to urban school districts to hire school counselors
at the elementary level. Preference for funding shall be given to
those urban school districts that have the highest number of
elementary students at-risk and in need of alternative education.
For purposes of this section, “urban school district” means a school
district with an average daily membership of thirty thousand (30,000)
or more.
B. Implementation of this section shall be contingent upon the
appropriation by the Legislature of state funds for the specific
purpose of implementing this section. Nothing in this section shall
prevent the State Board of Education or a school district board of
education from utilizing private, local, or federal funds to
implement this section.
C. Implementation of this section shall be delayed until the
current expenditure per pupil in average daily attendance in public
elementary and secondary schools in unadjusted dollars for the 1998-
99 school year or any school year thereafter for Oklahoma, as
reported by the National Center for Education Statistics annually in
the Digest of Education Statistics, reaches at least ninety percent
(90%) of the regional average expenditure for that same year, and
funds are provided. For purposes of this section, the regional
average expenditure shall consist of the current expenditure per
pupil in average daily attendance in public elementary and secondary
schools in unadjusted dollars for each of the following states:
Arkansas, Colorado, Kansas, Missouri, New Mexico, Oklahoma, and
Texas, averaged together. By January 1 of each year, the State Board
of Education shall report whether or not the ninety-percent
expenditure level has been reached based on information reported
annually in the Digest of Education Statistics by the National Center
for Education Statistics. This section shall be implemented on July
1 after the first January 1 report verifies that the ninety-percent
expenditure level has been reached and funds have been provided for
the specific purposes of this section.
Added by Laws 1999, c. 320, § 51, eff. July 1, 1999. Amended by Laws
2001, c. 201, § 11; Laws 2003, c. 434, § 28.
§70-1210.721. Repealed by Laws 2014, c. 6, § 1, eff. Nov. 1, 2014.
*+,-11'121#+,, .;")
§70-1210.722. Repealed by Laws 2014, c. 6, § 1, eff. Nov. 1, 2014.
§70-1210.723. Repealed by Laws 2014, c. 6, § 1, eff. Nov. 1, 2014.
§70-1210.724. Repealed by Laws 2014, c. 6, § 1, eff. Nov. 1, 2014.
§70-1210.725. Repealed by Laws 2014, c. 6, § 1, eff. Nov. 1, 2014.
§70-1210.726. Repealed by Laws 2014, c. 6, § 1, eff. Nov. 1, 2014.
§70-1210.727. Repealed by Laws 2014, c. 6, § 1, eff. Nov. 1, 2014.
§70-1210.801. Repealed by Laws 2000, c. 251, § 4, eff. July 1, 2000.
§70-1210.802. Repealed by Laws 2000, c. 251, § 4, eff. July 1, 2000.
§70-1210.803. Repealed by Laws 2000, c. 251, § 4, eff. July 1, 2000.
§70-1211. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1212. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1213. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1214. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1215. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1216. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1217. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1218. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1219. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1220. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1221. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1222. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1223. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1224. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;"!
§70-1225. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1226. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1241. Repealed by Laws 1961, p. 564, § 1.
§70-1242. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1243. Repealed by Laws 1961, p. 564, § 1.
§70-1244. Repealed by Laws 1961, p. 564, § 1.
§70-1245. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1246. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1247.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1247.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1255. Repealed by Laws 1961, p. 564, § 1.
§70-1256. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;"
§70-1257. Repealed by Laws 1961, p. 564, § 1.
§70-1258. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1258a. Repealed by Laws 1963, c. 325, art. 17, § 1705.
§70-1258a.1. Repealed by Laws 1963, c. 325, art. 17, § 1705.
§70-1258b. Repealed by Laws 1963, c. 325, art. 17, § 1705.
§70-1258c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1258d. Repealed by Laws 1963, c. 325, art. 17, § 1705.
§70-1258e. Repealed by Laws 1963, c. 325, art. 17, § 1705.
§70-1258f. Repealed by Laws 1963, c. 325, art. 17, § 1705.
§70-1258g. Repealed by Laws 1963, c. 325, art. 17, § 1705.
§70-1259. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1260. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1261.1. Repealed by Laws 1949, p. 622, § 10.
§70-1261.2. Repealed by Laws 1949, p. 622, § 10.
§70-1261.3. Repealed by Laws 1949, p. 622, § 10.
§70-1261.4. Repealed by Laws 1949, p. 622, § 10.
§70-1261.5. Repealed by Laws 1949, p. 622, § 10.
§70-1261.6. Repealed by Laws 1949, p. 622, § 10.
§70-1262. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1263. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1264. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1265.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1265.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;""
§70-1265.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1265.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1265.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1265.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1265.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1265.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1266.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1266.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1266.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1266.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1266.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1266.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1271. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1272. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1273. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1274. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1275. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;"
§70-1281. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1282. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1283. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1284. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1291. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1292. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1293. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1294. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1295. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1296. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1297. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1298. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1299. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1300. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1306.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;
§70-1306.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1306.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1307.1. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.2. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.3. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.4. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.5. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.6. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.7. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.8. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.9. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.10. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.11. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
*+,-11'121#+,, .;
§70-1307.12. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.13. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1307.14. Repealed by Laws 1970, c. 327, § 11, eff. April 28,
1970.
§70-1308. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1308.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1308.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1308.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1308.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1308.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1308.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1309.1. Repealed by Laws 1994, c. 100, § 4, eff. Sept. 1, 1994.
§70-1309.2. Repealed by Laws 1994, c. 100, § 4, eff. Sept. 1, 1994.
§70-1309.3. Repealed by Laws 1994, c. 100, § 4, eff. Sept. 1, 1994.
§70-1310.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1310.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1310.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1310.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;$
§70-1310.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1310.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1310.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1310.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1311. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1312. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1313. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1313a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1314. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1315. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1316. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1317. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1318. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1319. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1320. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1321. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1322. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1323. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1324. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1325. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1326. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;(
§70-1326.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.3a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1326.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1327. Repealed by Laws 1961, p. 564, § 1.
§70-1327a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1327b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1327c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1327d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1327e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1327f. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1327g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1327h. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;
§70-1327i. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1331. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1332. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1333. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1334. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1335. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1336. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1341. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1342. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1343. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1344. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1345. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1351. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1352. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1353. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1354. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1361. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1362. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1363. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1364. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1365. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1366. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1367. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;)
§70-1368. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1369a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1369b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1369c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1369d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1369e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1369f. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1369g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1371.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1371.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;!
§70-1371.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1372. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1373. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1374. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1375. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1381. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1382. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1387. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1391. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1392. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1393. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1394. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1395. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1396. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1397. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1398. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1399. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1400. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1401.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1401.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1401.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;
§70-1401.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1401.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1401.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1413. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1414. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1415. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1416. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1417. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1418. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1419. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1420. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1431. Repealed by Laws 1961, p. 564, § 1.
§70-1432. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432f. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432h. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1432i. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;"
§70-1432j. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433f. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433h. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433i. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433j. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1433k. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1434. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1434a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1434b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1434c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1434d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1436.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1436.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1436.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1436.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;
§70-1437.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1437.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1437.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1437.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1437.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1441. Repealed by Laws 1970, c. 65, § 15, eff. July 1, 1970.
§70-1442. Repealed by Laws 1970, c. 65, § 15, eff. July 1, 1970.
§70-1443. Repealed by Laws 1970, c. 65, § 15, eff. July 1, 1970.
§70-1451. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1451a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1451b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1451c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1452. Repealed by Laws 1965, C. 396, . § 1309, eff. July 1,
1965.
§70-1453. Repealed by Laws 1965, c. 396, § 1309, emerg. eff. July 1,
1965.
§70-1454. Repealed by Laws 1965, c. 396, § 1309, emerg. eff. July 1,
1965.
§70-1455. Repealed by Laws 1965, c. 396, § 1309, emerg. eff. July 1,
1965.
§70-1456. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1457. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1458. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;
§70-1459. Repealed by Laws 1965, c. 396, § 1309, emerg. eff. July 1,
1965.
§70-1460. Repealed by Laws 1965, c. 396, § 1309, emerg. eff. July 1,
1965.
§70-1461. Repealed by Laws 1965, c. 396 § 1309, emerg. eff. July 1,
1965.
§70-1462. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1463. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1464. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1465. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1466. Repealed by Laws 1970, c. 65, § 15, eff. July 1, 1970.
§70-1467. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1468. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1481. Repealed by Laws 1941, p. 464, § 7, emerg. eff. June 7,
1941.
§70-1482. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1483. Repealed by Laws 1941, p. 464, § 7, emerg. eff. June 7,
1941.
§70-1484. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1485. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1491. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1492. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1493. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1494. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1501. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1502. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;
§70-1503. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1504. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1505. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1506. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1507. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1508. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1509. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1510.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1510.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1521. Repealed by Laws 1965, c. 396 § 1309, emerg. eff. July 1,
1965.
*+,-11'121#+,, .;$
§70-1522. Repealed by Laws 1941, p. 466, § 12.
§70-1522a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1523. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1524. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1525. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1526. Repealed by Laws 1941, p. 466, § 12.
§70-1526a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1527. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528f. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528h. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528i. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1528j. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1529.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;(
§70-1529.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1529.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1541. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1542. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1543. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1551. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1552. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1553. Repealed by Laws 1941, p. 428, § 2.
§70-1553a. Repealed by Laws 1943, p. 230, § 2.
§70-1553b. Repealed by Laws 1947, p. 557, § 6.
§70-1554. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1555. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;
§70-1556. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1557. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1559.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1559.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1559.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1559.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1559.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1561. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1562. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1563. Repealed by Laws 1961, p. 566, § 1.
§70-1571. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1572. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1573. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1574. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1575. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1576. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1577. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1578. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1579. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1580.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;)
§70-1580.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1580.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1580.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1580.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1580.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1580.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1580.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1580.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.2a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;!
§70-1581.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1581.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1591. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965,
and Laws 1965, c. 433, § 1, eff. July 1, 1965.
§70-1592. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1593. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1594. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1601. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1602. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1603. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1604. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1605. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1611. Repealed by Laws 1941, p. 464, § 7.
§70-1612. Repealed by Laws 1941, p. 464, § 7.
§70-1613. Repealed by Laws 1941, p. 464, § 7.
§70-1614. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1621. Repealed by Laws 1941, p. 464, § 7.
§70-1622. Repealed by Laws 1941, p. 464, § 7.
§70-1623. Repealed by Laws 1941, p. 464, § 7.
§70-1624. Repealed by Laws 1943, p. 211, § 5.
*+,-11'121#+,, .;
§70-1625. Repealed by Laws 1943, p. 211, § 5.
§70-1626. Repealed by Laws 1943, p. 211, § 5.
§70-1633. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1636.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1636.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1641. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1642. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1643. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1644. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1645. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1646. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1647. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1648. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1649. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1661. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1662. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1663. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1664. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1665. Repealed by Laws 1941, p. 462, § 1.
§70-1666. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1667. Repealed by Laws 1941, p. 462, § 1.
§70-1668. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;"
§70-1669. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1670. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1671. Repealed by Laws 1941, p. 462, § 1.
§70-1672. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1673. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1674. Change of functions and standards of admission.
The Oklahoma State Regents for Higher Education are hereby
directed to study the feasibility of changing the present functions
and standards of admission at the Oklahoma College for Women whereby
both men and women students may be admitted to pursue four (4) years
of study in the liberal arts culminating with the bachelor's degree.
Laws 1965, p. 1194, S.J.R. No. 16, § 1, emerg. eff. April 7, 1965.
§70-1675. Change of name.
In the event the change is made by the State Regents, as
suggested in the preceding section, the present name of the
institution, "The Oklahoma College for Women," shall be changed to
"Oklahoma College of Liberal Arts."
Added by Laws 1965, p. 1194, S.J.R. No.16, § 2, emerg. eff. April 7,
1965.
§70-1676. Board of Regents.
At such time as the present Oklahoma College for Women becomes
the Oklahoma College of Liberal Arts, a Board of Regents of the
Oklahoma College of Liberal Arts, composed of seven (7) members,
shall be appointed by the Governor with the advice and consent of the
State Senate and with the terms of members to be overlapping and for
seven (7) years' duration. Such Board shall be the successor to the
Board of Regents of the Oklahoma College for Women with the same
powers and duties of said Board as now provided by law.
Laws 1965, p. 1194, S.J.R.No.16, § 3, emerg. eff. April 7, 1965.
§70-1691. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1692. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1693. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1694. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1695. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;
§70-1701. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1702. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1703. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1704. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1705. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1706. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1707. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1708. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1709.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.2a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.8a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;
§70-1709.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1709.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1721. School located at Muskogee.
There is hereby created and established a school for the blind
at, or near, the City of Muskogee Oklahoma, to be known as the
Oklahoma School for the Blind.
Laws 1913, c. 37, p. 72, § 1.
§70-1722. Purposes of school.
The purposes of the Oklahoma School for the Blind shall be to:
1. Provide academic, vocational, social/emotional, and cultural
instruction as well as independent living skills and transitional
needs for children who are blind or visually impaired; and
2. Serve as a statewide resource center for educational services
for children who are blind or visually impaired.
Added by Laws 1913, c. 37, p. 72, § 2. Amended by Laws 2000, c. 264,
§ 1, eff. July 1, 2000; Laws 2001, c. 329, § 4, emerg. eff. June 1,
2001.
§70-1723. Control of school.
The Oklahoma School for the Blind shall be under the direction
and control of the Department of Rehabilitation Services.
Added by Laws 1913, c. 37, p. 73, § 3. Amended by Laws 2001, c. 329,
§ 5, emerg. eff. June 1, 2001.
§70-1724. Entitlement to free education and dormitory housing –
Criteria and procedures.
A. Residents of this state for whom blindness or visual
impairment is the primary impediment to success in the common schools
of the state, and who are of suitable age and physical and mental
capacity, shall be entitled to admission to the Oklahoma School for
the Blind and shall receive an education free of charge.
B. Students admitted to the school who are of suitable emotional
capacity and who are not a threat to themselves or others shall be
entitled to reside at the school free of charge to the extent that
dormitory housing is available.
C. The Department of Rehabilitation Services shall establish the
criteria and procedures for admission to the school.
Added by Laws 1913, c. 37, p. 73, § 4. Amended by Laws 2001, c. 329,
§ 6, emerg. eff. June 1, 2001.
*+,-11'121#+,, .;
§70-1725. Site designated - Donation of site, light and water.
The said Board of Education is hereby authorized to locate said
school upon a tract of land described as follows: All that part of
the southwest quarter of the southeast quarter of Section nineteen,
Township fifteen north, Range nineteen east, which lies east of
Haskell Boulevard, containing twenty-five (25) acres, more or less,
in Muskogee County, Oklahoma; said above-described tract of land to
be deeded to the State of Oklahoma by a good and sufficient deed with
abstract, showing the same to be free and clear from all
encumbrances, and without expense to the state. Also, electric
lights and water to be forever free to the state.
Laws 1913, c. 37, p. 73, § 5.
§70-1731. School for deaf created.
A school for the education of the deaf is hereby created in the state
of Oklahoma, to be known as the "Oklahoma School for the Deaf." R.L.
1910 Sec. 6986.
R.L.1910, § 6986.
§70-1732. Located at Sulphur.
The Oklahoma School for the Deaf is hereby permanently located in
the City of Sulphur, Oklahoma.
R.L. 1910 § 6987. Amended by Laws 2001, c. 329, § 7, emerg. eff.
June 1, 2001.
§70-1733. Entitlement to free education and dormitory housing –
Criteria and procedures.
A. Residents of this state for whom deafness or hardness of
hearing is the primary impediment to success in the common schools of
the state, and who are of suitable age and physical and mental
capacity, shall be entitled to an education in the Oklahoma School
for the Deaf without charge.
B. Students admitted to the school who are of suitable emotional
capacity and who are not a threat to themselves or others shall be
entitled to reside at the school free of charge to the extent that
dormitory housing is available.
C. The Department of Rehabilitation Services shall establish the
criteria and procedures for admission to the school.
R.L. 1910, § 6988. Amended by Laws 1976, c. 40, § 1, emerg. eff.
April 5, 1976; Laws 2001, c. 329, § 8, emerg. eff. June 1, 2001.
§70-1734. Purposes of school.
The purposes of the Oklahoma School for the Deaf shall be:
1. To provide academic, vocational, social/emotional, and
cultural instruction as well as independent living skills and
transitional needs for children who are deaf or hard-of-hearing; and
*+,-11'121#+,, .;$
2. To serve as a statewide resource center for educational
services for children who are deaf or hard-of-hearing.
R.L. 1910, § 6989. Amended by Laws 2000, c. 264, § 2, eff. July 1,
2000; Laws 2001, c. 329, § 9, emerg. eff. June 1, 2001.
§70-1735. Repealed by Laws 1941, p. 462, § 1.
§70-1736. Repealed by Laws 2001, c. 329, § 12, emerg. eff. June 1,
2001.
§70-1737. Repealed by Laws 2001, c. 329, § 12, emerg. eff. June 1,
2001.
§70-1738. Repealed by Laws 1941, p. 462, § 1.
§70-1739. Repealed by Laws 2001, c. 329, § 12, emerg. eff. June 1,
2001.
§70-1740. Repealed by Laws 2001, c. 329, § 12, emerg. eff. June 1,
2001.
§70-1741. Repealed by Laws 2001, c. 329, § 12, emerg. eff. June 1,
2001.
§70-1742. Repealed by Laws 1979, c. 30, § 164, emerg. eff. April 6,
1979.
§70-1743. Repealed by Laws 2001, c. 329, § 12, emerg. eff. June 1,
2001.
§70-1744. Repealed by Laws 2001, c. 329, § 12, emerg. eff. June 1,
2001.
§70-1745. Cooperative agreement for establishment and operation of
rehabilitation center for deaf people.
The Oklahoma School for the Deaf of the State Board of Education
and the Oklahoma Vocational Rehabilitation Division of the State
Board for Vocational Education are hereby authorized to enter into a
cooperative agreement that is mutually acceptable to both Boards,
whereby an evaluation and rehabilitation center can be established,
maintained and operated to serve the deaf and hard-of-hearing
citizens of Oklahoma who are fifteen (15) years of age or older at
the State School for the Deaf.
Added by Laws 1965, p. 1214, H.J.R. No. 541, § 1. Amended by Laws
1998, c. 246, § 36, eff. Nov. 1, 1998.
*+,-11'121#+,, .;(
§70-1746. Utilization of resources and personnel - Federal
participation.
The School for the Deaf and the Vocational Rehabilitation
Division are hereby authorized to operate an evaluation and
rehabilitation center for deaf people in such a manner and on such a
basis that will permit the best possible utilization of the
resources, personnel, and monies that are available; and in the
furtherance of this project the School for the Deaf and the
Vocational Rehabilitation Division are authorized to use any and all
funds, from whatever source, under their control and to do everything
necessary to secure maximum Federal participation for such project.
Added by Laws 1965, p. 1214, H.J.R. No. 541, § 2.
§70-1761. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1762. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1763. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1764. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1765. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1766. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1767. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1768. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1769.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.2a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;
§70-1769.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1769.12. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1771. Repealed by Laws 1941, p. 462, § 1.
§70-1772. Repealed by Laws 1941, p. 462, § 1.
§70-1773. Repealed by Laws 1941, p. 462, § 1.
§70-1774. Repealed by Laws 1941, p. 462, § 1.
§70-1775. Repealed by Laws 1941, p. 462, § 1.
§70-1776. Repealed by Laws 1941, p. 462, § 1.
§70-1777. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1778. Repealed by Laws 1941, p. 462, § 1.
§70-1779. Repealed by Laws 1941, p. 462, § 1.
§70-1780. Repealed by Laws 1941, p. 462, § 1.
§70-1781. Repealed by Laws 1941, p. 462, § 1.
§70-1782. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1783. Repealed by Laws 1941, p. 462, § 1.
*+,-11'121#+,, .;)
§70-1784. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1785. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1786. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1787. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1788. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1789. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1790. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1791. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1792. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1821. Repealed by Laws 1941, p. 462, § 1.
§70-1822. Repealed by Laws 1941, p. 462, § 1.
§70-1823. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1824. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1825. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1826. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1827. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1828. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1829. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1830. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1831. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1841. Repealed by Laws 1941, p. 462, § 1.
§70-1842. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1843. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1844. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;!
§70-1845. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1846. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1847. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1848. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1849. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1850. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1851.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1851.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1861. Repealed by Laws 1941, p. 462, § 1.
*+,-11'121#+,, .;
§70-1862. Repealed by Laws 1941, p. 462, § 1.
§70-1863. Repealed by Laws 1941, p. 462, § 1.
§70-1864. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865f. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865h. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1865i. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1871. Repealed by Laws 1941, p. 462, § 1.
§70-1872. Repealed by Laws 1941, p. 462, § 1.
§70-1873a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873f. Repealed by Laws 1937, p. 201, § 2.
§70-1873g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873h. Repealed by Laws 1937, p. 202, § 4.
*+,-11'121#+,, .;"
§70-1873i. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873j. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1873l. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1874.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1874.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;
§70-1876.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1876.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1881. Repealed by Laws 1941, p. 462, § 1.
§70-1881a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1881b. Repealed by Laws 1949, p. 616, § 2.
§70-1881c. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1882. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1883. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1884. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1885. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1886. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1887. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;$
§70-1888. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1889. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1890. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1901. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1901a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1902. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1903. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1903a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1904. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1904a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1905. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1906. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907b. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907d. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907e. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907f. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907g. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907h. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907i. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1907j. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1908.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;$
§70-1908.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1908.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.2a. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;$$
§70-1909.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1909.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1911. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1912. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1913. Repealed by Laws 1943, p. 211, § 5.
§70-1914. Repealed by Laws 1943, p. 211, § 5.
§70-1916. Repealed by Laws 1943, p. 211, § 5.
§70-1916.1. Repealed by Laws 1961, p. 578, § 1.
§70-1916.2. Repealed by Laws 1961, p. 578, § 1.
§70-1916.3. Repealed by Laws 1961, p. 578, § 1.
§70-1916.4. Repealed by Laws 1961, p. 578, § 1.
§70-1916.5. Repealed by Laws 1961, p. 578, § 1.
§70-1916.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1916.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1916.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;$(
§70-1916.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1916.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
c
§70-1916.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1916.12. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1916.13. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1916.14. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1916.15. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1917.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1917.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1917.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1921. Institutions authorized to grant degrees.
Authority is hereby granted to the respective boards of control
of the
Oklahoma University
Oklahoma Agricultural and Mechanical College
Oklahoma College for Women
University of Tulsa
Kendall College
Phillips University
Oklahoma Baptist University
Oklahoma City University
Oklahoma Catholic University
The Catholic College of Oklahoma for Young Women
Presbyterian College of Durant
The Tulsa Law School of Tulsa
Oklahoma City College of Law
*+,-11'121#+,, .;$
upon recommendation of their respective faculties to grant the
academic and professional degrees, usually and customarily granted to
graduates of institutes of collegiate rank. Provided further, that
the Oklahoma School of Accountancy is hereby authorized to confer the
degree of bachelor of commercial science, but shall not confer or
grant any other degree.
Laws 1917, c. 147, p. 236, § 1; Laws 1919, c. 113, p. 166, § 1; Laws
1923, c. 188, p. 333, § 1; Laws 1925, c. 9, p. 9, § 1; Laws 1945, p.
363, § 1; Laws 1947, p. 565, § 1.
§70-1922. Approval of other institutions by State Board of Education
- Application.
The State Board of Education shall have power to approve other
colleges and universities which, when so approved, shall have the
authority granted in Section 1 of this act. The application for the
privilege shall set forth clearly the course of study, the condition
of equipment and other information as the State Board of Education
shall require.
Laws 1917, c. 147, p. 237, § 2.
§70-1923. Unauthorized grant of degrees prohibited.
No person, to whom authority to grant degrees has not been
granted in accordance with this act, shall grant, offer to grant, or
advertise to grant, any such academic or professional degrees.
Added by Laws 1917, c. 147, p. 237, § 3.
§70-1924. Collecting fee on promise to grant degree - Punishment.
Any person that collects or attempts to collect fees for
matriculation, registration, tuition, books or for any other purpose,
the inducement for which is a promise to grant an academic or
professional degree, when said institution has not been granted
authority under the provisions of this act to grant degrees, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished for each offense by a fine of not less than One Hundred
Dollars ($100.00), and not more than Five Hundred Dollars ($500.00),
or by imprisonment for not less than thirty (30) days or for not more
than six (6) months, or by both such fine and imprisonment.
Laws 1917, c. 147, p. 237, § 4.
§70-1925. Announcement or advertisement - Punishment.
Any person that announces or advertises that he will grant
degrees when said institution has not been granted authority under
the provisions of this act to grant degrees shall be deemed guilty of
a misdemeanor, and on conviction thereof, shall be punished for each
offense by a fine of not less than One Hundred Dollars ($100.00), or
more than Five Hundred Dollars ($500.00), or by imprisonment for not
*+,-11'121#+,, .;$)
less than thirty (30) days or more than six (6) months, or by both
fine and imprisonment.
Laws 1917, c. 147, p. 237, § 5.
§70-1926. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-1931. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1932. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1933. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1934. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1935. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1936. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1937. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1938. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1939. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1940. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1941. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1946.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.2. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.3. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.4. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.5. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.6. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
*+,-11'121#+,, .;$!
§70-1946.7. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.8. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.9. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.10. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.11. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.12. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.13. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.14. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1946.15. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-1951. Repealed by Laws 1947, p. 566, § 2.
§70-1952. Repealed by Laws 1947, p. 566, § 2.
§70-1953. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1961. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1962. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1971. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1972. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1973. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1974. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1975. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;$
§70-1976. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1977. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1978. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1979. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1980. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1981. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1982. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1983. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1984. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1985. Repealed by Laws 1947, p. 567, § 2.
§70-1986. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1987. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1988. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1989. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1990. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1991. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-1992. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2001. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2002. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2003. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2021. Repealed by Laws 1961, p. 578, § 1.
§70-2022. Repealed by Laws 1961, p. 578, § 1.
§70-2023. Repealed by Laws 1961, p. 578, § 1.
§70-2024. Repealed by Laws 1961, p. 578, § 1.
*+,-11'121#+,, .;$"
§70-2051. Repealed by Laws 1947, p. 567, § 2.
§70-2052. Repealed by Laws 1947, p. 567, § 2.
§70-2053. Repealed by Laws 1947, p. 567, § 2.
§70-2054. Repealed by Laws 1947, p. 567, § 2.
§70-2055. Repealed by Laws 1947, p. 567, § 2.
§70-2056. Repealed by Laws 1947, p. 567, § 2.
§70-2057. Repealed by Laws 1947, p. 567, § 2.
§70-2058. Repealed by Laws 1947, p. 567, § 2.
§70-2059. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2071. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2072. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2072.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-2073. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2074. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2075. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2076. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2077. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2078. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2078.1. Repealed by Laws 1965, c. 396, § 1309, eff. July 1,
1965.
§70-2079. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2080. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2081. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
*+,-11'121#+,, .;$
§70-2082. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2091. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2092. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2093. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2094. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2095. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2096. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2097. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2111. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2112. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2115. Vehicles owned by System of Higher Education - Liability
limits.
A. Boards of Regents, institutions and agencies comprising The
Oklahoma State System of Higher Education which are authorized to own
and operate vehicles are hereby authorized to carry public liability
insurance on such vehicles and pay the premiums out of non-state-
appropriated funds for the following kinds of insurance not to exceed
the limits indicated:
1. Bodily injury liability, One Hundred Thousand Dollars
($100,000.00) each person, Three Hundred Thousand Dollars
($300,000.00) each accident;
2. Property damage liability, Twenty Thousand Dollars
($20,000.00) each accident; and
3. Medical expense, Ten Thousand Dollars ($10,000.00).
B. If a vehicle is donated to a board of regents of an
institution within The Oklahoma State System of Higher Education as
provided for in Section 4 of this act, the board of regents is
authorized to carry liability insurance in the following limits:
1. Bodily injury liability, Five Thousand Dollars ($5,000.00)
each person, Ten Thousand Dollars ($10,000.00) each accident; and
2. Property damage liability, Five Thousand Dollars ($5,000.00).
C. The liability insurance shall be on standard policy forms
approved by the State Insurance Board with companies authorized to do
business in Oklahoma. To the extent that an insurer has provided
indemnity in a contract of insurance to the Board of Regents, an
institution or an agency to which the act applies, the insurer may
not plead as a defense in any action involving insurance purchased
*+,-11'121#+,, .;(
pursuant to this act, the governmental immunity of either the State
of Oklahoma or of any political subdivision or agency thereof which
has purchased insurance authorized by this act.
D. The use of a motor vehicle for the purposes stated in Section
4 of this act by an institution of higher education is declared to be
a public governmental function.
Added by Laws 1965, c. 121, § 1, emerg. eff. May 24, 1965. Amended
by Laws 1999, c. 171, § 3, emerg. eff. May 21, 1999.
§70-2116. Donation of motor vehicle to board of regents – Written
agreement.
A. The board of regents of any institution within The Oklahoma
State System of Higher Education may enter into a written agreement
with any person or business entity covering the donation to the board
of regents of any motor vehicle for use by the institution in
connection with any technical education, training, maintenance, or
other similar education program, or in administering any such program
operated by or under the direction of the board of regents. The
agreement shall be executed by the board of regents or an
administrative officer for the board of regents and the manufacturer
of the motor vehicle.
B. The written donation agreement shall:
1. Specify the monetary consideration for the donation, if any;
2. Provide that ownership of the motor vehicle remain with the
board of regents; and
3. State the make and model of the motor vehicle.
Added by Laws 1999, c. 171, § 4, emerg. eff. May 21, 1999.
§70-2117. Special license plate.
Each motor vehicle donated to the board of regents of an
institution within The Oklahoma State System of Higher Education as
provided for in Section 4 of this act may be operated for such
purposes with a special license plate attached to the motor vehicle.
The special license plate shall be issued for a fee of One Dollar
($1.00). The special license plate may be used only while the motor
vehicle is in the possession or under the control of the board of
regents.
Added by Laws 1999, c. 171, § 5, emerg. eff. May 21, 1999.
§70-2118. Unlawful operation.
It shall be unlawful for any person to operate a motor vehicle
bearing a special license plate as provided for in Section 5 of this
act on any street, road, or highway in this state for any purpose
other than in connection with any technical education, training,
maintenance, or other similar educational program, or in the
administration of the program. Violation of the provisions of this
*+,-11'121#+,, .;(
section shall be punishable by a fine not to exceed Fifty Dollars
($50.00).
Added by Laws 1999, c. 171, § 6, emerg. eff. May 21, 1999.
§70-2119. Definitions.
As used in Sections 1 through 5 of this act:
1. "Benefit" includes, without limitation:
a. recognition,
b. registration,
c. the use of facilities of the public institution of
higher education for meetings or speaking purposes,
d. the use of channels of communication of the public
institution of higher education, and
e. funding sources that are otherwise available to other
student associations in the public institution of
higher education;
2. "Exercise of religion" includes without limitation the
practice or observance of religion as interpreted under state law or
the First Amendment of the United States Constitution, whichever
interpretation is broader;
3. "Public institution of higher education" includes any
institution that is a member of The Oklahoma State System of Higher
Education or of a technology center school district;
4. "Substantially burdens" includes without limitation an action
by a public institution of higher education which directly or
indirectly:
a. constrains or inhibits conduct or expression that
reflects a student's sincerely held religious beliefs,
b. denies a student an opportunity to engage in religious
activities, or
c. pressures a student either:
(1) to not engage in conduct or expression motivated
by a sincerely held religious belief, or
(2) to engage in conduct or expression contrary to a
sincerely held religious belief;
5. "Student" means a person who is enrolled full-time or part-
time in a public institution of higher education; and
6. "Religious student association" means an association of
students organized around shared religious beliefs.
Added by Laws 2014, c. 350, § 1, eff. Nov. 1, 2014.
§70-2119.1. Protection for religious student associations.
A. No public institution of higher education may take any action
or enforce any policy that would deny a religious student association
any benefit available to any other student association, or
discriminate against a religious student association with respect to
*+,-11'121#+,, .;($
such benefit, based on that association's requirement that its
leaders or members:
1. Adhere to the association's sincerely held religious beliefs;
2. Comply with the association's sincere religious observance
requirements;
3. Comply with the association's sincere religious standards of
conduct; or
4. Be committed to furthering the association's religious
missions,
as such religious beliefs, observance requirements, standards of
conduct or missions are defined by the religious student association,
or the religion upon which the association is based.
B. The legal standard provided in subsection B of Section 3 of
this act shall not apply to this section.
Added by Laws 2014, c. 350, § 2, eff. Nov. 1, 2014.
§70-2119.2. Protection for student's exercise of religion.
A. In addition to the protections provided in Section 2 of this
act, no public institution of higher education may substantially
burden a student's exercise of religion, even if the burden results
from a rule of general applicability, except as provided in
subsection B of this section.
B. A public institution of higher education may substantially
burden a student's exercise of religion only if that institution
demonstrates that application of the burden to the student:
1. Is in furtherance of a compelling interest of the public
institution of higher education;
2. Actually furthers that interest; and
3. Is the least restrictive means of furthering that interest.
Added by Laws 2014, c. 350, § 3, eff. Nov. 1, 2014.
§70-2119.3. Claims and defenses.
A student or religious student association aggrieved by a
violation of Section 2 or 3 of this act may assert that violation as
a claim or defense in a judicial or administrative proceeding against
the public institution of higher education and obtain appropriate
relief, including damages, against that institution from a court or
administrative body.
Added by Laws 2014, c. 350, § 4, eff. Nov. 1, 2014.
§70-2119.4. Construction.
These provisions shall be construed in favor of a broad
protection of religious freedom, to the maximum extent permitted by
their terms and by the Constitutions of this state and the United
States of America.
Added by Laws 2014, c. 350, § 5, eff. Nov. 1, 2014.
*+,-11'121#+,, .;((
§70-2120. Protected expressive activities on campus.
A. As used in this act:
1. "Campus community" means students, administrators, faculty
and staff at the public institution of higher education and their
invited guests;
2. "Harassment" means only that expression that is unwelcome, so
severe, pervasive and subjectively and objectively offensive that a
student is effectively denied equal access to educational
opportunities or benefits provided by the public institution of
higher education;
3. "Materially and substantially disrupts" means when a person,
with the intent to or with knowledge of doing so, significantly
hinders another person's or group's expressive activity, prevents the
communication of the message or prevents the transaction of the
business of a lawful meeting, gathering or procession by:
a. engaging in fighting, violent or other unlawful
behavior, or
b. physically blocking or using threats of violence to
prevent any person from attending, listening to,
viewing or otherwise participating in an expressive
activity. Conduct that "materially disrupts" shall not
include conduct that is protected under the First
Amendment to the United States Constitution or Section
22 of Article 2 of the Oklahoma Constitution. Such
protected conduct includes but is not limited to lawful
protests in the outdoor areas of campus generally
accessible to the members of the public, except during
times when those areas have been reserved in advance
for other events, or minor, brief or fleeting
nonviolent disruptions of events that are isolated and
short in duration;
4. "Outdoor areas of campus" means the generally accessible
outside areas of campus where members of the campus community are
commonly allowed, such as grassy areas, walkways or other similar
common areas and does not include outdoor areas where access is
restricted from a majority of the campus community;
5. "Public institution of higher education" means any
institution within The Oklahoma State System of Higher Education or
technology center schools overseen by the State Board of Career and
Technology Education; and
6. "Student organization" means an officially recognized group
at a public institution of higher education, or a group seeking
official recognition, comprised of admitted students that receive or
are seeking to receive benefits through the public institution of
higher education.
B. Expressive activities protected under the provisions of this
section include but are not limited to any lawful verbal, written,
*+,-11'121#+,, .;(
audio-visual or electronic means by which individuals may communicate
ideas to one another, including all forms of peaceful assembly,
protests, speeches and guest speakers, distribution of literature,
carrying signs and circulating petitions.
C. 1. The outdoor areas of campuses of public institutions of
higher education in this state shall be deemed public forums for the
campus community, and public institutions of higher education shall
not create "free speech zones" or other designated areas of campus
outside of which expressive activities are prohibited. Public
institutions of higher education may maintain and enforce reasonable
time, place and manner restrictions narrowly tailored in service of a
significant institutional interest only when such restrictions employ
clear, published, content- and viewpoint-neutral criteria and provide
for ample alternative means of expression. Any such restrictions
shall allow for members of the campus community to spontaneously and
contemporaneously assemble and distribute literature.
2. Nothing in this subsection shall be interpreted as limiting
the right of student expression elsewhere on campus.
D. 1. Any person who wishes to engage in noncommercial
expressive activity on campus shall be permitted to do so freely, as
long as the person's conduct is not unlawful and does not materially
and substantially disrupt the functioning of the public institutions
of higher education, subject only to the requirements of subsection C
of this section.
2. Nothing in this subsection shall prohibit public institutions
of higher education from maintaining and enforcing reasonable time,
place and manner restrictions that are narrowly tailored to serve a
significant institutional interest only when such restrictions employ
clear, published, content- and viewpoint-neutral criteria. Any such
restrictions shall allow for members of the campus community to
spontaneously and contemporaneously assemble, speak and distribute
literature.
3. Nothing in this subsection shall be interpreted as preventing
public institutions of higher education from prohibiting, limiting or
restricting expression that the First Amendment does not protect or
prohibiting harassment as defined by this section.
4. Nothing in this section shall enable individuals to engage in
conduct that intentionally, materially and substantially disrupts
another person's expressive activity if that activity is occurring in
a campus space reserved for that activity under the exclusive use or
control of a particular group.
E. Public institutions of higher education shall make public in
their handbooks, on their websites and through their orientation
programs for students the policies, regulations and expectations of
students regarding free expression on campus consistent with this
section.
*+,-11'121#+,, .;()
F. Public institutions of higher education shall develop
materials, programs and procedures to ensure that those persons who
have responsibility for discipline or education of students,
including but not limited to administrators, campus police officers,
residence life officials and professors, understand the policies,
regulations and duties of public institutions of higher education
regarding free expression on campus consistent with this section.
G. 1. Each public institution of higher education shall
publicly post on its website, as well as submit to the Governor and
the Legislature annually by December 31, a report that details the
course of action implemented to be in compliance with the
requirements of this section. A report shall also be given in the
instance of any changes or updates to the chosen course of action.
The information required in the report shall be:
a. accessible from the institution's website home page by
use of not more than three links,
b. searchable by key words and phrases, and
c. accessible to the public without requiring registration
or use of a user name, password or another user
identification.
2. The report shall include:
a. a description of any barriers to or incidents of
disruption of free expression occurring on campus,
including but not limited to attempts to block or
prohibit speakers and investigations into students or
student organizations for their speech. The
description shall include the nature of each barrier or
incident, as well as what disciplinary action, if any,
was taken against members of the campus community
determined to be responsible for those specific
barriers or incidents involving students without
revealing those students' personally identifiable
information, and
b. any other information each public institution of higher
education deems valuable for the public to evaluate
whether free expression rights for all members of the
campus community have been equally protected and
enforced consistent with this act.
3. If a public institution of higher education is sued for an
alleged violation of First Amendment rights, a supplementary report
with a copy of the complaint, or any amended complaint, shall be
submitted to the Governor and the Legislature within thirty (30)
days.
H. Any person or student organization aggrieved by a violation
of this section may bring an action against the public institution of
higher education and its employees acting in their official
capacities responsible for the violation and seek appropriate relief,
*+,-11'121#+,, .;(!
including but not limited to injunctive relief, monetary damages,
reasonable attorneys' fees and court costs. Any person or student
organization aggrieved by a violation of this section may assert such
violation as a defense or counter claim in any disciplinary action or
in any civil or administrative proceedings brought against such
student or student organization. Nothing in this subsection shall be
interpreted to limit any other remedies available to any person or
student organization.
I. A person shall be required to bring suit for violation of
this section no later than one year after the day the cause of action
occurs. For purposes of calculating the one-year limitation period,
each day that the violation persists and each day that a policy in
violation of this section remains in effect shall constitute a new
day that the cause of action has occurred.
J. If any provision of this section or any application of such
provision to any person or circumstance is held to be
unconstitutional, the remainder of the section and the application of
the provision to any other person or circumstance shall not be
affected.
Added by Laws 2019, c. 212, § 1.
§70-2121. Repealed by Laws 1969, c. 47, § 4, eff. March 4, 1969.
§70-2122. Repealed by Laws 1969, c. 47, § 4, eff. March 4, 1969.
§70-2123. Repealed by Laws 1969, c. 47, § 4, eff. March 4, 1969.
§70-2124. Repealed by Laws 1985, c. 198, § 3.
§70-2125. Repealed by Laws 1985, c. 198, § 3.
§70-2126. Repealed by Laws 1985, c. 198, § 3.
§70-2127. Southern Regional Education Compact.
The Southern Regional Educational Compact is hereby entered into
by this state with all other states legally joining therein in
accordance with its terms in the form substantially as follows:
THE REGIONAL COMPACT
(As amended)
WHEREAS, the states who are parties hereto have during the past
several years conducted careful investigation looking toward the
establishment and maintenance of jointly owned and operated regional
educational institutions in the Southern States in the professional,
technological, scientific, literary and other fields, so as to
provide greater educational advantages and facilities for the
citizens of the several states who reside within such region; and
*+,-11'121#+,, .;(
WHEREAS, Meharry Medical College of Nashville, Tennessee, has
proposed that its lands, buildings, equipment, and the net income
from its endowment be turned over to the Southern States, or to an
agency acting in their behalf, to be operated as a regional
institution for medical, dental and nursing education upon terms and
conditions to be hereafter agreed upon between the Southern States
and Meharry Medical College, which proposal, because of the present
financial condition of the institution, has been approved by the said
states who are parties hereto; and
WHEREAS, the said states desire to enter into a compact with each
other providing for the planning and establishment of regional
educational facilities;
NOW, THEREFORE, in consideration of the mutual agreements,
covenants and obligations assumed by the respective states who are
parties hereto (hereinafter referred to as "states"), the said
several states do hereby form a geographical district or region
consisting of the areas lying within the boundaries of the
contracting states which, for the purposes of this compact, shall
constitute an area for regional education supported by public funds
derived from taxation by the constituent states and derived from
other sources for the establishment, acquisition, operation and
maintenance of regional educational schools and institutions for the
benefit of citizens of the respective states residing within the
region so established as may be determined from time to time in
accordance with the terms and provisions of this compact.
The states do further hereby establish and create a joint agency
which shall be known as the Board of Control for Southern Regional
Education (hereinafter referred to as the "Board"), the members of
which Board shall consist of the Governor of each state, ex officio,
and three (3) additional citizens of each state to be appointed by
the Governor thereof, at least one (1) of whom shall be selected from
the field of education. The Governor shall continue as a member of
the Board during his tenure of office as Governor of the State, but
the members of the Board appointed by the Governor shall hold office
for a period of four (4) years except that in the original
appointments one (1) Board member so appointed by the Governor shall
be designated at the time of his appointment to serve an initial term
of two (2) years, one (1) Board member to serve an initial term of
three (3) years, and the remaining Board member to serve the full
term of four (4) years, but thereafter the successor of each
appointed Board member shall serve the full term of four (4) years.
Vacancies on the Board caused by death, resignation, refusal or
inability to serve, shall be filled by appointment by the Governor
for the unexpired portion of the term. The officers of the Board
shall be a Chairman, a Vice Chairman, a Secretary, a Treasurer, and
such additional officers as may be created by the Board from time to
time. The Board shall meet annually and officers shall be elected to
*+,-11'121#+,, .;("
hold office until the next annual meeting. The Board shall have the
right to formulate and establish by-laws not inconsistent with the
provisions of this compact to govern its own actions in the
performance of the duties delegated to it including the right to
create and appoint an Executive Committee and a Finance Committee
with such powers and authority as the Board may delegate to them from
time to time. The Board may, within its discretion, elect as its
Chairman a person who is not a member of the Board, provided such
person resides within a signatory state, and upon such election such
person shall become a member of the Board with all the rights and
privileges of such membership.
It shall be the duty of the Board to submit plans and
recommendations to the states from time to time for their approval
and adoption by appropriate legislative action for the development,
establishment, acquisition, operation and maintenance of educational
schools and institutions within the geographical limits of the
regional area of the state, of such character and type and for such
educational purposes, professional, technological, scientific,
literary, or otherwise, as they may deem and determine to be proper,
necessary or advisable. Title to all such educational institutions
when so established by appropriate legislative actions of the states
and to all properties and facilities used in connection therewith
shall be vested in said Board as the agency of and for the use and
benefit of the said states and the citizens thereof, and all such
educational institutions shall be operated, maintained and financed
in the manner herein set out, subject to any provisions or
limitations which may be contained in the legislative acts of the
states authorizing the creation, establishment and operation of such
educational institutions.
In addition to the power and authority heretofore granted, the
Board shall have the power to enter into such agreements or
arrangements with any of the states and with educational institutions
or agencies, as may be required in the judgment of the Board, to
provide adequate services and facilities for the graduate,
professional, and technical education for the benefit of the citizens
of the respective states residing within the region, and such
additional and general power and authority as may be vested in the
Board from time to time by legislative enactment of the said states.
Any two (2) or more states who are parties of this compact shall
have the right to enter into supplemental agreements providing for
the establishment, financing and operation of regional educational
institutions for the benefit of citizens residing within an area
which constitutes a portion of the general region herein created,
such institutions to be financed exclusively by such states and to be
controlled exclusively by the members of the Board representing such
states provided such agreement is submitted to and approved by the
Board prior to the establishment of such institutions.
*+,-11'121#+,, .;(
Each state agrees that, when authorized by the Legislature, it
will from time to time make available and pay over to said Board such
funds as may be required for the establishment, acquisition,
operation and maintenance of such regional educational institutions
as may be authorized by the states under the terms of this compact,
the contribution of each state at all times to be in the proportion
that its population bears to the total combined population of the
states who are parties hereto as shown from time to time by the most
recent official published report of the Bureau of the Census of the
United States of America; or upon such other basis as may be agreed
upon.
This compact shall not take effect or be binding upon any state
unless and until it shall be approved by proper legislative action of
as many as six (6) or more of the states whose Governors have
subscribed hereto within a period of eighteen (18) months from the
date hereof. When and if six (6) or more states shall have given
legislative approval to this compact within said eighteen (18)
months' period, it shall be and become binding upon such six (6) or
more states sixty (60) days after the date of legislative approval by
the sixth state and the Governors of such six (6) or more states
shall forthwith name the members of the Board from their states as
hereinabove set out, and the Board shall then meet on call of the
Governor of any state approving this compact, at which time the Board
shall elect officers, adopt by-laws, appoint committees and otherwise
fully organize. Other states whose names are subscribed hereto shall
thereafter become parties hereto upon approval of this compact by
legislative action within two (2) years from the date hereof, upon
such conditions as may be agreed upon at the time. Provided, however,
that with respect to any state whose constitution may require
amendment in order to permit legislative approval of the compact,
such state or states shall become parties hereto upon approval of
this compact by legislative action within seven (7) years from the
date hereof, upon such conditions as may be agreed upon at the time.
After becoming effective this compact shall thereafter continue
without limitation of time; provided, however, that it may be
terminated at any time by unanimous action of the states and provided
further that any state may withdraw from this compact if such
withdrawal is approved by its Legislature, such withdrawal to become
effective two (2) years after written notice thereof to the Board
accompanied by a certified copy of the requisite legislative action,
but such withdrawal shall not relieve the withdrawing state from its
obligations hereunder accruing up to the effective date of such
withdrawal. Any state so withdrawing shall ipso facto cease to have
any claim to or ownership of any of the property held or vested in
the Board or to any of the funds of the Board held under the terms of
this compact.
*+,-11'121#+,, .;
If any state shall at any time become in default in the
performance of any of its obligations assumed herein or with respect
to any obligation imposed upon said state as authorized by and in
compliance with the terms and provisions of this compact, all rights,
privileges and benefits of such defaulting state, its members on the
Board and its citizens shall ipso facto be and become suspended from
and after the date of such default. Unless such default shall be
remedied and made good within a period of one (1) year immediately
following the date of such default this compact may be terminated
with respect to such defaulting state by an affirmative vote of
three-fourths (3/4) of the members of the Board (exclusive of the
members representing the state in default), from and after which time
such state shall cease to be a party to this compact and shall have
no further claim to or ownership of any of the property held by or
vested in the Board or to any of the funds of the Board held under
the terms of this compact, but such termination shall in no manner
release such defaulting state from any accrued obligation or
otherwise affect this compact or the rights, duties, privileges or
obligations of the remaining states thereunder.
Added by Laws 1985, c. 198, § 1.
§70-2128. Administration.
The Oklahoma State Regents for Higher Education is hereby
designated to be the agency of the State of Oklahoma to administer
the Regional Education program in cooperation with other southern
states.
Added by Laws 1985, c. 198, § 2.
§70-2141. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2142. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2143. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2144. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2145. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2146. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;
§70-2147. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2148. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2149. Repealed by Laws 1965, c. 396, § 1309, eff. July 1, 1965.
§70-2150. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2151. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2152. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2153. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2154. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2155. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2156. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2157. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2158. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2159. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2160. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2161. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2162. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
*+,-11'121#+,, .;$
§70-2163. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2164. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2165. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
§70-2166. Televised instruction system - Cooperative agreements -
Revolving fund - Appropriation.
The Oklahoma State Regents for Higher Education may establish and
maintain as a part of the state system of higher education a system
of televised instruction designed primarily for persons living in
industrial communities remote from campuses of colleges and
universities and for the interchange of classes and teachers between
campuses of the state's public and private colleges and universities;
and may enter into cooperative agreements with federal agencies,
state agencies and public and private educational institutions and
receive, use and administer grants, contributions and donations of
funds and property for such purpose. All such funds shall be
deposited in a revolving fund, which is hereby created, to be known
as the Oklahoma State Regents for Higher Education Televised
Instruction Revolving Fund, which revolving fund shall be nonfiscal
and be used and expended by the State Regents for the aforesaid
purpose. Up to One Million Dollars ($1,000,000.00) of the funds
received by or credited to the account of the State Regents from
investments by the State Treasurer from proceeds of building bonds as
provided by Senate Bill No. 349 and Senate Bill No. 350 of the First
Session of the Thirty-Second Legislature, or similar funds hereafter
provided in legislation vitalizing Section 38, Article X, Oklahoma
Constitution, may be used and expended by the State Regents for the
purpose of planning and installing the televised instruction system.
There is also hereby appropriated to the State Regents from any
monies in the General Revenue Fund of the State Treasury, not
otherwise appropriated, the sum of Two Hundred Thousand Dollars
($200,000.00) for the purpose of establishing, maintaining and
operating the televised instruction system, the sum so appropriated
to be nonfiscal and to be subject to encumbrance at any time within
thirty (30) months after the effective date of this act.
Laws 1970, c. 3, § 1, emerg. eff. Feb. 3, 1970.
§70-2167. Legislative intent.
It is the intent of the Legislature that the State Regents
continue to study and determine the feasibility of establishing a
statewide joint system to make use of the above services in all
colleges, municipal or community junior colleges and technology
*+,-11'121#+,, .;(
center schools in Oklahoma, or make use of the above services in any
one of such colleges upon proper agreement.
Added by Laws 1970, c. 3, § 2, emerg. eff. Feb. 3, 1970. Amended by
Laws 2001, c. 33, § 137, eff. July 1, 2001.
§70-2201. Authorization to construct and equip buildings, plants,
systems, etc. - Fees and charges.
Any school district which has established junior college
educational courses above the twelfth grade which complies with the
regulations and standards set up by the State Board of Education and
the State Regents for Higher Education, by its Board of Education,
acting for and in behalf of such school district, subject to and in
accordance with the terms hereof, is hereby authorized from time to
time to set aside such portion of its respective campuses or of the
campuses under the jurisdiction of said Board, or any other land
owned or leased by said Board as may be necessary and suitable for
the construction thereon of dormitories, kitchens, dining halls,
auditoriums, student union buildings, field houses, stadiums, public
utility plants, and systems for the supplying of water, gas, heat, or
power to the junior college or such college or institution, and other
self-liquidating projects and other revenue-producing buildings
deemed necessary by said Board for the comfort, convenience, and
welfare of its students, and suitable for the purposes for which said
institutions were established, including additions to existing
buildings used for such purposes; to acquire through construction,
purchase, condemnation, or any combination thereof, such dormitories,
kitchens, dining halls, auditoriums, student union buildings, field
houses, stadiums, public utility plants and systems, and other
revenue-producing buildings and acquire or construct additions,
improvements, and extensions to existing buildings and structures
used for such purposes and to equip, furnish, maintain, and operate
all such buildings and structures; and to acquire through purchase,
condemnation or otherwise, any land, rights-of-way, easements,
licenses and permits needed for the present or future use of such
buildings, structures, plants, and systems; provided, that such Board
of Education shall not construct or acquire, for its respective
institution, such utility plants or systems whose capacity is in
excess of the present or reasonably contemplated future needs of such
institution.
When, in the opinion of the Board of Education of any such
institution, any of the buildings, structures, plants, and systems
constructed, acquired, improved, extended, added to, furnished, or
equipped as above authorized are deemed necessary by the said Board
for the comfort, convenience, and welfare of the student body as a
whole, or for any specified class or part thereof, the Board of
Education shall have authority to charge and collect from all
students in attendance at such college, school, or institution, or
*+,-11'121#+,, .;
from any specified class or part thereof for which such facilities
are so deemed necessary, fees and charges for the use or availability
of such buildings and structures and for the services or commodities
to be made available by such plants, systems, or facilities. The
proceeds of all such fees and charges shall be considered as revenues
within the meaning of Section 3 hereof and the provisions of said
section shall be applicable thereto. Where the commodities and
services supplied by any such plant and system temporarily shall be
found to be in excess of the requirements of the college, school, or
institution, the Board of Education may sell the surplus to other
public or nonprofit consumers, including incorporated municipalities,
and in that connection may enter into such agreements as it may
consider advisable. All revenues received from the sale of such
surplus shall likewise be considered and treated as other revenues
under Section 3 hereof. Such Board of Education may also enter into
agreements for the purchase of water, electricity, gas, heat, or
power to be distributed through the medium of any such plant or
system, provided only that no agreement entered into under the
provisions of this paragraph shall pledge the credit of the State of
Oklahoma.
Added by Laws 1961, p. 556, § 1, emerg. eff. June 29, 1961.
§70-2202. Bonds.
For the purpose of paying all or part of the cost of acquisition
of any such lands, rights-of-way, easements, licenses, and permits,
and the construction, acquisition, equipment, and furnishing of any
such building or buildings, or structure or structures, plants, or
systems, or of any additions, improvements, or extensions thereto, or
any additions to existing buildings, the Board of Education of the
institution for which such buildings, structures, plants, or systems
(all of which lands, rights-of-way, easements, licenses, and permits,
buildings, structures, plants, and systems constructed, acquired,
added to, improved or extended hereunder as a single project are
hereafter referred to as "the building") are to be constructed,
acquired, added to, improved, extended, furnished, or equipped (which
Board of Education or each of them is hereinafter referred to as "the
Board") is authorized to borrow money on the credit of the income and
revenues to be derived from the operation of the building and, in
anticipation of the collection of such income and revenues, to issue
negotiable bonds in such amount as may in the opinion of the Board be
necessary for such purposes, and is authorized to provide for the
payment of such bonds and the rights of the holders thereof as
hereinafter provided. Such bonds may be issued in one or more
series, may bear such date or dates, may mature at such time or times
not exceeding forty (40) years from their date, may be in such
denomination or denominations, may be in such form, either coupon or
registered, may carry such registration and conversion privileges,
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may be executed in such manner, may be payable in such medium of
payment at such place or places, may be subject to such terms of
redemption with or without premium, and may bear such rate or rates
of interest, not exceeding five percent (5%) per annum, as may be
provided by resolution or resolutions to be adopted by the Board.
Such bonds may be sold in such manner and at such price or prices,
not less than par plus accrued interest to date of delivery, as may
be considered by the Board to be advisable, but interest costs to
maturity for any bonds issued hereunder shall not exceed five percent
(5%) per annum, computed on the basis of average maturities according
to standard tables of bond values. Such bonds shall have all of the
qualities and incidents of negotiable paper, and shall not be subject
to taxation by the State of Oklahoma or by any county, municipality,
or political subdivision therein. The Board may in its discretion
authorize one issue of bonds hereunder for the construction,
acquisition, adding to, improving, extending, furnishing, or
equipping of more than one building, as "building" is above defined,
and may make one issue of bonds payable from the combined revenues of
all buildings so constructed, acquired, added to, improved, extended,
furnished, or equipped, in whole or in part, with the proceeds
thereof, and where bonds are so issued the words "the building" as
herein used shall be construed to refer to all such buildings.
In the event any issue or series of bonds is issued under
authority of this act pursuant to a loan agreement or bond purchase
agreement with any agency of the U.S. Government, then and in that
event, notwithstanding any other provision of law, the Board may in
any resolution authorizing bonds hereunder provide for the initial
issuance of one or more bonds (in this section called "bond")
aggregating the amount of the entire issue and make such provision
for installment payments of the principal amount of any such bond as
it may consider desirable and may provide for the making of any such
bond, payable to bearer or otherwise, registrable as to principal or
as to both principal and interest, and, where interest accruing
thereon is not represented by interest coupons, for the endorsing of
payments of interest on such bonds. The Board may further make
provision in any such resolution for the manner and circumstances in
and under which any such bond may in the future, at the request of
the holder thereof, be converted into bonds of smaller denominations,
which bonds of smaller denominations may in turn be either coupon
bonds or bonds registrable as to principal or principal and interest.
In addition to the above authority to borrow money on the credit
of the income and revenues to be derived from the operation of said
buildings, the board may also so borrow on the income and revenue
derived from any existing revenue-producing building or facility, or
facilities.
The Board may issue bonds hereunder for the purpose of refunding
any obligations of the Board payable from the revenues of any
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building, as "building" is hereinabove defined, or may authorize and
deliver a single issue of bonds hereunder for the purpose in part of
refunding obligations of the Board payable from the revenues derived
from any building or buildings and in part for making of additions,
improvements, and extensions to such building or buildings, or the
construction or acquisition of additional buildings, and the
furnishing and equipping of such buildings or additions. Where bonds
are issued under this paragraph solely for refunding purposes, such
bonds may either be sold as above provided or delivered in exchange
for the outstanding obligations. If sold, the proceeds may be either
applied to the payment of the obligations refunded or deposited in
escrow for the retirement thereof. Nothing herein contained shall be
construed to authorize the refunding of any outstanding obligations
which are not either maturing, callable for redemption under their
terms, or voluntarily surrendered by their holder for cancellation,
unless the Board covenants that sufficient funds to pay all remaining
interest and principal payments of the outstanding obligations when
due will be placed in escrow for such purpose in the State Treasury
at the time of delivery of and payment for the new bonds issued
hereunder. All bonds issued under this paragraph shall in all
respects be authorized, issued, and secured in the manner provided
for other bonds issued under this act, and shall have all of the
attributes of such bonds. The Board may provide that any such
refunding bonds shall have the same priority of lien on the revenues
pledged for their payment as was enjoyed by the obligation refunded
thereby.
All proceedings heretofore adopted by said Board of Education for
the issuance of revenue bonds on a parity as to payment with other
existing revenue bonds and/or which provide for the pledging of
revenues from the building to be constructed, improved, and furnished
from the proceeds of revenue bonds and income and revenue derived
from any existing revenue-producing building or facility, or
facilities, and the bonds issued pursuant thereto are hereby
validated, ratified, and confirmed, and such revenue bonds constitute
valid and binding obligations in accordance with the terms of such
proceedings, provided, however, that said proceedings were not in
contravention of this act.
Added by Laws 1961, p. 557, § 2, emerg. eff. June 29, 1961.
§70-2203. Bonds as special obligations - Covenants.
The bonds issued hereunder shall not be an indebtedness of the
State of Oklahoma or of the institution for which they are issued or
of the Board of Education thereof, but shall be special obligations
payable solely from the revenues to be derived from the operation of
the building, and the Board is authorized and directed to pledge all
or any part of such revenues to the payment of principal of and
interest on the bonds. In order to secure the prompt payment of such
*+,-11'121#+,, .;
principal and interest and the proper application of the revenues
pledged thereto, the Board is authorized by appropriate provisions in
the resolution or resolutions authorizing the bonds:
(a) to covenant as to the use and disposition of the proceeds of
the sale of such bonds;
(b) to covenant as to the operation of the building and the
collection and disposition of the revenues derived from such
operation;
(c) to covenant as to the rights, liabilities, powers, and duties
arising from the breach of any covenant or agreement into which it
may enter in authorizing and issuing the bonds;
(d) to covenant and agree to carry such insurance on the building
and the use and occupancy thereof as may be considered desirable and,
in its discretion, to provide that the cost of such insurance shall
be considered a part of the expense of operating the building;
(e) to vest in a trustee or trustees the right to receive all or
any part of the income and revenues pledged and assigned to or for
the benefit of the holder or holders of bonds issued hereunder and to
hold, apply, and dispose of the same, and the right to enforce any
covenant made to secure the bonds and to execute and deliver a trust
agreement or agreements which may set forth the powers and duties and
the remedies available to such trustee or trustees and may limit the
liabilities thereof and prescribe the terms and conditions upon which
such trustee or trustees or the holder or holders of the bonds in any
specified amount or percentage may exercise such rights and enforce
any or all such covenants and resort to such remedies as may be
appropriate;
(f) to fix rents, charges, and fees to be imposed in connection
with and for the use of the building and the facilities supplied
thereby, which rents, charges, and fees shall be considered to be
income and revenues derived from the operation of the building, and
are hereby expressly required to be fully sufficient to assure the
prompt payment of principal and interest on the bonds as each becomes
due, and to make and enforce such rules and regulations with
reference to the use of the building and with reference to requiring
any class or classes of students to use the building as it may deem
desirable for the welfare of the institution and its students or for
the accomplishment of the purposes of this act;
(g) to covenant to maintain a maximum percentage of occupancy of
the building;
(h) to covenant against the issuance of any other obligations
payable from the revenues to be derived from the building; and
(i) to make covenants other than and in addition to those herein
expressly mentioned of such character as may be considered necessary
or advisable to effect the purposes of this act.
All such agreements and covenants entered into by the Board shall
be binding in all respects upon the Board and its officials, agents,
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and employees, and upon its successors, and all such agreements and
covenants shall be enforceable by appropriate action or suit at law
or in equity, which may be brought by any holder or holders of bonds
issued hereunder.
Added by Laws 1961, p. 559, § 3, emerg. eff. June 29, 1961.
§70-2204. Agreements or contracts with United States.
The Board may enter into any agreement or contracts with the
United States of America or any agency or instrumentality thereof
which it may consider advisable or necessary in order to obtain a
grant of funds or other aid to be used in connection with the
proceeds of the bonds in paying the cost of the construction,
furnishing, and equipment of the building.
Added by Laws 1961, p. 560, § 4, emerg. eff. June 29, 1961.
§70-2205. Deposit of proceeds from bond sales.
The proceeds derived from the sale of the bonds herein authorized
shall be deposited by the Treasurer of the Board of Education to the
credit of the Board and kept in a separate fund and used solely for
the purpose for which the bonds are authorized. The Board is
authorized to make all contracts and execute all instruments which in
its discretion may be deemed necessary or advisable to provide for
the construction, furnishing, and equipment of the building, and the
Treasurer is hereby directed and authorized to issue warrants against
such funds for such amounts as he may from time to time find to be
due upon audited itemized estimates and claims which bear the
approval of the officials designated by the Board for such purpose.
Added by Laws 1961, p. 560, § 5, emerg. eff. June 29, 1961.
§70-2206. Deposit of income and revenues - Payment of principal and
interest.
Except as to revenues paid directly to a trustee under the
provisions of subsection (e) of Section 3 hereof, all income and
revenues derived from the operation of the building shall be
deposited as collected in a fund to be applied solely to the payment
of the principal of and interest on the bonds and, to the extent so
provided in the resolution authorizing the bonds, to the payment of
the cost of maintaining and operating the building and the
establishment of reserves for such purpose. As principal and
interest become due from time to time the Treasurer shall, not less
than fifteen (15) days prior to the payment date, transmit to the
paying agent for the bonds money from said fund in an amount
sufficient to pay the principal or interest so falling due. Said
fund and the money therein is hereby irrevocably pledged to such
purposes.
Added by Laws 1961, p. 560, § 6, emerg. eff. June 29, 1961.
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§70-2207. Approval of bonds - Incontestability.
All bonds issued hereunder shall have on the backs thereof the
certificate required by Section 29 of Article X of the Constitution
of Oklahoma. Such bonds shall be submitted to the Attorney General
of Oklahoma for his examination and when such bonds have been
examined and certified as legal obligations by the Attorney General,
in accordance with such requirements as he may make, shall be
incontestable in any court in the State of Oklahoma unless suit
thereon shall be brought in a court having jurisdiction thereof
within thirty (30) days from the date of such approval. Bonds so
approved by the Attorney General shall be prima facie valid and
binding obligations according to their terms, and the only defense
which may be offered thereto in any suit instituted after such
thirty-day period shall have expired shall be forgery, fraud, or
violation of the Constitution.
Added by Laws 1961, p. 560, § 7, emerg. eff. June 29, 1961.
§70-2208. Bonds as legal investment.
Any bank, trust, or insurance company organized under the laws of
Oklahoma may invest its capital, surplus, and reserves in bonds
issued under the provisions of this act. The officers having charge
of any sinking fund or any other fund of the state or any department,
agency, or institution thereof, including the various funds
established by Chapter 27 of Title 70 (House Bill No. 244 of the
Session Laws of 1945), or any county, city, town, township, or school
district in the state, may invest such funds in bonds issued under
the provisions of this act at the reasonable market value thereof.
Such bonds are also approved as collateral security for the deposit
of any public funds and for the investment of trust funds.
Added by Laws 1961, p. 561, § 8, emerg. eff. June 29, 1961.
§70-2209. Borrowing of money in anticipation of issuance of bonds.
Whenever the Board shall have adopted a resolution authorizing
the issuance of any series of bonds hereunder and said bonds have
been sold but prior to the time as of which the bonds can be
delivered the Board finds it necessary to borrow money for the
purpose for which the bonds were authorized, the Board may, by
appropriate resolution, authorize the borrowing of money in
anticipation of the issuance of the bonds, and the issuance of the
note or notes of the Board to evidence such borrowing. The amount so
borrowed shall not exceed the principal amount of the bonds and shall
not bear interest at a rate exceeding the average interest rate of
the bonds. Such note or notes shall be signed in the manner
prescribed by the Board and shall be made payable at such time or
times as the Board may prescribe not later than one (1) year from
their respective dates and may be renewed from time to time by the
issuance of new notes hereunder. The proceeds of any loan made under
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this section shall be devoted exclusively to the purposes for which
the bonds shall have been authorized and the note or notes and the
interest thereon shall be paid with the proceeds of the bonds
simultaneously with the delivery of the bonds. If for any reason the
bonds shall not be issued, the holder or holders of the notes shall
be entitled to all rights which would have been enjoyed by the
holders of the bonds had they been issued, and the notes shall be
paid from the revenues provided for the payment of the bonds and
shall be entitled to the benefit of all covenants, agreements, the
rights appearing in the resolution authorizing the bonds for the
benefit of the bonds.
Added by Laws 1961, p. 561, § 9, emerg. eff. June 29, 1961.
§70-2210. Approval of bonds by Supreme Court.
The Board is authorized in its discretion to file an application
with the Supreme Court of Oklahoma for the approval of any series of
bonds to be issued hereunder, and exclusive original jurisdiction is
hereby conferred upon the Supreme Court to hear and determine each
such application. It shall be the duty of the Court to give such
applications precedence over the other business of the Court and to
consider and pass upon the applications and any protests which may be
filed thereto as speedily as possible. Notice of the hearing on each
application shall be given by a notice published in a newspaper of
general circulation in the state that on a day named the Board will
ask the court to hear its application and approve the bonds. Such
notice shall inform all persons interested that they may file
protests against the issuance of the bonds and be present at the
hearing and contest the legality thereof. Such notice shall be
published one time not less than ten (10) days prior to the date
named for the hearing and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court shall be satisfied
that the bonds have been properly authorized in accordance with this
act and that when issued they will constitute valid obligations in
accordance with their terms, the Court shall render its written
opinion approving the bonds and shall fix the time within which a
petition for rehearing may be filed. The decision of the Court shall
be a judicial determination of the validity of the bonds, shall be
conclusive as to the Board, its officers, and agents, and thereafter
the bonds so approved and the revenues pledged to their payment shall
be incontestable in any court in the State of Oklahoma.
Added by Laws 1961, p. 561, § 10, emerg. eff. June 29, 1961.
§70-2211. Leases to nonprofit corporations.
In any instance in which the Board shall consider it preferable
to acquire the building or additions to existing buildings and
equipment therefor in the manner authorized in this section rather
than through the issuance of bonds by the Board, it may do so by
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complying with this section. In each such case the Board is
authorized to lease to any nonprofit corporation, organized for the
purpose of constructing the building or additions to existing
buildings, such portion or portions of the campus of the institution
as may be necessary as sites therefor. The lease shall contain such
provisions with respect to the type, construction, and operation of
any such building or addition as the Board may consider desirable,
and the Board may enter into agreements with the nonprofit
corporation as to the use which will be made of any such building or
addition, the operation, maintenance, and supervision of said
building or addition, the imposition of fees and charges by the Board
for the use of the building or addition, and the collection and
disposition to be made of the proceeds of such fees and charges. The
Board may agree to make such fees and charges adequate to provide a
sum sufficient to pay the cost of the maintenance and operation of
the building or any addition to existing buildings and the
amortization of the cost of the building or any addition to existing
buildings and equipment therefor, over a specified period of years,
and when such cost shall have been paid and any obligations issued by
the nonprofit corporation to finance such cost shall have been fully
paid as to principal and interest, the lease shall terminate and
title to the building or any addition to existing buildings and
equipment shall vest in the Board. The agreements herein authorized
to be entered into by the Board may, in the discretion of the Board,
include a lease of the buildings from the nonprofit corporation and
the payment of rentals therefor. The Board may furnish, without
charge, heat, light, water, power, and similar facilities for any
building erected under the provisions of this section and all
buildings and additions to existing buildings so erected and
equipment therefor shall be exempt from taxation.
Added by Laws 1961, p. 561, § 11, emerg. eff. June 29, 1961.
§70-2212. Use of other funds - Bonds not obligation of State.
No provision of this act shall be construed to authorize the
pledging or use of revenue of existing buildings and facilities for
other than auxiliary enterprise and other self-liquidating buildings
and facilities nor shall any provisions of this act be construed to
authorize the pledging or use of any revolving funds. No bonds
issued under the authorization of this act shall ever become an
obligation or debt of the State of Oklahoma.
Added by Laws 1961, p. 562, § 12, emerg. eff. June 29, 1961.
§70-2251. Validation of Memorandum of Understanding and Agreement
subscribed to by State Board of Vocational and Technical Education
and State Regents For Higher Education.
The Legislature takes note of the implications and significance
of this historic development in the administration of affairs
*+,-11'121#+,, .;)$
relating to public education in Oklahoma and validates the Memorandum
of Understanding and Agreement subscribed to by these two agencies of
state government.
Added by Laws 1973, p. 549, S.J.R. No. 35, § 1.
§70-2252. Definitions.
The term "higher education" as used in Article XIII-A of the
Constitution of Oklahoma and the vitalizing statutes or the term
"postsecondary education" shall mean all education of any kind beyond
the twelfth grade in which students pursue study and for which the
credit earned may apply toward meeting requirements for a degree,
diploma, or other postsecondary academic or collegiate award, and
shall also include bona fide postsecondary adult and continuing
education, extension and public service education, and organized
research as may be authorized by the State Regents as a part of the
functions and courses of study of a member institution in the
Oklahoma State System of Higher Education.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 2.
§70-2253. Manipulative skills - Development.
The development of vocational and occupational education which
involves manipulative skills such as machine shop, printing,
carpentry, stenography and distributive education shall be
accomplished primarily at the secondary level of learning in programs
provided by the high schools and technology center schools under the
jurisdiction of the State Board of Career and Technology Education.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 3. Amended by Laws
2001, c. 33, § 138, eff. July 1, 2001.
§70-2254. Skill-type programs.
Educational programs in practical nursing, cosmetology and other
skill-type programs requiring the completion of a certain number of
clock hours of training for licensing shall be the responsibility of
the technology center schools under the jurisdiction of the State
Board.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 4. Amended by Laws
2001, c. 33, § 139, eff. July 1, 2001.
§70-2255. Out-of-school youth and adults - Programs.
Programs in initial skill training, refresher skill training and
upgrade skill training for out-of-school youth and adults shall be
the responsibility of the State Board.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 5.
§70-2256. Cooperation with industrial development efforts.
It is a responsibility of the State Board to cooperate with the
industrial development efforts of the state by providing special
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training programs to support the activity. The State Board will
continue to provide this assistance in the area of initial skill
training for workers to be employed in new industry locations.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 6.
§70-2257. Theory oriented education programs.
The development of technical and occupational education that is
more theory oriented and requires knowledge of mathematics and/or the
physical sciences for specialization in the engineering and/or
scientific fields for preparation of support technician personnel
such as engineering technicians, registered nurses and medical
technicians, though not exclusive of other similar areas, shall be
accomplished in institutions of higher education under the
jurisdiction of the State Regents.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 7.
§70-2258. Approval of programs - Supplemental funding.
Technical and occupational education programs to be operated at
the postsecondary level must be authorized and approved by the State
Regents. Programs of technical and occupational education when
approved by the State Regents may be eligible for supplemental
funding provided by the State Board in accordance with terms of a
contract existing between the State Board and the State Regents.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 8.
§70-2259. Research and planning.
Research and planning for the further development of higher
education programs is accomplished by the State Regents including
reports relating to enrollments, program operations, admissions,
finances and the like, which are submitted by colleges and
universities to the State Regents as provided by law and regulation,
and information so gathered from these surveys and reports is
analyzed and utilized by the State Regents in evaluating the progress
of Oklahoma higher education and in planning for its future
development, provided that the information will be used by the State
Regents in making reports to the State Board regarding the operation
of those programs for which the State Board provides supplemental
funding and the results of other research will be shared as may be
appropriate and useful.
Added by Laws 1973, p. 550, S.J.R. No. 35, § 9.
§70-2260. Manpower supply and demand data.
The State Board shall make available to the State Regents
manpower supply and demand data and recommend the initiation,
expansion or discontinuance of postsecondary occupational education
programs as need for such is indicated by the demand data available.
Added by Laws 1973, p. 551, S.J.R. No. 35, § 10.
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§70-2261. Review and assessment.
The State Regents and the State Board should cooperate in a
comprehensive review and assessment of the needs, status and
direction of vocational, technical and occupational education in
Oklahoma with the view of preparing a statewide plan for the orderly,
systematic and coordinated development of programs as deemed
necessary to meet the needs of the people of Oklahoma in this field
of education, which state plan should delineate between educational
programs to be offered at the secondary level and those to be offered
at the postsecondary level in order that any unnecessary duplication
or overlap existing will be eliminated and that such will be avoided
in the development of secondary-postsecondary programs of vocational,
technical and occupational education in the future.
Added by Laws 1973, p. 551, S.J.R. No. 35, § 11.
§70-2262. Budget by State Regents.
The State Regents shall budget funds for the primary support of
Regents' approved technical and occupational programs of education at
junior colleges, technical institutes and other institutions in the
State System to the extent of financial resources available and will
anticipate supplemental funding from the State Board as needed and as
may be available.
Added by Laws 1973, p. 551, S.J.R. No. 35, § 12.
§70-2263. Budget by State Board.
The State Board shall budget a portion of its funds received from
state and federal sources for supplementing the funding of
postsecondary programs of technical and occupational education
offered in the State System, provided that the number of
postsecondary educational programs being offered and the number of
students enrolled in these programs at junior colleges, technical
institutes and other institutions in the State System shall be taken
into consideration in the State Board's determination of the amount
of funds to be allotted for supplementing the funding of
postsecondary programs, and provided further, that the professional
staff of the State Board will be made available for technical
assistance to the State Regents' staff in the development and review
of postsecondary technical and occupational education programs.
Added by Laws 1973, p. 551, S.J.R. No. 35, § 13.
§70-2264. Supplemental funding contracts.
The State Board shall contract with the State Regents for the
administration of the amount of funds set aside for supplementing the
funding of postsecondary programs, and the State Regents shall assume
responsibility under terms of the contract to allocate the funds for
supplemental support of bona fide programs consistent with federal
*+,-11'121#+,, .;))
laws and regulations and shall be accountable for expenditure of the
funds accordingly, provided that the State Board will include in the
supplemental funding contract with the State Regents an amount of
funds to underwrite the costs of one or more professional positions
on the staff of the State Regents for the purpose of working with
institutions in the promotion and development of technical and
occupational education, and provided that the contract should be
negotiated early in the spring of the year to allow for the planning
and budgeting for best use of the funds by various institutions
receiving supplemental allocations.
Laws 1973, p. 551, S.J.R. No. 35, § 14.
§70-2265. Administration of federal funds.
The State Board, acting as the designated state agency for the
federal Vocational Education Act of 1963, as amended, shall contract
with the State Regents for the administration of that portion of
federal funds received for allotment and expenditure for supplemental
funding of postsecondary technical and occupational education
programs approved by the State Regents.
Added by Laws 1973, p. 552, S.J.R. No. 35, § 15.
§70-2266. Preparation of State Plan.
The State Board, acting as the state agency for administration of
vocational and technical education funds referred to in Section 14
above, should involve representation from the State Regents in the
preparation of the Oklahoma State Plan for Administration of
Vocational Education as it concerns postsecondary education programs,
including representation on the State Advisory Council on Vocational
Education provided for in the Vocational Education Amendments of
1968.
Added by Laws 1973, p. 552, S.J.R. No. 35, § 16.
§70-2267. Postsecondary occupational education.
The State Regents, acting as the designated Section 1202
Commission provided for in P.L. 92-318, should involve representation
from the State Board in developing a comprehensive statewide plan for
postsecondary education, including representation on the State
Advisory Council on Community Colleges to be established by the State
Commission pursuant to Title X - Part A, and a similar advisory group
to be established regarding planning for development of postsecondary
occupational education provided for in Title X - Part B.
Added by Laws 1973, p. 552, S.J.R. No. 35, § 17.
§70-2268. Occupational education offered at postsecondary
institutions - Determination.
If it is determined that Title X - Part B of the Federal Aid Law
known as P.L. 92-318 is principally for occupational education
*+,-11'121#+,, .;)!
offered at postsecondary institutions (those fitting the definition
of junior colleges, postsecondary technical institutes, etc.), then
the State Regents' functioning as the designated state agency for
administering federal funds received for occupational education
programs shall, by contract arrangement with the State Board, share
certain of the federal funds as appropriate for allocation by the
State Board for supplemental support of programs operated by
institutions under the jurisdiction of the Board (the technology
center schools); and the State Board shall be accountable for
administration of the funds so shared with it by the State Regents in
accordance with appropriate federal laws and regulations, provided
that the number of education programs offered and the number of
students enrolled in them shall be taken into consideration in
arriving at appropriate division of the state's allotment of funds to
be shared with the State Board.
Added by Laws 1973, p. 552, S.J.R. No. 35, § 18. Amended by Laws
2001, c. 33, § 140, eff. July 1, 2001.
§70-2269. Occupational education offered at non-postsecondary
institutions - Determination.
If it is determined that Title X - Part B of the Federal Aid Law
known as P.L. 92-318 is principally for occupational education
offered at non-postsecondary institutions, it shall then become the
responsibility of the State Board to function as the state agency for
administering federal funds as described in Section 17 and a reverse
arrangement of the contractural agreements referred to therein shall
prevail.
Added by Laws 1973, p. 552, S.J.R. No. 35, § 19.
§70-2270. Purpose of Resolution.
It is the purpose of this Resolution to, by legislative
expression, validate the Memorandum of Understanding and Agreement
subscribed to by these two state agencies and signed by the
Chancellor of the State Regents and the Director of the State Board
under date of March 5, 1973, and ratified by the Chairman of the
State Regents and the Chairman of the State Board under date of March
29, 1973, which provides that the conduct of the state's education
business of a common responsibility will be carried out on a board-
to-board contract basis and an office-to-office administrative
relationship in order to avoid overlap, duplication, confusion and
inefficiency in the planning, development and operation of programs
of technical and occupational education.
Added by Laws 1973, p. 553, S.J.R. No. 35, § 20.
§70-2271. Example for other agencies.
The leadership in developing arrangements for understanding and
cooperative action between these two agencies of state government,
*+,-11'121#+,, .;)
the State Board of Career and Technology Education and the Oklahoma
State Regents for Higher Education, should be an example for other
agencies of state government for cooperation and teamwork when
responsibilities of a common nature fall within the bounds of their
respective jurisdictions; and the Legislature, by this expression,
commends this display of cooperation by these two boards as example
for the challenge and guidance of other agencies of state government
accordingly.
Added by Laws 1973, p. 553, S.J.R. No. 35, § 21. Amended by Laws
2001, c. 33, § 141, eff. July 1, 2001.
§70-2272. Distribution of copies.
Duly authorized copies of this resolution shall be sent to the
Director and each member of the State Board of Career and Technology
Education, the Chancellor and each member of the Oklahoma State
Regents for Higher Education, and the head of each state agency,
department, board and commission.
Added by Laws 1973, p. 553, S.J.R. No. 35, § 22. Amended by Laws
2001, c. 33, § 142, eff. July 1, 2001.
§70-2281. Former prisoners of war - Persons missing in action -
Dependents - Free tuition.
A. Any current or former prisoner of war or person missing in
action, as defined by the provisions of this section, and any
dependent of a current or former prisoner of war or person missing in
action, upon being duly accepted for enrollment into any state-
supported institution of higher education of any type, or state-
supported technical or vocational school, shall be allowed to obtain
a bachelors degree, or certificate of completion, for so long as such
former prisoner of war, person missing in action or dependent is
eligible, free of general enrollment fees. Once a person qualifies
as a dependent under the terms and provisions of this section, the
fact of the return of the parent or the reported death of the parent
will not remove the dependent from the provisions or benefits of this
section.
B. For purposes of this section:
1. "Prisoner of war" and "person missing in action" means any
person who was a resident of the State of Oklahoma at the time he or
she entered service of the United States Armed Forces, or whose
official residence is within the State of Oklahoma, and who, while
serving in the United States Armed Forces has been declared to be a
prisoner of war, or to be a person missing in action as established
by the Secretary of Defense; and
2. "Dependent" means any child not to exceed twenty-four (24)
years of age born to or adopted by a parent who served or is serving
as a prisoner of war or was declared by the United States Armed
Forces to be a person missing in action.
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C. If federal funds are provided for general enrollment fees of
said dependent, this section shall not be applicable.
Added by Laws 1973, c. 166, § 1, emerg. eff. May 16, 1973. Amended
by Laws 1989, c. 369, § 26, operative July 1, 1989; Laws 1991, c.
327, § 7, eff. July 1, 1991; Laws 1993, c. 44, § 1, emerg. eff. April
9, 1993.
§70-2282. Heart of the Heartland Scholarship Fund.
A. There shall be created a trust fund to be known as the "Heart
of the Heartland Scholarship Fund". The trust fund shall be managed
and controlled by a board of trustees. The Oklahoma State Regents
for Higher Education shall constitute the board of trustees of the
Heart of the Heartland Scholarship Fund.
B. The trust capital shall consist of all monies received from
the sale of the Heart of the Heartland special license plates
authorized pursuant to Section 14 of this act.
C. The board of trustees shall invest the trust capital in a
reasonable and prudent manner which, consistent with any long-term
investment needs, will produce the greatest trust income over the
term of the investment while preserving the trust capital. All trust
income shall be reinvested into the trust fund except as provided in
subsection D of this section.
D. The trust fund shall be administered for the purpose of
providing the necessary funds for students attending institutions in
The Oklahoma State System of Higher Education who were injured or
whose parent or legal guardian was killed in the April 19, 1995,
bombing of the Alfred P. Murrah Federal Building in Oklahoma City,
Oklahoma. The Oklahoma State Regents for Higher Education shall
grant the monies from the trust fund to any student eligible. To be
eligible to receive the trust funds, an applicant shall:
1. Be enrolled full-time in an undergraduate or graduate program
at a member institution of The Oklahoma State System of Higher
Education; and
2. Be a child injured or be the child of a parent or legal
guardian killed as a result of the bombing at the Alfred P. Murrah
Federal Building in Oklahoma City, Oklahoma.
E. Any trust capital or income remaining in the trust fund on
July 1, 2025, shall be transferred and deposited into the General
Revenue Fund, and the Heart of the Heartland Scholarship Fund shall
terminate. The Oklahoma State Regents for Higher Education shall
promulgate any necessary rules to implement this section.
Added by Laws 1995, c. 206, § 3, eff. July 1, 1995. Amended by Laws
2004, c. 504, § 19, eff. July 1, 2004.
§70-2291. William P. Willis Trust Fund.
A. There is hereby created a trust fund to be known as the
"William P. Willis Trust Fund". The Trust Fund shall be managed and
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controlled by a Board of Trustees. The Oklahoma State Regents for
Higher Education shall constitute the Board of Trustees of the
William P. Willis Trust Fund.
B. The trust capital shall consist of:
1. any monies the Legislature may appropriate and transfer to
the Trust Fund; and
2. any monies or assets contributed to the Trust Fund from any
other source.
C. The Board of Trustees shall invest the trust capital in a
reasonable and prudent manner which, consistent with any long-term
investment needs, will produce the greatest trust income over the
term of the investment while preserving the trust capital.
D. All trust income shall be deposited in the William P. Willis
Scholarship Fund to be used for the payment of scholarships awarded
from said Fund.
Added by Laws 1986, c. 246, § 12, operative July 1, 1986.
§70-2292. William P. Willis Scholarship Fund.
A. There is hereby created and established the William P. Willis
Scholarship Fund to be administered by the Oklahoma State Regents for
Higher Education for the purpose of providing scholarships to low-
income students attending institutions in The Oklahoma State System
of Higher Education. Income to such fund shall consist of interest
accrued from the William P. Willis Trust created in Section 12 of
this act.
B. The Oklahoma State Regents for Higher Education shall award
scholarships from the William P. Willis Scholarship Fund each fiscal
year, beginning July 1, 1986, to persons recommended by an advisory
committee appointed by the State Regents for that purpose. To be
eligible to receive a scholarship an applicant shall:
1. be a bona fide resident of the State of Oklahoma;
2. be enrolled full time in an undergraduate program at a member
institution of The Oklahoma State System of Higher Education; and
3. meet low-income criteria established by the State Regents.
The scholarships shall be awarded per year, renewable for up to three
(3) additional years, in an amount calculated annually by the State
Regents to fully pay for general enrollment fees, other fees, books,
materials, and services provided by the institution, including room
and board.
C. No more than one scholarship recipient shall attend each
institution in The Oklahoma State System of Higher Education;
provided, one recipient, apart from the others, shall attend
Northeastern Oklahoma State University and major in a program of
history.
Added by Laws 1986, c. 246, § 14, operative July 1, 1986.
§70-2401. Short title.
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Sections 4 through 10 of this act shall be known and may be cited
as the "Oklahoma State Regents' Academic Scholars Act."
Added by Laws 1989, c. 375, § 4, emerg. eff. June 6, 1989.
§70-2402. Oklahoma State Regents' Academic Scholars Program -
Purpose.
A. There is hereby created the Oklahoma State Regents’ Academic
Scholars Program. The purpose of the Oklahoma State Regents’
Academic Scholars Program is to retain top-ranked students from
Oklahoma in Oklahoma colleges, enable Oklahoma institutions of higher
education to compete aggressively for top Oklahoma scholars, attract
high-caliber out-of-state students to Oklahoma to attend colleges and
universities, and enhance the academic quality in Oklahoma colleges
and universities. The program shall provide participants funding for
enrollment fees, tuition and other fees, room and board and required
textbooks or materials for up to five (5) years of undergraduate and/
or graduate study at accredited institutions of higher education in
Oklahoma.
B. The Oklahoma State Regents for Higher Education shall
administer the provisions of the Oklahoma State Regents' Academic
Scholars Program.
Added by Laws 1989, c. 375, § 5, emerg. eff. June 6, 1989. Amended
by Laws 1999, c. 241, § 1, eff. June 1, 1999.
§70-2403. Eligibility requirements - Enrollment requirements -
Levels of scholarship awards - Award limits.
A. No person shall be eligible to participate in the Oklahoma
State Regents' Academic Scholars Program unless the person:
1. Has complied with all of the rules promulgated by the
Oklahoma State Regents for Higher Education pursuant to the
provisions of the Oklahoma State Regents' Academic Scholars Act,
Section 2401 et seq. of this title, for the award, regulation, and
administration of scholarships; and
2. Qualifies as one of the following:
a. an Individual Applicant Qualified Student, which shall
mean a student who is a resident of the State of
Oklahoma whose American College Testing Program score
or whose Scholastic Aptitude Test score falls within
the 99.5 to 100.0 percentile levels as administered in
the State of Oklahoma and whose grade point average
and/or class rank is exceptional, as determined by the
State Regents,
b. a Presidential Scholar, which shall mean a student
selected by the Commission on Presidential Scholars
administered by the United States Department of
Education,
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c. a National Merit Scholar, which shall mean a student
designated as a National Merit Scholar by the National
Merit Scholarship Corporation,
d. a National Merit Finalist, which shall mean a student
designated as a National Merit Finalist by the National
Merit Scholarship Corporation, or
e. after October 1, 1999, an Institutional Nominee, which
shall mean a student nominated by an institution in The
Oklahoma State System of Higher Education:
(1) whose American College Testing Program or
Scholastic Aptitude Test score falls within the
95.0 to 99.49 percentile levels, or
(2) who shows exceptional academic achievement as
evidenced by factors, including, but not limited
to, grade point average, class rank, national
awards, scholastic achievements, honors, and who
shows exceptional promise based on documentation
that may include, but not be limited to, teacher
recommendations, extracurricular activities, and
evidence of overcoming economic and social
obstacles as determined by the State Regents. The
State Regents shall ensure that standards of high
academic ability are documented. Scholarship
awards to Institutional Nominees shall become
effective when appropriate documentation is
verified by the State Regents.
B. No person shall be eligible to receive a scholarship pursuant
to the provisions of the Oklahoma State Regents' Academic Scholars
Program unless the person is enrolled as a full-time student at a
public or private accredited institution of higher education in
Oklahoma.
C. The Oklahoma State Regents' Academic Scholars Program shall
provide a scholarship in an amount not to exceed the average costs of
all enrollment fees, tuition and other fees, room and board, and all
required textbooks or materials for up to five (5) years of
undergraduate and/or graduate study at an accredited public or
private institution of higher education in Oklahoma as provided in
subsection E of this section. The State Regents may establish
separate scholarship award levels for each qualifying category.
D. If a person identifies himself or herself as a student with a
disability and requests consideration for a scholarship under the
Academic Scholars Program by means other than standard testing
procedures, the State Regents shall determine what means of
assessment are appropriate and upon the basis of said assessment
results, determine what level of award, if any, shall be made.
E. 1. If the student is attending an institution of The
Oklahoma State System of Higher Education, the total funding for the
*+,-11'121#+,, .;!$
scholarship provided in this section, exclusive of any internships,
shall not exceed the costs for items specified in subsection C of
this section at the institution attended as determined annually by
the Oklahoma State Regents for Higher Education.
2. If the student is attending a private institution of higher
education, the total funding for the scholarship provided in this
section, exclusive of any internships, shall not exceed the costs for
items specified in subsection C of this section at an institution of
The Oklahoma State System of Higher Education of comparable type
which has the highest general enrollment fees of its type institution
in The Oklahoma State System of Higher Education as determined
annually by the Oklahoma State Regents for Higher Education.
Added by Laws 1989, c. 375, § 6, emerg. eff. June 6, 1989. Amended
by Laws 1991, c. 310, § 1, emerg. eff. June 4, 1991; Laws 1992, c.
324, § 23, eff. July 1, 1992; Laws 1999, c. 241, § 2, eff. June 1,
1999; Laws 2002, c. 99, § 4, eff. July 1, 2002.
§70-2404. Scholarship award - Set-aside of funds - Additional
selection and allocation criteria - Awards to nonresidents.
A. Scholarships awarded under the Oklahoma State Regents'
Academic Scholars Program shall be awarded to all eligible applicants
without any limitation on the number of scholarships to be awarded in
any year other than the amount of funds available for the scholarship
program and the number of eligible applicants.
B. The Oklahoma State Regents for Higher Education may, at the
time a scholarship is awarded to a student, set aside in the Oklahoma
State Regents' Academic Scholars Trust Fund funds for the full five-
year commitment made to such eligible scholar. For all academic
years, students who have previously received academic scholarships
under the provisions of this act and who have continued at all times
to fulfill the requirements for eligibility to receive academic
scholarships provided in this act shall be given an absolute priority
for continued financial support by the Oklahoma State Regents'
Academic Scholars Program superior to any students who are applying
for such academic scholarships for the first time.
C. In addition to the qualifications specified in Section 2403
of this title, the Oklahoma State Regents for Higher Education may
adopt additional criteria for selection and allocation of awards
which may include, but are not limited to, consideration of high
school academic performance and personal interviews. The Oklahoma
State Regents for Higher Education shall annually report on the
number of former Academic Scholars Program participants who stay in
state as compared to those who leave Oklahoma within five (5) years
of leaving the Program. In addition, the Oklahoma State Regents for
Higher Education are hereby authorized to determine a maximum number
of awards or a maximum amount of funding which may go to nonresident
students. Such maximum limitations shall not exceed twenty-five
*+,-11'121#+,, .;!(
percent (25%) of the awards or amount of funding in any category
provided in paragraph 2 of subsection A of Section 2403 of this
title.
Added by Laws 1989, c. 375, § 7, emerg. eff. June 6, 1989. Amended
by Laws 1999, c. 241, § 3, eff. June 1, 1999.
§70-2405. Rules and regulations - Requirement of continuing and
satisfactory progress towards degree - Conditions of expenditure of
award monies.
The Oklahoma State Regents for Higher Education may adopt rules
and regulations, prescribe and provide appropriate forms for
application, and employ such persons, contract for such services and
make such additional expenditures as may be necessary or appropriate
for implementing the provisions of the Oklahoma State Regents'
Academic Scholars Act; provided, as part of the regulations adopted
for administration of the provisions of the Oklahoma State Regents'
Academic Scholars Program, the Oklahoma State Regents for Higher
Education shall require that each scholarship recipient make
continuing and satisfactory progress toward a degree, including the
establishment of an annual minimum grade point average and annual
minimum credit hours to be maintained by the participants. Such
regulations shall also provide for revoking or rescinding assistance
to any scholarship recipient who fails to meet such required
standards. Such regulations shall also provide that the funds made
available to students as part of the Oklahoma State Regents' Academic
Scholars Program shall be paid directly to the institution of the
student's choice, in trust for the student, and on the student's
behalf, and shall contain appropriate restrictions and conditions
that such monies are expended only for the purposes authorized by
this act. Such regulations shall also provide for portability of
award for a recipient among accredited institutions of higher
education in Oklahoma in which the recipient may enroll as long as
the recipient meets requirements of the program.
Added by Laws 1989, c. 375, § 8, emerg. eff. June 6, 1989.
§70-2406. Construction of Act - Authority to control or influence
educational institutions participating in scholarship program.
The Oklahoma State Regents' Academic Scholars Act shall not be
construed as granting any authority to control or influence the
policies of any educational institution because it accepts students
who are participating in the scholarship program, or to require any
such institution to admit, or once admitted to continue in such
institution, any participant in the scholarship program.
Added by Laws 1989, c. 375, § 9, emerg. eff. June 6, 1989.
§70-2407. Encouragement of high school juniors to take Preliminary
Scholastic Aptitude Test/National Merit Scholarship Qualifying Test.
*+,-11'121#+,, .;!
As part of its duties in administering the Oklahoma State
Regents' Academic Scholars Program, the Oklahoma State Regents for
Higher Education, in cooperation with the State Board of Education,
shall encourage Oklahoma high school juniors who plan to attend
college to take the Preliminary Scholastic Aptitude Test/National
Merit Scholarship Qualifying Test in their junior year in high school
as preparation for taking the Scholastic Aptitude Test their senior
year in high school.
Added by Laws 1989, c. 375, § 10, emerg. eff. June 6, 1989.
§70-2601. Short title.
This act shall be known and may be cited as the "Oklahoma Higher
Learning Access Act".
Added by Laws 1992, c. 353, § 1, eff. July 1, 1992.
§70-2602. Oklahoma Higher Learning Access Program.
There is hereby created the Oklahoma Higher Learning Access
Program. The program shall also be known as "Oklahoma's Promise".
The purpose of the program is to provide an award to students who
meet the criteria set forth in the Oklahoma Higher Learning Access
Act who are pursuing studies in this state leading to an associate or
baccalaureate degree or who are pursuing studies in a postsecondary
career technology program that would meet the requirements to be
eligible for federal student financial aid and is offered by a
technology center school supervised by the State Board of Career and
Technology Education, and who are in good academic standing in the
institution or school in which the student is enrolled, that will
relieve the student of the burden of paying nonguaranteed resident
tuition at institutions of The Oklahoma State System of Higher
Education, paying tuition for enrollment in postsecondary programs of
the technology center districts, or paying some portion of such fees
or tuition, pursuant to the provisions of the Oklahoma Higher
Learning Access Act, as may be required of enrollees at private
institutions of higher education which are accredited pursuant to
Section 4103 of this title. The further purpose of this program is
to establish and maintain a variety of support services whereby a
broader range of the general student population of this state will be
prepared for success in postsecondary endeavors.
Added by Laws 1992, c. 353, § 2, eff. July 1, 1992. Amended by Laws
1994, c. 153, § 1, emerg. eff. May 3, 1994; Laws 2000, c. 232, § 12,
eff. July 1, 2000; Laws 2001, c. 33, § 143, eff. July 1, 2001; Laws
2006, c. 278, § 7, eff. July 1, 2006; Laws 2009, c. 437, § 1, eff
July 1, 2009; Laws 2017, c. 289, § 1, eff. July 1, 2017.
§70-2603. Eligibility requirements.
A. Except as otherwise provided for in subsection B of this
section and elsewhere in this section, to be eligible to participate
*+,-11'121#+,, .;!)
in the Oklahoma Higher Learning Access Program and to qualify for an
award which includes payment of an amount equivalent to resident
tuition or other tuition pursuant to Section 2604 of this title for
the first semester or other academic unit of postsecondary
enrollment, a student shall:
1. Be a resident of this state or be enrolled in a school
district located in this state that serves students who reside in
both this state and an adjacent state pursuant to a contract as
authorized in Section 5-117.1 of this title;
2. Be a United States citizen or lawfully present in the United
States. A student who is not a United States citizen or lawfully
present in the United States shall not be eligible to participate in
the Oklahoma Higher Learning Access Program and to qualify for an
award notwithstanding the provisions of Section 3242 of this title.
The provisions of this paragraph shall not apply to any student who
was enrolled in the Oklahoma Higher Learning Access Program prior to
the end of the 2006-2007 school year;
3. Have a record of satisfactory compliance with agreements
executed pursuant to Section 2605 of this title;
4. a. have graduated within the previous three (3) years from
a high school accredited by the State Board of
Education, or the Oklahoma School of Science and
Mathematics with a minimum 2.5 cumulative grade point
average on a 4.0 scale for all work attempted in grades
nine through twelve,
b. have graduated within the previous three (3) years from
a high school not accredited by the State Board of
Education with a minimum 2.5 cumulative grade point
average on a 4.0 scale for all work attempted in grades
nine through twelve and have achieved a composite score
of 22 or higher on the ACT test, or
c. have satisfactorily completed within the previous three
(3) years an educational program that was provided
through a means other than a public or private school
and have achieved a composite score of 22 or higher on
the ACT test;
5. Have completed the curricular requirements for admission to
an institution within The Oklahoma State System of Higher Education
and one additional unit or set of competencies in a course that meets
college admission requirements. The curriculum requirements shall
include two units or sets of competencies in foreign or non-English
language or technology courses that meet the college admission
requirements and one unit or set of competencies of a fine arts
course. Students shall also have attained a 2.5 grade point average
in the core curriculum courses. Students who attended a high school
which did not offer all the core curriculum courses or students who
were educated by other means and were not offered all the core
*+,-11'121#+,, .;!!
curriculum courses shall be allowed to satisfy this curriculum
requirement by participating in a program approved by the State
Regents for remediation of high school curricular deficiencies;
6. Have satisfied admission standards as determined by the
Oklahoma State Regents for Higher Education for first-time-entering
students for the appropriate type of institution, or, if attending a
private institution, have satisfied admission standards as determined
by the private institution. No student participating in the Oklahoma
Higher Learning Access Program shall be admitted into an institution
of higher education by special admission standards;
7. Have secured admission to, and enrolled in, an institution
which is a member of The Oklahoma State System of Higher Education, a
postsecondary vocational-technical program offered by a technology
center school that meets the requirements to be eligible for federal
student financial aid, or a private institution of higher learning
located within this state and accredited pursuant to Section 4103 of
this title; and
8. a. have established financial need according to the
provisions of subsection D of Section 2605 of this
title and standards and provisions promulgated by the
Oklahoma State Regents for Higher Education,
b. if the student was adopted between birth and twelve
(12) years of age while in the permanent custody of the
Department of Human Services, in the court-ordered
custody of a licensed private nonprofit child-placing
agency, or federally recognized Indian tribe, as
defined by the federal Indian Child Welfare Act, have
established financial need according to the provisions
of paragraph 1 of subsection E of Section 2605 of this
title and standards and provisions promulgated by the
Oklahoma State Regents for Higher Education, or
c. if the student was adopted between thirteen (13) and
seventeen (17) years of age while in the permanent
custody of the Department of Human Services, in the
court-ordered custody of a licensed private nonprofit
child-placing agency, or federally recognized Indian
tribe, as defined by the federal Indian Child Welfare
Act, have established financial need according to the
provisions of paragraph 2 of subsection E of Section
2605 of this title and standards and provisions
promulgated by the Oklahoma State Regents for Higher
Education.
B. 1. A student shall be eligible to participate in the
Oklahoma Higher Learning Access Program and to qualify for an award
which includes payment of an amount equivalent to resident tuition or
other tuition pursuant to Section 2604 of this title for the first
*+,-11'121#+,, .;!
semester or other academic unit of postsecondary enrollment if the
student meets all of the following criteria:
a. is a child of any person killed after January 1, 2000,
in the line of duty in any branch of the United States
Armed Forces or who died after January 1, 2000, as a
result of an injury sustained while in the line of duty
in any branch of the United States Armed Forces and the
person who was killed or died filed an individual or
joint Oklahoma income tax return for the tax year prior
to the year during which the person was killed or died,
b. is a resident of this state or is enrolled in a school
district located in this state that serves students who
reside in both this state and an adjacent state
pursuant to a contract as authorized in Section 5-117.1
of this title,
c. enrolls in an institution within The Oklahoma State
System of Higher Education prior to reaching the age of
twenty-one (21),
d. has satisfied admission standards as determined by the
Oklahoma State Regents for Higher Education for first-
time-entering students for the appropriate type of
institution, or, if attending a private institution,
has satisfied admission standards as determined by the
private institution. No student participating in the
Oklahoma Higher Learning Access Program shall be
admitted into an institution of higher education by
special admission standards,
e. has secured admission to, and enrolled in, an
institution which is a member of The Oklahoma State
System of Higher Education, a postsecondary vocational-
technical program offered by a technology center school
that meets the requirements to be eligible for federal
student financial aid, or a private institution of
higher learning located within this state and
accredited pursuant to Section 4103 of this title, and
f. executes an agreement pursuant to subsection C of
Section 2605 of this title.
2. A student who is eligible to participate in the program
pursuant to this subsection shall not be required to meet the
eligibility requirements set forth in subsection A of this section.
C. To retain eligibility while pursuing the program of higher
learning in which enrolled, the student shall:
1. Meet the requirements for retention and degree completion as
established by the institution in which the student is enrolled;
2. Maintain good academic standing and satisfactory academic
progress according to standards of the Oklahoma State Regents for
Higher Education;
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3. Maintain satisfactory academic progress as required for
eligibility for federal Title IV student financial aid programs. The
provisions of this paragraph shall become effective for the 2012-2013
school year;
4. Comply with the standards related to maintenance of
eligibility as promulgated by the Oklahoma State Regents for Higher
Education; and
5. Refrain from conduct that leads to expulsion or suspension of
more than one semester from an institution of higher education. A
student who violates the provisions of this paragraph shall
permanently lose eligibility for program benefits. The provisions of
this paragraph shall become effective January 1, 2008.
D. The Oklahoma State Regents for Higher Education and the State
Board of Career and Technology Education shall promulgate rules
relating to maintenance of eligibility under the Oklahoma Higher
Learning Access Act by a student.
E. It is the intent of the Legislature that students in the
ninth grade for the 1992-93 school year who are determined to be
eligible Oklahoma Higher Learning Access students pursuant to the
Oklahoma Higher Learning Access Act shall be the first students
eligible for benefits from the Oklahoma Higher Learning Access Trust
Fund.
F. The Oklahoma State Regents for Higher Education are
authorized to study, develop and propose criteria for determining
award eligibility based upon the completion of seven semesters of
high school coursework by a student.
Added by Laws 1992, c. 353, § 3, eff. July 1, 1992. Amended by Laws
1994, c. 153, § 2, emerg. eff. May 3, 1994; Laws 1995, c. 322, § 29,
eff. July 1, 1995; Laws 1996, c. 119, § 1, eff. July 1, 1996; Laws
1999, c. 190, § 1; Laws 2000, c. 232, § 13, eff. July 1, 2000; Laws
2001, c. 33, § 144, eff. July 1, 2001; Laws 2002, c. 293, § 1, emerg.
eff. May 22, 2002; Laws 2007, c. 355, § 6, emerg. eff. June 4, 2007;
Laws 2008, c. 3, § 41, emerg. eff. Feb. 28, 2008; Laws 2008, c. 409,
§ 1, emerg. eff. June 3, 2008; Laws 2009, c. 2, § 32, emerg. eff.
March 12, 2009; Laws 2011, c. 94, § 1; Laws 2011, c. 351, § 1, eff.
July 1, 2011; Laws 2012, c. 11, § 24, emerg. eff. April 4, 2012; Laws
2017, c. 289, § 2, eff. July 1, 2017.
NOTE: Laws 2007, c. 262, § 1 repealed by Laws 2008, c. 3, § 42,
emerg. eff. Feb. 28, 2008. Laws 2008, c. 350, § 2 repealed by Laws
2009, c. 2, § 33, emerg. eff. March 12, 2009. Laws 2011, c. 288, § 1
repealed by Laws 2012, c. 11, § 25, emerg. eff. April 4, 2012.
§70-2604. Awards.
A. Subject to the availability of funds, an amount equivalent to
the nonguaranteed resident tuition for which an eligible Oklahoma
Higher Learning Access Program student is obligated at an institution
*+,-11'121#+,, .;!
of The Oklahoma State System of Higher Education shall be awarded by
allocation from the Oklahoma Higher Learning Access Trust Fund.
B. Subject to the availability of funds, for each eligible
Oklahoma Higher Learning Access Program student enrolled at a private
institution of higher learning located within this state and
accredited pursuant to Section 4103 of this title, the Oklahoma State
Regents for Higher Education shall award from the Oklahoma Higher
Learning Access Trust Fund an amount equivalent to the amount of
resident tuition for which the student would be eligible if the
student were enrolled in a comparable program at a comparable
institution of The Oklahoma State System of Higher Education.
Comparability shall be determined by the State Regents.
C. Subject to the availability of funds, an amount equivalent to
the tuition for any eligible Oklahoma Higher Learning Access Program
student enrolled in a public postsecondary vocational-technical
program or course for the purpose set forth in Section 2602 of this
title shall be awarded by allocation from the Oklahoma Higher
Learning Access Trust Fund. Provided, such allocation shall not
exceed the amount a student would have received for comparable
enrollment at a two-year institution within The Oklahoma State System
of Higher Education.
D. 1. An award allowed by this section shall not be allowed for
courses or other postsecondary units taken in excess of the
requirements for completion of a baccalaureate program or taken more
than five (5) years after the student's first semester of
postsecondary enrollment. The Oklahoma State Regents for Higher
Education may award the Oklahoma Higher Learning Access Program
benefits for courses of postsecondary units taken more than five (5)
years after the student's first semester of postsecondary enrollment
only in hardship circumstances; provided, however, no Oklahoma Higher
Learning Access Program participant may receive benefits beyond a
cumulative time period of five (5) years.
2. The Oklahoma State Regents for Higher Education may award the
Oklahoma Higher Learning Access Program benefits for a student's
first semester or other academic unit of postsecondary enrollment
taken more than three (3) years after the student graduates from high
school or completes an educational program equivalent to high school
graduation as authorized in subsection A of Section 2603 of this
title or after the student turns twenty-one (21) years of age as
authorized in subsection B of Section 2603 of this title if the
student is a member of the Armed Forces of the United States, the
Reserve Corps of the Armed Forces of the United States, or the
Oklahoma National Guard, and is ordered to active duty or active duty
for special work or training and due to the duty commitment the
student is unable to enroll prior to the end of the three-year period
or before the student reaches twenty-one (21) years of age. The
period shall be extended by the length of the term of duty.
*+,-11'121#+,, .;
3. The Oklahoma State Regents for Higher Education shall
establish a maximum limit on the number of courses or other
postsecondary units to which Oklahoma Higher Learning Access Program
benefits will apply.
E. Benefits awarded under the Oklahoma Higher Learning Access
Program shall be awarded to all eligible applicants without any
limitation on the number of awards in any year other than the amount
of funds available for the program and the number of eligible
applicants. Subject to the provisions of subsection F of this
section, if funds are not sufficient to provide awards for all
eligible applicants, the Oklahoma State Regents for Higher Education
shall make awards on the basis of need. Provided, the Oklahoma State
Regents for Higher Education shall take into consideration other
grants and scholarships received by an eligible applicant when making
awards.
F. The Oklahoma State Regents for Higher Education may, at the
time an award is made on behalf of an Oklahoma Higher Learning Access
Program student, set aside in the Oklahoma Higher Learning Access
Trust Fund funds for the full commitment made to such Higher Learning
Access Program student. For all academic years, students who have
previously received awards under the provisions of the Oklahoma
Higher Learning Access Act, Section 2601 et seq. of this title, and
who have continued at all times to fulfill the requirements for
eligibility to receive awards provided pursuant to this program shall
be given an absolute priority for continued financial support by the
Oklahoma Higher Learning Access Program superior to any students who
are applying for such benefits for the first time.
G. Beginning with the 2018-2019 academic year, an award allowed
by this section shall not include an amount for payment of remedial
noncredit-earning courses taken by an eligible Oklahoma Higher
Learning Access Program student.
Added by Laws 1992, c. 353, § 4, eff. July 1, 1992. Amended by Laws
1994, c. 153, § 3, emerg. eff. May 3, 1994; Laws 1997, c. 74, § 1,
eff. July 1, 1997; Laws 1999, c. 190, § 2; Laws 2000, c. 232, § 14,
eff. July 1, 2000; Laws 2001, c. 33, § 145, eff. July 1, 2001; Laws
2008, c. 350, § 3, emerg. eff. June 2, 2008; Laws 2009, c. 437, § 2,
eff. July 1, 2009; Laws 2011, c. 351, § 2, eff. July 1, 2011; Laws
2017, c. 289, § 3, eff. July 1, 2017.
§70-2605. Public awareness program - Student agreements.
A. Each school year, every fifth- through ninth-grade student in
the public and private schools of this state and students who are
educated by other means and are in the equivalent of the fifth
through ninth grade shall be apprised, together with the parent,
custodial parent, or guardian of the student, of the opportunity for
access to higher learning under the Oklahoma Higher Learning Access
Program. The Oklahoma State Regents for Higher Education and the
*+,-11'121#+,, .;
State Board of Education shall develop, promote, and coordinate a
public awareness program to be utilized in making students and
parents aware of the Oklahoma Higher Learning Access Program.
B. On a form provided by the Oklahoma State Regents for Higher
Education, every public school district shall designate at least one
Oklahoma Higher Learning Access Program contact person, who shall be
a counselor or teacher, at each public school site in this state in
which eighth-, ninth- or tenth-grade classes are taught. When
requested by the State Regents, the State Board of Education shall
assist the State Regents to ensure the designation of contact
persons. Private schools shall also designate at least one school
official as a contact person. For students who are educated by other
means, a parent or guardian or other person approved by the State
Regents shall be designated the contact person.
C. 1. Students who qualify on the basis of financial need
according to subsection D or E of this section or who meet the
eligibility qualification set forth in subparagraph a of paragraph 1
of subsection B of Section 2603 of this title prior to entering the
tenth grade or prior to reaching the age of fifteen (15) and the
standards and provisions promulgated by the Oklahoma State Regents
for Higher Education shall be given the opportunity throughout the
eighth-, ninth-, and tenth-grade years, for students enrolled in a
public or private school, or between the ages of thirteen (13) and
fifteen (15), for students who are educated by other means, to enter
into participation in the program by agreeing to, throughout the
remainder of their school years or educational program:
a. attend school or an educational program regularly and
do homework regularly,
b. refrain from substance abuse,
c. refrain from commission of crimes or delinquent acts,
d. have school work and school records reviewed by mentors
designated pursuant to the program,
e. provide information requested by the Oklahoma State
Regents for Higher Education or the State Board of
Education, and
f. participate in program activities.
2. Students who meet the eligibility qualification set forth in
subparagraph a of paragraph 1 of subsection B of Section 2603 of this
title after completing the tenth grade or after reaching the age of
sixteen (16) shall be given the opportunity prior to reaching the age
of twenty-one (21) to enter into participation in the program and
shall execute an agreement with provisions as determined by the
Oklahoma State Regents for Higher Education.
3. The contact person shall maintain the agreements, which shall
be executed on forms provided by the Oklahoma State Regents for
Higher Education and managed according to regulations promulgated by
the Oklahoma State Regents for Higher Education, and the contact
*+,-11'121#+,, .;$
person shall monitor compliance of the student with the terms of the
agreement. The Oklahoma State Regents for Higher Education are
authorized to process student agreements and verify compliance with
the agreements. Students failing to comply with the terms of the
agreement shall not be eligible for the awards provided in Section
2604 of this title.
D. Except as otherwise provided for in subsection E of this
section and except for students who qualify pursuant to subsection B
of Section 2603 of this title, a student shall not be found to be in
financial need for purposes of the Oklahoma Higher Learning Access
Program if:
1. At the time the student applies for participation in the
program during the eighth, ninth or tenth grade for students enrolled
in a public or private school, or between the ages of thirteen (13)
and fifteen (15), for students who are educated by other means, the
income from taxable and nontaxable sources of the student's parent(s)
exceeds Fifty Thousand Dollars ($50,000.00) per year;
2. Beginning with eighth-, ninth- or tenth-grade students who
are enrolled in a public or private school or students between the
ages of thirteen (13) and fifteen (15) who are educated by other
means who apply for participation in the program in the 2017-2018
school year, the federal adjusted gross income of the student's
parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
3. Beginning with eighth-, ninth- or tenth-grade students who
are enrolled in a public or private school or students between the
ages of thirteen (13) and fifteen (15) who are educated by other
means who apply for participation in the program in the 2021-2022
school year, the federal adjusted gross income of the student's
parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year;
4. At the time the student begins postsecondary education and
prior to receiving any Oklahoma Higher Learning Access Program
benefit award, the federal adjusted gross income of the student's
parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
year; and
5. Beginning with the 2018-2019 academic year, prior to
receiving any Oklahoma Higher Learning Access Program benefit award
for any year during which the student is enrolled in an institution
which is a member of The Oklahoma State System of Higher Education, a
postsecondary vocational-technical program offered by a technology
center school that meets the requirements to be eligible for federal
student financial aid or a private institution of higher learning
located within this state and accredited pursuant to Section 4103 of
this title, the federal adjusted gross income of the student's
parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
year.
*+,-11'121#+,, .;(
The determination of financial qualification as set forth in
paragraphs 4 and 5 of this subsection shall be based on the income of
the student, not the income of the parent(s), if a student:
a. is determined to be independent of the student's
parents for federal financial aid purposes,
b. was in the permanent custody of the Department of Human
Services at the time the student enrolled in the
program, or
c. was in the court-ordered custody of a federally
recognized Indian tribe, as defined by the federal
Indian Child Welfare Act, at the time the student
enrolled in the program.
The provisions of this paragraph shall apply to any student who
has received an Oklahoma Higher Learning Access Program benefit award
after the 2017-2018 school year;
6. The Oklahoma State Regents for Higher Education shall review
the determination of financial qualification as set forth in
paragraphs 1, 2 and 3 of this subsection if the income from taxable
and nontaxable sources of the student's parent(s) includes income
received from nontaxable military benefits or income received from
the federal Social Security Administration due to the death or
disability of the student's parent(s). If the income from taxable
and nontaxable sources of the student's parent(s), excluding income
received from nontaxable military benefits or income received from
the federal Social Security Administration due to the death or
disability of the student's parent(s), does not exceed the
limitations set forth by paragraphs 1, 2 and 3 of this subsection,
the student shall be determined to have met the financial
qualification set forth in paragraphs 1, 2 and 3 of this subsection.
E. 1. A student who was adopted between birth and twelve (12)
years of age while in the permanent custody of the Department of
Human Services, in the court-ordered custody of a licensed private
nonprofit child-placing agency, or federally recognized Indian tribe,
as defined by the federal Indian Child Welfare Act, shall not be
found to be in financial need for purposes of the Oklahoma Higher
Learning Access Program if at the time the student begins
postsecondary education and prior to receiving any Oklahoma Higher
Learning Access Program benefit award, the federal adjusted gross
income of the student's parent(s) exceeds One Hundred Fifty Thousand
Dollars ($150,000.00) per year. The provisions of this paragraph
shall not apply to any student who has received an Oklahoma Higher
Learning Access Program benefit award prior to the 2012-2013 school
year.
2. A student who was adopted between thirteen (13) and seventeen
(17) years of age while in the permanent custody of the Department of
Human Services, in the court-ordered custody of a licensed private
nonprofit child-placing agency, or federally recognized Indian tribe,
*+,-11'121#+,, .;
as defined by the federal Indian Child Welfare Act, shall not be
found to be in financial need for purposes of the Oklahoma Higher
Learning Access Program if at the time the student begins
postsecondary education and prior to receiving any Oklahoma Higher
Learning Access Program benefit award, the federal adjusted gross
income of the student's parent(s) exceeds Two Hundred Thousand
Dollars ($200,000.00) per year. The provisions of this paragraph
shall not apply to any student who has received an Oklahoma Higher
Learning Access Program benefit award prior to the 2012-2013 school
year.
3. Except for students who qualify pursuant to subsection B of
Section 2603 of this title, the determination of financial
qualification as set forth in this subsection shall be based on the
income of the student, not the income of the parent(s), if the
student is determined to be independent of the student's parent(s)
for federal financial aid purposes. A determination of financial
qualification shall not be required for the student who meets the
criteria set forth in this subsection at the time the student applies
for participation in the program. The provisions of this paragraph
shall not apply to any student who has received an Oklahoma Higher
Learning Access Program benefit award prior to the 2008-2009 school
year.
F. The financial qualification of a student as set forth in
subsections D and E of this section shall be certified by the contact
person or by the Oklahoma State Regents for Higher Education on the
agreement form provided by the Oklahoma State Regents for Higher
Education. The form shall be retained in the permanent record of the
student and a copy forwarded to the Oklahoma State Regents for Higher
Education.
G. Agreements shall be witnessed by the parent, custodial
parent, or guardian of the student, who shall further agree to:
1. Assist the student in achieving compliance with the
agreements;
2. Confer, when requested to do so, with the school contact
person, other school personnel, and program mentors;
3. Provide information requested by the Oklahoma State Regents
for Higher Education or the State Board of Education; and
4. Assist the student in completing forms and reports required
for program participation, making applications to institutions and
schools of higher learning, and filing applications for student
grants and scholarships.
H. Students who are enrolled in a school district located in
this state that serves students who reside in both this state and an
adjacent state pursuant to a contract as authorized in Section 5-
117.1 of this title, are in the eleventh and twelfth grades during
the 2006-2007 school year, and who were denied participation in the
program shall be allowed to enter or reenter into participation in
*+,-11'121#+,, .;)
the program by entering into agreements as set forth in subsections C
and D of this section by June 1, 2008.
I. The Oklahoma State Regents for Higher Education shall
promulgate rules for the determination of student compliance with
agreements made pursuant to this section.
J. The Oklahoma State Regents for Higher Education shall
designate personnel to coordinate tracking of program records for the
years when students participating in the program are still in the
schools or are being educated by other means, provide staff
development for contact persons in the schools, and provide liaison
with the State Board of Education and local organizations and
individuals participating in the program.
K. The school district where an Oklahoma Higher Learning Access
Program student is enrolled when the student begins participation in
the program and any subsequent school district where the student
enrolls shall forward information regarding participation by the
student in the program to a school to which the student transfers
upon the request of the school for the records of the student.
L. Students participating in the Oklahoma Higher Learning Access
Program shall provide their Social Security number or their student
identification number used by their school to the Oklahoma State
Regents for Higher Education. The Regents shall keep the numbers
confidential and use them only for administrative purposes.
Added by Laws 1992, c. 353, § 5, eff. July 1, 1992. Amended by Laws
1994, c. 153, § 4, emerg. eff. May 3, 1994; Laws 1995, c. 322, § 30,
eff. July 1, 1995; Laws 1996, c. 119, § 2, eff. July 1, 1996; Laws
1997, c. 74, § 2, eff. July 1, 1997; Laws 1999, c. 190, § 3; Laws
2000, c. 232, § 15, eff. July 1, 2000; Laws 2003, c. 134, § 1, eff.
July 1, 2003; Laws 2007, c. 355, § 7, emerg. eff. June 4, 2007; Laws
2008, c. 3, § 43, emerg. eff. Feb. 28, 2008; Laws 2008, c. 409, § 2,
emerg. eff. June 3, 2008; Laws 2009, c. 2, § 34, emerg. eff. March
12, 2009; Laws 2009, c. 437, § 3, eff. July 1, 2009; Laws 2011, c.
351, § 3, eff. July 1, 2011; Laws 2012, c. 11, § 26, emerg. eff.
April 4, 2012; Laws 2015, c. 63, § 1, eff. July 1, 2015; Laws 2017,
c. 289, § 4, eff. July 1, 2017.
NOTE: Laws 2007, c. 262, § 2 repealed by Laws 2008, c. 3, § 44,
emerg. eff. Feb. 28, 2008. Laws 2008, c. 350, § 4 repealed by Laws
2009, c. 2, § 35, emerg. eff. March 12, 2009. Laws 2011, c. 288, § 2
repealed by Laws 2012, c. 11, § 27, emerg. eff. April 4, 2012.
§70-2606. Return of funds upon withdrawal from class.
A. If a student withdraws from a class in which he or she has
received an award from the Oklahoma Higher Learning Access Program,
the awarded funds shall be returned to the Oklahoma Higher Learning
Access Program. The provisions of this subsection shall only apply
to awarded funds when a student withdraws prior to the end of the
add/drop period for the session in which the student is enrolled.
*+,-11'121#+,, .;!
B. The Oklahoma State Regents for Higher Education shall
promulgate rules to implement the provisions of this section.
Added by Laws 2018, c. 297, § 1, eff. Nov. 1, 2018.
§70-2610. Repealed by Laws 2002, c. 99, § 5, eff. July 1, 2002.
§70-2611. Repealed by Laws 2002, c. 99, § 5, eff. July 1, 2002.
§70-2612. Repealed by Laws 2002, c. 99, § 5, eff. July 1, 2002.
§70-2613. Repealed by Laws 2002, c. 99, § 5, eff. July 1, 2002.
§70-2620. Short title.
Sections 2620 through 2626 of this title and Section 12 of this
act shall be known and may be cited as the "Tulsa Reconciliation
Education and Scholarship Act".
Added by Laws 2001, c. 315, § 14. Amended by Laws 2002, c. 395, § 5,
eff. Nov. 1, 2002.
§70-2621. Tulsa Reconciliation Education and Scholarship Program.
There is hereby created the Tulsa Reconciliation Education and
Scholarship Program. The purpose of the program is to provide a
scholarship award to residents of the Tulsa School District, which
was greatly impacted both socially and economically by the civil
unrest that occurred in the City of Tulsa during 1921. Beginning
with the 2002-2003 school year, or as soon thereafter as
practicable, and subject to the availability of funds, the program
shall each year make scholarships available to qualified residents
of the Tulsa School District, who meet the criteria set forth in
Sections 2623 and 2624 of this title, and who are intending to
pursue studies at an institution of higher education in The Oklahoma
State System of Higher Education or a private institution of higher
education, or who are intending to pursue studies in a postsecondary
career technology education program. The scholarship shall be an
amount of not more than the equivalent of the average amount of
resident tuition for which an eligible Tulsa Reconciliation
Education and Scholarship Program participant enrolled at an
institution in The Oklahoma State System of Higher Education or a
postsecondary career technology education program, whichever is
applicable, is obligated to pay. The scholarship shall be paid as
provided for in Section 2625 of this title. The further purpose of
this program is to establish and maintain a variety of educational
support services whereby residents who qualify for the program will
be prepared for success in postsecondary endeavors.
Added by Laws 2001, c. 315, § 15. Amended by Laws 2002, c. 395, § 6,
eff. Nov. 1, 2002.
*+,-11'121#+,, .;
§70-2622. Definitions.
As used in the Tulsa Reconciliation Education and Scholarship
Act:
1. "Resident" means a person of any age who has resided within
the Tulsa School District for not less than two (2) years prior to
applying for participation in the Tulsa Reconciliation Education and
Scholarship Program;
2. "Private institution" means a private institution of higher
learning located within this state which is accredited pursuant to
Section 4103 of this title; and
3. "Postsecondary career technology education program" means a
postsecondary vocational-technical program or course that is eligible
for Title IV federal student aid and is offered through a technology
center school.
Added by Laws 2001, c. 315, § 16. Amended by Laws 2002, c. 395, § 7,
eff. Nov. 1, 2002.
§70-2623. Qualifications.
A. Subject to the availability of funds, the Oklahoma State
Regents for Higher Education may annually award a maximum of three
hundred full-time-equivalent scholarships for the Tulsa
Reconciliation Education and Scholarship Program to residents of
the Tulsa School District.
B. To qualify for a scholarship, an applicant shall satisfy the
following criteria:
1. The family income of the applicant from taxable sources is
not more than Seventy Thousand Dollars ($70,000.00) per year;
2. The applicant attended a Tulsa public school where seventy-
five percent (75%) or more of the students enrolled in the school
qualify for the free and reduced lunch program; and
3. The applicant resides in a census block area within the
Tulsa School District where thirty percent (30%) or more of the
residents are at or below the poverty level established by the
United States Bureau of the Census.
C. The Regents may consider as a factor, when determining the
order of preference of applicants, whether an applicant is a direct
lineal descendant of a person who resided in the Greenwood Area in
the City of Tulsa between April 30, 1921, and June 1, 1921. If the
Regents use descent as a preference factor, it shall be applied to
all applicants regardless of race. The applicants shall be required
to present verifiable documentation of their lineage. The Oklahoma
Historical Society shall verify the authenticity and accuracy of the
documentation submitted by an applicant and shall establish the
boundaries of the Greenwood Area. Verifiable documentation shall
include, but not be limited to the following:
*+,-11'121#+,, .;"
1. Family records including family bibles, vital records,
correspondence, memoirs, journals, diaries, unrecorded deeds,
diplomas, certificates, or testimonials;
2. Public records including censuses, government records,
military records, pensions, land bounty records, passport
applications, passenger lists, original grants, naturalization or
immigration records, records of entry, or state, province, or local
records; or
3. Institutional records including church records, cemetery
records and inscriptions, education institutions, insurance records,
or societies and fraternal organizations.
D. The Regents shall promulgate rules establishing the
application requirements for the program and the system for
evaluating applications based on the preference factors.
E. Applicants shall also meet the eligibility criteria
established in Section 2624 of this title.
F. The Oklahoma State Regents for Higher Education shall also be
authorized to annually award scholarships for the Tulsa
Reconciliation Education and Scholarship Program to two students at
each of the high schools in the Tulsa School District for the purpose
of preserving awareness of the history and meaning of the civil
unrest that occurred in Tulsa in 1921. The following provisions
shall apply to the scholarship provided in this subsection:
1. Notwithstanding the provisions of subsection B of this
section, eligibility for the scholarships awarded pursuant to this
subsection shall be:
a. enrollment in the appropriate high school,
b. family income of the applicant from taxable sources not
to exceed Seventy Thousand Dollars ($70,000.00) per
year,
c. satisfaction of the criteria specified in Section 2624
of this title, and
d. any other relevant criteria determined by the Oklahoma
State Regents for Higher Education;
2. The State Regents shall involve the administration of the
Tulsa School District in the selection process;
3. The award shall be limited to a one-year full-time-equivalent
period. Following successful completion of such award, recipients
who meet the criteria provided in subsection B of this section shall
be eligible to apply and be considered for continued participation in
the full Tulsa Reconciliation Education and Scholarship Program. Any
student subsequently awarded such scholarship shall have the duration
of the scholarship provided pursuant to this subsection deducted from
the limits set in subsection D of Section 2625 of this title;
4. The award may only be funded with state funds appropriated to
the Tulsa Reconciliation Education and Scholarship Trust Fund and
*+,-11'121#+,, .;
income therefrom, and shall be made subject to the availability of
such funds; and
5. The awards made pursuant to this subsection shall be included
within the maximum number of scholarships specified in subsection A
of this section.
Added by Laws 2001, c. 315, § 17. Amended by Laws 2002, c. 395, § 8,
eff. Nov. 1, 2002.
§70-2624. Eligibility to participate in program - Requirements.
A. To be eligible to participate in the Tulsa Reconciliation
Education and Scholarship Program and to qualify for an award, a
resident shall:
1. Have satisfied admission standards as determined by the
Oklahoma State Regents for Higher Education for the appropriate type
of institution or, if attending a private institution of higher
education, have satisfied admission standards as determined by the
private institution. No resident participating in the Tulsa
Reconciliation Education and Scholarship Program shall be admitted
into an institution of higher education by special admission
standards; and
2. Have secured admission to, and enrolled in, an institution
which is a member of The Oklahoma State System of Higher Education, a
private institution of higher education, or a postsecondary career
technology education program.
B. To retain eligibility while pursuing the program of higher
learning in which enrolled, the participant shall:
1. Maintain good academic standing and satisfactory academic
progress according to standards of the Oklahoma State Regents for
Higher Education; and
2. Comply with the standards related to maintenance of
eligibility as promulgated by the Oklahoma State Regents for Higher
Education or the State Board of Career and Technology Education.
C. The Oklahoma State Regents for Higher Education shall
promulgate rules relating to maintenance of eligibility under this
act by a participant.
Added by Laws 2001, c. 315, § 18. Amended by Laws 2002, c. 395, § 9,
eff. Nov. 1, 2002.
§70-2625. Amount of awards – Set-asides.
A. Subject to the availability of funds, an amount of not more
than the equivalent of the average amount of resident tuition for
which an eligible Tulsa Reconciliation Education and Scholarship
Program participant enrolled in an institution in The Oklahoma State
System of Higher Education, or enrolled in a postsecondary career
technology education program, whichever is applicable, is obligated
to pay shall be awarded by allocation from the Tulsa Reconciliation
Education and Scholarship Trust Fund.
*+,-11'121#+,, .;"
B. Subject to the availability of funds, for each eligible
Tulsa Reconciliation Education and Scholarship Program participant
enrolled at a private institution of higher education, the Oklahoma
State Regents for Higher Education shall award from the Tulsa
Reconciliation Education and Scholarship Trust Fund an amount of not
more than the equivalent of the average amount of resident tuition
for which the participant would be eligible if the participant were
enrolled in a program at an institution of The Oklahoma State System
of Higher Education.
C. Subject to the availability of funds, an amount of not more
than the equivalent of the average amount of tuition for which an
eligible Tulsa Reconciliation Education and Scholarship Program
participant enrolled in a postsecondary career technology education
program is obligated to pay shall be awarded by allocation from the
Tulsa Reconciliation Education and Scholarship Trust Fund. The
allocation shall not exceed the amount a participant would have
received for enrollment at a two-year institution within The
Oklahoma State System of Higher Education.
D. Benefits awarded under the Tulsa Reconciliation Education
and Scholarship Program shall not be allowed for courses or other
postsecondary units taken in excess of the requirements for
completion of a baccalaureate program or taken more than five (5)
years after the student's first semester of participation in the
program. The Oklahoma State Regents for Higher Education may award
the Tulsa Reconciliation Education and Scholarship Program benefits
for courses of postsecondary units taken more than five (5) years
after the student's first semester of participation in the program
only in hardship circumstances. No Tulsa Reconciliation Education
and Scholarship Program participant may receive benefits beyond a
cumulative time period of five (5) years. The Oklahoma State
Regents for Higher Education may establish a maximum limit on the
number of courses or other postsecondary units to which Tulsa
Reconciliation Education and Scholarship Program benefits will
apply. An award to an eligible Tulsa Reconciliation Education and
Scholarship Program participant who is enrolled in a postsecondary
career technology education program may be used to pay for both
career technology education and college work if both are required by
the program.
E. Benefits awarded under the Tulsa Reconciliation Education
and Scholarship Program shall be awarded to not more than 300
eligible participants annually, subject to the amount of funds
available for the program and the number of eligible participants.
Subject to the provisions of subsection F of this section, if funds
are not sufficient to provide awards for the maximum number of
eligible participants each year, the Oklahoma State Regents for
Higher Education shall make awards on the basis of need. The
Oklahoma State Regents for Higher Education shall take into
*+,-11'121#+,, .;"
consideration other grants and scholarships received by an eligible
student when making awards. If an eligible student receives other
grants and scholarships, the benefits awarded under the Tulsa
Reconciliation Education and Scholarship Program may cover any
additional educational costs not covered by the other grants and
scholarships. If the family of an eligible Tulsa Reconciliation
Education and Scholarship Program participant may qualify for the
federal Hope Scholarship or Lifetime Learning tax credit as provided
for in the Taxpayer Relief Act of 1997, P.L. No. 105-34, the
participant may elect to use the award allowed by this section to
pay for fees, required textbooks or materials and, if any funds
remain, to pay for room and board instead of resident tuition.
F. The Oklahoma State Regents for Higher Education may, at the
time an award is made on behalf of a Tulsa Reconciliation Education
and Scholarship Program participant, set aside in the Tulsa
Reconciliation Education and Scholarship Trust Fund funds for the
full commitment made to such Tulsa Reconciliation Education and
Scholarship Program participant. For all academic years,
participants who have previously received awards under the
provisions of the Tulsa Reconciliation Education and Scholarship Act
and who have continued at all times to fulfill the requirements for
eligibility to receive awards provided pursuant to this program
shall be given an absolute priority for continued financial support
by the Tulsa Reconciliation Education and Scholarship Program
superior to any residents who are applying for such benefits for the
first time.
Added by Laws 2001, c. 315, § 19. Amended by Laws 2002, c. 395, §
10, eff. Nov. 1, 2002.
§70-2626. Tulsa Reconciliation Education and Scholarship Trust Fund.
A. There is hereby created a trust fund to be known as the
"Tulsa Reconciliation Education and Scholarship Trust Fund". The
trust fund shall be managed and controlled by a board of trustees.
The Oklahoma State Regents for Higher Education shall constitute the
board of trustees of the Trust Fund.
B. The State Regents shall utilize said Trust Fund to implement
the provisions of the Tulsa Reconciliation Education and Scholarship
Act.
C. The Trust Fund capital shall consist of monies the
Legislature appropriates or transfers to the Oklahoma State Regents
for Higher Education for the Trust Fund, monies transferred from the
donations from taxpayers pursuant to Section 12 of this act, and any
monies or assets contributed to the Trust Fund from any other
source, public or private.
D. The board of trustees shall invest the trust capital in a
reasonable and prudent manner which, consistent with any long-term
investment needs, will produce the greatest trust income over the
*+,-11'121#+,, .;"$
term of the investment while preserving the trust capital. All
trust income shall be reinvested into the trust fund except for the
purposes of awarding scholarships pursuant to the Tulsa
Reconciliation Education and Scholarship Act.
E. The Regents shall adopt rules for accomplishing transfer of
funds from the Tulsa Reconciliation Education and Scholarship Trust
Fund to the appropriate institutional Educational and General
Operations Revolving Funds, as provided in Section 3901 of this
title, to private institutions of higher education, and to the
appropriate technology center school. Allocations from the Trust
Fund may be made only for the purpose of covering the scholarship
award of eligible participants. No portion of the Trust Fund may be
used or allocated for administrative or operating expenses of any
higher education institution or technology center school.
Added by Laws 2001, c. 315, § 20. Amended by Laws 2002, c. 395, §
11, eff. Nov. 1, 2002.
§70-2627. Donation of income tax refund for scholarships.
A. The Oklahoma Tax Commission shall include on each state
individual income tax return form for tax years beginning after
December 31, 2002, and each state corporate tax return form for tax
years beginning after December 31, 2002, an opportunity for the
taxpayer to donate from a tax refund for the benefit of scholarships
pursuant to the Tulsa Reconciliation Education and Scholarship Trust
Fund.
B. The monies generated from donations made pursuant to
subsection A of this section shall be used by the board of trustees
of the Trust Fund for purposes set forth by the Tulsa Reconciliation
Education and Scholarship Act.
C. All monies generated pursuant to the provisions of
subsection A of this section shall be paid to the State Treasurer
and placed to the credit of the Tulsa Reconciliation Education and
Scholarship Trust Fund.
Added by Laws 2002, c. 395, § 12, eff. Nov. 1, 2002.
§70-2630. Short title.
This act shall be known and may be cited as the "Oklahoma Tuition
Equalization Grant Act".
Added by Laws 2003, c. 207, § 1, eff. July 1, 2003.
§70-2631. Purpose.
There is hereby created the Oklahoma Tuition Equalization Grant
Program. The purpose of this program is to maximize use of existing
educational resources and facilities within this state, both public
and private. To accomplish this purpose, the Oklahoma State Regents
for Higher Education are authorized to award Oklahoma Tuition
Equalization Grants to Oklahoma residents enrolled as undergraduate
*+,-11'121#+,, .;"(
students in a private or independent institution of higher education
that is located in this state and approved by the State Regents
pursuant to this act.
Added by Laws 2003, c. 207, § 2, eff. July 1, 2003.
§70-2632. Eligibility requirements - Application - Eligible
institutions - Permitted courses and programs.
A. To be eligible for an Oklahoma Tuition Equalization Grant, a
student shall:
1. Be an Oklahoma resident as defined by the Oklahoma State
Regents for Higher Education;
2. Have enrolled as a full-time undergraduate student in an
eligible institution of higher education as prescribed in subsection
D of this section;
3. Meet the income eligibility level, which is the student's
parents' income from taxable and nontaxable sources which shall not
be more than Fifty Thousand Dollars ($50,000.00) per year or the
student's income if the student is independent and self-supporting as
determined by the State Regents consistent with federal financial aid
regulations;
4. Pay more tuition than is required at a comparable public
institution of higher education and pay no less than the regular
tuition required of all students enrolled at the institution where
the student is enrolled; and
5. Maintain at least minimum standards of academic performance
as required by the enrolling institution.
B. The enrolling institution shall forward a completed student
application, documentation of full-time enrollment status, and
certification of resident status to the State Regents no later than
October 15 for the fall semester and March 15 for the spring semester
of each academic year.
C. Subject to the availability of funds in the Oklahoma Tuition
Equalization Grant Trust Fund, an Oklahoma Tuition Equalization Grant
in the amount of Two Thousand Dollars ($2,000.00) per academic year,
or One Thousand Dollars ($1,000.00) per academic semester shall be
awarded by the State Regents by allocation from the Oklahoma Tuition
Equalization Grant Trust Fund, beginning with eligible students
enrolled in the 2003-2004 school year. No grants pursuant to this
act shall be provided to students for attending summer terms or
intersessions.
D. The State Regents shall implement policies and procedures for
the administration of this act. The State Regents shall approve as
eligible institutions of higher education only those private or
independent, not-for-profit colleges or universities that are
domiciled within this state, meet approved program and accreditation
standards as determined by the State Regents, and are fully
accredited by the Higher Learning Commission of the North Central
*+,-11'121#+,, .;"
Association on Colleges and Schools or a national accrediting body
recognized by the United States Department of Education. To be
eligible, institutions must have been granted not-for-profit status
by the Internal Revenue Service and the U. S. Department of Education
prior to July 1, 2012. Additionally, eligible institutions shall
adhere to the complaint process policies and procedures administered
by the State Regents. The State Regents shall review and take
action, as authorized, on complaints concerning eligible
institutions. The eligible institutions shall include Bacone
College, Family of Faith College, Mid-America Christian University,
Oklahoma Baptist University, Oklahoma Christian University, Oklahoma
City University, Oklahoma Wesleyan University, Oral Roberts
University, Southern Nazarene University, Southwestern Christian
University, St. Gregory's University, the University of Tulsa and
Randall University.
E. If funds are not sufficient in the Oklahoma Tuition
Equalization Grant Trust Fund to provide grants for all eligible
applicants, the State Regents shall award grants on the basis of need
and take into consideration other grants and scholarships received by
an eligible applicant when awarding grants. Students who have
previously received a tuition equalization grant and who continue to
meet the requirements for eligibility shall have absolute priority
for continued financial support superior to any student who is
applying for a grant for the first time.
F. Students enrolling as first-time freshmen for the 2003-2004
school year shall be the first class of students eligible to apply
for Oklahoma Tuition Equalization Grants. In subsequent years, all
previously eligible students and the first-time enrolling freshmen
students shall be entitled to apply for a grant pursuant to this
section. Beginning in the 2007-2008 school year, all eligible
students shall be entitled to apply for a grant pursuant to this
section.
G. A grant provided by this section shall not be allowed for
courses or other postsecondary units taken in excess of the
requirements for completion of a baccalaureate program or taken more
than five (5) years after the student's first grant is received. The
State Regents may award an Oklahoma Tuition Equalization Grant for
courses of postsecondary units taken more than five (5) years after
the student's first grant is received only in hardship circumstances.
No Oklahoma Tuition Equalization Grant recipient may receive benefits
beyond a cumulative time period of five (5) years.
H. On or before February 1 after the first semester in which
grants are awarded pursuant to this act and every year thereafter,
the State Regents shall provide a report to the Governor, President
Pro Tempore of the Senate, and the Speaker of the House of
Representatives to include, but not be limited to the number of
students awarded grants, grade point average, persistence rates,
*+,-11'121#+,, .;")
degree completion rates, demographic data, and any other indicators
the State Regents deem appropriate.
Added by Laws 2003, c. 207, § 3, eff. July 1, 2003. Amended by Laws
2008, c. 350, § 5, emerg. eff. June 2, 2008; Laws 2015, c. 287, § 1;
Laws 2017, c. 108 § 1, eff. July 1, 20017.
§70-2640. Oklahoma Health Care Workers and Educators Assistance
Program.
A. There is hereby established the Oklahoma Health Care Workers
and Educators Assistance Program. The purpose of the program shall
be to encourage persons to enter nursing and allied health careers
within this state. Priority in awarding assistance is intended to go
toward those career fields in which there is an urgent need for
qualified employees to provide health care services or in career
fields in which a shortage of qualified employees is projected to
exist in the future.
B. Only students who are residents of this state shall be
eligible to participate in the Oklahoma Health Care Workers and
Educators Assistance Program.
C. Only students of accredited or recognized health care
programs or colleges and universities shall be eligible for awards
from the Oklahoma Health Care Workers and Educators Assistance
Program.
D. The Oklahoma Health Care Workers and Educators Assistance
Program shall be administered by the Health Care Workforce Resources
Board. The Board is authorized to enter into an agreement with the
Oklahoma State Regents for Higher Education for fiscal services as
may be necessary to implement the provisions of this section.
E. The Health Care Workforce Resources Board shall implement the
provisions of this section in the most balanced, efficient, and
effective means necessary to meet the following priorities:
1. Create additional nursing or allied health faculty by
providing scholarships to cover individuals’ costs of gaining the
advanced degrees necessary to serve as faculty members in nursing and
allied health education programs;
2. Expand and modernize learning environments by providing
matching grants to nursing and allied health education institutions
to increase the number of clinical opportunities, and to better
utilize online and distance learning, simulations, and other
innovative methods to provide education and training; and
3. Attract more students in nursing and allied health careers by
providing scholarships to cover individuals’ costs of gaining degrees
or certifications necessary to prepare them for nursing and allied
health occupations.
F. The Board shall make an annual public declaration of which
nursing and allied health care education fields have been identified
for priority funding due to either an urgent need for qualified
*+,-11'121#+,, .;"!
employees or due to a determination of a future shortage of qualified
employees.
G. Scholarships established through the Oklahoma Health Care
Workers and Educators Assistance Program may be awarded contingent on
funds made available through the State Regents for Higher Education.
Added by Laws 2008, c. 387, § 5, eff. July 1, 2008. Amended by Laws
2009, c. 159, § 1, eff. July 1, 2009.
§70-3101. Title of act.
This Act shall be known as the Oklahoma Higher Education Code.
Laws 1965, c. 396, § 101.
§70-3102. Meaning of certain terms as used in act.
As used in this act, unless the context clearly indicates that a
different meaning is intended:
(a) "Code" means this act.
(b) "State System" means the Oklahoma State System of Higher
Education referred to in Section 1, Article XIII-A, Oklahoma
Constitution.
(c) "State Regents" means the Oklahoma Regents for Higher
Education, the coordinating board of control, established by Section
2, Article XIII-A, Oklahoma Constitution.
(d) "State educational institution" means any institution
supported wholly or in part by direct legislative appropriations and
offering courses of education of any kind beyond or in addition to
the twelfth grade, or its equivalent, as such grade is generally
understood and accepted in the public school system of Oklahoma,
whether called a university, college, junior college, school or
academy.
(e) "Private educational institution" means any private,
denominational or other institution of the same type as a state
educational institution except that it is not supported wholly or in
part by direct legislative appropriations.
(f) "Board of Regents" means the board or body designated by the
Oklahoma Constitution or by this Code as the board of regents or
governing board of a state educational institution.
Laws 1965, c. 396, § 102.
§70-3103. Agency of state educational institution.
A. For the purposes of this Code, each of the following shall be
deemed an agency and an integral part of the University of Oklahoma:
1. The Health Sciences Center;
2. The Law Center;
3. The Oklahoma Geological Survey; and
4. OU-Tulsa.
B. For the purposes of this Code, each of the following shall be
deemed an agency and an integral part of Oklahoma State University:
*+,-11'121#+,, .;"
1. The College of Veterinary Medicine;
2. The College of Osteopathic Medicine;
3. The Agricultural Experiment Station;
4. The Agricultural Extension Division;
5. The campus located at Oklahoma City; and
6. The Oklahoma State University Institute of Technology-
Okmulgee.
Added by 1965, c. 396, § 103, eff. July 1, 1965. Amended by Laws
1988, c. 137, § 5, eff. July 1, 1988; Laws 2002, c. 194, § 1, eff.
July 1, 2002; Laws 2004, c. 400, § 1; Laws 2008, c. 54, § 3, eff.
July 1, 2008.
§70-3201. Institutions comprising The Oklahoma State System of
Higher Education.
The following state educational institutions shall be members of
The Oklahoma State System of Higher Education: University of
Oklahoma, Oklahoma State University, Langston University, Oklahoma
Panhandle State University, Murray State College, Connors State
College, Cameron University, Eastern Oklahoma State College,
Northeastern Oklahoma Agricultural and Mechanical College, University
of Central Oklahoma, East Central University, Northeastern State
University, Northwestern Oklahoma State University, Southeastern
Oklahoma State University, Southwestern Oklahoma State University,
University of Science and Arts of Oklahoma, Rogers State University,
Carl Albert State College, Redlands Community College, Northern
Oklahoma College, Oklahoma City Community College, Rose State
College, Seminole State College, Tulsa Community College, and Western
Oklahoma State College.
Added by Laws 1965, c. 396, § 201, eff. July 1, 1965. Amended by
Laws 1965, c. 510, § 1, eff. July 21, 1965; Laws 1982, c. 62, § 1,
operative July 1, 1982; Laws 1982, c. 285, § 1, operative July 1,
1982; Laws 1990, c. 218, § 3, eff. July 1, 1991; Laws 1991, c. 61, §
1, eff. Sept. 1, 1991; Laws 1992, c. 223, § 1, eff. July 1, 1992;
Laws 1996, c. 171, § 1, emerg. eff. May 14, 1996; Laws 1996, c. 276,
§ 1, emerg. eff. May 30, 1996; Laws 1999, c. 274, § 4, eff. June 1,
1999; Laws 2002, c. 194, § 2, eff. July 1, 2002.
§70-3201.1. Veterinary Medicine Teaching Hospital redesignated as
Oklahoma State Veterinary Medicine Teaching Hospital.
The Veterinary Medicine Teaching Hospital located at Oklahoma
State University is hereby officially named and shall only be known
and referred to as the Oklahoma State Veterinary Medicine Teaching
Hospital. The Oklahoma State Regents for Higher Education, the Board
of Regents for Oklahoma Agricultural and Mechanical Colleges, and the
administration of Oklahoma State University shall take such action as
deemed necessary to implement the provisions of this section
immediately upon its passage and approval.
*+,-11'121#+,, .;""
Laws 1981, c. 253, § 19, emerg. eff. June 24, 1981.
§70-3202. Oklahoma State Regents for Higher Education - Appointment
of members - Eligibility - Removal - Vacancies.
(a) The Oklahoma State Regents for Higher Education, referred to
in this section as the Board, established by Section 2, Article XIII-
A, Oklahoma Constitution, shall consist of nine (9) members appointed
by the Governor by and with the advice and consent of the Senate.
Provided, that persons now serving on such Board shall be members of
and shall continue to serve on the Board for the terms for which they
were appointed.
(b) Members shall be citizens of the state, not less than thirty-
five (35) years of age, and shall not be employees or members of the
staff or governing board of any constituent member of the State
System; and no official or employee of the State of Oklahoma shall be
eligible to serve on such Board. Not more than four members shall be
from the same profession or occupation; and not more than three
graduates of any one institution in the State System shall be
eligible to serve as members during the same period of time. Not
more than two members shall be from the same congressional district
at the time said members are appointed; provided, if a county is
divided among three (3) or more congressional districts, said limit
shall not apply to members from that county; rather, there shall be a
limit of not more than two (2) members from that county.
(c) Appointments shall be to numbered positions on the Board, and
the terms of members of the Board shall be, as follows:
(1) Position No. 1. The term of office of one member shall
expire on the 16th day of May, 1966, and each nine (9) years
thereafter.
(2) Position No. 2. The term of office of one member shall
expire on the 16th day of May, 1967, and each nine (9) years
thereafter.
(3) Position No. 3. The term of office of one member shall
expire on the 16th day of May, 1968, and each nine (9) years
thereafter.
(4) Position No. 4. The term of office of one member shall
expire on the 16th day of May, 1969, and each nine (9) years
thereafter.
(5) Position No. 5. The term of office of one member shall
expire on the 16th day of May, 1970, and each nine (9) years
thereafter.
(6) Position No. 6. The term of office of one member shall
expire on the 16th day of May, 1971, and each nine (9) years
thereafter.
(7) Position No. 7. The term of office of one member shall
expire on the 16th day of May, 1972, and each nine (9) years
thereafter.
*+,-11'121#+,, .;"
(8) Position No. 8. The term of office of one member shall
expire on the 16th day of May, 1973, and each nine (9) years
thereafter.
(9) Position No. 9. The term of office of one member shall
expire on the 16th day of May, 1974, and each nine (9) years
thereafter.
(d) Members shall be removable only for cause, as provided by law
for the removal of officers not subject to impeachment.
(e) Vacancies on the Board shall be filled by the Governor, for
the unexpired term, by and with the advice and consent of the Senate.
Laws 1965, c. 396, § 202. Amended by Laws 1990, c. 257, § 14, emerg.
eff. May 23, 1990.
§70-3203. State Regents - Oaths - Travel expenses - Recommendations
for employment prohibited.
(a) Each member of the State Regents shall take and subscribe to
the oaths required of state officials generally.
(b) Each member of the State Regents shall be allowed necessary
travel expenses, as may be approved by the State Regents pursuant to
the State Travel Reimbursement Act.
(c) No member or employee of the State Regents shall directly or
indirectly recommend to any state educational institution, or
official or board of regents thereof, the employment of any person by
such institution. Any violation of this paragraph by any such member
or employee shall constitute a cause for his removal from office.
Amended by Laws 1985, c. 178, § 59, operative July 1, 1985.
§70-3204. State Regents - Body corporate - Official seal - officers
- Terms - Powers and duties - Proceedings.
(a) The State Regents shall be a body corporate, and shall adopt
an official seal; and all contracts, official documents, awards,
degrees or other papers or instruments issued by the State Regents
and requiring the official signature of the State Regents shall have
the impression of such seal.
(b) The State Regents shall annually elect from its membership a
chairman, vice-chairman, secretary, and assistant secretary, each of
whom shall serve for a term of one (1) fiscal year. The chairman
shall be the presiding officer of the State Regents. He shall, on
behalf of the State Regents, subscribe the official name thereof, and
the secretary shall affix the official seal to all contracts,
official documents, awards, degrees or other papers or instruments
issued by the State Regents and requiring the official signature of
the State Regents. In the absence, disqualification or disability of
the chairman or secretary to act, the vice-chairman and assistant
secretary shall perform the duties of such respective officers. The
officers of the State Regents shall have such other powers and
perform such other duties as may be prescribed by the State Regents,
*+,-11'121#+,, .;
which shall also adopt such rules and regulations as it deems
necessary to govern its proceedings and the conduct of its business.
Laws 1965, c. 396, § 204; Laws 1980, c. 159, § 23, emerg. eff. April
2, 1980.
§70-3205. State Regents - Quarters - Personnel - Employee benefits -
Revolving fund - Disbursements.
(a) The Oklahoma State Regents for Higher Education shall be
furnished suitable permanent quarters by the Oklahoma Capitol
Improvement Authority for which the State Regents shall pay an
appropriate rental charge and shall appoint and fix the duties and
compensation of such personnel as the State Regents deems necessary
to perform its functions and duties. Until such time as space can be
provided by the Oklahoma Capitol Improvement Authority the Office of
Management and Enterprise Services shall provide quarters for the
State Regents without rental charge. The State Regents may establish
and maintain plans for tenure and retirement of its employees and for
payment of deferred compensation of such employees, and may provide
hospital and medical benefits, accident, health, and life insurance,
and annuity contracts for such employees, and pay for all or part of
the cost thereof, with funds available for payment of its operating
expenses.
(b) Monies received by the State Regents for payment of the cost
of maintaining offices, payment of personnel, and other operating
expenses shall be deposited in a special fund in the State Treasury,
to be known as the "Oklahoma State Regents for Higher Education
Revolving Fund". Such fund shall be a continuing fund not subject to
appropriation by the Legislature, and shall be subject to expenditure
by and shall be paid out upon the order of the State Regents at such
times and in such amounts as the State Regents may direct.
Disbursements from such revolving fund shall be by state warrants
issued by the State Treasurer.
Added by Laws 1965, c. 396, § 205, eff. July 1, 1965. Amended by
Laws 1974, c. 307, § 1, emerg. eff. May 29, 1974; Laws 1983, c. 304,
§ 70, eff. July 1, 1983; Laws 2012, c. 304, § 625.
§70-3205.5. State Regents - Student advisory board - Members -
Selection.
A. There is hereby established the student advisory board to the
Oklahoma State Regents for Higher Education. The board shall be
advisory in nature and shall represent the student viewpoint and
interests to the Oklahoma State Regents for Higher Education.
B. The board shall be composed of seven (7) members. Members
shall be elected to serve one-year terms by a vote of delegates to
the Oklahoma Student Government Association annual meeting.
C. The members shall be enrolled in at least twelve (12)
semester credit hours and maintaining a minimum cumulative grade
*+,-11'121#+,, .;
point average of 2.8 on a 4.0 point scale and shall be attending the
type of institution which the member is elected to represent.
D. Members shall be selected as follows:
1. Two members shall be elected at large to represent the
comprehensive universities within The Oklahoma State System of Higher
Education;
2. Two members shall be elected at large to represent the
regional and senior universities within The Oklahoma State System of
Higher Education;
3. Two members shall be elected at large to represent the junior
colleges within The Oklahoma State System of Higher Education; and
4. One member shall be elected at large to represent the
accredited independent colleges and universities.
E. Members shall take office at the May meeting of the State
Regents for Higher Education.
Added by Laws 1988, c. 137, § 1, eff. Nov. 1, 1988.
§70-3205.6. Student advisory board - Representative to meetings of
State Regents - Legislative intent.
The student advisory board shall designate a representative who
may attend all regularly scheduled meetings of the Oklahoma State
Regents for Higher Education. It is the intention of the Oklahoma
Legislature that the Oklahoma State Regents for Higher Education
grant speaking privileges to the members of the student advisory
board.
Added by Laws 1988, c. 137, § 2, eff. Nov. 1, 1988.
§70-3206. State Regents - Powers and duties.
As provided in Article XIII-A of the Constitution of Oklahoma,
the State Regents shall constitute a coordinating board of control
for all state educational institutions, with the following specific
powers:
(a) It shall prescribe standards of higher education applicable
to each institution.
(b) It shall determine the functions and courses of study in
each of the institutions to conform to the standards prescribed.
(c) It shall grant degrees and other forms of academic
recognition for completion of the prescribed courses in all of such
institutions.
(d) It shall recommend to the State Legislature the budget
allocations to each institution.
(e) It shall have the power to recommend to the Legislature
proposed fees for all of such institutions, and any such fees shall
be effective only within the limits prescribed by the Legislature,
after taking due cognizance of expressed legislative intent.
(f) It shall allocate funds to each institution according to its
needs and functions from appropriations made by the Legislature.
*+,-11'121#+,, .;$
(g) It may coordinate private, denominational and other
institutions of higher learning with the State System under
regulations set forth by the State Regents.
Among other powers and duties, the State Regents shall:
(h) Prescribe standards for admission to, retention in, and
graduation from state educational institutions.
(i) Accept federal funds and grants and use the same in
accordance with federal requirements; and accept and disburse grants,
gifts, devises, bequests and other monies and property from
foundations, corporations and individuals; and establish, award and
disburse scholarships and scholarship funds and rewards for merit
from any funds available for such purpose.
(j) Allocate revolving and other non-state-appropriated
educational and general funds.
(k) Transfer from one institution to another any property
belonging to such institution when no longer needed by it and when
needed by another institution to accomplish its functions.
(l) Prepare and publish annually a report to the Governor, the
Legislature, and institutions, setting forth the progress, needs, and
recommendations of state educational institutions and of the State
Regents; conduct studies, surveys and research projects to gather
information about the needs of state educational institutions and
make such additional reports and recommendations as it deems
necessary or as the Governor or the Legislature may direct, and
publish such information obtained as may be considered worthy of
dissemination.
(m) Any monies which it is authorized to invest shall be
invested with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of
an enterprise of a like character and with like aims.
(n) Issue, on behalf of institutions within The Oklahoma State
System of Higher Education, other than the University of Oklahoma and
Oklahoma State University, and with the powers enumerated by this
act, its obligations for purposes of such capital projects as the
Regents may deem to be proper for the benefit of such institutions.
The obligations issued pursuant to the authority of this paragraph
shall be part of a comprehensive program for capital maintenance of
such institutions and the obligations shall be special and limited
obligations of the Oklahoma State Regents for Higher Education and
shall not constitute general obligations of the State of Oklahoma.
(o) Exercise all powers necessary or convenient to accomplish
the purposes and objectives of Article XIII-A of the Constitution of
Oklahoma.
Added by Laws 1965, c. 396, § 206, eff. July 1, 1965. Amended by
Laws 1997, c. 99, § 15, emerg. eff. April 15, 1997; Laws 1998, c.
*+,-11'121#+,, .;(
364, § 23, emerg. eff. June 8, 1998; Laws 2005, c. 2, § 13, emerg.
eff. March 31, 2005.
§70-3206.1. Uniform course numbering system to be established.
As provided in Article XIII-A of the Constitution of Oklahoma and
the Oklahoma Higher Education Code, the Oklahoma State Regents for
Higher Education shall prescribe a system of uniform course numbering
for all State Educational Institutions within The Oklahoma State
System of Higher Education.
Laws 1979, H.J.R.No.1016, § 1.
§70-3206.2. Designation of course numbers.
All courses of study of the same subject matter, nature,
character and content, as determined by the Oklahoma State Regents
for Higher Education, and taught in state educational institutions
within The Oklahoma State System of Higher Education shall be
designated by identical course numbers.
Laws 1979, H.J.R.No.1016, § 2.
§70-3206.3. Policies relating to research and development in
technology in cooperation with private entities.
The Oklahoma State Regents for Higher Education shall:
1. Establish, pursuant to the requirements of this paragraph, a
model policy, which to the extent not inconsistent with this section
may be adapted by the governing board of regents for each institution
within The Oklahoma State System of Higher Education, regarding:
a. the use of facilities, whether consisting of real
property, personal property, intangible personal
property, or any combination of such properties, within
The Oklahoma State System of Higher Education, for the
purpose of conducting research, the principal purpose
of which is to develop or refine a product, process or
idea in cooperation with a private business entity in
order to market the product, process or idea for
profit,
b. the investment of value available to institutions
within The Oklahoma State System of Higher Education,
in private business entities or the receipt of royalty
income from a private business entity, or both, in
conjunction with research and development conducted on
the premises of or with the assistance of institutions
within The Oklahoma State System of Higher Education,
its faculty, staff or students,
c. a method to inform the faculty, staff, students and
third parties conducting research on the premises of or
with the assistance of the faculty, staff or students
of an institution within The Oklahoma State System of
*+,-11'121#+,, .;
Higher Education of the policies developed pursuant to
this paragraph, and
d. the extent to which professors and other faculty and
students at institutions within The Oklahoma State
System of Higher Education may acquire property
interests in technology developed on the premises of or
with the assistance of an institution within The
Oklahoma State System of Higher Education or a property
interest in the revenues derived by the sale,
marketing, licensing or other disposition of technology
by an institution within The Oklahoma State System of
Higher Education or by a private business entity
conducting research or engaged in the development of
technology on the premises of or with the assistance of
an institution within The Oklahoma State System of
Higher Education; and
2. Establish policies for institutions within The Oklahoma State
System of Higher Education to:
a. encourage development of a product, process or idea,
whether or not the product, process or idea is
protectable under the intellectual property laws of the
United States or of this state, and to encourage the
institutions to take such actions as may be appropriate
in order to promote the development of products,
processes or ideas having a potential for the
improvement or advancement of:
(1) medical technology,
(2) biotechnology,
(3) energy technology,
(4) telecommunications technology,
(5) chemical technology,
(6) industrial technology, and
(7) such other technologies as are deserving of the
resources and assistance available through
institutions and the faculty and students of
institutions within The Oklahoma State System of
Higher Education,
b. develop appropriate methods to maintain a system for
recording the nature of research being conducted at
institutions within The Oklahoma State System of Higher
Education and the results of research having potential
for protection pursuant to the intellectual property
laws of the United States or of this state, and
c. develop a system to account for:
(1) expenses associated with research and development
conducted on the premises of or with the
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assistance of an institution within The Oklahoma
State System of Higher Education,
(2) the financial relationships, if any, established
between those institutions and private business
entities,
(3) the acquisition of equity interests in private
business entities,
(4) the receipt of royalty income or other income
related to the sale or other disposition of
products, processes or ideas by institutions or
private business entities with which the
institution has established a financial
arrangement,
(5) the gains or losses upon the sale or other
disposition of equity interests in private
business entities, and
(6) such other matters relating to the income and
expenses associated with the research,
development, intellectual property protection,
marketing, distribution or other matters as the
State Regents determine to be appropriate.
Added by Laws 1998, c. 211, § 2, emerg. eff. May 18, 1998.
§70-3206.4. Ownership interest in private enterprise in exchange for
research and development.
A. The Legislature hereby specifically authorizes the board of
regents for each of the institutions within The Oklahoma State System
of Higher Education to own an equity interest in a private business
enterprise if the equity interest is acquired through an exchange of
value other than money and the exchange of value is made in
connection with the development of technology by the private business
enterprise through the use of facilities or resources or both of an
institution within The Oklahoma State System of Higher Education.
Acquisition of an equity interest shall be permissible through the
use of the facilities, premises or assets of an institution within
The Oklahoma State System of Higher Education or through the use of
faculty expertise or student expertise, including the value of time
expended by faculty or students upon developing a technology in
connection with a private business enterprise or private business
entity.
B. No state-appropriated monies shall be used or obligated to
acquire an ownership interest in a private business enterprise except
as authorized by the provisions of this section.
Added by Laws 1998, c. 211, § 3, emerg. eff. May 18, 1998.
§70-3206.5. Repealed by Laws 2002, c. 2, § 25, emerg. eff. Feb. 15,
2002.
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§70-3206.6. Master lease program - Acquisition of personal property
- Refinance of lease obligations.
The Oklahoma State Regents for Higher Education may establish a
master lease program to finance the acquisition of items of personal
property, or refinance or restructure outstanding equipment lease
obligations as may be required by or useful to institutions and
entities within The Oklahoma State System of Higher Education in
order to achieve cost-saving efficiencies. The funds used by the
Regents for the purposes authorized by this section shall be
available for lease transactions having a minimum value of Fifty
Thousand Dollars ($50,000.00) and a maximum value of Ten Million
Dollars ($10,000,000.00). Such leases shall have a term that is no
more than the useful life of the personal property acquired by
institutions pursuant to the provisions of this section, and, in no
event, more than twenty (20) years. The amount of transactions
financed in a calendar year through the personal property master
lease program shall not exceed Fifty Million Dollars
($50,000,000.00).
Added by Laws 2002, c. 2, § 19, emerg. eff. Feb. 15, 2002. Amended
by Laws 2002, c. 448, § 2, emerg. eff. June 5, 2002; Laws 2005, c. 2,
§ 5, emerg. eff. March 31, 2005; Laws 2005, c. 218, § 4, emerg. eff.
May 24, 2005; Laws 2008, c. 303, § 1, emerg. eff. June 2, 2008; Laws
2010, c. 262, § 1, eff. July 1, 2010.
§70-3206.6a. Master lease program - Acquisition of, improvements to,
or refinance of outstanding obligations for real property
A. The Oklahoma State Regents for Higher Education may finance
acquisition of or improvements to, or refinance or restructure
outstanding obligations for real property pursuant to the master
lease program. The funds used by the Regents for the purposes
authorized by this section shall be available for lease transactions
having a term that is no more than the useful life of any real
property or improvements acquired by institutions pursuant to the
provisions of this section, and in no event, more than thirty (30)
years.
B. After May 24, 2005, any bonds issued pursuant to this section
shall be subject to the approval of the Legislature as provided by
this subsection. The Oklahoma State Regents for Higher Education
shall submit an itemized list of the proposed projects and the terms
of the financing to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the State Senate and
all members of the Legislature within the first seven (7) legislative
days of an annual legislative session and prior to the time any such
obligations are sold. The submission to such elected officials shall
occur upon the same date for purposes of computing the time within
which action must be taken as further prescribed by this subsection.
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The Legislature shall have a period of forty-five (45) calendar days
from the date on which the information is submitted to pass a
concurrent resolution disapproving all or part of the proposed
issuance. If the Legislature does not disapprove the proposed
issuance by concurrent resolution by the end of the forty-fifth day
following the date upon which the proposed issuance is submitted, the
proposed issuance shall be deemed to have been approved by the
Legislature.
C. The amount of transactions financed in a calendar year
through the real property master lease program authorized by this
section shall not exceed the combined total of:
1. The submission described in subsection B of this section, or
portion thereof, approved by the Legislature;
2. Any issuance for additional proposed individual projects
submitted by institutions under the coordination of the Oklahoma
State Regents for Higher Education and approved by the Legislature;
and
3. Any projects approved by the Legislature in a prior calendar
year for which no financing action was taken in the prior calendar
year.
Added by Laws 2005, c. 218, § 5, emerg. eff. May 24, 2005. Amended
by Laws 2008, c. 303, § 2, emerg. eff. June 2, 2008; Laws 2010, c.
262, § 2, eff. July 1, 2010; Laws 2016, c. 102, § 1, eff. Nov. 1,
2016.
§70-3206.6b. Master lease program - Revolving lease fund.
Within the master lease program, the Legislature hereby
designates the sum of Twenty-five Million Dollars ($25,000,000.00) to
be a permanent revolving lease fund to be funded by bonds to be
issued under the master lease program. It is the intent of the
Legislature to make annual appropriations as may be necessary from
the Oklahoma Education Lottery Trust Fund to retire such bonded
indebtedness. Such bonds may be issued on either a taxable or tax-
exempt basis. The lien on such Lottery Trust Fund revenues may be
subordinate to other pledges of revenue from this fund. Any bonds
issued pursuant to this section shall not be subject to the
provisions of Section 4 of Enrolled House Bill No. 1191 of the 1st
Session of the 50th Oklahoma Legislature.
Added by Laws 2005, c. 218, § 6, emerg. eff. May 24, 2005.
§70-3207. Repealed by Laws 1977, c. 1, § 4, emerg. eff. Jan. 13,
1977.
§70-3207.1. Transfer of credits - Development of policies -
Legislative intent.
A. It is the intent of the Legislature that credits earned by
students in any institution of higher education within The Oklahoma
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State System of Higher Education be fully accepted at any other
institution of higher education within The Oklahoma State System of
Higher Education and that the Oklahoma State Regents for Higher
Education assume leadership in working with institutional faculty and
administrators to ensure that students move smoothly from one level
of education to another. Objectives should include development of
transfer policies and guides, degree sheets, course equivalencies,
and common course numbering.
B. It is the intent of the Legislature that institutions of
higher education within The Oklahoma State System of Higher
Education, private institutions accredited by the Oklahoma State
Regents for Higher Education, technology center school districts,
schools or training programs licensed, accredited, approved or
regulated by any state agency, and private schools licensed by the
Oklahoma Board of Private Vocational Schools be prohibited from
placing statements in documents or brochures given to students or
advertising in publications that credits earned at the institution,
training program, or school are fully accepted at another institution
or school without having a written agreement with the other
institution or school stating that the credits will be fully
accepted.
Added by Laws 1995, c. 184, § 1, eff. July 1, 1995. Amended by Laws
1997, c. 231, § 1, eff. July 1, 1997; Laws 2003, c. 77, § 1, eff.
July 1, 2003.
§70-3208. Functions and courses of study - Hearings.
All functions and courses of study of the constituent
institutions of the State System shall stand as they now are until
changed with the approval or by order of the State Regents. In the
determination of the functions of the said constituent institutions,
and the approval or disapproval of courses of study prescribed by
them, the State Regents shall afford any and all institutions
affected a full public hearing, after such notice as may be
prescribed by the State Regents, before ordering any change, and
shall allow sufficient time before final action is taken for the said
institution or institutions to prepare and present its or their
arguments and briefs in support of or in opposition to any such
proposed change.
Added by Laws 1965, c. 396, § 208.
§70-3208.1. American Sign Language - Intent of Legislature - Courses
and credit.
It is the intent of the Legislature that American Sign Language
be recognized as a foreign language. Any institution in The Oklahoma
State System of Higher Education may, in accordance with Section 3208
of Title 70 of the Oklahoma Statutes, offer courses in American Sign
Language and grant credit for such courses in the same manner as
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provided for other foreign language courses. Course credit earned by
a student for American Sign Language classes taken in the public
schools may be credited by an institution for purposes of meeting
elective course entrance or graduation requirements or both entrance
and graduation requirements.
Added by Laws 1982, c. 126, § 2, operative July 1, 1982. Amended by
Laws 1991, c. 201, § 2, emerg. eff. May 17, 1991.
§70-3209. Endowments, gifts, bequests and indirect cost
reimbursements.
A. All endowments, gifts, bequests, and indirect cost
reimbursements from sponsored grants and contracts given to, or
received by, any constituent institution, and the income therefrom,
shall belong to and be used only for and by the recipient
institution.
B. The State Regents shall not take into consideration either
the principal or income of paid endowments, gifts and bequests, or
any indirect cost reimbursements from sponsored grants and contracts
in allocating the state-appropriated funds to such constituent
institution, but shall allocate the state-appropriated funds to such
institution as though such funds did not exist.
Amended by Laws 1987, c. 204, § 67, operative July 1, 1987; Laws
1989, c. 281, § 9, operative July 1, 1989.
§70-3210. Appropriations - Allocations - Allotments - Reports.
(a) All appropriations made by the Legislature for state
educational institutions of the State System shall be made to the
State Regents in consolidated form, indicating the amount
appropriated from the General Revenue Fund and each special fund,
without reference to the amount appropriated to any particular
institution. On April 1 of each year, or as soon thereafter as
possible, but not later than June 15 of each year, the State Regents
shall certify to the Director of the Office of Management and
Enterprise Services such portions of the consolidated appropriation
as they shall have allocated to each institution from the General
Revenue Fund and each special fund for the next fiscal year and the
amount of the allocation for each institution which is to be reserved
for the purpose authorized by subsection B of Section 34.53 of Title
62 of the Oklahoma Statutes. The Director of the Office of
Management and Enterprise Services shall allocate the revenue
deposited in the State Treasury to the credit of the General Revenue
Fund to a cash account for each institution or special appropriation,
and to any unallocated portion of such consolidated appropriations,
on a percentage basis in the same manner as provided by law for
allocations of cash to Legislative appropriations for other
departments and institutions.
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(b) The State Regents may make additional allocations from the
consolidated appropriation to any institution during the year but
they shall not decrease the amount allocated to any institution
during the year. Where an additional allocation is made to an
institution, the Director of the Office of Management and Enterprise
Services shall make such adjustment by decreasing the consolidated
appropriation balance and increasing the appropriation of the
institution or institutions to which the additional allocation is
made. At the same time he shall make an adjustment between the cash
accounts by reducing the consolidated cash account and increasing the
institution's cash account, giving the institution or institutions
credit in cash for that portion of revenue which has already been
allocated to that portion of the consolidated appropriation
transferred, thereby transferring the percentage of cash which
belongs to the additional allocation made from the consolidated
appropriation. Thereafter, the Director of the Office of Management
and Enterprise Services shall increase the revenue allocations to
each of the educational institutions which have received additional
allocations so that such allocations shall take into consideration
the original allocation plus the additional allocation from the
consolidated appropriation. The State Regents may make additional
allocations each month of the fiscal year but such allocations for
all institutions shall be certified to the Director of the Office of
Management and Enterprise Services at the same time and shall not
take effect until the first day of the month following the month in
which such additional allocations are certified to the Director of
the Office of Management and Enterprise Services. The cash allocated
to all of the institutions shall never exceed the amount of revenue
which would have been allocated to the consolidated appropriation had
such consolidated appropriation never been divided. The division of
cash among the several institutions shall be considered a division of
the revenue which would have been allocated to the consolidated
account.
(c) Both the cash allocations and the appropriation allotments
shall be considered cumulative in that the balance unexpended or
unencumbered at the end of any month of the fiscal year shall add to
the amount allocated during the subsequent months so that the fiscal
year shall be considered as a unit.
(d) The appropriations allocated by the State Regents to each
institution for the year on June 15 shall be set up in the same
manner as other departments and institutions for contractual purposes
except as otherwise provided in this section.
(e) Financial documents arising from the appropriation
allocations to each institution shall be filed with the Director of
the Office of Management and Enterprise Services in the same manner
and at the same time as is now provided by law.
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(f) Nothing contained in this section shall be construed to
change existing laws relating to the apportionment of cash to Section
13 or New College Funds for each of the institutions which under
present laws receive monies from such sources. Provided, that
nothing herein shall be construed to give the State Regents authority
to take money from the revolving fund of one institution and give it
to another institution. Revolving funds of all of the constituent
institutions shall operate as a continuing appropriation under the
law creating each such revolving fund which allocates the revenue
collected by each such institution to the revolving fund of that
institution. None of such institutions shall incur obligations
against such revolving fund in excess of the unencumbered balance of
surplus cash on hand. Such revolving funds shall be nonfiscal year
appropriations, and shall be disbursed by warrants issued by the
State Treasurer.
(g) No expenditure from any of the revolving funds of the
various institutions shall be made for any purpose, except that for
which said portion of said fund was specifically collected; provided,
that when any portion of any of such revolving funds shall not be
needed for the purpose for which the same was collected, the State
Regents may, upon the request of the Board of Regents of any
institution, authorize such Board of Regents to expend such unneeded
balance of such revolving fund for any other purpose which, in the
opinion of the State Regents, shall be necessary or desirable in the
conduct of such institution.
(h) The Director of the Office of Management and Enterprise
Services shall make monthly reports to the institutions and agencies
comprising the State System indicating, by classification of funds,
the amounts allotted by the State Regents, the cumulative
expenditures at the end of each month, the unexpended balances, the
encumbrances outstanding, and the unencumbered balances at the end of
the month.
(i) The State Regents shall direct the disposition of such funds
as the Legislature shall appropriate, which funds shall be allocated
to the state educational institutions entitled thereto under the
provisions of, and in accordance with, the Enabling Act and the
Constitution of the State of Oklahoma, for the support of such state
educational institutions.
Added by Laws 1965, c. 396, § 210, eff. July 1, 1965. Amended by
Laws 1979, c. 47, § 80, emerg. eff. April 9, 1979; Laws 1999, c. 371,
§ 6, eff. July 1, 1999; Laws 2012, c. 304, § 626.
§70-3211. Revolving Loan Fund of the Oklahoma State Regents for
Higher Education.
(a) There is hereby created in the State Treasury a Revolving
Loan Fund to be designated "Revolving Loan Fund of the Oklahoma State
Regents for Higher Education." Such fund shall be a continuing fund,
*+,-11'121#+,, .;$$
and the State Regents may allocate on a loan basis any of the monies
therein to any of the state educational institutions under their
jurisdiction, for projects authorized by the Board of Regents of the
institution and approved by the State Regents.
(b) Monies in such fund shall be disbursed by claims approved by
the President of the institution to which the monies were allocated.
The State Regents shall prescribe rules and regulations for the
safekeeping and proper expenditure, repayment procedures, and reports
covering the expenditure, of moneys used for projects authorized.
Laws 1965, c. 396, § 211.
§70-3212. Private educational institutions - Co-ordination with
state system.
Private educational institutions may become coordinated with the
State System under regulations prescribed by the State Regents. No
such institution, however, shall receive any financial aid out of any
appropriations made by the Legislature and over which the State
Regents may have control.
Laws 1965, c. 396, § 212.
§70-3213. Ardmore Higher Education Program - Board of trustees -
Duties.
A. The Oklahoma State Regents for Higher Education shall make
educational program resources at institutions in The Oklahoma State
System of Higher Education available to the people in the Ardmore
area which resources shall be known as the University Center of
Southern Oklahoma. The State Regents shall draw upon the educational
programs of institutions best suited to provide the kind of
educational programs needed and shall, in pursuance of Article XIII-A
of the Constitution of Oklahoma and appropriate statutes, set the
standards of education as they relate to the programs operated to
assure that credits earned by students will be fully accepted at
institutions of higher education to which the students may transfer
the credit to apply toward an educational study objective. The State
Regents may establish appropriate funds and accounts, including a
revolving fund, in the Office of Management and Enterprise Services
for servicing the fiscal operations of the University Center of
Southern Oklahoma. Such funds and accounts shall be subject to the
direct supervision, management, and control of the board of trustees
created by subsection B of this section. The people locally shall
provide suitable physical plant accommodations for the program.
B. There is hereby created a board of ten (10) trustees to be
appointed by the Governor by and with the consent of the Senate to
serve as the administrative agency for the University Center of
Southern Oklahoma. The board shall be a body corporate and shall
adopt and use an official seal. The board so created shall have the
authority to submit a budget annually to the Oklahoma State Regents
*+,-11'121#+,, .;$(
for Higher Education, administer monies budgeted by the State
Regents, negotiate agreements with institutions for courses and
programs of study approved by the State Regents, provide educational
facilities, recommend courses and programs to be offered by
participating institutions, select a chief executive officer whose
duties include the general coordination of approved programs and
services and the selection of other appropriate nonteaching
personnel. The board of trustees is authorized to expend all monies
allocated to the University Center of Southern Oklahoma as may be
necessary to perform the duties and responsibilities imposed upon the
board by this section. For purposes of acquiring and taking title to
real and personal property from sources other than state
appropriations, the board is authorized to enter into contracts and
to adopt rules and regulations pertaining to such actions. The
initial nine members shall serve their terms for the period to which
originally appointed, in numbered positions having dates of
expiration identical to the dates of expiration of the original
appointments:
Position No. 1. The term of office of one member shall expire on
the 30th day of June, 1986, and each nine (9) years thereafter;
Position No. 2. The term of office of one member shall expire on
the 30th day of June, 1987, and each nine (9) years thereafter;
Position No. 3. The term of office of one member shall expire on
the 30th day of June, 1988, and each nine (9) years thereafter;
Position No. 4. The term of office of one member shall expire on
the 30th day of June, 1989, and each nine (9) years thereafter;
Position No. 5. The term of office of one member shall expire on
the 30th day of June, 1990, and each nine (9) years thereafter;
Position No. 6. The term of office of one member shall expire on
the 30th day of June, 1991, and each nine (9) years thereafter;
Position No. 7. The term of office of one member shall expire on
the 30th day of June, 1992, and each nine (9) years thereafter;
Position No. 8. The term of office of one member shall expire on
the 30th day of June, 1993, and each nine (9) years thereafter;
Position No. 9. The term of office of one member shall expire on
the 30th day of June, 1994, and each nine (9) years thereafter.
The tenth member shall be appointed to Position No. 10, the term
of office of which shall expire on the 30th day of June, 1996, and
each nine (9) years thereafter.
The board shall organize and elect a chair, vice-chair and
secretary annually.
C. The board of trustees may establish and maintain plans for
tenure and retirement of its employees and for payment of deferred
compensation of employees and may provide hospital and medical
benefits, accident, health and life insurance and annuity contracts
for employees and pay for all or part of the cost thereof with funds
available for payment of its operating expenses.
*+,-11'121#+,, .;$
D. The board may establish with the State Treasurer any accounts
as are necessary to operate retirement, deferred compensation or
benefits plans for its employees. The accounts shall be revolving
funds not subject to fiscal year limitations. Funds deposited in
such accounts may be invested in any of the types of instruments in
which the State Treasurer is authorized by law to invest.
Added by Laws 1974, c. 233, § 5, emerg. eff. May 17, 1974. Amended
by Laws 1975, c. 294, § 8, emerg. eff. June 5, 1975; Laws 1985, c.
317, § 7, emerg. eff. July 26, 1985; Laws 1987, c. 204, § 65,
operative July 1, 1987; Laws 1988, c. 272, § 8, operative July 1,
1988; Laws 1992, c. 223, § 6, eff. July 1, 1992; Laws 2009, c. 73, §
1, eff. July 1, 2009; Laws 2012, c. 252, § 2, eff. July 1, 2012; Laws
2012, c. 304, § 627.
§70-3213.1. University Center at Ponca City.
A. The Oklahoma State Regents for Higher Education shall make
educational program resources at institutions in The Oklahoma State
System of Higher Education available to the people in the Ponca City
area. This program shall be known as the University Center at Ponca
City.
B. The State Regents shall draw upon the educational programs of
institutions best suited to provide the kind of educational programs
needed and shall, in pursuance of Article XIII-A of the Constitution
of Oklahoma and appropriate statutes, set the standards of education
as they relate to the programs operated to assure that credits earned
by students will be fully accepted at institutions of higher
education to which the students may transfer the credit to apply
toward an educational study objective. Northern Oklahoma College
shall have exclusive authority to offer all lower division courses
and programs at the University Center at Ponca City as listed in the
current college catalog of Northern Oklahoma College.
C. The State Regents may establish appropriate funds and
accounts, including a revolving fund, in the Office of State Finance
for servicing the fiscal operations of the University Center at Ponca
City. The funds and accounts shall be subject to the direct
supervision, management, and control of the board of trustees created
by subsection D of this section. The people locally shall provide
suitable physical plant accommodations for the University Center at
Ponca City.
D. There is hereby created a board of nine (9) trustees to be
appointed by the Governor by and with the consent of the Senate to
serve as the administrative agency for the University Center at Ponca
City. The board shall be a body corporate and shall adopt and use an
official seal. The board so created shall have the authority to
submit a budget annually to the Oklahoma State Regents for Higher
Education, administer monies budgeted by the State Regents, provide
educational facilities, recommend courses and programs to be offered
*+,-11'121#+,, .;$)
by participating institutions, select a chief executive officer whose
duties include the general coordination of approved programs and
services and the selection of other appropriate nonteaching
personnel. The board of trustees is authorized to expend all monies
allocated to the University Center at Ponca City as may be necessary
to perform the duties and responsibilities imposed upon the board by
this section. For purposes of acquiring and taking title to real and
personal property from sources other than state appropriations, the
board is authorized to enter into contracts and to adopt rules and
regulations pertaining to such actions. The initial nine (9) members
shall serve their terms for the period to which originally appointed,
in numbered positions having dates of expiration identical to the
dates of expiration of the original appointments:
Position No. 1. The term of office of one member shall expire on
June 30, 2013, and each nine (9) years thereafter;
Position No. 2. The term of office of one member shall expire on
June 30, 2014, and each nine (9) years thereafter;
Position No. 3. The term of office of one member shall expire on
June 30, 2015, and each nine (9) years thereafter;
Position No. 4. The term of office of one member shall expire on
June 30, 2016, and each nine (9) years thereafter;
Position No. 5. The term of office of one member shall expire on
June 30, 2017, and each nine (9) years thereafter;
Position No. 6. The term of office of one member shall expire on
June 30, 2018, and each nine (9) years thereafter;
Position No. 7. The term of office of one member shall expire on
June 30, 2019, and each nine (9) years thereafter;
Position No. 8. The term of office of one member shall expire on
June 30, 2020, and each nine (9) years thereafter; and
Position No. 9. The term of office of one member shall expire on
June 30, 2021, and each nine (9) years thereafter.
The board shall organize and elect a chair, vice-chair and
secretary annually.
E. The board of trustees may establish and maintain plans for
tenure and retirement of its employees and for payment of deferred
compensation of employees and may provide hospital and medical
benefits, accident, health and life insurance and annuity contracts
for employees and pay for all or part of the cost with funds
available for payment of its operating expenses.
F. The board may establish with the State Treasurer any accounts
as are necessary to operate retirement, deferred compensation or
benefits plans for its employees. The accounts shall be revolving
funds not subject to fiscal year limitations. Funds deposited in the
accounts may be invested in any of the types of instruments in which
the State Treasurer is authorized by law to invest.
Added by Laws 2012, c. 6, § 1.
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§70-3213.2. University Center of Southern Oklahoma.
A. The educational program resources provided by the Oklahoma
State Regents for Higher Education in Ardmore, Oklahoma, shall
continue at the same location and are hereby officially named and
shall be designated in all future references as the “University
Center of Southern Oklahoma”.
B. The name change prescribed in this section shall not affect
in any manner whatsoever any legal relationships, bonds, contracts,
title to property, obligations, authority of the board of trustees as
set forth in Section 3213 of Title 70 of the Oklahoma Statutes, or
any other aspect of the legal status of the named program for any
purpose, except that the program shall be referred to as the
“University Center of Southern Oklahoma” in all future references to
the program.
Added by Laws 2012, c. 252, § 1, eff. July 1, 2012.
NOTE: Editorially renumbered from Title 70, § 3213.1 to avoid a
duplication in numbering.
§70-3214. Repealed by Laws 2015, c. 69, § 1, eff. Nov. 1, 2015.
§70-3215. Repealed by Laws 2015, c. 69, § 2, eff. Nov. 1, 2015.
§70-3216. Secondary education administration - Northeastern Oklahoma
State University.
The Oklahoma State Regents for Higher Education are hereby
authorized to establish an educational program of study in the field
of Secondary Education Administration at Northeastern Oklahoma State
University and to grant the University the authority to confer
administrators' and superintendents' certificates in the field of
secondary education to successful candidates.
Added by Laws 1975, c. 294, § 19, emerg. eff. June 5, 1975.
§70-3217. Supportive medicine educational program.
The Oklahoma State Regents for Higher Education are hereby
authorized to establish educational programs of study of less than
four (4) years in supportive medicine at East Central State
University and Cameron University.
Added by Laws 1975, c. 294, § 20, emerg. eff. June 5, 1975.
§70-3218. Repealed by Laws 1988, c. 251, § 10, operative July 1,
1988.
§70-3218.1. Certain courses exempt from tuition.
No tuition shall be charged for any course for which a student
receives credit by examination and does not attend class meetings of
the course.
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Added by Laws 1985, c. 354, § 15, emerg. eff. July 30, 1985. Amended
by Laws 1999, c. 330, § 1, eff. July 1, 1999.
§70-3218.2. Establishment of tuition and fees by State Regents for
Higher Education – Annual reports.
A. Resident tuition, nonresident tuition, and other fees to be
required of students receiving instruction or other academic services
provided by institutions of The Oklahoma State System of Higher
Education shall be established by the Oklahoma State Regents for
Higher Education with due regard for the provisions of Section
3218.14 of this title within limits prescribed by the Legislature.
Nothing in this act shall be construed as limiting or prohibiting the
requirement of payment for goods or services provided by auxiliary
enterprises operated by or in conjunction with institutions of The
Oklahoma State System of Higher Education and authorized by the
Oklahoma State Regents for Higher Education.
B. By January 1 of each year, the Oklahoma State Regents for
Higher Education shall submit a report to the Governor, the President
Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the minority floor leaders and education
committee chairs of both houses of the Oklahoma Legislature. The
annual report shall include the following information:
1. Actions taken in regard to and the schedule of tuition and
fees approved for The Oklahoma State System of Higher Education for
the current academic year;
2. Data on the impact of any tuition or fee increases on the
ability of students to meet the costs of attendance, enrollment
patterns, availability of financial aid;
3. The budget prepared by the State Regents setting out in
detail the necessary expenses of the State Regents for the next
fiscal year;
4. The budget requests or proposals submitted by each
institution to the State Regents for the next fiscal year;
5. The funding formula or allotment system used by the State
Regents to allocate money to each institution, including a
description of the functional goals of the formula or system for
distributing funds to each institution;
6. A calculation of any differences in the budget requests
amounts for each institution and the actual amounts allocated to each
institution, including an explanation for any differences; and
7. Any other data considered relevant by the State Regents.
C. By January 1 of each year, each institution of The Oklahoma
State System of Higher Education shall submit a report to the
Governor, the President Pro Tempore of the Senate, the Speaker of the
House of Representatives, and the minority floor leaders and
education committee chairs of both houses of the Oklahoma
*+,-11'121#+,, .;$"
Legislature. The annual report shall include the following
information:
1. A copy of reports submitted to the State Regents which
itemizes the tuition and fees for each institution by campus or
location; and
2. The total budget of each institution for the previous fiscal
year including the amount of revenue received from tuition and fees
and other sources and expenses for each campus or location.
Added by Laws 1988, c. 251, § 1, operative July 1, 1988. Amended by
Laws 1999, c. 330, § 2, eff. July 1, 1999; Laws 2001, c. 224, § 1,
emerg. eff. May 21, 2001; Laws 2003, c. 4, § 1, emerg. eff. March 28,
2003; Laws 2016, c. 208, § 1, eff. Nov. 1, 2016.
§70-3218.3. Repealed by Laws 1991, c. 327, § 8, eff. July 1, 1991.
§70-3218.4. Repealed by Laws 1991, c. 327, § 8, eff. July 1, 1991.
§70-3218.5. Repealed by Laws 1991, c. 327, § 8, eff. July 1, 1991.
§70-3218.6. Repealed by Laws 1991, c. 327, § 8, eff. July 1, 1991.
§70-3218.7. Waiver of tuition for children of peace officers or
firefighters killed in line of duty.
A. Within The Oklahoma State System of Higher Education, no
resident tuition or nonresident tuition shall be charged to the:
1. Children of Oklahoma peace officers as defined by Section 648
of Title 21 of the Oklahoma Statutes who have given their lives in
the line of duty;
2. Children of Oklahoma firefighters who have given their lives
in the line of duty;
3. Children of members of the Oklahoma Law Enforcement
Retirement System who have given their lives in the line of duty or
whose disability is by means of personal and traumatic injury of a
catastrophic nature, as defined by Section 2-300 of Title 47 of the
Oklahoma Statutes, and occurred in the line of duty; and
4. Children of Oklahoma emergency medical technicians who have
given their lives in the line of duty.
B. Such waiver of resident tuition and nonresident tuition shall
be limited to a period of five (5) years.
C. Such waiver of resident tuition or nonresident tuition to the
children of deceased peace officers and to the children of deceased
firefighters as provided for in this section shall be a service
benefit of each Oklahoma peace officer and Oklahoma firefighter.
D. For purposes of this section:
*+,-11'121#+,, .;$
1. “Firefighter” means a volunteer firefighter or a permanent
salaried professional member of any fire department within the State
of Oklahoma; and
2. “Emergency medical technician” means a person volunteering or
employed as an emergency medical technician and who is licensed as an
emergency medical technician pursuant to Section 1-2505 of Title 63
of the Oklahoma Statutes.
Added by Laws 1988, c. 251, § 7, operative July 1, 1988. Amended by
Laws 1989, c. 358, § 1, operative July 1, 1989; Laws 1990, c. 59, §
1, emerg. eff. April 16, 1990; Laws 1999, c. 330, § 3, eff. July 1,
1999; Laws 2002, c. 399, § 8, eff. July 1, 2002; Laws 2005, c. 454, §
2, eff. July 1, 2005.
§70-3218.7-1. Waiver of room and board for children of commissioned
members of Oklahoma Law Enforcement Retirement System killed in line
of duty.
A. Within The Oklahoma State System of Higher Education, no room
and board shall be charged to the children of commissioned members of
the Oklahoma Law Enforcement Retirement System who have given their
lives in the line of duty.
B. Such waiver of room and board shall be limited to a period of
five (5) years.
C. Such waiver of room and board shall be a service benefit of a
commissioned member of the Oklahoma Law Enforcement Retirement
System.
Added by Laws 2007, c. 62, § 20, emerg. eff. April 30, 2007.
§70-3218.7a. Sean Skelley and Shane Gilmore Act.
This act shall be known and may be cited as the “Sean Skelley and
Shane Gilmore Act”.
Added by Laws 2005, c. 454, § 1, eff. July 1, 2005.
§70-3218.8. Undergraduate resident and nonresident tuition and
mandatory fees.
A. Subject to the provisions of subsection D of this section,
the Oklahoma State Regents for Higher Education are authorized to
establish undergraduate resident tuition, nonresident tuition and
mandatory fees, which students shall pay as a condition of
enrollment, except as otherwise provided by law. The process for
establishing tuition and mandatory fees shall incorporate the
provisions of Section 3218.14 of this title.
1. At the comprehensive universities the combined average of the
resident tuition and mandatory fees established for any school year
for the nonguaranteed rate, as determined by the State Regents, shall
remain less than the combined average of the resident tuition and
fees at the state-supported institutions of higher education that are
members of the Big Twelve Conference on the effective date of this
*+,-11'121#+,, .;$
act. The combined average of the nonresident tuition and mandatory
fees, as determined by the State Regents, shall remain less than one
hundred five percent (105%) of the combined average of the
nonresident tuition and fees at the state-supported institutions of
higher education that are members of the Big Twelve Conference on the
effective date of this act.
2. At the regional universities and two-year colleges the
combined average of the resident tuition and mandatory fees
established for any school year for the nonguaranteed rate, as
determined by the State Regents, shall remain less than the combined
average of the resident tuition and mandatory fees at like-type
state-supported institutions of higher education in states determined
by the State Regents that include, but are not limited to, those
adjacent to Oklahoma. The combined average of the nonresident
tuition and mandatory fees, as determined by the State Regents, shall
remain less than one hundred five percent (105%) of the combined
average of the nonresident tuition and fees at like-type state-
supported institutions of higher education in states determined by
the State Regents that include, but are not limited to, those
adjacent to Oklahoma.
B. In its deliberation on the establishment of resident tuition
rates for undergraduate and graduate education, the Oklahoma State
Regents for Higher Education shall balance the affordability of
public higher education with the provision of available, diverse and
high-quality learning opportunities. In this endeavor the State
Regents shall give consideration to the level of state
appropriations, the state economy, the per capita income and cost of
living, the college-going and college-retention rates, and the
availability of financial aid in Oklahoma. For any increase in the
tuition rates, the State Regents shall demonstrate a reasonable
effort to effect a proportionate increase in the availability of
need-based student financial aid. Need-based financial aid shall
include, but shall not be limited to, awards for the Oklahoma Higher
Learning Access Program, Oklahoma Tuition Aid Grants, federal need-
based financial aid and tuition waivers, and private donations. In
addition, when determining the guaranteed tuition rates as provided
for in subsection D of this section, the Regents shall consider the
anticipated revenue needs during the four-year period of the
guarantee.
C. Students permitted to audit courses shall pay the same
resident tuition and nonresident tuition as required of students who
enroll for course credit.
D. 1. Beginning with the 2008-2009 academic year, each
comprehensive and regional institution within The Oklahoma State
System of Higher Education shall offer to resident students enrolling
for the first time as a full-time undergraduate a tuition rate that
will be guaranteed for a period of not less than four (4) consecutive
*+,-11'121#+,, .;$
academic years as provided for in this subsection. Students shall
have the option to participate or not participate in the guaranteed
tuition rate program and shall indicate their election at the time of
enrollment. Each institution shall provide students with the
following information prior to enrollment:
a. the annual tuition rate charged and the percentage
increase for the previous four (4) academic years, and
b. the annual tuition and percentage increase that the
nonguaranteed tuition rate would have to increase to
equal or exceed the guaranteed tuition rate for the
succeeding four (4) academic years.
2. Except as otherwise provided for in this subsection, for a
student who elects to participate in the guaranteed tuition rate
program, who is a resident of the state, and who enrolls for the
first time as a full-time undergraduate student at an institution in
the state after the 2007-2008 academic year, the amount of
undergraduate resident tuition charged to the student for four (4)
consecutive academic years at a comprehensive and regional
institution shall not exceed the amount that the student was charged
at the time of first enrollment, nor shall it exceed one hundred
fifteen percent (115%) of the nonguaranteed undergraduate tuition
rate charged to resident students enrolling for the first time as
undergraduate students at the same institution for the same academic
year.
3. If the normal time of completion for an undergraduate program
is more than four (4) years, as determined by the institution, the
amount of resident tuition charged to students in that program who
have elected to participate in the guaranteed tuition rate program
shall not increase during the normal completion period of the
program.
4. If a student who has elected to participate in the guaranteed
tuition rate program is a member of the United States Armed Forces
including the Army and Air National Guard, the Army, Navy, Air Force,
Marine Corps, and Coast Guard Reserves, or any other component of the
Armed Forces, and when ordered by the proper authority to active or
inactive duty or service is required to withdraw from an institution
for military or other national defense emergencies, the amount of
resident tuition the student is required to pay upon reentering the
institution shall not exceed the amount the student was charged at
the time of withdrawal.
5. If a student who has elected to participate in the guaranteed
tuition rate program transfers to another institution or transfers
from a constituent agency of an institution to another constituent
agency or the institution after initial enrollment, the student shall
be charged the amount of resident tuition charged to other students
enrolling for the first time at that institution or constituent
agency.
*+,-11'121#+,, .;$$
6. If a student who has elected to participate in the guaranteed
tuition rate program changes majors or transfers to another campus of
the same institution after initial enrollment, the tuition charged to
the student shall equal the amount the student would have been
charged had the student been admitted to the changed major or
enrolled at the new campus when the student first enrolled. This
paragraph shall not apply if a student transfers from a constituent
agency of an institution to another constituent agency of the
institution.
7. A student who elects to participate in the guaranteed tuition
rate program shall maintain full-time enrollment during the
guaranteed four-year period. For purposes of this subsection, full-
time enrollment shall be the number of credit hours as determined by
the State Regents for Higher Education to be full-time enrollment for
each institution.
Added by Laws 1991, c. 327, § 1, eff. July 1, 1991. Amended by Laws
1993, c. 348, § 1, eff. July 1, 1993; Laws 1995, c. 247, § 2, eff.
July 1, 1995; Laws 1997, c. 303, § 1; Laws 1999, c. 330, § 4, eff.
July 1, 1999; Laws 2001, c. 224, § 2, emerg. eff. May 21, 2001; Laws
2003, c. 4, § 2, emerg. eff. March 28, 2003; Laws 2007, c. 368, § 1,
eff. Nov. 1, 2007; Laws 2008, c. 53, § 1, emerg. eff. April 18, 2008.
§70-3218.8a. Repealed by Laws 2003, c. 4, § 8, emerg. eff. March 28,
2003.
§70-3218.9. Graduate and professional resident and nonresident
tuition and mandatory fees.
The Oklahoma State Regents for Higher Education are authorized to
establish resident tuition, nonresident tuition and mandatory fees
for graduate and professional courses and programs which shall remain
less than the combined average of such tuition and fees for like-type
graduate and professional courses and programs of comparable quality
and standing at state-supported institutions of higher education as
determined by the State Regents. Professional courses and programs
include, but are not limited to, law, medicine, veterinary medicine,
optometry, pharmacy, and dentistry.
Added by Laws 1991, c. 327, § 2, eff. July 1, 1991. Amended by Laws
1993, c. 348, § 2, eff. July 1, 1993; Laws 1995, c. 247, § 4, eff.
July 1, 1995; Laws 1997, c. 303, § 3; Laws 1999, c. 330, § 6, eff.
July 1, 1999; Laws 2001, c. 224, § 4, emerg. eff. May 21, 2001; Laws
2003, c. 4, § 3, emerg. eff. March 28, 2003.
§70-3218.10. Academic service fees.
A. The governing boards of institutions within The Oklahoma
State System of Higher Education are authorized to establish academic
service fees at their respective institutions with the approval of
the Oklahoma State Regents for Higher Education. These fees may be
*+,-11'121#+,, .;$(
required, in addition to the resident and nonresident tuition and
mandatory fees authorized by Sections 3218.8 and 3218.9 of this
title. The academic service fees shall not exceed the actual costs
of the academic services provided by the institution which may
include, but shall not be limited to, special instruction, testing,
and provision of laboratory supplies and materials.
B. It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education maintain information on the established
mandatory fees authorized in Sections 3218.8 and 3218.9 of this title
and on those fees authorized in this section. The information shall
include, but shall not be limited to, the basis for the amount of the
fee, the amount of total revenue to be collected from the fee, and
the use of the revenue collected.
Added by Laws 1991, c. 327, § 3, eff. July 1, 1991. Amended by Laws
1993, c. 348, § 3, eff. July 1, 1993; Laws 2003, c. 4, § 4, emerg.
eff. March 28, 2003.
§70-3218.11. Repealed by Laws 2003, c. 4, § 8, emerg. eff. March 28,
2003.
§70-3218.12. Financing of education and training of veterans –
Tuition and fee waiver scholarships – Educational assistance
programs.
A. State educational institutions may be authorized by the State
Regents to contract for, charge, collect, receive, and use any and
all fees, tuition, charges, grants, and allowances available through
the United States Veterans Administration, or any other federal
agency, for the education and training of veterans.
B. The State Regents are hereby authorized to establish a system
of student tuition and fee waiver scholarships for each institution
in The Oklahoma State System of Higher Education to be administered
by the Board of Regents of the institution. Said system shall
include students provided for in the Oklahoma State Regents Academic
Scholars Program. Any institution may waive tuition and fees for
such students as determined by the institution.
C. The institutions comprising The Oklahoma State System of
Higher Education are hereby authorized to establish an educational
assistance program whereby such institutions may administer and
utilize state funds when federal student loan programs require
institutional matching funds.
D. Any institution, constituent agency or higher education
center within The Oklahoma State System of Higher Education is
authorized to establish a program for payment by consumer credit card
of tuition, enrollment fees, and any other higher education fee
authorized by law.
Added by Laws 1991, c. 327, § 5, eff. July 1, 1991. Amended by Laws
1993, c. 348, § 5, eff. July 1, 1993; Laws 1999, c. 330, § 7, eff.
*+,-11'121#+,, .;$
July 1, 1999; Laws 2000, c. 134, § 2, eff. July 1, 2000; Laws 2003,
c. 4, § 5, emerg. eff. March 28, 2003.
§70-3218.13. Waiver of nonresident tuition for teaching assistants
or research assistants.
A scholarship which includes a waiver of nonresident tuition may
be awarded to a teaching assistant or research assistant on the basis
of hours of work actually performed in a teaching or research
assistant position which relates to the assistant's degree program,
provided such assistant is proficient in the oral and written use of
the English language.
Added by Laws 1995, c. 247, § 5, eff. July 1, 1995.
§70-3218.14. Fees and tuition recommendations.
Each institution and constituent agency shall have the option to
recommend to the governing board and to the State Regents fees and
tuition to be charged to students enrolled at the institution or
constituent agency. The fees and tuition shall not exceed the limits
established by law. The State Regents shall consider and if
appropriate, shall approve the recommendations of the institution or
constituent agency pursuant to Article XIII-A of the Oklahoma
Constitution.
Added by Laws 1997, c. 303, § 4.
§70-3218.15. Reports submitted to U.S. Department of Education –
Public inspection – Audits.
A. The Oklahoma State Regents for Higher Education shall
maintain for public inspection, electronically or otherwise, all
reports submitted by the institutions in The Oklahoma State System of
Higher Education to the United States Department of Education
regarding each institution’s tuition and fees.
B. Each institution in The Oklahoma State System of Higher
Education that receives federal funds shall submit the Integrated
Postsecondary Education Data System Report, or any successor report
with like data, annually to the United States Department of Education
reflecting the average annual tuition rates and mandatory fees
charged to its students.
C. Pursuant to the provisions of Section 3909 of Title 70 of the
Oklahoma State Statutes, each institution in The Oklahoma State
System of Higher Education shall conduct an independent third-party
audit concerning its financial statements and submit the audit to the
Oklahoma State Regents for Higher Education and the Oklahoma State
Auditor and Inspector, and shall assure that the audit is available
to the public.
Added by Laws 2003, c. 4, § 6, emerg. eff. March 28, 2003.
§70-3219. Repealed by Laws 1991, c. 327, § 8, eff. July 1, 1991.
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§70-3219.1. Special fees - Publication of tuition and fees.
A. The Oklahoma State Regents for Higher Education may establish
any special fee not specified by law if the Regents determine that
such fee is necessary for academic services or other activities,
facilities or services provided by any institution of The Oklahoma
State System of Higher Education.
Within thirty (30) days of the establishment by the Regents of
such fee, the Regents shall file a report with the Speaker of the
House of Representatives, the President Pro Tempore of the Senate,
the Chairperson of the Higher Education Committee of the House of
Representatives and the Chairperson of the Education Committee of the
Senate. The report shall specify the reasons the Regents determined
such fee was necessary and any other information concerning the fee.
B. Each educational institution within The Oklahoma State System
of Higher Education shall annually publish all tuition and fees
charged at that institution. The institution shall provide that
publication free of charge to any person requesting any information
relating to tuition or fees at that institution.
Added by Laws 1988, c. 251, § 8, operative July 1, 1988. Amended by
Laws 1996, c. 276, § 2, emerg. eff. May 30, 1996.
§70-3219.2. Repealed by Laws 1991, c. 327, § 8, eff. July 1, 1991.
§70-3219.3. Special fees for delivery of courses and programs to
governmental activities.
The Oklahoma State Regents for Higher Education are authorized to
establish special fees for delivery of courses and programs to
governmental entities, including but not limited to the military,
profit and nonprofit associations, corporations and other private
entities in an amount sufficient to cover the cost of delivery of
such courses and programs.
Added by Laws 1990, c. 263, § 95, operative July 1, 1990.
§70-3220. Increase in fees - Notice - Hearing.
The State Regents shall give public notice at least thirty (30)
days prior to the effective date of any increases in fees and tuition
and shall hold a public hearing at least twenty (20) days prior to
the effective date of any increases in fees and tuition.
Amended by Laws 1983, c. 257, § 3, emerg. eff. June 21, 1983; Laws
1987, c. 227, § 3, operative July 1, 1987.
§70-3221. Repealed by Laws 1983, c. 248, § 8, emerg. eff. June 21,
1983.
§70-3222. Repealed by Laws 1988, c. 251, § 10, operative July 1,
1988.
*+,-11'121#+,, .;$!
§70-3222.1. Repealed by Laws 1987, c. 227, § 20, operative July 1,
1987.
§70-3223. Juris Doctor or equivalent degree - Recognition with other
doctorate degrees.
All institutions within The Oklahoma State System of Higher
Education employing personnel who have earned Juris Doctorate or
equivalent degrees, granted by institutions of higher learning with
membership in a recognized accrediting association, shall be required
to accord and grant to such degrees equal recognition with other
doctorate degrees for salary purposes and other remunerative
benefits. Hours taken to earn a Juris Doctorate or equivalent degree
or an advanced academic degree in law shall be classified as graduate
hours in the teaching field.
Laws 1980, c. 320, § 18, emerg. eff. June 16, 1980.
§70-3224. Instructors to be proficient in speaking English language
- Intent of Legislature - Certification of proficiency - Reports.
A. It is the intent of the Oklahoma Legislature that all
instructors, including all graduate teaching assistants, now employed
or being considered for employment at institutions within The
Oklahoma State System of Higher Education shall be proficient in
speaking the English language so that they may adequately instruct
students.
B. Exceptions to this statement of intent shall include the
instruction of courses that are:
1. Designed to be taught predominantly in a foreign language;
and
2. Elective, special arrangement courses such as individualized
instruction and independent study courses.
C. It is further the intent of the Legislature that each
institution within The Oklahoma State System of Higher Education
evaluate its instructional faculty for oral, aural, and written
fluency in the English language in the classroom. By September 1 of
each year, each state institution shall file with the Oklahoma State
Regents for Higher Education a certification stating that the
instructional faculty members, whose native language is other than
English, hired either after July 1, 1995, or hired subsequent to the
last annual certification, are proficient in the English language.
D. Each college and university of the State System shall provide
an annual report to the President Pro Tempore of the Senate and the
Speaker of the House of the Oklahoma Legislature by January 1 of each
year setting forth the following information:
1. Procedures established to guarantee faculty members have
proficiency in both written and spoken English; and
*+,-11'121#+,, .;$
2. Procedures established to inform students of grievance
procedures regarding instructors who are not able to speak the
English language.
Added by Laws 1982, c. 47, § 1, eff. June 1, 1982. Amended by Laws
1995, c. 184, § 2, eff. July 1, 1995.
§70-3225. Complaints.
Any student may file a complaint of violation of this act with
the office of president of any publicly supported college or
university in the State of Oklahoma. It shall be the duty of said
president to inquire after such complaint and report said complaints
and disposition to the State Regents annually.
Added by Laws 1982, c. 47, § 2, eff. June 1, 1982.
§70-3226. Waiver of nonresident tuition.
Any institution in The Oklahoma State System of Higher Education
may award a scholarship that includes a waiver of nonresident
tuition.
Added by Laws 1987, c. 204, § 60, operative July 1, 1987. Amended by
Laws 1989, c. 281, § 10, operative July 1, 1989.
§70-3227. Consultant services - Contracts with retired employees.
No institution within The Oklahoma State System of Higher
Education shall enter into a contract for consultant services with
any person who has retired from employment with any institution for
two (2) years after the retirement date of such person. Nothing in
this section shall prohibit an institution within The Oklahoma State
System of Higher Education from entering into a contract for a part-
time teaching or research position of not more than twelve (12)
semester hours per academic year with a person who has retired from
employment with an institution within two (2) years after the
retirement date of the person; provided that the earnings do not
exceed the limitations on earnings pursuant to Section 17-116.10 of
this title.
Added by Laws 1988, c. 128, § 3, emerg. eff. April 12, 1988. Amended
by Laws 2015, c. 47, § 1, eff. Nov. 1, 2015.
§70-3228. Regents - Continuing education requirement.
A. Unless otherwise prohibited by law, each person appointed on
or after January 1, 1991, as a member of the board of regents for an
institution or group of institutions within The Oklahoma State System
of Higher Education shall be required to attend a minimum of fifteen
(15) clock hours of continuing education during the first two (2)
years of the term of office of the member. At least two (2) of the
fifteen (15) hours must be in ethics. The continuing education
courses which shall satisfy the continuing education requirement
shall be held within this state and shall be selected by the Oklahoma
*+,-11'121#+,, .;$"
State Regents for Higher Education. The Attorney General shall
advise the Oklahoma State Regents for Higher Education on the
selection of continuing education courses.
B. It is the intent of the Oklahoma Legislature that the failure
by a member of the board of regents to satisfy the continuing
education requirement of this section shall disqualify such member
from being reappointed to the membership of the board of regents to
which such person is a member or from being appointed to the
membership of any other board of regents of any institution or group
of institutions within The Oklahoma State System of Higher Education.
C. The Oklahoma State Regents for Higher Education shall provide
opportunities for regents to complete said continuing education at
various locations within the state. At least half of said
opportunities shall be scheduled outside of the major population
centers.
Added by Laws 1990, c. 257, § 11, emerg. eff. May 23, 1990.
§70-3228.1. Attendance of regents at continuing education events -
Records.
The Oklahoma State Regents for Higher Education shall maintain
records of attendance of regents of the various governing boards of
regents at continuing education events required to be attended by law
and shall notify the regent by mail of any final opportunity to
complete these requirements prior to the final opportunity for the
regent to do so.
Added by Laws 1990, c. 284, § 3, eff. Sept. 1, 1990.
§70-3229. Administrators guilty of felony offenses - Dismissal or
nonreemployment.
It is the intent of the Legislature that any president, provost,
chief executive officer or director of any college, university or
higher education program within The Oklahoma State System of Higher
Education who is or has been convicted of, plead guilty to or nolo
contendre to a felony offense and a judgment of guilt has been
entered shall be dismissed or not reemployed unless a presidential or
gubernatorial pardon has been granted.
Added by Laws 1996, c. 261, § 3, eff. July 1, 1996.
§70-3230. Eligibility for tuition waivers.
A. Students who are pursuing studies in this state leading to an
associate or baccalaureate degree or who are pursuing studies in a
postsecondary vocational-technical program or course offered pursuant
to a duly approved cooperative agreement between an area vocational-
technical school and an institution of The Oklahoma State System of
Higher Education, and who are in good academic standing in the
institution of higher education or vocational-technical school in
which enrolled, shall be eligible for a waiver of:
*+,-11'121#+,, .;$
1. Undergraduate resident tuition at institutions within The
Oklahoma State System of Higher Education. Students shall be
eligible for such waivers up to the age of twenty-six (26) years or
completion of the requirements for a baccalaureate degree, whichever
comes first; and
2. Resident tuition for enrollment in postsecondary programs of
the area vocational-technical districts. Students shall be eligible
for such waivers up to the age of twenty-six (26) years or earn a
program certificate, whichever comes first.
B. To be eligible for a waiver of tuition for the first semester
or other academic unit of postsecondary enrollment, a student shall:
1. Be an individual who, within the past three (3) years, has
been in the custody of the Department of Human Services for any nine
(9) of the twenty-four (24) months after the individual’s sixteenth
birthday and before the individual’s eighteenth birthday;
2. Be a resident of this state;
3. Have graduated within the previous three (3) years from a
high school accredited by the State Board of Education, the Oklahoma
School of Science and Mathematics, or upon approval of the Oklahoma
State Regents for Higher Education, a public high school in a state
bordering Oklahoma in which the student enrolled with approval of the
State Board of Education as provided in Section 8-103 of Title 70 of
the Oklahoma Statutes or have completed General Educational
Development (GED) requirements;
4. Have satisfied admission standards as determined by the
Oklahoma State Regents for Higher Education for first-time-entering
students for the appropriate type of institution; and
5. Have secured admission to, and enrolled in, an institution
which is a member of The Oklahoma State System of Higher Education or
a postsecondary vocational-technical program offered pursuant to a
duly approved cooperative agreement between an area vocational-
technical school and an institution of The Oklahoma State System of
Higher Education.
C. To retain eligibility for a waiver of tuition while pursuing
the program of higher learning in which enrolled, the student shall:
1. Maintain good academic standing and satisfactory academic
progress according to standards of the Oklahoma State Regents for
Higher Education; and
2. Comply with the standards related to maintenance of
eligibility as promulgated by the Oklahoma State Regents for Higher
Education.
D. It is the intent of the Legislature that students in the 12th
grade for the 1999-2000 school year who are determined to be eligible
pursuant to this section shall be the first students eligible for the
tuition waiver.
Added by Laws 2000, c. 374, § 39, eff. July 1, 2000.
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§70-3230.1. Oklahoma Experimental Program to Stimulate Competitive
Research Advisory Committee.
A. There is hereby created the Oklahoma Experimental Program to
Stimulate Competitive Research (EPSCoR) Advisory Committee to the
Oklahoma State Regents for Higher Education. The Committee shall be
advisory in nature and shall provide recommendations on EPSCoR
programs to the Regents, which is the funding agency for the state
share of matching requirements for EPSCoR initiatives.
B. The purpose of the Committee shall be, through a partnership
of higher education institutions, independent research entities,
industry, and state government, to enhance scientific and engineering
research and development conducted at universities in the state and
thereby to enhance the success of Oklahoma researchers in federal
award competitions.
Added by Laws 2000, c. 375, § 1, eff. July 1, 2000.
§70-3230.2. Committee appointments – Compensation – Travel
reimbursement.
A. The Oklahoma State Regents for Higher Education shall appoint
members to the Oklahoma EPSCoR Advisory Committee that include:
1. Representatives of the state’s universities and colleges;
2. Representatives of private research entities located in
Oklahoma;
3. Representatives of private business;
4. Residents of Oklahoma whose contribution will enhance the
goals of the Committee; and
5. A representative of the Oklahoma Center for the Advancement
of Science and Technology.
B. The membership of the Committee shall also include:
1. One member of the Governor’s staff to be appointed by the
Governor;
2. One member of the State Senate to be appointed by the
President Pro Tempore of the Senate; and
3. One member of the House of Representatives to be appointed by
the Speaker of the House of Representatives.
C. The Regents shall ensure that the membership of the Committee
complies with requirements and guidelines of the appropriate federal
agencies.
D. Members of the Committee shall not receive compensation for
serving on the Committee, but may receive travel reimbursement as
follows:
1. Legislative members of the Committee may be reimbursed for
their necessary travel expenses incurred in the performance of their
duties in accordance with Section 456 of Title 74 of the Oklahoma
Statutes from the legislative body in which they serve;
2. State agency employees who are members of the Committee shall
be reimbursed for travel expenses incurred in the performance of
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their duties by their respective agencies in accordance with the
State Travel Reimbursement Act; and
3. All other Committee members may be reimbursed for travel
expenses incurred in the performance of their duties by the Oklahoma
State Regents for Higher Education in accordance with the State
Travel Reimbursement Act.
Added by Laws 2000, c. 375, § 2, eff. July 1, 2000.
§70-3230.3. Duties and responsibilities.
A. The Oklahoma EPSCoR Advisory Committee shall recommend to the
Oklahoma State Regents for Higher Education EPSCoR research projects
requiring state matching funds and other research and systemic
initiatives as requested by the Regents.
B. The Committee shall have the duty and responsibility of:
1. Promoting cooperative research efforts among public and
private universities in Oklahoma;
2. Promoting private sector involvement in university research
and encouraging technology transfer;
3. Promoting human resource development in science and
engineering within The Oklahoma State System of Higher Education;
4. Selecting specific research projects for submission in
response to solicitations by EPSCoR Programs administered by federal
agencies, which include but are not limited to the National Science
Foundation, the Department of Defense, the Environmental Protection
Agency, the Department of Energy, the Department of Commerce, the
National Aeronautics and Space Administration, the United States
Department of Agriculture, and the National Institutes of Health,
(NIH), including the NIH IDeA Program for which a limited number of
projects may be submitted by the State of Oklahoma;
5. Appointing the Oklahoma State EPSCoR Director; and
6. Undertaking other efforts as appropriate.
Added by Laws 2000, c. 375, § 3, eff. July 1, 2000.
§70-3230.4. Annual report.
The Oklahoma EPSCoR Advisory Committee shall submit by July 1,
2001, and each July 1 thereafter, an annual report of its activities
for the preceding year to the Oklahoma State Regents for Higher
Education.
Added by Laws 2000, c. 375, § 4, eff. July 1, 2000.
§70-3240. Low-cost textbook rental system - Purpose - Conditions of
rental.
A. The Oklahoma State Regents for Higher Education are hereby
authorized to establish and implement a system for the rental and
distribution of higher education textbooks to students attending any
institution of higher education within The Oklahoma State System for
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Higher Education. The purpose of this system for rental and
distribution of textbooks is to:
1. Make textbooks available on a rental basis to students who
may not be able to afford the price of a new or used textbook;
2. Encourage faculty within The Oklahoma State System of Higher
Education to use class textbooks for a longer period of time;
3. Encourage department heads to review textbooks used in that
department to help determine if a textbook can be utilized for a
longer period of time or whether such textbook is outdated; and
4. Encourage students to make use of all textbooks required for
the courses of study of such student and not limit the education of
the student because of lack of funds to purchase new or used
textbooks.
B. The Oklahoma State Regents for Higher Education are hereby
encouraged to authorize the board of regents of the various higher
education institutions within The Oklahoma State System for Higher
Education to utilize the system to purchase textbooks as determined
by the faculty or department heads to be marked as rental textbooks
to be provided at a low rental payment for students attending that
institution of higher education. Among other conditions of rental
established by the State Regents and the Board of Regents of the
institution of higher education, such textbooks shall be rented on
condition of return of such textbook at the conclusion of the course
of study of such student and that any damage to the textbook will be
paid for by the student. The Oklahoma State Regents for Higher
Education are authorized to promulgate and adopt rules for the
establishment and implementation of this system for low-cost textbook
rental for institutions of higher education.
Added by Laws 1994, c. 39, § 1, eff. July 1, 1994.
§70-3241. Instructional materials – Provision in digital electronic
format.
It is the intent of the Legislature to ensure that all students
with disabilities enrolled in institutions in The Oklahoma State
System of Higher Education be afforded the opportunities to succeed.
In recognition of the fact that instructional materials are a
critical component of education, the Oklahoma State Regents for
Higher Education shall encourage the state institutions of higher
education to communicate to all manufacturers and publishers of
required or essential instructional materials that such materials
should be provided in a digital electronic format, in a timely manner
to fit course schedules, and at no additional cost to the
institutions. Instructors of higher education should be made aware
of this alternative format, and should provide whatever assistance
that may be feasible in making the materials available to students
when so requested.
Added by Laws 2000, c. 62, § 1, eff. July 1, 2000.
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§70-3241.1. Instructional materials – Costs, purchasing, and
definitions.
A. It is the intent of the Legislature to:
1. Give students enrolled in institutions in The Oklahoma State
System of Higher Education more choices for purchasing textbooks and
instructional materials;
2. Encourage higher education faculty and staff to work closely
with bookstores and publishers to implement the least costly option
without sacrificing educational content; and
3. Provide maximum cost savings to students.
B. As used in this section:
1. "Instructional material" means any textbooks, workbooks, CD-
ROMs, and other course-related material that are published with the
intent that they be used for or in conjunction with classroom
instruction and that are adopted for academic use by the faculty or
the person or entity in charge of selecting learning materials at the
institution within The Oklahoma State System of Higher Education;
2. "Bundled" means a textbook and other supplemental
instructional materials that may be packaged together to be sold as
course materials for one price but shall not include integrated
textbooks that cannot be sold separately due to third-party
contractual agreements, custom editions, or special editions;
3. “Integrated textbook” means a textbook that:
a. is combined with materials developed by a third party
and that, by third-party contractual agreement, may not
be offered by publishers separately from the textbook
with which the materials are combined, or
b. is combined with other materials that are so
interrelated with the intent of the textbook that the
separation of the textbook from the other materials
would render the textbook unusable for its intended
purpose; and
4. “Custom edition” means instructional material that is
compiled by a publisher at the direction of a faculty member or other
person or adopting entity in charge of selecting course materials at
an institution, and may include, alone or in combination, items such
as selections from original instructor materials, previously
copyrighted publisher materials, copyrighted third-party works, and
elements unique to a specific institution, such as commemorative
editions.
C. Each board of regents of an institution or group of
institutions within The Oklahoma State System of Higher Education
shall adopt an instructional material policy that requires:
1. Bookstores located on campus or bookstores which contract
with the institution to provide bookstore services to students to:
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a. provide students with the option of purchasing
instructional materials that are unbundled when
possible, disclose to faculty and staff the costs to
students of purchasing instructional materials, and
disclose publicly how new editions vary from previous
editions,
b. actively promote and publicize book buy-back programs,
and
c. disclose retail costs for instructional materials on a
per-course basis to faculty and staff and make this
information publicly available; and
2. Higher education faculty and staff members to consider the
least costly practices in assigning instructional materials for a
course, such as adopting the least expensive edition available when
educational content is comparable as determined by the faculty and
working closely with publishers and bookstores to create bundles and
packages if they deliver cost savings to students.
D. In developing an instructional material policy as required in
subsection C of this section, each board of regents shall work with
and seek input from bookstores, publishers, students and faculty
representatives.
E. Each publisher of instructional material used by students
enrolled at institutions in The Oklahoma State System of Higher
Education shall make available to the faculty and staff of that
institution the:
1. Price at which the publisher will make the instructional
materials available to bookstores, either those located on campus of
the institution or those which have a contract with the institution
to provide bookstore services to students; and
2. A description of the substantial content revisions made
between the current edition of the textbook or supplemental material
and the previous edition, if any.
Added by Laws 2007, c. 368, § 2, eff. Nov. 1, 2007. Amended by Laws
2009, c. 58, § 1, eff. Aug. 1, 2009.
§70-3241.2. Receipt of inducements for requiring purchase of
particular materials - Solicitation of free review instructional
materials - Prohibition.
A. No employee or department at an institution within The
Oklahoma State System of Higher Education shall demand or receive any
payment, loan, subscription, advance, deposit of money, services or
anything, present or promised, as an inducement for requiring
students enrolled at the institution to purchase specific textbooks
or instructional material required for coursework or instruction. An
employee or department of an institution may receive:
1. Sample copies of textbooks or instructional material,
instructor copies of textbooks or instructional material, or other
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instructional material, that are not to be sold by faculty, staff, or
bookstores;
2. Royalties or other compensation from sales of textbooks or
instructional materials that include the writing or work of the
employee;
3. Honoraria for academic peer review of instructional
materials; and
4. Training in the use of instructional materials and
technologies.
B. No instructional material vendor or bookstores located on
campus or bookstores which contract with the institution to provide
bookstore services to students shall solicit higher education faculty
and staff members for the purpose of selling free review
instructional materials that have been provided by a publisher at no
charge to the faculty or staff. Bookstores shall not permit book
wholesalers conducting buybacks on campus to accept review
instructional materials from faculty or staff. No bookstore shall
engage in any trade of any instructional material marked as or
identified as free review instructional materials.
Added by Laws 2007, c. 368, § 3, eff. Nov. 1, 2007.
§70-3242. Eligibility for enrollment and resident tuition -
Immigrant status - Scholarships and financial aid.
A. The Oklahoma State Regents for Higher Education may adopt a
policy which allows a student to enroll in an institution within The
Oklahoma State System of Higher Education and allows a student to be
eligible for resident tuition if the student:
1. Graduated from a public or private high school in this state;
and
2. Resided in this state with a parent or legal guardian while
attending classes at a public or private high school in this state
for at least two (2) years prior to graduation.
B. To be eligible for the provisions of subsection A of this
section, an eligible student shall:
1. Satisfy admission standards as determined by the Oklahoma
State Regents for Higher Education for the appropriate type of
institution and have secured admission to, and enrolled in, an
institution within The Oklahoma State System of Higher Education; and
2. If the student cannot present to the institution valid
documentation of United States nationality or an immigration status
permitting study at a postsecondary institution:
a. provide to the institution a copy of a true and correct
application or petition filed with the United States
Citizenship and Immigration Services to legalize the
student’s immigration status, or
b. file an affidavit with the institution stating that the
student will file an application to legalize his or her
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immigration status at the earliest opportunity the
student is eligible to do so, but in no case later
than:
(1) one (1) year after the date on which the student
enrolls for study at the institution, or
(2) if there is no formal process to permit children
of parents without lawful immigration status to
apply for lawful status without risk of
deportation, one (1) year after the date the
United States Citizenship and Immigration Services
provide such a formal process, and
c. if the student files an affidavit pursuant to
subparagraph b of this paragraph, present to the
institution a copy of a true and correct application or
petition filed with the United States Citizenship and
Immigration Services no later than:
(1) one (1) year after the date on which the student
enrolls for study at the institution, or
(2) if there is no formal process to permit children
of parents without lawful immigration status to
apply for lawful status without risk of
deportation, one (1) year after the date the
United States Citizenship and Immigration Services
provide such a formal process, which copy shall be
maintained in the institution's records for that
student.
C. Any student who completes the required criteria prescribed in
subsection A of this section, paragraph 1 of subsection B of this
section, and subparagraph a of paragraph 2 of subsection B of this
section shall not be disqualified on the basis of the student’s
immigration status from any scholarships or financial aid provided by
this state.
D. The provisions of this section shall not impose any
additional conditions to maintain resident tuition status at a
postsecondary educational institution within The Oklahoma State
System of Higher Education on a student who was enrolled in a degree
program and first received such resident tuition status at that
institution during the 2006-2007 school year or any prior year.
Added by Laws 2003, c. 210, § 1. Amended by Laws 2007, c. 112, § 13,
eff. Nov. 1, 2007.
§70-3242.1. Repealed by Laws 2014, c. 7, § 1, eff. Nov. 1, 2014.
§70-3242.2. Individuals unlawfully in the country ineligible for
resident benefits or tuition - Exceptions.
A. Except as otherwise provided in Section 3242 of Title 70 of
the Oklahoma Statutes, an individual who is not lawfully present in
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the United States shall not be eligible on the basis of residence
within the state for:
1. Any postsecondary education benefit, including, but not
limited to, scholarships or financial aid; or
2. Resident tuition.
B. The provisions of subsection A of this section shall not
apply to a student enrolled in a degree program at a postsecondary
educational institution within The Oklahoma State System of Higher
Education during the 2006-2007 school year or any prior year who
received a resident tuition benefit pursuant to Section 3242 of Title
70 of the Oklahoma Statutes at that institution.
Added by Laws 2007, c. 112, § 11, eff. Nov. 1, 2007.
§3242.3. Repealed by Laws 2015, c. 141, § 2, eff. July 1, 2015.
§70-3243. Provision of information on meningococcal disease -
Vaccination - Waiver.
A. Beginning with the 2004-2005 academic year, public or private
postsecondary educational institutions shall provide detailed
information on the risks associated with meningococcal disease and
the risks and benefits of the vaccination as well as the availability
of vaccine to students who reside or plan to reside in on-campus
student housing.
B. Beginning with the 2004-2005 academic year, students who are
first-time enrollees in any public or private postsecondary
educational institution in this state and who reside in on-campus
student housing shall be vaccinated against meningococcal disease,
unless:
1. In the case of an individual who is eighteen (18) years of
age or older, the individual signs a written waiver provided by the
institution of higher education stating that the individual has
received and reviewed the information provided and has chosen not to
be vaccinated against meningococcal disease; or
2. In the case of an individual who is a minor, the individual’s
parent or guardian signs a written waiver provided by the institution
of higher education stating that the parent or guardian has received
and reviewed the information provided and has chosen not to have the
individual vaccinated against meningococcal disease.
C. The Oklahoma State Regents for Higher Education shall consult
the State Department of Health regarding the preparation of the
informational material and waiver form required in subsection B of
this section. The Regents shall provide the material and form to all
public or private postsecondary educational institutions with on-
campus student housing in this state. It shall be the responsibility
of the governing body or board of regents for each public or private
postsecondary institution or group of institutions to adopt policies
for the implementation of this section.
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D. Public or private postsecondary institutions in this state
shall not be required to provide or pay for vaccinations against
meningococcal disease.
Added by Laws 2003, c. 322, § 1, eff. Nov. 1, 2003.
NOTE: Editorially renumbered from § 3242 of Title 70 to avoid a
duplication in numbering.
§70-3244. Documentation of vaccinations by students - Exemption -
Exceptions for certain categories of students.
A. 1. Beginning with the 2004-2005 academic year, in order to
enroll as a full-time or part-time student in an institution within
The Oklahoma State System of Higher Education or a private
institution of higher learning located within this state and
accredited pursuant to Section 4103 of Title 70 of the Oklahoma
Statutes, an individual shall provide written documentation of
vaccinations against hepatitis B, measles, mumps, and rubella (MMR).
2. The requirement shall not apply to students enrolling in
courses delivered via the Internet or distance learning in which the
student is not required to attend class on campus.
B. Beginning with the 2004-2005 academic year, institutions
shall notify students of the requirements of subsection A of this
section and provide students with educational information on
hepatitis B, measles, mumps, and rubella (MMR) upon enrollment. Such
information shall also include the risks and benefits of the
vaccination. Institutions shall not be required to provide or pay
for vaccinations against hepatitis B, measles, mumps, and rubella
(MMR).
C. A written statement from a licensed physician indicating that
a vaccine is medically contraindicated shall exempt a student from
the vaccination. A student shall be exempt from the vaccination if
the student submits a written, signed statement declaring that the
administration of the vaccine conflicts with the student’s moral or
religious tenets or, if the student is a minor, the student’s parent
or guardian provides a written statement that the administration of
the vaccine conflicts with the parent’s or guardian’s moral or
religious tenets.
D. It shall be the responsibility of the governing body or board
of regents for each public or private postsecondary institution or
group of institutions to adopt policies for the implementation of
this section. In adopting these policies the relevant governing body
or board of regents may include exceptions for certain categories of
students at its discretion.
Added by Laws 2003, c. 322, § 2, eff. Nov. 1, 2003.
NOTE: Editorially renumbered from § 3243 of Title 70 to avoid a
duplication in numbering.
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§70-3245. Agreements to sell student data for marketing of consumer
credit prohibited - Definitions.
No institution within The Oklahoma State System of Higher
Education or technology center school within the state system of
career and technology education shall enter into any agreement on or
after the effective date of this act to sell student data to any
creditor for purposes of marketing consumer credit to students.
Provided, nothing in this section shall preclude an institution or
school from releasing student data as permitted by the Oklahoma Open
Records Act.
As used in this section:
1. “Creditor” means a person, partnership, corporation,
association, or other entity who, in the ordinary course of business,
regularly extends consumer credit. The term creditor shall include
any agent of a creditor for collection, processing, or other
purposes;
2. “Consumer credit” means credit extended to a consumer as a
consumer loan as defined in Section 3-104 of Title 14A of the
Oklahoma Statutes or a lender credit card or seller credit card as
defined in Section 1-301 of Title 14A of the Oklahoma Statutes; and
3. “Student data” means the same as directory information as
defined in Section 24A.16 of Title 51 of the Oklahoma Statutes.
Added by Laws 2007, c. 114, § 1, eff. July 1, 2007.
§70-3246. Teacher education programs - Statewide professional
educators' association - Equal access to students.
It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education adopt a policy for each institution
within The Oklahoma State System of Higher Education which has a
teacher education program that will require equal access for
statewide professional educators’ associations to students enrolled
in the program. The policy shall prohibit teacher education programs
and the faculty and employees of the program from denying a statewide
professional educators’ association equal access to students enrolled
in the program to the same extent that access is granted to other
educators’ associations. The policy shall define access to include:
1. Setting up informational tables at the institution or student
meetings;
2. Speaking at student meetings;
3. Distributing information in mail boxes or through the e-mail
system of the institution;
4. Utilizing institution meeting rooms during nonworking hours;
5. Posting information on bulletin boards; and
6. Utilizing printing services for the institution.
Added by Laws 2011, c. 283, § 1, eff. Nov. 1, 2011.
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§70-3247. Higher education in-state status - Dependents of military
personnel.
A. A student shall be eligible for in-state status regardless of
the residency of the student if the student is a:
1. Dependent child or spouse of a person currently serving as a
member of the active uniformed services of the United States on full-
time active duty status of more than thirty (30) days and for whom
Oklahoma is the home of record;
2. Dependent child or spouse of a person currently serving as a
member of the military reserve on active duty orders of more than
thirty (30) days and for whom Oklahoma is the home of record;
3. Person, or spouse or dependent child of a person, currently
serving as a member of the uniformed services of the United States
who is on full-time active duty for a period of more than thirty (30)
days and is stationed or temporarily present in Oklahoma through
military orders;
4. Person, or spouse or dependent child of a person, who was
discharged or released from a period of not fewer than ninety (90)
days of active uniformed service, less than five (5) years before the
date of enrollment in the course(s) concerned and for whom Oklahoma
is the home of record; or
5. Person who is participating in or has received a partial or
full scholarship from the Air Force Reserve Officers' Training Corps,
Army Reserve Officers' Training Corps or the Navy/Marines Reserve
Officers' Training Corps.
B. To be eligible for in-state status as provided for in
subsection A of this section and to maintain eligibility, the student
shall:
1. Satisfy admission and retention standards as determined by
the Oklahoma State Regents for Higher Education for an institution
within The Oklahoma State System of Higher Education; and
2. Have secured admission to and enrolls full-time or part-time
in a program of study at an institution within The Oklahoma State
System of Higher Education.
C. A student who files with the institution within The Oklahoma
State System of Higher Education at which the student intends to
register a letter of intent to establish residence in the state and
who resides in the state while enrolled in the institution shall be
eligible for in-state status, regardless of the residency of the
student or home of record, if the student:
1. Is a person who:
a. was discharged or released from a period of not fewer
than ninety (90) days of active duty uniformed service,
less than five (5) years before the date of enrollment
in the course(s) concerned, and
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b. is pursuing a course of education with educational
assistance under Chapter 30 or 33 of Title 38 of the
United States Code while living in this state; or
2. Is a person who:
a. is entitled to assistance under Section 3311(b)(9) or
3319 of Title 38 of the United States Code by virtue of
a relationship to a person who was discharged or
released from a period of not fewer than ninety (90)
days of active duty uniformed services, and
b. enrolls in the course(s) concerned within five (5)
years of the date the related person was discharged or
released from a period of not fewer than ninety (90)
days of active duty uniformed services.
D. To be eligible for in-state status as provided for in
subsection C of this section and to maintain eligibility, the student
shall:
1. Satisfy admission and retention standards as determined by
the Oklahoma State Regents for Higher Education for an institution
within The Oklahoma State System of Higher Education; and
2. Have secured admission to and enrolls full-time or part-time
in a program of study at an institution within The Oklahoma State
System of Higher Education.
E. A student who meets the eligibility requirements for in-state
status shall maintain in-state status if the student remains
continuously enrolled at an institution within The Oklahoma State
System of Higher Education after the student:
1. As described in paragraphs 1, 2 or 3 of subsection A of this
section is discharged or released from active duty service;
2. As described in paragraph 4 of subsection A of this section
or paragraph 1 and 2 of subsection C of this section exceeds the
five-year period after being discharged or released from active duty
uniformed service;
3. As described in paragraph 1 of subsection C of this section
has exhausted education assistance provided under Chapter 30 or 33 of
Title 38 of the United States Code; or
4. As described in paragraph 2 of subsection C of this section
has exhausted education assistance provided under Section 3311(b)(9)
or 3319 of Title 38 of the United States Code.
//77
G. The State Regents for Higher Education shall develop policies
and procedures necessary to implement the provisions of this section.
Added by Laws 2012, c. 290, § 1, eff. July 1, 2012. Amended by Laws
2015, c. 141, § 1, eff. July 1, 2015.
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§70-3248. Leave of absence for members of military.
A. An institution within The Oklahoma State System of Higher
Education shall grant a leave of absence to a student who is a member
of the active uniformed military services of the United States and is
called to active duty. The student shall be eligible to:
1. Withdraw from and receive a refund for any or all classes for
the period of active duty service without penalty to admission status
or grade point average and without loss of institutional financial
aid; or
2. Receive an incomplete grade for any or all classes for the
period of active duty status; provided, however, that the student has
completed a minimum of fifty percent (50%) of all class work prior to
being called to active duty and the student completes all classes
upon return from active duty. The student's admission status and
grade point average shall not be penalized, and the student shall
experience no loss of institutional financial aid.
B. The leave of absence granted pursuant to subsection A of this
section shall not exceed a cumulative five (5) years.
C. If an institution within The Oklahoma State System of Higher
Education fails to comply with the provisions of this act, the
student may bring an action in district court for actual and
compensatory damages for noncompliance and may be granted such relief
as is just and proper under the circumstances.
Added by Laws 2014, c. 28, § 2, eff. July 1, 2014.
§70-3301. University of Oklahoma.
The State Educational Institution located at Norman and known as the
University of Oklahoma shall continue at the same location and its
official name shall be the University of Oklahoma. The Oklahoma
Geological Survey located at Norman and the medical facilities of the
University of Oklahoma located at Oklahoma City, which shall be
designated as the University of Oklahoma Medical Center, shall
continue in existence and shall be integral parts of the University
of Oklahoma.
Laws 1965, c. 396, § 301.
§70-3302. Board of Regents of the University of Oklahoma - Body
corporate - Appointment and terms of members - Removal - Vacancies.
(a) The Board of Regents provided for by Section 8, Article
XIII, Oklahoma Constitution, shall constitute a body corporate by the
name of Regents of the University of Oklahoma and shall be the
government of the University of Oklahoma, Cameron University, and
Rogers State University. It shall consist of seven (7) members to be
appointed by the Governor by and with the advice and consent of the
Senate. Provided, that persons now serving on such Board shall be
*+,-11'121#+,, .;$((
members of and continue to serve on the Board for the terms for which
they were appointed.
(b) Appointments shall be to numbered positions on the Board,
and terms of members of the Board shall be, as follows:
(1) Position No. 1. The term of office of one member shall
expire on the 21st day of March, 1966, and each seven (7) years
thereafter.
(2) Position No. 2. The term of office of one member shall
expire on the 21st day of March, 1967, and each seven (7) years
thereafter.
(3) Position No. 3. The term of office of one member shall
expire on the 21st day of March, 1968, and each seven (7) years
thereafter.
(4) Position No. 4. The term of office of one member shall
expire on the 21st day of March, 1969, and each seven (7) years
thereafter.
(5) Position No. 5. The term of office of one member shall
expire on the 21st day of March, 1970, and each seven (7) years
thereafter.
(6) Position No. 6. The term of office of one member shall
expire on the 21st day of March, 1971, and each seven (7) years
thereafter.
(7) Position No. 7. The term of office of one member shall
expire on the 21st day of March, 1972, and each seven (7) years
thereafter.
(c) No member of the Board shall be employed upon any work to be
performed in connection with the University of Oklahoma, Cameron
University, or Rogers State University, nor shall any member of said
Board enter into any contract or business transaction involving a
financial consideration with the University of Oklahoma, Cameron
University, or Rogers State University.
(d) Members of the Board shall be subject to removal from office
as provided by law for the removal of elective officers not liable to
impeachment.
(e) Vacancies on the Board shall be filled by the Governor, for
the unexpired term, by and with the advice and consent of the Senate.
Laws 1965, c. 396, § 302; Laws 1992, c. 308, § 11, eff. June 1, 1992;
Laws 1999, c. 274, § 2, eff. June 1, 1999.
§70-3303. Board of Regents of the University of Oklahoma - Oaths -
Travel expenses.
(a) Each member of the Board of Regents of the University of
Oklahoma shall take and subscribe to the oaths required of State
officials generally.
(b) Each member of the Board shall be allowed necessary travel
expenses, as may be approved by the Board pursuant to the State
Travel Reimbursement Act.
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Amended by Laws 1985, c. 178, § 60, operative July 1, 1985.
§70-3304. Board of Regents of the University of Oklahoma - Official
seal - Officers - Terms and duties of officers - Proceedings.
The Board of Regents of the University of Oklahoma shall adopt an
official seal. It shall annually elect a President who may also be
known as Chairman, a Vice President who may also be known as Vice
Chairman and a Secretary, each of whom shall serve a term of one (1)
year and until his successor is elected and qualified, and who shall
have such powers and duties as may be prescribed by the Board. The
Board shall adopt such rules and regulations as it deems necessary to
govern its proceedings and the conduct of its business. The
Secretary of the Board on behalf of the University of Oklahoma Board
shall keep a record of all transactions of the Board and it shall not
be necessary that the Secretary be a member of the Board.
Laws 1965, c. 396, § 304; Laws 1980, c. 159, § 24, emerg. eff. April
2, 1980.
§70-3305. Board of Regents of the University of Oklahoma - Powers
and duties.
The Board of Regents of the University of Oklahoma shall have the
supervision, management and control of the University of Oklahoma and
all its integral parts, of Cameron University, and of Rogers State
University and shall have the following additional powers and duties:
(a) Adopt such rules and regulations as it deems necessary to
govern the University of Oklahoma, Cameron University, and Rogers
State University.
(b) Employ and fix the compensation and duties of such personnel
as it deems necessary, including architects, attorneys, engineers and
other professional and technical persons, for its operation and for
the operation of the University of Oklahoma, Cameron University, and
Rogers State University. Any of such personnel having custody of
public funds or other public property may be required to furnish
corporate surety bonds in such amounts as may be deemed necessary by
the Board, payable to the State of Oklahoma and conditioned upon a
faithful accounting of all such funds and property.
(c) Enter into contracts, purchase supplies, materials and
equipment, and incur such other expenses as may be necessary to make
any of its powers effective.
(d) Authorize officials of the University of Oklahoma, Cameron
University, and Rogers State University to act in its behalf in the
making of contracts, or in carrying out the powers conferred upon it.
(e) Receive and make disposition of monies, grants, and property
from federal agencies, and administer the same in accordance with
federal requirements.
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(f) Accept gifts of real and personal property, monies and other
things, and use or dispose of the same in accordance with the
directions of the donors or grantors thereof.
(g) Direct the disposition of all monies appropriated by the
Legislature or by the Congress or derived from the sale of bonds or
received from any other source by the University of Oklahoma, Cameron
University, and Rogers State University.
(h) Acquire and take title to real and personal property in its
name, on behalf of the University of Oklahoma or any agency thereof,
on behalf of Cameron University, and on behalf of Rogers State
University and convey, exchange or dispose of, or otherwise manage or
control, such property in the interest of the University of Oklahoma
or agency thereof, Cameron University, and Rogers State University,
including the granting of leases, permits, easements and licenses
over or upon such real property. The Board shall have the power to
institute legal action in the name of the Board before any court
having jurisdiction of such actions. The Board shall have the
custody and control of abstracts of title and instruments affecting
the ownership of or title to real property belonging to the Board,
and being held by the Board on behalf of the University of Oklahoma
or any agency thereof, on behalf of Cameron University, and on behalf
of Rogers State University.
(i) Have supervision and charge of the construction of all
buildings at the University of Oklahoma, Cameron University, and
Rogers State University.
(j) Determine the need for and cause to be constructed,
dormitories and other buildings, on a self-liquidating basis, at the
University of Oklahoma or any branch or facility thereof, at Cameron
University, and at Rogers State University.
(k) Establish and maintain plans for tenure and retirement of
employees of the Board and of the University of Oklahoma, Cameron
University, and Rogers State University and for payment of deferred
compensation of such employees; and provide hospital and medical
benefits, accident, health and life insurance, and annuity contracts,
for such employees and their dependents. The Board may pay for all
or a part of the cost thereof for employees, with funds available for
the operation of the institution. Amounts payable by an employee for
such insurance or annuity contracts may, with the consent of the
employee, be deducted from his salary.
(l) Audit all accounts against the funds appropriated for the
use and maintenance of the University of Oklahoma, Cameron
University, and Rogers State University and the State Treasurer shall
issue his warrant for the amount of all accounts, including salaries
and expenses of said Board, which shall have been audited and allowed
by the Board of Regents and attested by the President and Secretary
of the University of Oklahoma, the President of Cameron University,
and the President of Rogers State University.
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(m) Provide penalties and forfeitures by way of damages and
otherwise for the violation of rules and regulations of the Board,
which may be sued for and collected in the name of the Board before
any court having jurisdiction of such actions.
(n) Issue, on behalf of the University of Oklahoma, special and
limited obligations for purposes of such capital projects as the
Regents may deem to be proper.
(o) Do all things necessary and convenient to carry out the
powers expressly granted to it by the Constitution and the laws of
the state, or to make the University of Oklahoma, Cameron University,
and Rogers State University effective for the purposes for which they
are maintained and operated and the enumeration herein of certain
powers and immunities of the Board of Regents of the University shall
not be construed as in derogation or as a limitation of the powers
and immunities properly belonging to the Board in the government of
the University of Oklahoma, Cameron University, and Rogers State
University by virtue of Section 8, Article XIII of the Constitution.
Added by Laws 1965, c. 396, § 305. Amended by Laws 1979, c. 47, §
81, emerg. eff. April 9, 1979; Laws 1992, c. 308, § 12, eff. June 1,
1992; Laws 1998, c. 364, § 24, emerg. eff. June 8, 1998; Laws 1999,
c. 274, § 3, eff. June 1, 1999; Laws 2005, c. 2, § 14, emerg. eff.
March 31, 2005; Laws 2005, c. 218, § 14, emerg. eff. May 24, 2005.
§70-3306. Repealed by Laws 1973, c. 103, § 13, operative July 1,
1973.
§70-3306.1. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.2. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.3. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.4. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.5. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.5a. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.6. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.7. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.8. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.10. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.11. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
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§70-3306.12. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.12a. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.13. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980
and Laws 1980, c. 68, § 1.
§70-3306.14. Repealed by Laws 1983, c. 169, § 1, emerg. eff. June 6,
1983.
§70-3306.15. Repealed by Laws 1983, c. 169, § 1, emerg. eff. June 6,
1983.
§70-3306.16. Repealed by Laws 1983, c. 169, § 1, emerg. eff. June 6,
1983.
§70-3306.17. Repealed by Laws 1983, c. 169, § 1, emerg. eff. June 6,
1983.
§70-3306.18. Repealed by Laws 1983, c. 169, § 1, emerg. eff. June 6,
1983.
§70-3306.19. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.20. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.21. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3306.22. Repealed by Laws 1980, c. 20, § 12, eff. July 1, 1980.
§70-3307. University Hospital Psychiatry and Neurology Service -
Definitions - Chief of service - Admission, release and transfer of
patients.
It shall be the policy of the State and is the intent of this
section to provide the citizens of Oklahoma with a diagnostic and
remedial psychiatry and neurology service, to provide the School of
Medicine of the University of Oklahoma with a means of furnishing
professional education and research in psychiatry and neurology, to
provide for the administration and use of the facilities, located in
the University Hospital, for this purpose.
(a) The following terms when used in this section shall mean as
herein defined:
(1) "University Hospital" shall mean the Oklahoma Memorial
Hospital of the Oklahoma Medical Center.
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(2) "Psychiatry and Neurology Service" shall mean the diagnostic
and therapeutic service for mental patients established in the
psychiatric and neurological facilities of the University Hospital.
(3) "Psychiatric and neurological facilities" shall mean the
psychiatry and neurology unit of the University Hospital and such
ancillary facilities as may be necessary for its operation.
(4) "Chief" shall mean the Chief of the Psychiatry and Neurology
Service.
(5) "School of Medicine" shall mean the School of Medicine of
the University of Oklahoma Medical Center.
(6) "Board" shall mean the Board of Regents of the University of
Oklahoma.
(b) The psychiatry and neurology unit (commonly called the
neuro-psychiatric unit) of the University Hospital shall be such
clinics and laboratories of the University Hospital as may be
required, together with the psychiatric and neurological facilities
of the School of Medicine and the University Hospital.
The Board shall establish a Psychiatry and Neurology Service in
the psychiatric and neurological facilities, to be used as a training
and research unit for the teaching of psychiatry and neurology. The
Service shall be established and operated under such conditions and
terms as may be instituted by the School of Medicine and University
Hospital with the approval of the Board and subject to the provisions
of this section.
(c) The Board shall appoint a full time Chief of Psychiatry and
Neurology Service.
(1) He shall be licensed to practice medicine in this state and
shall be qualified to supervise residency training and shall meet the
standards established by the American Board of Psychiatry and
Neurology or its successor.
(2) He shall be appointed as a member of the faculty of the
School of Medicine in the Department of Psychiatry and Neurology.
(3) He shall be in charge of the Psychiatry and Neurology
Service, subject to the general policies and direction of the
University Hospital administration.
(d) The admission of patients to the University Hospital
Psychiatry and Neurology Service and the trial release of patients
shall be based on the following criteria.
(1) Admission shall be on the basis of the teaching needs, and
requirements of the School of Medicine, in accordance with
regulations approved by the Board.
(2) Admission shall be in conformity with the mental health laws
providing for the admission of mental patients to mental hospitals.
(3) "Trial release" from inpatient to outpatient status is
authorized in conformity with the state mental health laws in
recognition of special therapeutic requirements of certain mental
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patients as determined by the Chief. Such trial release will be in
the custody of the responsible relative or guardian.
(4) In case such custody is not assumed by the responsible
relative or guardian within one week after written notice from the
Chief, the patient may be committed or transferred by the Director of
the Department of Mental Health and Substance Abuse Services to the
appropriate state mental hospital.
(e) Authority is hereby provided for the transfer of any patient
of the psychiatric and neurological facilities and services of the
University Hospital to a component facility of the Department of
Mental Health and Substance Abuse Services and for the transfer of
any patient of a component facility of that Department to the
University Hospital psychiatric and neurological facilities and
services under such procedures as the Department and the School of
Medicine may adopt, subject to the provisions of this section and the
mental health laws of this state.
(1) The transfer of such patients shall be for the following
purposes:
a. to provide necessary patients for the teaching of diagnosis
and therapy of mental illness, according to the needs of the School
of Medicine,
b. to make special diagnostic and/or therapeutic measures
available to the patients, and
c. to maintain the Psychiatry and Neurology Service of the
University Hospital as a short term diagnostic and therapeutic
facility.
(2) The procedure for transfer of patients provided for in
Paragraph (d), subparagraph (4) and this paragraph shall be
determined by a board of three (3) members, one each to be appointed
by the Director of the Department of Mental Health and Substance
Abuse Services, the Superintendent of the University Hospital, and
the State Commissioner of Health.
(f) The discharge of certified patients from the Psychiatry and
Neurology Service shall be determined by the consensus of a board of
three members from the Department of Psychiatry and Neurology,
including the Chief. The Chief shall notify the court, which
certified the patient originally, that the Board has concluded that
the patient so certified is mentally well and is being discharged.
Amended by Laws 1988, c. 326, § 36, emerg. eff. July 13, 1988; Laws
1990, c. 51, § 140, emerg. eff. April 9, 1990.
§70-3308. School of Dentistry - Creation - Courses of instruction -
Degrees - Rules and regulations - Tuition - Gifts and grants -
Location - Plan for initiation.
(a) The University of Oklahoma School of Dentistry is hereby
created for instruction in Dentistry. The Board of Regents of the
University of Oklahoma and the Oklahoma State Regents for Higher
*+,-11'121#+,, .;$
Education are hereby authorized and directed to establish and
maintain the School of Dentistry and to provide for courses of
instruction in Dentistry as will provide a thorough knowledge of
Dentistry, and all subjects pertaining thereto, and that will meet
the requirements of the Council on Dental Education, the American
Association of Dental Schools and other such educational associations
of like standard concerned with Dentistry.
(b) The Oklahoma State Regents for Higher Education, through the
Board of Regents of the University of Oklahoma, shall have authority
to confer degrees and issue diplomas, and fix a standard of grades
for all students attending the School of Dentistry. The School of
Dentistry shall have regular courses leading to degrees, and such
other special courses as approved by the Oklahoma State Regents for
Higher Education.
(c) The Oklahoma State Regents for Higher Education shall fix the
amount of tuition to be charged students in said School of Dentistry.
(d) The Board of Regents of the University of Oklahoma is hereby
authorized to accept, in connection with said School of Dentistry,
private or governmental grants or gifts of property, equipment or
money for the use of said College.
(e) It is the purpose and intent of the Legislature that the
University of Oklahoma School of Dentistry, herein created, shall be
an integral part of the University of Oklahoma and of the Oklahoma
State System of Higher Education. It is further the purpose and
intent of the Legislature that the University of Oklahoma Dental
College shall be located upon the Oklahoma City campus of the
University of Oklahoma Medical Center.
Laws 1965, c. 396, § 308.
§70-3309.1. Oklahoma Museum of Natural History.
A. The J. Willis Stovall Museum of the University of Oklahoma
located in Norman, Oklahoma, shall be redesignated the "Oklahoma
Museum of Natural History" and shall be under the direction and
supervision of the Board of Regents of the University of Oklahoma.
B. The Oklahoma Museum of Natural History shall be administered
by a Director who shall be appointed by the Board of Regents of the
University of Oklahoma. The Director may also hold an appointment in
an appropriate academic department of the University. The Director
has the power and duty to:
1. employ, appoint and fix the qualifications and duties of such
professional, technical and support personnel as shall be necessary
to implement the provisions of this act; 2. participate in national
and international research projects, professional activities, and
programs to broaden the horizons of Oklahomans by documenting their
cultural and natural heritage within its worldwide context;
3. encourage the preservation and development of natural
resources and human cultural heritage;
*+,-11'121#+,, .;$
4. act in cooperation with local, state and federal agencies or
duly authorized agents thereof in implementing the purposes of this
act; and
5. exercise all incidental powers which are necessary and proper
to carry out the purposes of this act.
C. The purposes of the Oklahoma Museum of Natural History shall
be to conduct scientific investigations to preserve and develop a
greater understanding and appreciation of natural resources and human
cultural heritage. This includes, but is not limited to, biological,
ecological, paleontological and selected geological surveys,
including indepth archaeological research, and ethnological analyses.
The museum shall collect and maintain a depository of biological,
archaeological, paleontological and selected geological specimens and
materials in sufficient numbers and quantities to provide within the
state and region a base for research on:
1. the variety, evolution, and conservation of wild species;
2. the composition, distribution, importance, and functioning of
natural ecosystems; and
3. the distribution of prehistoric and historic archaeological
sites.
D. Each institution, department, survey and agency in this state
may preserve and maintain biological, archaeological, paleontological
or selected geological specimens collected as part of the normal
research and monitoring duties of such institution, department,
survey and agency. Each institution may elect to transfer specimens
and collections in its possession that it no longer wishes to
maintain or preserve, thus providing an instate repository for state
collections that are no longer wanted by a state institution.
E. The Oklahoma Museum of Natural History is empowered to
accept, preserve, maintain, or dispose of these specimens and
materials in a manner which makes each collection and its
accompanying data available for research and use by the staff of the
museum and by cooperating institutions, departments, surveys,
agencies, and qualified independent researchers.
F. All such biological, archaeological, paleontological and
selected geological collections shall belong to the state with title
vested in the Board of Regents of the University of Oklahoma.
G. The collections of the Oklahoma Museum of Natural History
shall not only reflect the biological, cultural, paleontological and
selected geological history of the state but may also include
artifacts and specimens from throughout the world.
H. In collecting or otherwise acquiring these collections, the
museum shall comply with state laws and rules and except as otherwise
provided by law, all federal laws and rules concerning wildlife,
archaeology and agriculture. Any permits issued by other state
institutions, departments, surveys, and agencies for collecting, and
quarantine, of such wildlife and agriculture and collecting such
*+,-11'121#+,, .;$$
archaeology shall be granted for said museum for research, study or
collecting efforts on state lands or within state jurisdiction if
such collecting or quarantine does not pose a significant threat to
the survival of endangered wild species, habitats, or ecosystems.
I. The museum shall develop exhibitions and conduct educational
programs which illustrate, interpret, and explain the natural history
of the state and region and bring a greater understanding of our
world to the people of Oklahoma. The museum shall disseminate
information of such programs through technical and popular
publications whose production shall be under the control and
jurisdiction of the Director. The museum shall also maintain a
library of publications pertaining to the work of the museum.
J. The Oklahoma Museum of Natural History shall be housed in
buildings offering appropriate shelter to the artifacts and specimens
comprising such collections, while also offering appropriate and
adequate space for exhibition, collection, storage, research,
preparation, education and teaching activities.
K. The Oklahoma Museum of Natural History shall maintain a full-
time professional and support staff to ensure the continued
maintenance and study of the collections preserved in trust for the
people of Oklahoma.
Added by Laws 1987, c. 131, § 1, eff. July 1, 1987.
§70-3310. Oklahoma Geological Survey.
(a) The Geological Survey of the State of Oklahoma located at
Norman, Oklahoma, shall be under the direction and supervision of the
Board of Regents of the University of Oklahoma and shall be known as
the Oklahoma Geological Survey.
(b) The said Oklahoma Geological Survey shall have for its object
and duties the following:
(1) A study of the geological formations of the state with
special reference to its mineral deposits, including coal, oil, gas,
asphalt, gypsum, salt, cement, stone, clay, lead, zinc, iron, sand,
road building material, water resources and all other mineral
resources.
(2) The preparation and publication of bulletins and reports,
accompanied with necessary illustrations and maps, including both
general and detailed descriptions of the geological structure and
mineral resources of the state.
(3) The consideration of such other scientific and economic
questions as, in the judgment of the survey shall be deemed of value
to the people.
(4) Act as the Oklahoma Board on Geographic Names and make
recommendations to the United States Board on Geographic Names.
(c) The Director shall present to the Board a biennial report,
ready for printing, showing the progress and condition of said survey
together with such other information as the Board may deem necessary.
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(d) In order to carry out the provisions of this section it shall
be lawful for all persons employed by the survey to enter and cross
all lands within the State: Provided, that in so doing no damage
shall be done to private property.
Laws 1965, c. 396, § 310.
§70-3311. Council on Law Enforcement Education and Training.
A. There is hereby created a Council on Law Enforcement
Education and Training which shall be, and is hereby declared to be,
a governmental law enforcement agency of the State of Oklahoma, body
politic and corporate, with powers of government and with the
authority to exercise the rights, privileges and functions necessary
to ensure the professional training and continuing education of law
enforcement officers in the State of Oklahoma. These rights,
privileges and functions include, but are not limited to, those
specified in Sections 3311 through 3311.15 of this title and in the
Oklahoma Security Guard and Private Investigator Act and the Oklahoma
Bail Enforcement and Licensing Act. The Council shall be authorized
to require agency employees and the employees of agency contractors
in positions to have access to Oklahoma Peace Officer records,
Oklahoma Security Guard and Private Investigator records, Oklahoma
Bail Enforcement and Licensing Act records, to be subject to a
criminal history search by the Oklahoma State Bureau of
Investigation, as well as be fingerprinted for submission of the
fingerprints through the Oklahoma State Bureau of Investigation to
the Federal Bureau of Investigation for a national criminal history
check. The Council shall be the recipient of the results of the
record check. In accordance with Section 150.9 of Title 74 of the
Oklahoma Statutes, this includes a national criminal record with a
finger print analysis. The Council shall be composed of thirteen
(13) members as follows:
1. The Commissioner of the Department of Public Safety, or
designee;
2. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, or designee;
3. The Director of the Oklahoma State Bureau of Investigation,
or designee;
4. One member appointed by the Governor who shall be a law
enforcement administrator representing a tribal law enforcement
agency;
5. One member appointed by the Governor who shall be a chief of
police of a municipality with a population over one hundred thousand
(100,000), as determined by the latest Federal Decennial Census;
6. One member appointed by the Board of Directors of the
Oklahoma Sheriffs' Association who shall be a sheriff of a county
with a population under twenty-five thousand (25,000), as determined
by the latest Federal Decennial Census;
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7. One member appointed by the Oklahoma Association of Police
Chiefs who shall be a chief of police representing a municipality
with a population over ten thousand (10,000), as determined by the
latest Federal Decennial Census;
8. One member shall be appointed by the Board of Directors of
the Oklahoma Sheriffs' Association who shall be a sheriff of a county
with a population of twenty-five thousand (25,000) or more, as
determined by the latest Federal Decennial Census;
9. One member appointed by the Board of Directors of the
Fraternal Order of Police who shall have experience as a training
officer;
10. One member appointed by the Chancellor of Higher Education
who shall be a representative of East Central University;
11. One member appointed by the Board of Directors of the
Oklahoma Sheriffs and Peace Officers Association who shall be a full-
time law enforcement officer in good standing with CLEET within a
county with a population under fifty thousand (50,000);
12. The President Pro Tempore of the Senate shall appoint one
member from a list of three or more nominees submitted by a statewide
organization representing cities and towns that is exempt from
taxation under federal law and designated pursuant to the provisions
of the Internal Revenue Code, 26 U.S.C., Section 170(a); and
13. The Speaker of the House of Representatives shall appoint
one member from a list of three or more nominees submitted by an
organization that assists in the establishment of accreditation
standards and training programs for law enforcement agencies
throughout the State of Oklahoma.
The Executive Director selected by the Council shall be an ex
officio member of the Council and shall act as Secretary. The
Council on Law Enforcement Education and Training shall select a
chair and vice-chair from among its members. Members of the Council
on Law Enforcement Education and Training shall not receive a salary
for duties performed as members of the Council, but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of Council duties pursuant to the provisions of the State
Travel Reimbursement Act.
B. The Council on Law Enforcement Education and Training is
hereby authorized and directed to:
1. Appoint a larger Advisory Council to discuss problems and
hear recommendations concerning necessary research, minimum
standards, educational needs, and other matters imperative to
upgrading Oklahoma law enforcement to professional status;
2. Promulgate rules with respect to such matters as
certification, revocation, suspension, withdrawal and reinstatement
of certification, minimum courses of study, testing and test scores,
attendance requirements, equipment and facilities, minimum
qualifications for instructors, minimum standards for basic and
*+,-11'121#+,, .;$)
advanced in-service courses, and seminars for Oklahoma police and
peace officers;
3. Authorize research, basic and advanced courses, and seminars
to assist in program planning directly and through subcommittees;
4. Authorize additional staff and services necessary for program
expansion;
5. Recommend legislation necessary to upgrade Oklahoma law
enforcement to professional status;
6. Establish policies and regulations concerning the number,
geographic and police unit distribution, and admission requirements
of those receiving tuition or scholarship aid available through the
Council. Such waiver of costs shall be limited to duly appointed
members of legally constituted local, county, and state law
enforcement agencies on the basis of educational and financial need;
7. Appoint an Executive Director and an Assistant Director to
direct the staff, inform the Council of compliance with the
provisions of this section and perform such other duties imposed on
the Council by law. An Executive Director appointed by the Council
must qualify for the position with a bachelor or higher degree in law
enforcement from an accredited college or university, or a bachelor
or higher degree in a law-enforcement-related subject area, and a
minimum of five (5) years of active law enforcement experience
including, but not limited to, responsibility for enforcement,
investigation, administration, training, or curriculum
implementation.
The Executive Director of the Council on Law Enforcement
Education and Training may commission CLEET staff as peace officers
for purposes consistent with the duties of CLEET as set out in state
law. The powers and duties conferred on the Executive Director or
any staff member appointed by the Executive Director as a peace
officer shall not limit the powers and duties of other peace officers
of this state or any political subdivision thereof. The Executive
Director or any staff member appointed by the Executive Director as a
peace officer may, upon request, assist any federal, state, county or
municipal law enforcement agency;
8. Enter into contracts and agreements for the payment of
classroom space, food, and lodging expenses as may be necessary for
law enforcement officers attending any official course of instruction
approved or conducted by the Council. Such expenses may be paid
directly to the contracting agency or business establishment. The
food and lodging expenses for each law enforcement officer shall not
exceed the authorized rates as provided for in the State Travel
Reimbursement Act; provided, however, the Council may provide food
and lodging to law enforcement officials attending any official
course of instruction approved or conducted by the Council rather
than paying for the provision of such food and lodging by an outside
contracting agency or business establishment;
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9. a. Certify canine teams, consisting of a dog and a handler
working together as a team, trained to detect:
(1) controlled dangerous substances, or
(2) explosives, explosive materials, explosive
devices, or materials which could be used to
construct an explosive device;
provided, the dog of a certified canine team shall not
be certified at any time as both a drug dog and a bomb
dog, and any dog of a certified canine team who has
been previously certified as either a drug dog or a
bomb dog shall not be eligible at any time to be
certified in the other category.
b. Upon retiring the dog from the service it was certified
to perform, the law enforcement department that handled
the dog shall retain possession of the dog. The
handler shall have first option of adopting the dog.
If that option is not exercised, the law enforcement
department shall provide for its adoption. Once
adopted the dog shall not be placed back into active
service;
10. Enter into a lease, loan or other agreement with the
Oklahoma Development Finance Authority or a local public trust for
the purpose of facilitating the financing of a new facility for its
operations and use and pledge, to the extent authorized by law, all
or a portion of its receipts of the assessment penalty herein
referenced for the payment of its obligations under such lease, loan
or other agreement. It is the intent of the Legislature to increase
the assessment penalty to such a level or appropriate sufficient
monies to the Council on Law Enforcement Education and Training to
make payments on the lease, loan or other agreement for the purpose
of retiring the bonds to be issued by the Oklahoma Development
Finance Authority or local public trust. Such lease, loan or other
agreement and the bonds issued to finance such facilities shall not
constitute an indebtedness of the State of Oklahoma or be backed by
the full faith and credit of the State of Oklahoma, and the lease,
loan or other agreement and the bonds shall contain a statement to
such effect;
11. Accept gifts, bequests, devises, contributions and grants,
public or private, of real or personal property;
12. Appoint an advisory committee composed of representatives
from security guard and private investigative agencies to advise the
Council concerning necessary research, minimum standards for
licensure, education, and other matters related to licensure of
security guards, security guard agencies, private investigators, and
private investigative agencies;
13. Enter into agreements with individuals, educational
institutions, agencies, and business and tribal entities for
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professional services, the use of facilities and supplies, and staff
overtime costs incurred as a result of the user's requests to
schedule functions after-hours, on weekends, or anytime such requests
extend staff beyond its normal capacity, whereby contracting
individuals, educational institutions, agencies, and business and
tribal entities shall pay a fee to be determined by the Council by
rule. All fees collected pursuant to facilities usage shall be
deposited to the credit of the C.L.E.E.T. Training Center Revolving
Fund created pursuant to Section 3311.6 of this title. All other
fees collected pursuant to these agreements shall be deposited to the
credit of the Peace Officer Revolving Fund created pursuant to
Section 3311.7 of this title. The Council is authorized to
promulgate emergency rules to effectuate the provisions of this
paragraph;
14. Promulgate rules to establish a state firearms
requalification standard for active peace officers and meet any
requirements imposed on the Council by the federal Law Enforcement
Officers Safety Act of 2004;
15. Set minimal criteria relating to qualifications for chief of
police administrative training pursuant to Section 34-102 of Title 11
of the Oklahoma Statutes, assist in developing a course of training
for a Police Chief Administrative School, and approve all police
chief administrative training offered in this state;
16. Appoint a Curriculum Review Board to be composed of six (6)
members as follows:
a. one member shall be selected by the Chancellor for
Higher Education, who possesses a background of
creation and review of curriculum and experience
teaching criminal justice or law enforcement courses,
who shall serve an initial term of one (1) year,
b. one member shall represent a municipal jurisdiction
with a population of fifty thousand (50,000) or more
and who shall be a management-level CLEET-certified
training officer, who shall serve an initial term of
two (2) years,
c. one member shall represent a county jurisdiction with a
population of fifty thousand (50,000) or more and who
shall be a management-level CLEET-certified training
officer, who shall serve an initial term of three (3)
years,
d. one member shall represent a municipal jurisdiction
with a population of less than fifty thousand (50,000)
and who shall be a CLEET-certified training officer,
who shall serve an initial term of two (2) years,
e. one member shall represent a county jurisdiction with a
population of less than fifty thousand (50,000) and who
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shall be a CLEET-certified training officer, who shall
serve an initial term of one (1) year, and
f. one member selected by the Oklahoma Department of
Career and Technology Education from the Curriculum
Material and Instructional Material Center, who shall
serve an initial term of three (3) years.
After the initial terms of office, all members shall be appointed
to serve three-year terms. Any member may be reappointed to serve
consecutive terms. Members shall serve without compensation, but may
be reimbursed for travel expenses pursuant to the State Travel
Reimbursement Act. The Board shall review and establish curriculum
for all CLEET academies and training courses pursuant to procedures
established by the Council on Law Enforcement Education and Training;
17. Conduct review and verification of any records relating to
the statutory duties of CLEET;
18. Receive requested reports including investigative reports,
court documents, statements, or other applicable information from
local, county and state agencies and other agencies for use in
actions where a certification or license issued by CLEET may be
subject to disciplinary or other actions provided by law;
19. Summarily suspend a certification of a peace officer,
without prior notice but otherwise subject to administrative
proceedings, if CLEET finds that the actions of the certified peace
officer may present a danger to the peace officer, the public, a
family or household member, or involve a crime against a minor. A
certified copy of the information or indictment charging such a crime
shall be considered clear and convincing evidence of the charge; and
20. Approve law enforcement agencies and police departments in
accordance with the following:
a. this section applies only to an entity authorized by
statute or by the Constitution to create a law
enforcement agency or police department and commission,
appoint, or employ officers that first creates or
reactivates an inactive law enforcement agency or
police department and first begins to commission,
appoint, or employ officers on or after November 1,
2011,
b. the entity shall submit to CLEET, a minimum of sixty
(60) days prior to creation of the law enforcement
agency or police department, information regarding:
(1) the need for the law enforcement agency or police
department in the community,
(2) the funding sources for the law enforcement agency
or police department, and proof that no more than
fifty percent (50%) of the funding of the entity
will be derived from ticket revenue or fines,
(3) the physical resources available to officers,
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(4) the physical facilities that the law enforcement
agency or police department will operate,
including descriptions of the evidence room,
dispatch area, restroom facilities, and public
area,
(5) law enforcement policies of the law enforcement
agency or police department, including published
policies on:
(a) use of force,
(b) vehicle pursuit,
(c) mental health,
(d) professional conduct of officers,
(e) domestic abuse,
(f) response to missing persons,
(g) supervision of part-time officers, and
(h) impartial policing,
(6) the administrative structure of the law
enforcement agency or police department,
(7) liability insurance, and
(8) any other information CLEET requires by rule,
c. within sixty (60) days of receiving an entity's
request, CLEET will forward to the entity by certified
mail, return receipt requested, a letter of
authorization or denial to create a law enforcement
agency or police department and commission, appoint, or
employ officers, signed by the Executive Director of
CLEET, and
d. in cases of denial, the entity may appeal the decision
of the Executive Director to the full CLEET Council.
The Executive Director shall ensure that the final
report is provided to all members of the Council. The
Council shall review and make recommendations
concerning the report at the first meeting of the
Council to occur after all members of the Council have
received the report. The Council may, by majority
vote:
(1) order additional information be provided,
(2) order confirmation of the opinion of the Executive
Director, or
(3) order authorization of the entity.
C. 1. Payment of any fee provided for in this section may be
made by a nationally recognized credit or debit card issued to the
applicant. The Council may publicly post and collect a fee for the
acceptance of the nationally recognized credit or debit card not to
exceed five percent (5%) of the amount of the payment. For purposes
of this subsection, "nationally recognized credit card" means any
instrument or device, whether known as a credit card, credit plate,
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charge plate, or by any other name, issued with or without fee by an
issuer for the use of the cardholder in obtaining goods, services, or
anything else of value and which is accepted by over one thousand
merchants in this state. "Debit card" means an identification card
or device issued to a person by a business organization which permits
such person to obtain access to or activate a consumer banking
electronic facility. The Council shall determine which nationally
recognized credit or debit cards will be accepted as payment for
fees.
2. Payment for any fee provided for in this title may be made by
a business check. The Council may:
a. add an amount equal to the amount of the service charge
incurred, not to exceed three percent (3%) of the
amount of the check as a service charge for the
acceptance and verification of the check, or
b. add an amount of no more than Five Dollars ($5.00) as a
service charge for the acceptance and verification of a
check. For purposes of this subsection, "business
check" shall not mean a money order, cashier's check,
or bank certified check.
D. Failure of the Legislature to appropriate necessary funds to
provide for expenses and operations of the Council on Law Enforcement
Education and Training shall not invalidate other provisions of this
section relating to the creation and duties of the Council.
E. 1. No person shall be eligible for employment as a peace
officer or reserve peace officer until the employing law enforcement
agency has conducted a background investigation of such person
consisting of the following:
a. a fingerprint search submitted to the Oklahoma State
Bureau of Investigation with a return report to the
submitting agency that such person has no felony
record,
b. a fingerprint search submitted to the Federal Bureau of
Investigation with a return report to the submitting
agency that such person has no felony record,
c. such person has undergone psychological evaluation by a
psychologist licensed by the State of Oklahoma and has
been evaluated to be suitable to serve as a peace
officer in the State of Oklahoma,
d. the employing agency has verified that such person has
a high school diploma or a GED equivalency certificate
as recognized by state law,
e. such person is not participating in a deferred sentence
agreement for a felony, a crime involving moral
turpitude or a crime of domestic violence, and does not
have any criminal charges pending in any court in this
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state, another state, in tribal court or pursuant to
the United States Code,
f. such person is not currently subject to an order of the
Council revoking, suspending, or accepting a voluntary
surrender of peace officer certification,
g. such person is not currently undergoing treatment for a
mental illness, condition or disorder. For purposes of
this subsection, "currently undergoing treatment for
mental illness, condition or disorder" means the person
has been diagnosed by a licensed physician,
psychologist, or licensed mental health professional as
being afflicted with a substantial disorder of thought,
mood, perception, psychological orientation or memory
that significantly impairs judgment, behavior, capacity
to recognize reality, or ability to meet the ordinary
demands of life and such condition continues to exist,
h. such person is twenty-one (21) years of age. Provided,
this requirement shall not affect those persons who are
already employed as a police or peace officer prior to
November 1, 1985, and
i. such person has provided proof of United States
citizenship or resident alien status, pursuant to an
employment eligibility verification form from the
United States Citizenship and Immigration Services.
2. To aid the evaluating psychologist in interpreting the test
results, including automated scoring and interpretations, the
employing agency shall provide the psychologist a statement
confirming the identity of the individual taking the test as the
person who is employed or seeking employment as a peace officer of
the agency and attesting that it administered the psychological
instrument in accordance with standards within the test document.
The psychologist shall report to the employing agency the evaluation
of the assessment instrument and may include any additional
recommendations to assist the employing agency in determining whether
to certify to the Council on Law Enforcement Education and Training
that the person being evaluated is suitable to serve as a peace
officer in the State of Oklahoma. No additional procedures or
requirements shall be imposed for performance of the psychological
evaluation. The psychological instrument utilized shall be evaluated
by a psychologist licensed by the State of Oklahoma, and the
employing agency shall certify to the Council that the evaluation was
conducted in accordance with this provision and that the employee or
applicant is suitable to serve as a peace officer in the State of
Oklahoma.
a. Any person found not to be suitable for employment or
certification by the Council shall not be employed,
retained in employment as a peace officer, or certified
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by the Council for at least one (1) year, at which time
the employee or applicant may be reevaluated by a
psychologist licensed by the State of Oklahoma. This
section shall also be applicable to all reserve peace
officers in the State of Oklahoma.
b. Any person who is certified by CLEET and has undergone
the psychological evaluation required by this
subparagraph and has been found to be suitable as a
peace officer shall not be required to be reevaluated
for any subsequent employment as a peace officer
following retirement or any break in service as a peace
officer, unless such break in service exceeds five (5)
years or the Council determines that a peace officer
may present a danger to himself or herself, the public,
or a family or household member.
c. All persons seeking certification shall have their
name, gender, date of birth, and address of such person
submitted to the Department of Mental Health and
Substance Abuse Services by the Council. The
Department of Mental Health and Substance Abuse
Services shall respond to the Council within ten (10)
days whether the computerized records of the Department
indicate the applicant has ever been involuntarily
committed to an Oklahoma state mental institution. In
the event that the Department of Mental Health and
Substance Abuse Services reports to the Council that
the applicant has been involuntarily committed, the
Council shall immediately inform the employing agency.
All basic police courses shall include a minimum of four (4)
hours of education and training in recognizing and managing a person
appearing to require mental health treatment or services. The
training shall include training in crime and drug prevention, crisis
intervention, youth and family intervention techniques, recognizing,
investigating and preventing abuse and exploitation of elderly
persons, mental health issues, and criminal jurisdiction on Sovereign
Indian Land.
Subject to the availability of funding, for full-time salaried
police or peace officers a basic police course academy shall consist
of a minimum of six hundred (600) hours.
For reserve deputies a basic reserve academy shall consist of a
minimum of two hundred forty (240) hours.
3. Beginning January 1, 2018, any reserve peace officer who has
completed the two-hundred-forty-hour reserve peace officer
certification program and who has been in active service in that
capacity for the past six (6) months shall be eligible to attend a
three-hundred-sixty-hour basic full-time training academy to become
certified as a full-time peace or police officer.
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4. Every person who has not been certified as a police or peace
officer and is duly appointed or elected as a police or peace officer
shall hold such position on a temporary basis only, and shall, within
six (6) months from the date of appointment or taking office, qualify
as required in this subsection or forfeit such position. In
computing the time for qualification, all service shall be cumulative
from date of first appointment or taking office as a police or peace
officer with any department in this state.
a. The Council may extend the time requirement specified
in this paragraph for good cause as determined by the
Council.
b. A duty is hereby imposed upon the employing agency to
withhold payment of the compensation or wage of such
unqualified officer.
c. If the police or peace officer fails to forfeit the
position or the employing agency fails to require the
officer to forfeit the position, the district attorney
shall file the proper action to cause the forfeiting of
such position. The district court of the county where
the officer is employed shall have jurisdiction to hear
the case.
5. The Council may certify officers who have completed a course
of study in another state deemed by the Council to meet standards for
Oklahoma peace officers providing the officer's certification in the
other state has not been revoked or voluntarily surrendered and is
not currently under suspension.
6. For purposes of this section, a police or peace officer is
defined as a full-time duly appointed or elected officer who is paid
for working more than twenty-five (25) hours per week and whose
duties are to preserve the public peace, protect life and property,
prevent crime, serve warrants, transport prisoners, and enforce laws
and ordinances of this state, or any political subdivision thereof;
provided, elected sheriffs and their deputies and elected, appointed,
or acting chiefs of police shall meet the requirements of this
subsection within the first six (6) months after assuming the duties
of the office to which they are elected or appointed or for which
they are an acting chief; provided further, that this section shall
not apply to persons designated by the Director of the Department of
Corrections as peace officers pursuant to Section 510 of Title 57 of
the Oklahoma Statutes.
F. No person shall be certified as a police or peace officer by
the Council or be employed by the state, a county, a city, or any
political subdivision thereof, who is currently subject to an order
of the Council revoking, suspending, or accepting a voluntary
surrender of peace officer certification or who has been convicted of
a felony, a crime involving moral turpitude, or a crime of domestic
violence, unless a full pardon has been granted by the proper agency;
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however, any person who has been trained and certified by the Council
on Law Enforcement Education and Training and is actively employed as
a full-time peace officer as of November 1, 1985, shall not be
subject to the provisions of this subsection for convictions
occurring prior to November 1, 1985.
G. 1. The Council is hereby authorized to provide to any
employing agency the following information regarding a person who is
or has applied for employment as a police or peace officer of such
employing agency:
a. Oklahoma State Bureau of Investigation and Federal
Bureau of Investigation reports,
b. administration of the psychological tests provided for
herein,
c. performance in the course of study or other basis of
certification,
d. previous certifications issued, and
e. any administrative or judicial determination denying
certification.
2. An employing agency shall not be liable in any action arising
out of the release of contents of personnel information relevant to
the qualifications or ability of a person to perform the duties of a
police or peace officer when such information is released pursuant to
written authorization for release of information signed by such
person and is provided to another employing agency which has employed
or has received an application for employment from such person.
3. As used in this subsection, "employing agency" means a
political subdivision or law enforcement agency which either has
employed or received an employment application from a person who, if
employed, would be subject to this section.
H. 1. A law enforcement agency employing police or peace
officers in this state shall report the hiring, resignation, or
termination for any reason of a police or peace officer to the
Council within ten (10) days. Failure to comply with the provisions
of this subsection may disqualify a law enforcement agency from
participating in training programs sponsored by the Council. Every
law enforcement agency employing police or peace officers in this
state shall submit to CLEET on or before October 1 of each calendar
year a complete list of all commissioned employees with a current
mailing address and phone number for each such employee. In addition
to the above, CLEET may impose an administrative fine for violations
of this section.
2. A tribal law enforcement agency that has peace officers
commissioned by an Oklahoma law enforcement agency pursuant to a
cross-deputization agreement with the State of Oklahoma or any
political subdivision of the State of Oklahoma pursuant to the
provisions of Section 1221 of Title 74 of the Oklahoma Statutes shall
report the commissioning, resignation, or termination of commission
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for any reason of a cross-deputized tribal police or peace officer to
CLEET within ten (10) days of the commissioning, resignation, or
termination. Failure to comply with the provisions of this
subsection may disqualify a tribal law enforcement agency from
participating in training programs sponsored by the Council.
I. It is unlawful for any person to willfully make any statement
in an application to CLEET knowing the statement is false or
intentionally commit fraud in any application to the Council for
attendance in any CLEET-conducted or CLEET-approved peace officer
academy or Collegiate Officer Program or for the purpose of obtaining
peace officer certification or reinstatement. It is unlawful for any
person to willfully submit false or fraudulent documents relating to
continuing education rosters, transcripts or certificates, or any
canine license application. Any person convicted of a violation of
this subsection shall be guilty of a felony punishable by
imprisonment in the Department of Corrections for a term of not less
than two (2) years nor more than five (5) years, or by a fine not
exceeding Two Thousand Dollars ($2,000.00), or by both such fine and
imprisonment. In addition to the above, CLEET may impose an
administrative fine.
J. 1. A police or peace officer shall be subject to
disciplinary action to include a denial, suspension, revocation or
acceptance of voluntary surrender of peace officer certification upon
a showing of clear and convincing evidence for the following:
a. conviction of a felony or a crime of domestic violence,
b. conviction of a misdemeanor involving moral turpitude;
provided, if the conviction is a single isolated
incident that occurred more than five (5) years ago and
the Council is satisfied that the person has been
sufficiently rehabilitated, the Council may, in its
discretion, certify such person providing that all
other statutory requirements have been met,
c. a verdict of guilt or entry of a plea of guilty or nolo
contendere or an "Alford" plea or any plea other than a
not guilty plea for a felony offense, a crime of moral
turpitude, or a crime of domestic violence,
d. falsification or a willful misrepresentation of
information in an employment application or application
to the Council on Law Enforcement Education and
Training, records of evidence, or in testimony under
oath,
e. revocation or voluntary surrender of police or peace
officer certification in another state for a violation
of any law or rule or in settlement of any disciplinary
action in such state,
f. involuntary commitment of a reserve or peace officer in
a mental institution or licensed private mental health
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facility for any mental illness, condition or disorder
that is diagnosed by a licensed physician, psychologist
or a licensed mental health professional as a
substantial disorder of thought, mood, perception,
psychological orientation, or memory that significantly
impairs judgment, behavior, capacity to recognize
reality, or ability to meet the ordinary demands of
life. Provided, the peace officer certification may be
reinstated upon the Council receiving notification of a
psychological evaluation conducted by a licensed
physician, psychologist or licensed mental health
professional which attests and states by affidavit that
the officer and the evaluation test data of the officer
have been examined and that, in the professional
opinion of the physician, psychologist or licensed
mental health professional, the officer is
psychologically suitable to return to duty as a peace
officer. Notwithstanding any other provision of state
law pertaining to confidentiality of hospital or other
medical records, and as allowable under federal law,
CLEET may subpoena or request a court to subpoena
records necessary to assure compliance with these
provisions. Any confidential information received by
CLEET for such purpose shall retain its confidential
character while in the possession of CLEET,
g. abuse of office,
h. entry of a final order of protection against applicant
or officer, or
i. any violation of the Oklahoma Private Security
Licensing Act.
2. Disciplinary proceedings shall be commenced by filing a
complaint with the Council on a form approved by the Council. Any
employing agency or other person having information may submit such
information to the Council for consideration as provided in this
subsection.
3. Upon the filing of the complaint, a preliminary investigation
shall be conducted to determine whether:
a. there is reason to believe the person has violated any
provision of this subsection or any other provision of
law or rule, or
b. there is reason to believe the person has been
convicted of a felony, a crime involving moral
turpitude or a domestic violence offense or is
currently participating in a deferred sentence for such
offenses.
4. When the investigation of a complaint does not find the
person has violated any of the provisions of this subsection, or
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finds that the person is sufficiently rehabilitated as provided in
subparagraph b or f of paragraph 1 of this subsection, no
disciplinary action shall be required and the person shall remain
certified as a police or peace officer. When the investigation of a
complaint finds that the person has violated any of the provisions of
this subsection, the matter shall be referred for disciplinary
proceedings. The disciplinary proceedings shall be in accordance
with Articles I and II of the Administrative Procedures Act.
5. The Council shall revoke the certification of any person upon
determining that such person has been convicted of a felony or a
crime involving moral turpitude or a domestic violence offense or has
entered a plea of guilty, or nolo contendere or an "Alford" plea or
any plea other than a not guilty plea for a felony offense, a crime
of moral turpitude or a crime of domestic violence or is the
respondent in a final Victims Protective Order; provided, that if the
conviction has been reversed, vacated or otherwise invalidated by an
appellate court, such conviction shall not be the basis for
revocation of certification; provided further, that any person who
has been trained and certified by the Council on Law Enforcement
Education and Training and is actively employed as a full-time peace
officer as of November 1, 1985, shall not be subject to the
provisions of this subsection for convictions occurring prior to
November 1, 1985. The sole issue to be determined at the hearing
shall be whether the person has been convicted of a felony, a crime
involving moral turpitude or a domestic violence offense or is the
named respondent/defendant in a final Victims Protective Order.
6. The Council shall revoke the certification of any person upon
determining that such person has received a deferred sentence for a
felony, a crime involving moral turpitude or a domestic violence
offense.
7. The Council may suspend the certification of any person upon
a determination that such person has been involuntarily committed to
a mental institution or mental health facility for a mental illness,
condition or disorder as provided in subparagraph f of paragraph 1 of
this subsection.
8. Every law enforcement agency in this state shall, within
thirty (30) days of a final order of termination or resignation while
under investigation of a CLEET-certified peace officer, report such
order or resignation in writing to the Executive Director of the
Council. Any report, upon receipt by the Council, shall be
considered as personnel records and shall be afforded confidential
protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
Oklahoma Statutes. Any medical or other confidential records
obtained by subpoena pursuant to this subsection shall not be made a
part of such report. The Executive Director shall ensure that the
report is provided to all members of the Council. The Council shall
review and make recommendations concerning the report at the first
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meeting of the Council to occur after all members of the Council have
received the report. The Council may, by a majority vote, order the
suspension, for a given period of time, or revocation of the CLEET
certification of the peace officer in question if there are grounds
for such actions pursuant to this section and the peace officer in
question has been provided with notice and an opportunity for a
hearing pursuant to the Administrative Procedures Act. Suspension or
revocation of CLEET certification pursuant to this paragraph shall be
reported to the district attorney for the jurisdiction in which the
peace officer was employed, to the liability insurance company of the
law enforcement agency that employed the peace officer, the chief
elected official of the governing body of the law enforcement agency
and the chief law enforcement officer of the law enforcement agency.
9. For all other violations of this subsection, the hearing
examiner shall take into consideration the severity of the violation,
any mitigating circumstances offered by the person subject to
disciplinary action, and any other evidence relevant to the person's
character to determine the appropriate disciplinary action.
10. a. A police or peace officer may voluntarily surrender and
relinquish the peace officer certification to CLEET.
Pursuant to such surrender or relinquishment, the
person surrendering the certification shall be
prohibited from applying to CLEET for reinstatement
within five (5) years of the date of the surrender or
relinquishment, unless otherwise provided by law for
reinstatement.
b. No person who has had a police or peace officer
certification from another state revoked or voluntarily
surrendered and has not been reinstated by that state
shall be considered for certification by CLEET.
c. Any person seeking reinstatement of police or peace
officer certification which has been suspended,
revoked, or voluntarily surrendered may apply for
reinstatement pursuant to promulgated CLEET rules
governing reinstatement. Except as provided in this
subsection, any person whose certification has been
revoked, suspended or voluntarily surrendered for any
reason, including failure to comply with mandatory
education and training requirements, shall pay a
reinstatement fee of One Hundred Fifty Dollars
($150.00) to be deposited to the credit of the Peace
Officer Revolving Fund created pursuant to Section
3311.7 of this title.
11. A duty is hereby imposed upon the district attorney who, on
behalf of the State of Oklahoma, prosecutes a person holding police
or peace officer or reserve peace officer certification for a felony,
a crime involving moral turpitude, or a crime of domestic violence in
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which a plea of guilty, nolo contendere, or an "Alford" plea or any
other plea other than a not guilty plea or other finding of guilt is
entered by, against or on behalf of a certified police or peace
officer to report such plea, agreement, or other finding of guilt to
the Council on Law Enforcement Education and Training within ten (10)
days of such plea agreement or the finding of guilt.
12. Any person or agency required or authorized to submit
information pursuant to this section to the Council shall be immune
from liability arising from the submission of the information as long
as the information was submitted in good faith and without malice.
13. Any peace officer employed by a law enforcement agency in
this state which has internal discipline policies and procedures on
file with CLEET shall be exempt from the disciplinary proceedings and
actions provided for in this subsection; provided, however, such
exemption shall not apply if the peace officer has been convicted of
a felony crime, a crime of moral turpitude, or a crime of domestic
violence.
14. All criminal proceedings initiated against a CLEET-certified
peace officer or reserve peace officer shall be reported by the
officer to CLEET immediately after arrest or discovery of the filing
of such criminal proceeding. All CLEET-certified peace officers and
reserve peace officers shall be required to report when a Victim
Protective Order has been issued against the officer, including
orders issued on an emergency basis and all final orders of
protection. Failure to give notice pursuant to the provisions of
this paragraph may be cause to initiate an action against the officer
by CLEET.
15. As used in this subsection:
a. "law enforcement agency" means any department or agency
of the state, a county, a municipality, or political
subdivision thereof, with the duties to maintain public
order, make arrests, and enforce the criminal laws of
this state or municipal ordinances, which employs
CLEET-certified personnel,
b. "final order of termination" means a final notice of
dismissal from employment provided after all grievance,
arbitration, and court actions have been completed, and
c. "resignation while under investigation" means the
resignation from employment of a peace officer who is
under investigation for any felony violation of law, a
crime of moral turpitude, a crime of domestic violence,
or the resignation from employment of a peace officer
as part of an arbitration or plea agreement.
K. 1. Every canine team in the state trained to detect
controlled dangerous substances shall be certified, by test, in the
detection of such controlled dangerous substances and shall be
recertified annually so long as the canine is used for such detection
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purposes. The certification test and annual recertification test
provisions of this subsection shall not be applicable to canines that
are owned by a law enforcement agency and that are certified and
annually recertified in the detection of controlled dangerous
substances by the United States Customs Service. No employee of
CLEET may be involved in the training or testing of a canine team.
2. The Council shall appoint a Drug Dog Advisory Council to make
recommendations concerning minimum standards, educational needs, and
other matters imperative to the certification of canines and canine
teams trained to detect controlled dangerous substances. The Council
shall promulgate rules based upon the recommendations of the Advisory
Council. Members of the Advisory Council shall include, but need not
be limited to, a commissioned officer with practical knowledge of
such canines and canine teams from each of the following:
a. the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control,
b. the Department of Public Safety,
c. a police department,
d. a sheriff's office, and
e. a university or college campus police department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) per canine team. A retest fee of Fifty
Dollars ($50.00) will be charged if the team fails the test. No such
fee shall be charged to any local, state or federal government
agency. The fees provided for in this paragraph shall be deposited
to the credit of the CLEET Fund created pursuant to Section 1313.2 of
Title 20 of the Oklahoma Statutes.
L. 1. Every canine team in the state trained to detect
explosives, explosive materials, explosive devices, and materials
which could be used to construct an explosive device shall be
certified, by test, in the detection of such explosives and materials
and shall be recertified annually so long as the canine is used for
such detection purposes. The certification test and annual
recertification test provisions of this subsection shall not be
applicable to canines that are owned by a law enforcement agency if
such canines are certified and annually recertified in the detection
of explosives and materials by the United States Department of
Defense. No employee of CLEET may be involved in the training or
testing of a canine team.
2. The Council shall appoint a Bomb Dog Advisory Council to make
recommendations concerning minimum standards, educational needs, and
other matters imperative to the certification of canines and canine
teams trained to detect explosives, explosive materials, explosive
devices and materials which could be used to construct an explosive
device. The Council shall promulgate rules based upon the
recommendations of the Advisory Council. Members of the Advisory
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Council shall include, but need not be limited to, a commissioned
officer with practical knowledge of such canines and canine teams
from each of the following:
a. the Department of Public Safety,
b. a police department,
c. a sheriff's office, and
d. a university or college campus police department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) per canine team. A retest fee of Fifty
Dollars ($50.00) will be charged if the team fails the test. No such
fee shall be charged to any local, state or federal government
agency. The fees provided for in this paragraph shall be deposited
to the credit of the CLEET Fund created pursuant to Section 1313.2 of
Title 20 of the Oklahoma Statutes.
M. All tribal police officers of any Indian tribe or nation who
have been commissioned by an Oklahoma law enforcement agency pursuant
to a cross-deputization agreement with the State of Oklahoma or any
political subdivision of the State of Oklahoma pursuant to the
provisions of Section 1221 of Title 74 of the Oklahoma Statutes shall
be eligible for peace officer certification under the same terms and
conditions required of members of the law enforcement agencies of the
State of Oklahoma and its political subdivisions. CLEET shall issue
peace officer certification to tribal police officers who, as of July
1, 2003, are commissioned by an Oklahoma law enforcement agency
pursuant to a cross-deputization agreement with the State of Oklahoma
or any political subdivision of the State of Oklahoma pursuant to the
provisions of Section 1221 of Title 74 of the Oklahoma Statutes and
have met the training and qualification requirements of this section.
N. If an employing law enforcement agency in this state has paid
for CLEET training and the salary of a person while that person is
completing in this state a basic police course approved by the
Council and if within one (1) year after initial employment with the
original employing agency that person resigns and is hired by another
law enforcement agency in this state, the second agency or the person
receiving the training shall reimburse the original employing agency
for the cost of CLEET training and salary paid to the person while
completing the basic police course by the original employing agency.
If the person leaves the original employing agency later than one (l)
year, but less than two (2) years, after the initial employment, the
second agency or the person receiving the training shall reimburse
the original employing agency fifty percent (50%) of the cost of
CLEET training and salary paid to the person while completing the
basic police course by the original employing agency. CLEET shall
not be a party to any court action based on this provision.
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O. The Council on Law Enforcement Education and Training, in its
discretion, may waive all or part of any moneys due to the Council,
if deemed uncollectable by the Council.
P. Peace officers, reserve peace officers, tribal peace
officers, agencies, bail enforcers, security guards and private
investigators shall maintain with the Council current mailing
addresses and shall notify the Council, in writing, of any change of
address or name. Notification of change of name shall require
certified copies of any marriage license or other court document
which reflects the change of name. Notice of change of address or
telephone number must be made within ten (10) days of the effected
change. Notices shall not be accepted over the phone. In any
proceeding in which the Council is required to serve notice or an
order on an individual or an agency, the Council may send a letter to
the mailing address on file with the Council. If the letter is
returned and a notation of the U.S. Postal Service indicates
"unclaimed", or "moved", or "refused" or any other nondelivery
markings and the records of the Council indicate that no change of
address as required by this subsection has been received by the
Council, the notice and any subsequent notices or orders shall be
deemed by the Court as having been legally served for all purposes.
Q. All CLEET records of Bail Enforcers may be released only in
compliance with this section and the Oklahoma Bail Enforcement and
Licensing Act. All records in CLEET possession concerning other
persons or entities shall be released only in compliance with this
section and the Oklahoma Open Records Act.
Added by Laws 1965, c. 396, § 311, eff. July 1, 1965. Amended by
Laws 1967, c. 6, § 1, emerg. eff. Feb. 15, 1967; Laws 1969, c. 327, §
1, emerg. eff. May 7, 1969; Laws 1971, c. 130, § 1, emerg. eff. May
8, 1971; Laws 1974, c. 304, § 1, emerg. eff. May 29, 1974; Laws 1976,
c. 73, § 1, eff. July 1, 1976; Laws 1977, c. 211, § 1, emerg. eff.
June 14, 1977; Laws 1980, c. 94, § 1, emerg. eff. April 10, 1980;
Laws 1980, c. 225, § 1; Laws 1981, c. 164, § 1, emerg. eff. May 13,
1981; Laws 1983, c. 333, § 26, emerg. eff. June 29, 1983; Laws 1984,
c. 273, § 1, eff. Nov. 1, 1984; Laws 1985, c. 156, § 1, eff. Nov. 1,
1985; Laws 1986, c. 314, § 18, operative July 1, 1986; Laws 1987, c.
64, § 1, eff. Nov. 1, 1987; Laws 1987, c. 138, § 13, operative Jan.
1, 1988; Laws 1989, c. 185, § 2, emerg. eff. May 8, 1989; Laws 1992,
c. 79, § 1, eff. Sept. 1, 1992; Laws 1992, c. 385, § 1, eff. Sept. 1,
1992; Laws 1993, c. 151, § 1, eff. July 1, 1993; Laws 1998, c. 230, §
1, eff. Nov. 1, 1998; Laws 1998, c. 329, § 1, eff. Nov. 1, 1998; Laws
1999, c. 1, § 29, emerg. eff. Feb. 24, 1999; Laws 2000, c. 369, § 1,
emerg. eff. June 6, 2000; Laws 2001, c. 5, § 49, emerg. eff. March
21, 2001; Laws 2001, c. 312, § 3, eff. Nov. 1, 2001; Laws 2002, c.
22, § 27, emerg. eff. March 8, 2002; Laws 2003, c. 3, § 84, emerg.
eff. March 19, 2003; Laws 2003, c. 168, § 7, eff. July 1, 2003; Laws
2004, c. 257, § 1, eff. Nov. 1, 2004; Laws 2004, c. 428, § 1, emerg.
*+,-11'121#+,, .;$!(
eff. June 4, 2004; Laws 2006, c. 225, § 1, eff. Nov. 1, 2006; Laws
2007, c. 1, § 74, emerg. eff. Feb. 22, 2007; Laws 2007, c. 14, § 1,
eff. Nov. 1, 2007; Laws 2007, c. 360, § 6, eff. Nov. 1, 2007; Laws
2008, c. 143, § 1, eff. Nov. 1, 2008; Laws 2009, c. 131, § 1, eff.
Nov. 1, 2009; Laws 2011, c. 12, § 1, eff. Nov. 1, 2011; Laws 2011, c.
111, § 1, eff. Nov. 1, 2011; Laws 2011, c. 233, § 1, eff. Nov. 1,
2011; Laws 2012, c. 11, § 28, emerg. eff. April 4, 2012; Laws 2012,
c. 84, § 1, eff. Nov. 1, 2012; Laws 2013, c. 112, § 1, eff. Nov. 1,
2013; Laws 2014, c. 295, § 1, eff. Nov. 1, 2014; Laws 2015, c. 83, §
1, eff. Nov. 1, 2015; Laws 2016, c. 210, § 43, emerg. eff. April 26,
2016; Laws 2016, c. 376, § 1, emerg. eff. June 6, 2016; Laws 2017, c.
27, § 1, eff. Nov. 1, 2017; Laws 2017, c. 217, § 1, eff. Nov. 1,
2017; Laws 2019, c. 42, § 1, eff. Nov. 1, 2019; Laws 2019, c. 245, §
1, eff. Nov. 1, 2019.
NOTE: Laws 1998, c. 76, § 1 repealed by Laws 1999, c. 1, § 45,
emerg. eff. Feb. 24, 1999. Laws 2000, c. 263, § 1 and Laws 2000, c.
316, § 2 repealed by Laws 2001, c. 5, § 50, emerg. eff. March 21,
2001. Laws 2001, c. 324, § 5 and Laws 2001, c. 350, § 1 repealed by
Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002. Laws 2002, c. 62,
§ 1 repealed by Laws 2003, c. 3, § 85, emerg. eff. March 19, 2003.
Laws 2004, c. 33, § 1 repealed by Laws 2004, c. 428, § 2, emerg. eff.
June 4, 2004. Laws 2004, c. 36, § 1 repealed by Laws 2004, c. 428, §
3, emerg. eff. June 4, 2004. Laws 2006, c. 26, § 1 repealed by Laws
2007, c. 1, § 75, emerg. eff. Feb. 22, 2007. Laws 2006, c. 33, § 2
repealed by Laws 2007, c. 1, § 76, emerg. eff. Feb. 22, 2007. Laws
2011, c. 10, § 1 repealed by Laws 2012, c. 11, § 29, emerg. eff.
April 4, 2012. Laws 2015, c. 281, § 1 repealed by Laws 2016, c. 210,
§ 44, emerg. eff. April 26, 2016.
§70-3311.1. Renumbered as § 215.28 of Title 19 by Laws 1977, c. 40,
§ 5, eff. July 1, 1977.
§70-3311.2. Power, duties and responsibilities under Polygraph
Examiners Act.
A. In addition to the other powers and duties imposed by law,
the Council on Law Enforcement Education and Training shall have the
powers, duties and responsibilities as are specified by the Polygraph
Examiners Act. In addition, the Council shall designate a
representative of the Council to attend any meeting held by the
Polygraph Examiners Board. It shall be the duty of the Council to
provide telephone and mailing services for the Polygraph Examiners
Board, and such secretarial duties and administrative functions as
are designated by the Polygraph Examiners Board which are necessary
to effectuate the Polygraph Examiners Act.
B. The Council on Law Enforcement Education and Training is
authorized to appoint and fix the duties and compensation pursuant to
*+,-11'121#+,, .;$!
law of the employees necessary to carry out the duties imposed upon
the Council by this section and the Polygraph Examiners Act.
Added by Laws 1985, c. 189, § 1, operative July 1, 1985. Amended by
Laws 1985, c. 264, § 4, emerg. eff. July 15, 1985.
§70-3311.3. Council on Law Enforcement Training - Petty cash fund.
There is hereby created a petty cash fund not to exceed One
Thousand Dollars ($1,000.00) for the Council on Law Enforcement
Education and Training to be used as a cash drawer change fund and
for the purchase of or reimbursement for expenditures of less than
One Hundred Dollars ($100.00) pursuant to the rules and procedures
established by the Director of the Office of Management and
Enterprise Services.
Added by Laws 1990, c. 258, § 24, operative July 1, 1990. Amended by
Laws 2012, c. 304, § 628.
§70-3311.4. Continuing law enforcement training - Inactive status
exemption - Failure to meet training requirements - Suspension of
certification.
A. Beginning January 1, 2008, and annually thereafter, every
active full-time peace officer, certified by the Council on Law
Enforcement Education and Training (CLEET) pursuant to Section 3311
of this title, shall attend and complete a minimum of twenty-five
(25) hours of continuing law enforcement training accredited or
provided by CLEET which shall include a mandatory two (2) hours on
mental health issues. Effective November 1, 2019, CLEET shall
establish appropriate training resources which shall include the
policies and protocols for responding to sexual assault calls,
guidelines for the collection and maintenance of sexual assault kits
and continuing education on trauma-informed sexual assault response
and intervention, and shall require all CLEET-certified law
enforcement officers to complete such training on a regular basis to
be determined by CLEET. CLEET shall promulgate rules to enforce the
provisions of this section and shall enter into contracts and
agreements for the payment of classroom space, training, food, and
lodging expenses as may be necessary for law enforcement officers
attending such training in accordance with subsection B of Section
3311 of this title. Such training and seminars shall be conducted in
all areas of this state at technology center schools, institutions of
higher education, or other approved sites.
B. Beginning January 1, 2017, and annually thereafter, every
active reserve peace officer, certified by CLEET pursuant to Section
3311 of this title, shall attend and complete a minimum of eight (8)
hours of continuing law enforcement training accredited or provided
by CLEET which shall include a mandatory one (1) hour on mental
health issues.
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C. Every inactive full-time or reserve peace officer, certified
by CLEET, shall be exempt from these requirements during the inactive
status. Upon reentry to full-time active status, the peace officer
shall be required to comply with subsection A of this section. If a
full-time certified peace officer has been inactive for five (5) or
more years, the officer must complete refresher training as
prescribed by CLEET and which shall include a minimum of four (4)
hours of mental health education and training, within one (1) year of
employment. Upon reentry to active reserve status, the peace officer
shall be required to comply with subsection B of this section. If a
certified reserve officer has been inactive for five (5) or more
years, the certified reserve officer shall complete a legal update as
prescribed by CLEET. The Director of CLEET may waive these
requirements based on review of all records of employment and
training.
D. Every tribal officer who is commissioned by an Oklahoma law
enforcement agency pursuant to a cross-deputization agreement with
the State of Oklahoma or any political subdivision of the State of
Oklahoma pursuant to the provisions of Section 1221 of Title 74 of
the Oklahoma Statutes shall comply with the provisions of this
section.
E. Any active full-time or reserve certified peace officer, or
CLEET-certified cross-deputized tribal officer who fails to meet the
annual training requirements specified in this section, shall be
subject to having the certification of the peace officer suspended,
after the peace officer and the employer have been given written
notice of noncompliance and a reasonable time, as defined by the
Council, to comply with the provisions of this section. A peace
officer shall not be employed in the capacity of a peace officer
during any period of suspension. The suspension period shall be for
a period of time until the officer files a statement attesting to
full compliance with the provisions of this section. Suspension of
peace officer certification shall be reported to the district
attorney for the jurisdiction in which the officer is employed, the
liability insurance company of the law enforcement agency that
employed the peace officer, the chief elected official of the
governing body of the law enforcement agency and the chief law
enforcement officer of the law enforcement agency. Any officer whose
certification is suspended pursuant to this section may request a
hearing with CLEET. Such hearings shall be governed by the
Administrative Procedures Act except that the affected officer has
the burden to show CLEET why CLEET should not have the certification
of the officer suspended.
F. All certified, active full-time or reserve peace officers
employed, commissioned or appointed for a period of ninety (90) days
in a calendar year, who become inactive prior to the end of a
calendar year, are responsible for meeting mandatory continuing
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education requirements as set forth in this section upon return to
active full-time or reserve peace officer status within sixty (60)
days of the date of return to employment, commission or appointment.
Failure to complete the mandatory continuing education within sixty
(60) days may result in disciplinary action as set forth in CLEET
Rules at OAC 390:2. Full-time or reserve certified peace officers
who return to active status within the calendar year they become
inactive must complete the annual mandatory continuing education
requirements outlined in this section within the remaining portion of
the calendar year.
G. Peace officers with full-time certification who worked during
a calendar year only as a reserve officer are required to complete
only the training requirements for reserve certification. For
purposes of the requirements outlined in subsection F of this
section, full-time peace officers who worked both in the capacity of
a full-time peace officer and reserve officer in a calendar year must
complete full-time continuing education requirements.
Added by Laws 1990, c. 292, § 1, eff. Sept. 1, 1990. Amended by Laws
1998, c. 230, § 2, eff. Nov. 1, 1998; Laws 2001, c. 33, § 149, eff.
July 1, 2001; Laws 2004, c. 36, § 2, emerg. eff. March 30, 2004; Laws
2007, c. 360, § 7, eff. Nov. 1, 2007; Laws 2008, c. 143, § 2, eff.
Nov. 1, 2008; Laws 2012, c. 85, § 1, eff. Nov. 1, 2012; Laws 2013, c.
315, § 1, eff. Nov. 1, 2013; Laws 2016, c. 376, § 2, emerg. eff. June
6, 2016; Laws 2017, c. 37, § 1, eff. Nov. 1, 2017; Laws 2019, c. 245,
§ 2, eff. Nov. 1, 2019; Laws 2019, c. 339, § 1, eff. Nov. 1, 2019.
§OS 70-3311.5. See the following versions:
OS 70-3311.5v1 (SB 658, Laws 2019, c. 334, § 1).
OS 70-3311.5v2 (SB 971, Laws 2019, c. 339, § 2).
§70-3311.5v1. Law enforcement certification - Required curriculum -
Materials update - Out-of-state training - Municipality and county
academics.
A. On and after November 1, 2007, the Council on Law Enforcement
Education and Training (CLEET), pursuant to its authority granted by
Section 3311 of this title, shall include in its required basic
training courses for law enforcement certification a minimum of four
(4) hours of education and training relating to recognizing and
managing a person appearing to require mental health treatment or
services. The Council shall further offer a minimum of four (4)
hours of education and training on specific mental health issues
pursuant to Section 3311.4 of this title to meet the annual
requirement for continuing education in the areas of mental health
issues.
B. By January 1, 2008, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall include in its
required courses of study for law enforcement certification a minimum
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of six (6) hours of evidence-based sexual assault and sexual violence
training. A portion of the sexual assault and sexual violence
training shall include instruction presented by a certified sexual
assault service provider.
C. By January 1, 2012, every active full-time peace officer,
previously certified by CLEET pursuant to Section 3311 of this title,
shall be required to attend and complete the evidence-based sexual
assault and sexual violence training provided in subsection B of this
section.
D. CLEET shall promulgate rules to enforce the provisions of
subsections B and C of this section and shall, with the assistance of
certified sexual assault service providers, establish a comprehensive
integrated curriculum for the teaching of evidence-based sexual
assault and sexual violence issues.
E. The Council is required to update that block of training or
course materials relating to legal issues, concepts, and state laws
annually, but not later than ninety (90) days following the
adjournment of any legislative session.
F. By January 1, 2009, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall include in its
required courses of study for law enforcement certification oil field
equipment theft training.
G. By January 1, 2012, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall establish and
include in its required courses of study for law enforcement
certification a minimum of eight (8) hours of evidence-based domestic
violence and stalking investigation training. The training should
include, at a minimum, the importance of reporting domestic violence
incidents, determining the predominant aggressor, evidence-based
investigation of domestic violence and stalking, lethality
assessment, and personal safety planning necessary at the pretrial
stages of a potential criminal case. A portion of the training shall
include instruction presented by an expert victim advocate selected
from recommendations provided by the Office of the Attorney General
or the Domestic Violence Fatality Review Board. The training shall
be developed in collaboration with the Domestic Violence Fatality
Review Board, and where applicable, shall replace existing domestic
violence and stalking courses currently required.
H. By January 1, 2012, the evidence-based domestic violence and
stalking investigation curriculum developed in collaboration with the
Domestic Violence Fatality Review Board shall be submitted to the
Council for approval.
I. CLEET shall establish the training provided in subsection G
of this section as a part of CLEET's peace officer continuing
education program and develop a plan to train full-time peace
officers previously certified by CLEET pursuant to Section 3311 of
this title where applicable. The Office of the Attorney General
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shall provide a list of expert victim advocates that are available to
assist in the training.
J. The Council is authorized to pay for and send training staff
and employees to one or more training and education courses in
jurisdictions outside this state for the purpose of expanding
curriculum, training skill development, and general knowledge within
the field of law enforcement education and training.
K. On and after November 1, 2013, CLEET, pursuant to its
authority granted by Section 3311 of this title, shall include in its
required basic training courses for law enforcement certification a
minimum of two (2) hours of education and training relating to
recognizing and managing a person experiencing dementia or
Alzheimer's disease.
L. The Council shall promulgate rules to evaluate and approve
municipalities and counties that are deemed capable of conducting
separate basic law enforcement training academies in their
jurisdiction and to certify officers successfully completing such
academy training courses. Upon application to the Council, any
municipality with a population of sixty-five thousand (65,000) or
more or any county with a population of five hundred thousand
(500,000) or more shall be authorized to operate a basic law
enforcement academy. In addition, upon application and approval from
the Council, a municipality with a population under sixty-five
thousand (65,000) or a county with a population under five hundred
thousand (500,000) may be authorized to operate a basic law
enforcement academy; provided, however, the Council may approve no
more than two such applications per year. The Council shall approve
an application when the municipality or county making the application
meets the criteria for a separate training academy and demonstrates
to the satisfaction of the Council that the academy has sufficient
resources to conduct the training, the instructional staff is
appropriately trained and qualified to teach the course materials,
the curriculum is composed of comparable or higher quality course
segments to the CLEET academy curriculum, and the facilities where
the academy will be conducted are safe and sufficient for law
enforcement training purposes. Any municipality or county authorized
to operate a basic law enforcement academy after November 1, 2007,
shall not be eligible to receive funds pursuant to subsection E of
Section 1313.2 of Title 20 of the Oklahoma Statutes. The Council
shall not provide any funding for the operation of any separate
training academy authorized by this subsection.
M. Any municipality or county that, prior to November 1, 2007,
was authorized to conduct a basic law enforcement academy shall
continue to receive funding pursuant to subsection E of Section
1313.2 of Title 20 of the Oklahoma Statutes.
Added by Laws 1992, c. 389, § 4, emerg. eff. June 10, 1992. Amended
by Laws 2007, c. 360, § 8, eff. Nov. 1, 2007; Laws 2008, c. 3, § 45,
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emerg. eff. Feb. 28, 2008; Laws 2008, c. 364, § 1, eff. Jan. 1, 2009;
Laws 2011, c. 235, § 1; Laws 2013, c. 130, § 1; Laws 2017, c. 162, §
1, eff. Nov. 1, 2017; Laws 2019, c. 176, § 1, eff. Nov. 1, 2019; Laws
2019, c. 334, § 1, eff. Nov. 1, 2019.
NOTE: Laws 2007, c. 179, § 1 repealed by Laws 2008, c. 3, § 46,
emerg. eff. Feb. 28, 2008.
§70-3311.5v2. Law enforcement certification - Required curriculum -
Materials update - Out-of-state training - Municipality and county
academics.
A. On and after November 1, 2007, the Council on Law Enforcement
Education and Training (CLEET), pursuant to its authority granted by
Section 3311 of this title, shall include in its required basic
training courses for law enforcement certification a minimum of four
(4) hours of education and training relating to recognizing and
managing a person appearing to require mental health treatment or
services. The Council shall further offer a minimum of four (4)
hours of education and training on specific mental health issues
pursuant to Section 3311.4 of this title to meet the annual
requirement for continuing education in the areas of mental health
issues.
B. By January 1, 2008, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall include in its
required courses of study for law enforcement certification a minimum
of six (6) hours of evidence-based sexual assault and sexual violence
training. A portion of the sexual assault and sexual violence
training shall include instruction presented by a certified sexual
assault service provider.
C. By January 1, 2012, every active full-time peace officer,
previously certified by CLEET pursuant to Section 3311 of this title,
shall be required to attend and complete the evidence-based sexual
assault and sexual violence training provided in subsection B of this
section.
D. CLEET shall promulgate rules to enforce the provisions of
subsections B and C of this section and shall, with the assistance of
certified sexual assault service providers, establish a comprehensive
integrated curriculum for the teaching of evidence-based sexual
assault and sexual violence issues.
E. The Council is required to update that block of training or
course materials relating to legal issues, concepts, and state laws
annually, but not later than ninety (90) days following the
adjournment of any legislative session.
F. By January 1, 2009, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall include in its
required courses of study for law enforcement certification oil field
equipment theft training.
*+,-11'121#+,, .;$
G. By January 1, 2012, CLEET, pursuant to its authority granted
by Sections 3311 and 3311.4 of this title, shall establish and
include in its required courses of study for law enforcement
certification a minimum of eight (8) hours of evidence-based domestic
violence and stalking investigation training. The training should
include, at a minimum, the importance of reporting domestic violence
incidents, determining the predominant aggressor, evidence-based
investigation of domestic violence and stalking, lethality
assessment, and personal safety planning necessary at the pretrial
stages of a potential criminal case. A portion of the training shall
include instruction presented by an expert victim advocate selected
from recommendations provided by the Office of the Attorney General
or the Domestic Violence Fatality Review Board. The training shall
be developed in collaboration with the Domestic Violence Fatality
Review Board, and where applicable, shall replace existing domestic
violence and stalking courses currently required.
H. By January 1, 2012, the evidence-based domestic violence and
stalking investigation curriculum developed in collaboration with the
Domestic Violence Fatality Review Board shall be submitted to the
Council for approval.
I. CLEET shall establish the training provided in subsection G
of this section as a part of CLEET's peace officer continuing
education program and develop a plan to train full-time peace
officers previously certified by CLEET pursuant to Section 3311 of
this title where applicable. The Office of the Attorney General
shall provide a list of expert victim advocates that are available to
assist in the training.
J. The Council is authorized to pay for and send training staff
and employees to one or more training and education courses in
jurisdictions outside this state for the purpose of expanding
curriculum, training skill development, and general knowledge within
the field of law enforcement education and training.
K. On and after November 1, 2013, CLEET, pursuant to its
authority granted by Section 3311 of this title, shall include in its
required basic training courses for law enforcement certification a
minimum of two (2) hours of education and training relating to
recognizing and managing a person experiencing dementia or
Alzheimer's disease.
L. By November 1, 2019, CLEET shall establish appropriate
training resources focused on protocol for handling and processing
sexual assault calls. The training shall include, but not be limited
to:
1. How to handle the sexual assault call upon first contact;
2. Determining when the assault occurred;
3. Where to take the victim;
4. Questioning witnesses and collecting evidence; and
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5. Informing and assisting the victim in accessing resources,
help and information.
M. The Council shall promulgate rules to evaluate and approve
municipalities and counties that are deemed capable of conducting
separate basic law enforcement training academies in their
jurisdiction and to certify officers successfully completing such
academy training courses. Upon application to the Council, any
municipality with a population of sixty-five thousand (65,000) or
more or any county with a population of five hundred thousand
(500,000) or more shall be authorized to operate a basic law
enforcement academy. The Council shall approve an application when
the municipality or county making the application meets the criteria
for a separate training academy and demonstrates to the satisfaction
of the Council that the academy has sufficient resources to conduct
the training, the instructional staff is appropriately trained and
qualified to teach the course materials, the curriculum is composed
of comparable or higher quality course segments to the CLEET academy
curriculum, and the facilities where the academy will be conducted
are safe and sufficient for law enforcement training purposes. Any
municipality or county authorized to operate a basic law enforcement
academy after November 1, 2007, shall not be eligible to receive
funds pursuant to subsection E of Section 1313.2 of Title 20 of the
Oklahoma Statutes. The Council shall not provide any funding for the
operation of any separate training academy authorized by this
subsection.
N. Any municipality or county that, prior to November 1, 2007,
was authorized to conduct a basic law enforcement academy shall
continue to receive funding pursuant to subsection E of Section
1313.2 of Title 20 of the Oklahoma Statutes.
Added by Laws 1992, c. 389, § 4, emerg. eff. June 10, 1992. Amended
by Laws 2007, c. 360, § 8, eff. Nov. 1, 2007; Laws 2008, c. 3, § 45,
emerg. eff. Feb. 28, 2008; Laws 2008, c. 364, § 1, eff. Jan. 1, 2009;
Laws 2011, c. 235, § 1; Laws 2013, c. 130, § 1; Laws 2017, c. 162, §
1, eff. Nov. 1, 2017; Laws 2019, c. 176, § 1, eff. Nov. 1, 2019; Laws
2019, c. 339, § 2, eff. Nov. 1, 2019.
NOTE: Laws 2007, c. 179, § 1 repealed by Laws 2008, c. 3, § 46,
emerg. eff. Feb. 28, 2008.
§70-3311.6. C.L.E.E.T. Training Center Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Council on Law Enforcement Education and Training to be
designated the "C.L.E.E.T. Training Center Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies deposited to the credit of the fund
pursuant to subsection D of Section 1313.2 of Title 20 of the
Oklahoma Statutes. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Council
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on Law Enforcement Education and Training for the purpose of
acquiring and constructing a statewide law enforcement training
center and for operation and maintenance of such center.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 2000, c. 316, § 3, eff. Nov. 1, 2000. Amended by Laws
2012, c. 304, § 629.
§70-3311.7. Peace Officer Revolving Fund.
A. There is hereby created in the State Treasury a fund for the
Council on Law Enforcement Education and Training to be designated
the "Peace Officer Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of any monies received from
public, private, state or federal sources, grants or award monies, to
include any state matching funds required by the federal government
which are not designated for deposit in the C.L.E.E.T. Fund created
pursuant to Section 1313.2 of Title 20 of the Oklahoma Statutes.
C. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Council on Law
Enforcement Education and Training for the purpose of fulfilling any
grant or award provisions, providing special training programs and
attendant equipment and supplies, and providing facility construction
and furnishings and/or rental of facilities for special training
programs.
D. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
Added by Laws 1998, c. 230, § 4, eff. Nov. 1, 1998. Amended by Laws
2012, c. 304, § 630.
§70-3311.8. CLEET Cafeteria Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Council on Law Enforcement Education and Training to be
designated the "CLEET Cafeteria Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Council on Law Enforcement
Education and Training from cafeteria food sales. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Council on Law Enforcement Education
and Training for the purpose of operating a cafeteria. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the Director
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of the Office of Management and Enterprise Services for approval and
payment.
Added by Laws 2004, c. 150, § 1, eff. July 1, 2004. Amended by Laws
2012, c. 304, § 631.
§70-3311.9. Petty cash fund.
There is hereby created a petty cash fund not to exceed Two
Hundred Dollars ($200.00) for the Council on Law Enforcement
Education and Training to be used as a cash drawer change fund in the
operation of a cafeteria.
Added by Laws 2004, c. 150, § 2, eff. July 1, 2004.
§70-3311.10. Purchase of passenger automobiles or buses for training
purposes.
Notwithstanding any other provision of state law, the Council on
Law Enforcement Education and Training is hereby authorized to
purchase passenger automobiles or buses for use as training vehicles
in the same manner as other state agencies authorized by law to
purchase passenger automobiles or buses.
Added by Laws 2005, c. 398, § 1, emerg. eff. June 6, 2005.
§70-3311.11. Council on Law Enforcement Education and Training –
Rate for basic training - Repayment
A. Any person or peace officer who desires to attend a basic law
enforcement academy conducted by the Council on Law Enforcement
Education and Training (CLEET) shall within ninety (90) days of hire
and prior to CLEET admission, be required to score a minimum of
seventy percent (70%) on a reading and writing comprehension
examination approved by CLEET to assure the applicant can read and
write on a level necessary to perform the requirements of the CLEET
academy. Any person or any peace officer who desires to attend a
CLEET-approved reserve basic law enforcement academy shall, within
ninety (90) days of hire and prior to reserve basic law enforcement
academy admission, be required to score a minimum of seventy percent
(70%) on a reading and writing comprehension examination approved by
CLEET to assure the applicant can read and write at a level necessary
to perform the requirements of the reserve academy.
B. Beginning November 1, 2009, any person or peace officer who
desires to attend the basic law enforcement academy conducted by
CLEET shall, prior to admission, be required to provide proof of a
score of a minimum of seventy percent (70%) on a physical agility
test approved by CLEET to assure the applicant is in sufficient
physical condition to avoid unnecessary injury during the basic law
enforcement academy training.
C. Beginning November 1, 2009, any person or peace officer, upon
employment by a law enforcement agency and prior to attending a basic
law enforcement academy conducted by CLEET, shall execute a
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promissory note for academy training expenses payable to CLEET
whereby the person or peace officer promises to repay the note by
remaining within the law enforcement profession in the State of
Oklahoma in a position approved by rules and regulations of CLEET for
four (4) years following graduation from the basic law enforcement
academy.
D. The amounts due pursuant to subsection C of this section
shall be reduced at a rate of Three Dollars ($3.00) per calendar day
beginning the first day after graduation from the basic law
enforcement academy and continuing until the end of one thousand four
hundred sixty (1,460) days. If for any reason a peace officer leaves
the employment of a law enforcement agency and does not reemploy with
an approved law enforcement agency within ninety (90) days of the
date of becoming inactive the obligation shall be considered due.
Upon default of the note, if no agreement for payment or payment
schedule has been agreed upon, the certification of the peace officer
shall be suspended. For purposes of repayment, periods of time where
a peace officer is inactive shall not be included in the one-
thousand-four-hundred-sixty-day employment period.
E. The amount of a promissory note for academy training expenses
that is cancelled under the provisions of this section shall not be
considered income for the purposes of Oklahoma State Income Tax.
F. The Director of CLEET may waive any or all promissory note
obligations for academy training expenses in instances where in the
sole opinion of the Director, a waiver is in the best interests of
law enforcement.
G. Violation of the provisions of subsection D of this section
or the terms of the promissory note for academy training expenses
entered into pursuant to this section shall give rise to a cause of
action and suit may be commenced by CLEET for and on behalf of the
State of Oklahoma for restitution of any and all sums plus interest
at the statutory rate, costs and reasonable attorney fees. All
promissory notes for academy training expenses, interest and fees
collected pursuant to this section shall be deposited into the Peace
Officer Revolving Fund provided for in Section 3311.7 of Title 70 of
the Oklahoma Statutes. The provisions of this section shall not
apply to persons who volunteer or are drafted into active military
service subsequent to receiving CLEET training at state expense.
Added by Laws 2009, c. 244, § 1, eff. Nov. 1, 2009. Amended by Laws
2015, c. 83, § 2, eff. Nov. 1, 2015; Laws 2016, c. 139, § 1, eff.
Nov. 1, 2016.
§70-3311.12. Law enforcement youth camps.
The Council on Law Enforcement Education and Training (CLEET) is
authorized to establish and host law enforcement youth camps at the
CLEET statewide training facility.
Added by Laws 2010, c. 248, § 1, eff. Nov. 1, 2010.
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§70-3311.13. CLEET Private Security Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Council on Law Enforcement Education and Training to be
designated the "CLEET Private Security Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Council on Law
Enforcement Education and Training from the issuance of licenses to
security guards, security guard agencies, private investigators and
private investigative agencies. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended by
the Council on Law Enforcement Education and Training for the purpose
of fulfilling all statutory obligations pursuant to the provisions of
the Oklahoma Security Guard and Private Investigator Act and
providing training and education programs for security guards,
security guard agencies, private investigators and private
investigative agencies. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 2010, c. 380, § 2, eff. Nov. 1, 2010. Amended by Laws
2012, c. 304, § 632.
NOTE: Editorially renumbered from § 3311.12 of this title to avoid
duplication in numbering.
§70-3311.14. Attorney General - Personal firearms.
Upon completion of a handgun qualification course for court
officials developed by the Council on Law Enforcement Education and
Training, the Attorney General and any assistant attorney general may
carry a firearm on his or her person anywhere in this state for
personal protection only. The Council on Law Enforcement Education
and Training may provide for an identification card to be issued to
the Attorney General or assistant attorney general and may provide
application forms. If the person issued an identification card is no
longer eligible, that person shall immediately return the
identification card to the Council on Law Enforcement Education and
Training.
Added by Laws 2013, c. 315, § 2, eff. Nov. 1, 2013. Amended by Laws
2014, c. 368, § 4, eff. Nov. 1, 2014.
§70-3311.15. Assessment for meals.
Notwithstanding any other provision of law, the Council on Law
Enforcement Education and Training (CLEET) is hereby authorized to
assess a registration fee not to exceed Thirty Dollars ($30.00) per
day to any Oklahoma Law Enforcement Agency to cover the costs of
breakfast, lunch and dinner meals provided by CLEET, during the
training of agency peace officers. Failure to timely pay these
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charges will preclude future participation of any employee of the law
enforcement agency in the CLEET Basic Academy. All moneys from
charges assessed for these purposes shall be deposited in the Peace
Officer Revolving Fund created in Section 3311.7 of this title.
Added by Laws 2016, c. 376, § 3, emerg. eff. June 6, 2016. Amended
by Laws 2017, c. 320, § 1, eff. Nov. 1, 2017.
§70-3311.16. CLEET authority to conduct Basic Peace Officer
Certification Academies and other law enforcement related training.
A. The Council on Law Enforcement Education and Training (CLEET)
is authorized to conduct full-time Basic Peace Officer Certification
Academies and other law enforcement related training for individuals
not commissioned or appointed by a law enforcement agency under rules
established by the Council.
B. The tuition and/or fees for attending the Basic Peace Officer
Certification Academies and/or other law enforcement related training
will be at a rate established by CLEET and approved by the Council.
Tuition and/or fees charged under this section will be deposited in
the Peace Officer Revolving Fund established in Section 3311.7 of
Title 70 of the Oklahoma Statues.
C. Individuals not commissioned or appointed by a law
enforcement agency who are trained in the Basic Peace Officer
Certification Academies will be required to meet minimum requirements
established for peace officers as set forth in Section 3311 of Title
70 of the Oklahoma Statutes. Any fees relating to meeting these
requirements shall be the responsibility of the individual.
Individuals applying for the Academies will be required to submit a
fingerprint check to CLEET prior to acceptance.
D. The Council is authorized to promulgate emergency rules to
effectuate the provisions of this subsection.
E. Upon successful completion of the Basic Peace Officer
Certification Academy, the individual's CLEET certification will
become effective upon employment by an Oklahoma law enforcement
agency. Employment and certification must be obtained within two (2)
years of completion of the Basic Peace Officer Certification Academy.
Added by Laws 2018, c. 168, § 1, eff. Nov. 1, 2018.
§70-3311.17. Technology center schools – Law enforcement courses and
training – CLEET approval.
A. Any state-supported technology center school in the State of
Oklahoma operating under the State Board of Career and Technology
Education or any higher education institution in this state shall be
authorized to, upon application and approval of the Council on Law
Enforcement Education and Training (CLEET), offer courses of study
for law enforcement certification, basic peace officer certification
academies and other law-enforcement-related training. Commissioned
and noncommissioned individuals and those individuals appointed or
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not appointed by a law enforcement agency may attend the courses or
training offered by the technology center school or higher education
institution. CLEET shall vote to approve or deny an application to
offer courses or training offered pursuant to this section. Notice
of denial of application shall include a clear and concise statement
for which the denial is based. CLEET may authorize up to two new
entities each year to offer courses or training. Courses and
training offered by authorized entities shall consist of actual
classroom training at each entity location. All non-classroom
training shall be provided at the CLEET training facility, unless
approved otherwise by CLEET.
B. Any courses or training offered pursuant to this section
shall meet minimum standards established for peace officers as set
forth in Section 3311 of Title 70 of the Oklahoma Statutes and meet
all applicable eligibility requirements for students to receive
benefits pursuant to any of the federal G.I. bills. All participants
in any courses or training offered pursuant to this section shall be
required to submit all background investigation requirements as set
forth in Section 3311 of Title 70 of the Oklahoma Statutes.
C. Any state-supported technology center school in the State of
Oklahoma operating under the State Board of Career and Technology
Education or any higher education institution in this state shall be
authorized to set and administer their own rates for tuition and fees
for courses or training offered pursuant to this section.
D. Notwithstanding any other provision of law, any materials and
records provided by CLEET to any institution of higher education or
state-supported technology center school conducting a basic law
enforcement training shall remain the property of CLEET and retain
confidential status and shall not be released except under the
conditions contained in Section 24A.8 of Title 51 of the Oklahoma
Statutes. In addition, any materials and records provided by any
institution of higher education or state-supported technology center
school conducting basic law enforcement training to CLEET shall be
subject to these same limitations on release. Such materials and
records include, but are not limited to, all records maintained
pursuant to Section 3311 of this title and records relating to any
employed or certified full-time officer, reserve officer, retired
officer or other person; teacher lesson plans, tests and other
teaching materials; and personal communications concerning individual
students except under the circumstances set forth in Section 24A.8 of
Title 51 of the Oklahoma Statutes.
Added by Laws 2018, c. 254, § 1, eff. Nov. 1, 2018. Amended by Laws
2019, c. 20, § 1, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 3311.16 of this title to avoid
duplication in numbering.
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§70-3311.18. CLEET basic peace officer academies and other law
enforcement training – Tuition and fees.
A. The Council on Law Enforcement Education and Training (CLEET)
shall be authorized to conduct basic peace officer certification
academies and other law-enforcement-related training for individuals
who are neither commissioned nor appointed by a law enforcement
agency under rules established by CLEET.
B. The tuition or fees for attending the basic peace officer
certification academy and other law-enforcement-related training
shall be at a rate established and approved by CLEET. The tuition or
fees shall be deposited into the Peace Officer Revolving Fund
established in Section 3311.7 of Title 70 of the Oklahoma Statutes.
C. Individuals not commissioned or appointed by a law
enforcement agency who are trained in the basic peace officer
certification academy shall be required to meet minimum standards
established for peace officers as set forth in Section 3311 of Title
70 of the Oklahoma Statutes. Any fees related to meeting the minimum
standards shall be borne by the individual.
D. CLEET is authorized to promulgate rules to effectuate the
provisions of this section.
E. Upon successful completion of the Basic Peace Officer
Certification Academy, the individual's CLEET certification will
become effective upon employment by an Oklahoma law enforcement
agency. Employment and certification must be obtained within two (2)
years of completion of the Basic Peace Officer Certification Academy.
Added by Laws 2018, c. 254, § 2, eff. Nov. 1, 2018.
NOTE: Editorially renumbered from § 3311.17 of this title to avoid
duplication in numbering.
§70-3312. University of Oklahoma College of Medicine Tulsa -
Establishment.
A branch program of the School of Medicine of the University of
Oklahoma is hereby established in Tulsa County to be known as the
University of Oklahoma College of Medicine - Tulsa. The functions
and programs of study of the operation shall be determined by the
Oklahoma State Regents for Higher Education in pursuance of Article
XIII-A of the Constitution of Oklahoma.
Laws 1972, c. 45, § 1, emerg. eff. March 10, 1972.
§70-3313. Legislative intent - Allocation of funds - Resident dean.
It is the intent of the Legislature that the State Regents for
Higher Education shall consider the needs of the branch program
operation in allocating funds to the University of Oklahoma. It is
further the intention of the Legislature that the Board of Regents of
the University of Oklahoma and the College of Medicine make
appropriate arrangements for administration of the program authorized
herein and prescribed by the State Regents for Higher Education,
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including the establishment of a position of resident dean for the
University of Oklahoma College of Medicine - Tulsa who shall be
responsible for providing the leadership and coordination for
administration of the Tulsa program.
Laws 1972, c. 45, § 2, emerg. eff. March 10, 1972.
§70-3314. Oklahoma Biological Survey.
A. There is hereby created the Biological Survey Office of the
State of Oklahoma, which shall be under the direction and supervision
of the Board of Regents of the University of Oklahoma.
B. The director of the Oklahoma Biological Survey shall be
appointed by the Board. The salary of the director shall be
determined by the Board.
C. The Oklahoma Biological Survey shall:
1. acquire, archive, process and disseminate information on
biological resources and natural areas that is or could be of value
to policy and decision makers in the state;
2. act as a representative of the state in biological matters,
exclusive of wildlife matters under the authority of the Wildlife
Conservation Commission and exclusive of matters pertaining to
agriculture, both within and outside the state when necessary or
appropriate, or when requested to do so by proper authority, which
shall include among others the legislative or executive branches of
state government;
3. conduct research, investigations, and interpretive programs
pertaining to natural areas and biological resources, including but
not limited to distributions of animal and plant forms within the
state and their relationships to one another and their environment
except as those matters pertain to agriculture;
4. maintain an inventory of natural and scientific areas, an
inventory of natural ecosystems and their components, and an
inventory of habitats of rare and endangered species of plants and
animals;
5. maintain as part of an herbarium, a plant collection that is
representative of but not restricted to the flora and plant
communities of Oklahoma, which among other benefits will support
research and investigative programs;
6. participate in the Oklahoma Natural Heritage Program,
including development of and responsibility for the Oklahoma Natural
Heritage Inventory of the state's habitats and species, which among
other benefits will provide a centralized and continually updated
inventory of the biological diversity of Oklahoma that will contain
accurate and timely information for environmental planning, resource
management, protection of significant natural areas, endangered
species review, and biological research and education; and
7. as authorized by the Board of Regents of the University of
Oklahoma, contract with private entities or state agencies to assist
*+,-11'121#+,, .;$"
in the training of students and the citizenry with respect to
biological resources and their importance to Oklahoma.
D. The establishment of the Biological Survey Office shall in no
way preclude or limit research and educational activities concerning
biological resources and natural areas by universities, colleges, or
other governmental entities.
E. The director is authorized to certify copies as being
authentic reproductions of biological resource records held in the
state.
F. The director of the Oklahoma Biological Survey shall present
a report each year to the Board of Regents of the University of
Oklahoma showing the progress and condition of the Oklahoma
Biological Survey and any other information that the Board may deem
necessary.
Added by Laws 1987, c. 170, § 1, operative July 1, 1987.
§70-3315. Short title.
This act shall be known and may be cited as the "Oklahoma State
Register of Natural Heritage Areas Act".
Added by Laws 1984, c. 48, § 1, eff. Nov. 1, 1984. Amended by Laws
2002, c. 199, § 1, emerg. eff. May 6, 2002. Renumbered from Title
74, § 1840 by Laws 2002, c. 199, § 5, emerg. eff. May 6, 2002.
§70-3315.1. State Register of Natural Heritage Areas - Creation -
Listing of sites - Private property.
A. There is hereby created a "State Register of Natural Heritage
Areas".
B. The Oklahoma Biological Survey shall establish a listing of
sites, districts, areas, or objects above or below the surface of the
earth whether on land or in the waters of this state, which have
unique and diverse ecological, geological, or other special natural
characteristics of significant scientific, educational, or passive
recreational value to the citizens of this state. The listing shall
constitute the State Register of Natural Heritage Areas.
C. Listing a privately owned property in the State Register
shall in no way violate or abridge the right of the landowner to use,
modify, or dispose of the property.
Added by Laws 1984, c. 48, § 2, eff. Nov. 1, 1984. Amended by Laws
2002, c. 199, § 2, emerg. eff. May 6, 2002. Renumbered from Title
74, § 1841 by Laws 2002, c. 199, § 5, emerg. eff. May 6, 2002.
§70-3315.2. Potential areas for inclusion in State Register -
Characteristics.
Any potential natural area recommended for inclusion in the State
Register shall possess one or more of the following characteristics:
1. Rare, threatened, or endangered plant or animal species
habitat;
*+,-11'121#+,, .;$"
2. Outstanding plant community type which is representative of
the natural diversity of this state;
3. Outstanding geological element which is representative of the
geological history or processes of this state;
4. Outstanding aquatic elements which are representative of the
aquatic diversity of this state; or
5. Unusual natural features, such as vegetation types, virgin
stands, or other unique biological or ecological phenomena.
Added by Laws 1984, c. 48, § 4, eff. Nov. 1, 1984. Renumbered from
Title 74, § 1843 by Laws 2002, c. 199, § 5, emerg. eff. May 6, 2002.
§70-3315.3. Duties of Oklahoma Biological Survey.
In performing its duties pursuant to the provisions of the
Oklahoma State Register of Natural Heritage Areas Act, the Oklahoma
Biological Survey shall:
1. Identify potential natural areas for inclusion in the State
Register. Any person or organization may recommend the inclusion of
any area within this state to the Survey;
2. Notify the landowners of a potential natural area of the
recommendation of the area, explain the scope and intent of the State
Register, and request permission to evaluate the site of the area;
3. Evaluate the site of the potential natural area, upon
receiving permission from the landowners, to determine whether the
area satisfies the criteria listed in Section 4 of this act;
4. Invite the landowners of a natural area site which satisfies
the criteria to register the site in the State Register. To register
a site, a nonbinding agreement stating the intent of the landowners
to protect the characteristics of the natural area site is signed by
the landowners and the Director of the Oklahoma Biological Survey.
Upon the signing of the agreement, the Director shall present a
plaque and a certificate of registration to the landowners
acknowledging their generosity and civic-mindedness;
5. Protect the rights of the landowners by publicly listing a
registered natural area only with the consent of the landowners and
by removing a natural area from the State Register at the request of
the landowners;
6. Assist the landowners of registered natural areas by
providing information concerning such areas and by providing or
arranging for technical assistance and resource planning which may be
requested;
7. Review periodically each registered natural area and remove
from the State Register any area which has had its natural character
or quality degraded through significant natural or man-made changes;
and
8. Publish an annual report on the state and condition of the
registered natural areas which shall be available to the public.
*+,-11'121#+,, .;$"$
Added by Laws 1984, c. 48, § 5, eff. Nov. 1, 1984. Amended by Laws
1993, c. 155, § 1, eff. July 1, 1993; Laws 2002, c. 199, § 3, emerg.
eff. May 6, 2002. Renumbered from Title 74, § 1844 by Laws 2002, c.
199, § 5, emerg. eff. May 6, 2002.
§70-3315.4. Evaluation of recommended areas - Criteria.
All potential natural areas recommended for inclusion in the
State Register shall be evaluated by the Oklahoma Biological Survey,
as required by Section 3 of this act, according to the following
criteria:
1. The diversity of flora and fauna;
2. The quality and viability of the occurrence of the element of
natural diversity;
3. The absence of damaging land uses and the extent of historic
disturbances;
4. The potential for sustained protection and management of the
element of natural diversity;
5. The presence of additional elements of natural diversity not
adequately represented in other registered natural areas; and
6. The significance of the educational and scientific values of
the element of natural diversity.
Added by Laws 1984, c. 48, § 6, eff. Nov. 1, 1984. Amended by Laws
1993, c. 155, § 2, eff. July 1, 1993; Laws 2002, c. 199, § 4, emerg.
eff. May 6, 2002. Renumbered from Title 74, § 1845 by Laws 2002, c.
199, § 5, emerg. eff. May 6, 2002.
§70-3316. Center for Women's Health - Establishment - Duties.
The Oklahoma State Legislature requests the Board of Regents of
the University of Oklahoma to establish a Center for Women's Health
within the College of Medicine at the University of Oklahoma Health
Sciences Center in Oklahoma City which would be responsible for
expanding the knowledge and understanding of women's health needs.
The Center for Women's Health should:
1. Utilize the interdisciplinary approach which combines all
areas of women's health care delivery in one location;
2. Develop extramural resources to support and carry out the
highest quality clinical and basic research devoted to women's health
issues;
3. Identify and develop effective health practices for women;
4. Provide demonstration projects directly related to the field
of women's health; and
5. Disseminate information on women's health.
Added by Laws 1994, c. 288, § 8, eff. July 1, 1994.
§70-3317. Cancer treatment and research program at the University of
Oklahoma – Establishment – Funding.
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A. The Oklahoma State Legislature requests the Board of Regents
at the University of Oklahoma to establish a cancer treatment and
research program under the administrative direction of the Provost
for the Health Sciences Centers in Oklahoma City and Tulsa. The
program should provide statewide leadership in cancer research,
prevention and information, and treatment and seek to gain national
recognition for excellence in the fight against cancer by being named
as a comprehensive cancer center by the National Cancer Institute.
B. 1. The Board of Regents for the University of Oklahoma may
create a not-for-profit corporation to raise funds and name a board
of directors for the corporation to assist in the development of the
cancer treatment and research program requested by this act.
2. The board of directors of the corporation authorized in
paragraph 1 of this subsection may select a name for the corporation.
The board shall choose its own chairperson.
C. After proper incorporation, the not-for-profit corporation
shall apply for tax-exempt status under Section 501(c)(3) of the
Internal Revenue Code (26 U.S.C., Section 501(c)(3)).
Added by Laws 2001, c. 233, § 1, eff. Nov. 1, 2001.
§70-3318. Request to establish comprehensive diabetes center.
The Oklahoma State Legislature requests the Board of Regents of
the University of Oklahoma to establish a comprehensive diabetes
center with operations in Oklahoma City and Tulsa. The Oklahoma
Diabetes Center should provide statewide leadership in diabetes
treatment, research, prevention, information, education and awareness
and provide access to the latest developments in diabetes care and
management through the clinical trials hosted by the center.
Added by Laws 2006, c. 221, § 2, eff. Nov. 1, 2006.
§70-3401. Oklahoma State University - Designation - Power and
authority.
The state educational institution located at Stillwater,
previously known as the Oklahoma Agricultural and Mechanical College
and now known as Oklahoma State University of Agriculture and Applied
Science, shall continue at the same location and its official name
shall be Oklahoma State University. The Legislature further
recognizes and confirms that said institution is an institution
corporate under the Constitution and laws of Oklahoma with full power
and authority, acting through its said constitutional Board of
Regents, to do all things necessary or convenient to accomplish the
corporate objects of said institution, and said institution, acting
through its said constitutional Board of Regents, is hereby
recognized to be such public corporation and to have such powers,
acting through its regents.
Laws 1965, c. 396, § 401; Laws 1980, c. 157, § 1, eff. July 1, 1980.
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§70-3401.1. Oklahoma State University Institute of Technology-
Okmulgee.
A. The state educational agency of Oklahoma State University
located in Okmulgee, Oklahoma, shall continue at the same location
and is hereby officially named and shall be designated in all future
references as “Oklahoma State University Institute of Technology-
Okmulgee”.
B. The name change prescribed in this section shall not affect
in any manner whatsoever any legal relationships, bonds, contracts,
supervisory authority of Oklahoma State University or the Board of
Regents for the Oklahoma Agricultural and Mechanical Colleges, or
title to property, obligations or any other aspect of the legal
status of the named agency for any purpose, except that the agency
shall be referred to as “Oklahoma State University Institute of
Technology-Okmulgee” in all future references to the agency.
Added by Laws 2008, c. 54, § 1, eff. July 1, 2008.
§70-3401.2. Oklahoma State University Fire Service Training.
A. The purpose of Oklahoma State University Fire Service
Training (OSU FST) shall be to develop, deliver, support and evaluate
training, education and professional certification programs for fire
service in this state to ensure emergency responders may safely and
successfully perform their duties.
B. OSU FST shall:
1. Deliver and support training and education programs for fire
service and other emergency responders in this state to meet local
and state needs by:
a. collaborating with technology center schools and other
training providers to ensure training, training support
and support of certification testing are readily
available to all areas of the state to accomplish the
State Fire Marshal Commission annual state training
plan and regional training plans which are voluntarily
developed and adopted, and
b. collaborating with technology center schools and other
training providers to develop and maintain a database
of available instructors to teach fire and emergency
responder topics. The database shall be maintained on
the OSU FST website and made available to other
training providers;
2. Collaborate with the State Fire Marshal Commission on efforts
which shall include, but not be limited to, participation in the
activities of the State Fire Marshal Commission training task force
and initiatives intended to accomplish the State Fire Marshal
Commission firefighter training goals and the state-specific
standards certification program;
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3. Develop or adopt and disseminate curriculum and instructional
materials to fire departments and training providers consistent with
state and federal statutory requirements for classes, courses and
programs for delivery to fire service in this state, with every
effort being made to provide the curriculum and materials at minimal
or no cost. Unless required by state or federal regulations,
selection, adoption and/or use of the OSU-FST-disseminated curriculum
and training materials or instructors shall be at the discretion of
each training provider or local fire department;
4. Maintain and make available by electronic means, in a manner
consistent with state and federal regulations, to the State Fire
Marshal Commission, fire chiefs, training officers and other agencies
as required by law, as requested, all training and certification
records of Oklahoma firefighters who participate in training
sponsored by OSU FST or records provided to OSU FST by local fire
departments or other training agencies. The provisions of this
paragraph shall not apply to state and federal wild-land fire
agencies;
5. Develop, administer and evaluate an accredited certification
program available to all firefighters and other emergency responders
based on National Fire Protection Association standards and/or state
and federal standards. The program shall:
a. be accredited through the International Fire Service
Accreditation Congress and/or the National Board on
Fire Service Professional Qualifications at levels
deemed beneficial to fire service in this state,
b. provide for dissemination to recognized certification
partners and posting to the OSU FST's website a list of
qualified proctors and evaluators for use during OSU
FST certification events,
c. develop, as requested, special certifications based on
state-specific standards adopted by the State Fire
Marshal Commission or other state agencies that are
designed for emergency responders in this state, which
may not be accredited,
d. maintain certification records and disseminate
certifications of State-Fire-Marshal-Commission-adopted
or -approved Oklahoma state-specific certifications.
The certifications may be jointly labeled as the State
Fire Marshal Commission, OSU FST, the Oklahoma Career
and Technology Education System or other State-Fire-
Marshal-Commission-approved training providers
administering state-specific certifications,
e. ensure that the Oklahoma state-specific certifications
shall not duplicate certifications accredited by the
International Fire Service Accreditation Congress or
the National Board on Fire Service Professional
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Qualifications, or titles of certification levels
listed in the National Fire Protection Association
professional qualifications standards, and
f. when requested by an Oklahoma fire department or state
agency, facilitate delivery of International Fire
Service Accreditation Congress and National Board on
Fire Service Professional Qualifications accredited
certification processes which are not currently
available through OSU FST; and
6. Fulfill any other statutory requirements set forth by the
Legislature.
C. OSU FST shall be the Oklahoma state government representative
to the United States Fire Administration's National Fire Academy and
shall be responsible for delivering and disseminating training
courses provided by, or made available through, the National Fire
Academy.
D. Beginning September 15, 2014, and continuing on September 15
every following year, OSU FST shall submit an annual report regarding
its programs, activity and accomplishments to the Chair of the Board
of Regents for the Oklahoma Agricultural and Mechanical Colleges, the
President of Oklahoma State University and the Dean of the Oklahoma
State University College of Engineering, Architecture and Technology.
E. Nothing in this section shall be construed to divert funding
from one entity to another. Nothing in this section shall be
construed to limit, preclude or exempt an organization, agency or
local department from delivery of training; development, adoption or
dissemination of training curriculum or materials; participation in a
State Fire Marshal Commission certification program based on an
Oklahoma state-specific standard adopted or approved by the State
Fire Marshal Commission; or issuance of a certificate of completion
of training.
Added by Laws 2013, c. 220, § 1, eff. Nov. 1, 2013. Amended by Laws
2017, c. 232, § 5, eff. July 1, 2017.
§70-3402. Oklahoma Panhandle State College of Agriculture and
Applied Science.
The state educational institution located at Goodwell shall
continue at the same location and its official name shall be Oklahoma
Panhandle State College of Agriculture and Applied Science.
Laws 1965, c. 396, § 402; Laws 1967, c. 172, § 1.
§70-3402.1. Oklahoma Panhandle State University.
Panhandle State College, located at Goodwell, Oklahoma, is hereby
officially named and shall be designated in all future references as
"Oklahoma Panhandle State University."
Laws 1974, p. 722, S.J.R.No.27, § 6.
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§70-3403. Langston University.
The state educational institution located at Langston, known and
designated as Langston University at Langston, shall continue at the
same location and its official name shall be Langston University.
Laws 1965, c. 396, § 403.
§70-3404. Cameron College.
The state educational institution located at Lawton, heretofore
known and designated as Cameron State Agricultural College at Lawton,
and subsequently as Cameron State Agricultural College, shall
continue at the same location and its official name shall be Cameron
College.
Laws 1965, c. 396, § 404; Laws 1971, c. 68, § 1, emerg. eff. April
12, 1971.
§70-3404.1. Cameron University.
Cameron College, located at Lawton, Oklahoma, is hereby
officially named and shall be designated in all future references as
"Cameron University."
Added by Laws 1974, S.J.R. No. 27, p. 722, § 9.
§70-3404.2. Cameron University - Transfer of governance,
supervision, management and control.
Acting pursuant to the power conferred by Section 2 of Article
13A of the Oklahoma Constitution to determine the functions and
courses of study in each of the institutions in the State System, the
Oklahoma State Regents for Higher Education have determined that the
primary mission of Cameron University is no longer agricultural and
mechanical; therefore the governance, supervision, management and
control of Cameron University is hereby transferred from the Board of
Regents for Oklahoma Agricultural and Mechanical Colleges to the
Board of Regents for the University of Oklahoma and Cameron
University, and all property, assets and obligations of Cameron
University and any and all obligations of the Board of Regents for
Oklahoma Agricultural and Mechanical Colleges for and on behalf of
Cameron University are hereby transferred to the Board of Regents for
the University of Oklahoma and Cameron University. Obligations for
any and all plans for tenure or retirement of employees of Cameron
University, either through Cameron University or the Board of Regents
for Oklahoma Agricultural and Mechanical Colleges, shall be assumed
by the Board of Regents for the University of Oklahoma and Cameron
University.
Added by Laws 1992, c. 308, § 10, eff. June 1, 1992.
§70-3404.3. Cameron University – Branch campus at Duncan – Resident
college credit courses and programs.
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A. The Oklahoma State Regents for Higher Education shall make
resident college credit courses and programs available to the people
of Duncan.
B. The Oklahoma State Regents for Higher Education shall make
lower and upper division classes and programs and graduate classes at
the Masters level through a branch of Cameron University, which shall
be established and located in Duncan. The branch campus of Cameron
University shall be governed by the Board of Regents for the
University of Oklahoma and administered through Cameron University.
The Duncan Economic Development Trust Authority shall provide
suitable existing facilities to accommodate the branch at Duncan.
The Oklahoma State Regents for Higher Education may provide resources
to Cameron University to maintain and operate the branch campus in
Duncan in accordance with its function and mission as provided by
law.
Added by Laws 2004, c. 268, § 1, eff. July 1, 2004.
§70-3405. Connors State College.
The state educational institution located at Warner shall
continue at the same location and its official name shall be Connors
State College.
Added by Laws 1965, c. 396, § 405, eff. July 1, 1965. Amended by
Laws 1967, c. 172, § 2; Laws 2002, c. 194, § 3, eff. July 1, 2002.
§70-3405.1. Muskogee branches - Connors State College of Agriculture
and Applied Science - Northeastern State University.
A. The Oklahoma State Regents for Higher Education shall make
resident college credit courses and programs available to the people
of Muskogee.
B. The Oklahoma State Regents for Higher Education shall provide
lower division classes and programs through a branch of Connors State
College, which shall be established and located in Muskogee. The
branch campus of Connors State College shall be governed by the Board
of Regents for the Oklahoma Agricultural and Mechanical Colleges and
administered through Connors State College.
C. The Oklahoma State Regents for Higher Education shall provide
upper division classes and programs and graduate classes at the
Masters level through a branch of Northeastern State University,
which shall be established and located at Muskogee. The branch
campus of Northeastern State University shall be governed by the
Board of Regents of Oklahoma Colleges and administered through
Northeastern State University.
Added by Laws 1988, c. 121, § 1. Amended by Laws 2002, c. 194, § 4,
eff. July 1, 2002.
§70-3406. Repealed by Laws 1972, c. 150, § 5, eff. April 7, 1972.
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§70-3407. Murray State College.
The state educational institution located at Tishomingo shall
continue at the same location and its official name shall be Murray
State College.
Wherever the laws of this state refer to such institution as
Murray State Agricultural College or Murray State College of
Agriculture and Applied Science or Murray State College of
Technology, or any other name, the reference shall be deemed to be to
Murray State College. Greater emphasis, rather than predominant
emphasis, to technical education shall be the object of the study
made by the Oklahoma State Regents for Higher Education under the
following section (3407.1) to determine the feasibility of changes in
the functions of Murray State College.
Laws 1965, c. 396, § 407; Laws 1967, c. 172, § 4; Laws 1972, c. 157,
§ 1, emerg. eff. April 7, 1972.
§70-3407.1. Murray State College of Technology - Proclamation.
The Oklahoma State Regents for Higher Education shall make a
study to determine the feasibility of changing the functions of
Murray State College of Agriculture and Applied Science to give
predominant emphasis to technical education while retaining the
normal two-year junior college academic program. If the State
Regents determine that the change should be made, they shall issue a
proclamation declaring the change in the functions of the college and
specifying the effective date. Thereafter, the official name of the
college shall be Murray State College of Technology; there shall be
created a Board of Regents of Murray State College of Technology as
provided in Section 2 of this act; and all governing control of and
property, assets and obligations of the Murray State College of
Agriculture and Applied Science shall be transferred to the Board of
Regents of the Murray State College of Technology. Copies of the
proclamation shall be filed with the Governor, the Secretary of
State, and the Secretary of the Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges.
Laws 1971, c. 128, § 1, emerg. eff. May 5, 1971.
§70-3407.2. Board of Regents.
A. The Board of Regents of Murray State College of Technology
shall consist of seven (7) members appointed by the Governor, by and
with the advice and consent of the Senate. The regular term of each
member shall be seven (7) years, except that the initial appointments
shall be for lesser terms so that the term of only one member shall
expire each year.
B. The Board of Regents of Murray State College of Technology
shall be a body corporate, and shall adopt and use an official seal.
It shall annually elect a chairman, a vice chairman, and a secretary,
each of whom shall serve for a term of one (1) fiscal year and until
*+,-11'121#+,, .;$
his successor is elected and qualified, and who shall perform such
duties as the Board directs. The Board shall adopt rules and
regulations as it deems necessary for the governing of the Board and
the discharge of its duties, and shall cause to be kept the minutes
of all meetings and transactions considered at each meeting, in a
suitable book to be obtained and kept for such purpose. The Board of
Regents of Murray State College of Technology shall be the governing
board of the College and shall have the supervision and management
thereof and shall have the same powers and duties as governing boards
of other institutions in The Oklahoma State System of Higher
Education, and may do all things necessary or convenient to make the
College effective for the purpose for which it is operated.
Laws 1971, c. 128, § 2, emerg. eff. May 5, 1971; Laws 1980, c. 159, §
25, emerg. eff. April 2, 1980.
§70-3407.3. Designation and description of property of Murray State
College.
A. The following described state property shall be the property
of Murray State College:
Four acres of land out of the S1/2 of SW1/4 of NE1/4 of Section
9, Township 4 South, Range 6 East, described as follows, to-wit:
Beginning at a point on the West line of Murray Avenue of Murray
College Addition to the Town of Tishomingo, Oklahoma, where said
Avenue crosses or intersects the North line of that tract belonging
to the State of Oklahoma as the site for the Murray State School of
Agriculture, and extending South a distance of 210 feet; thence West
420 feet; thence North 210 feet; thence East 420 feet to the point of
beginning, containing 2 acres, more or less.
Also a tract of land described as follows, to-wit: Beginning at
a point on the East line of Murray Avenue of Murray College Addition
to the Town of Tishomingo, Oklahoma, where said Avenue crosses or
intersects the North line of that tract belonging to the State of
Oklahoma, as the site for the Murray State School of Agriculture, and
extending South a distance of 210 feet; thence East 420 feet; thence
North 210 feet; these (thence) West 420 feet to the point of
beginning, containing 2 acres, more or less,
and containing 4 acres, more or less, according to the United
States survey, in both of said tracts;
together with the two dormitories, the furniture therein and all
appurtenances thereunto belonging.
B. The Office of Management and Enterprise Services shall
implement a transfer from the State of Oklahoma to Murray State
College of any property described in subsection A of this section
that, on the effective date of this act, is not the property of
Murray State College.
Added by Laws 1999, c. 77, § 1. Amended by Laws 2012, c. 304, § 633.
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§70-3408. Northeastern Oklahoma Agricultural and Mechanical College.
The State Educational Institution located at Miami, known and
designated as Northeastern Oklahoma Agricultural and Mechanical
College at Miami, shall continue at the same location and its
official name shall be Northeastern Oklahoma Agricultural and
Mechanical College.
Laws 1965, c. 396, § 408.
§70-3409. Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges - Eligibility, appointment and terms of members -
Removal - Vacancies.
(a) The Board of Regents created by Section 31a, Article 6,
Oklahoma Constitution, shall be known as the Board of Regents for the
Oklahoma Agricultural and Mechanical Colleges. It shall consist of
nine (9) members, one of whom shall be the President of the State
Board of Agriculture, the remaining eight members to be appointed by
the Governor, by and with the advice and consent of the Senate.
Provided, that persons now serving on such Board shall be members of
and shall continue to serve on the Board for the terms for which they
were appointed.
(b) Appointments shall be to numbered positions on the Board,
and the terms of members of the Board shall be, as follows:
(1) Position No. 1. Effective April 5, 1990, the term of office
of one member shall expire on the 4th day of April, 1998, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of this state.
(2) Position No. 2. Effective April 5, 1991, the term of office
of one member shall expire on the 4th day of April, 1999, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of the Second Congressional District.
(3) Position No. 3. Effective April 5, 1992, the term of office
of one member shall expire on the 4th day of April, 2000, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of this state.
(4) Position No. 4. Effective April 5, 1993, the term of office
of one member shall expire on the 4th day of April, 2001, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of the First Congressional District.
(5) Position No. 5. Effective April 5, 1994, the term of office
of one member shall expire on the 4th day of April, 2002, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of the Fifth Congressional District.
*+,-11'121#+,, .;$$
(6) Position No. 6. Effective April 5, 1995, the term of office
of one member shall expire on the 4th day of April, 2003, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of this state.
(7) Position No. 7. Effective April 5, 1996, the term of office
of one member shall expire on the 4th day of April, 2004, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of the Third Congressional District.
(8) Position No. 8. Effective April 5, 1997, the term of office
of one member shall expire on the 4th day of April, 2005, and each
eight (8) years thereafter, and the member shall be, and shall have
been for not less than five (5) years prior to appointment, a
resident and elector of the Fourth Congressional District.
(9) Position No. 9. This position shall be occupied by the
President of the State Board of Agriculture.
However, when congressional districts are redrawn, each member
appointed prior to July 1 of the year in which such modification
becomes effective shall complete the current term of office and
appointments made after July 1 of the year in which such modification
becomes effective shall be based on the redrawn districts. Any
member whose named congressional district has been removed due to
redistricting shall be appointed from the state at large.
(c) A majority of the members appointed by the Governor shall be
farmers, who are actually engaged in farming and/or livestock growing
as their principal business or occupation in earning a livelihood;
and no state, national or county officer shall be appointed as a
member of the Board until two (2) years after tenure as such officer
has ceased.
(d) No member of the Board of Regents shall be employed upon any
work to be performed in connection with any of the Agricultural
Colleges or Oklahoma State University of Agriculture and Applied
Science, nor shall any member of said Board enter into any contract
or business dealings with any of said Agricultural Colleges, in the
way of buying, selling or exchanging livestock, or any other business
transactions involving a financial consideration.
(e) Members of the Board shall be removable only for cause, as
provided by law for this removal of officers not subject to
impeachment.
(f) Vacancies on the Board shall be filled by the Governor, for
the unexpired term, by and with the advice and consent of the Senate.
Added by Laws 1965, c. 396, § 409, eff. July 1, 1965. Amended by
Laws 1989, c. 281, § 11, operative July 1, 1989; Laws 2002, c. 375, §
20, eff. Nov. 5, 2002; Laws 2003, c. 229, § 6, emerg. eff. May 20,
2003.
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§70-3410. Board of Regents for Oklahoma Agricultural and Mechanical
Colleges - Oaths - Travel expenses.
(a) Each member of the Board of Regents for Oklahoma Agricultural
and Mechanical Colleges shall take and subscribe to the oaths
required of state officials generally.
(b) Each member of the Board shall be allowed necessary travel
expenses, as may be approved by the Board pursuant to the State
Travel Reimbursement Act.
Amended by Laws 1985, c. 178, § 61, operative July 1, 1985.
§70-3411. Board of Regents for Oklahoma Agricultural and Mechanical
Colleges - Body corporate - Official seal - Officers - Terms and
duties of officers - Proceedings.
(a) The Board of Regents for Oklahoma Agricultural and Mechanical
Colleges shall be a body corporate and shall adopt an official seal,
which shall be attached to all official documents issued by the Board
and all contracts entered into by the Board.
(b) The Board of Regents shall annually elect from its membership
a Chairman, a Vice Chairman, and a Secretary, each of whom shall
serve for a term of one (1) fiscal year, and who shall have such
powers and duties as may be prescribed by the Board. The Board shall
adopt such rules and regulations as it deems necessary to govern its
proceedings and the conduct of its business. The Secretary of the
Board shall keep minutes of all meetings and all transactions
considered at such meetings, and it shall not be necessary that the
Secretary be a member of the Board.
Laws 1965, c. 396, § 411; Laws 1980, c. 159, § 26, emerg. eff. April
2, 1980.
§70-3412. Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges - Powers and duties.
The Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges shall have the supervision, management and control of
Oklahoma State University, Panhandle State University, Langston
University, Connors State College, and Northeastern Oklahoma
Agricultural and Mechanical College; and shall have the following
additional powers and duties:
1. Adopt such rules and regulations as it deems necessary to
govern each of the institutions under its jurisdiction;
2. Employ and fix the compensation and duties of such personnel
as it deems necessary, including architects, attorneys, engineers,
and other professional and technical persons deemed necessary by the
Board, for its operation and for the operation of the institutions
under its jurisdiction. Any of such personnel having custody of
public funds or other public property may be required to furnish
corporate surety bonds in such amounts as may be deemed necessary by
*+,-11'121#+,, .;$
the Board, payable to the State of Oklahoma and conditioned upon a
faithful accounting of all such funds and property;
3. Enter into contracts, purchase supplies, materials and
equipment, and incur such other expenses as may be necessary to make
any of its powers effective;
4. Authorize officials at the several institutions under its
jurisdiction to act in its behalf in the making of contracts, or in
carrying out the powers conferred upon it;
5. Receive and make disposition of monies, grants and property
from federal agencies, and administer the same in accordance with
federal requirements;
6. Accept gifts of real and personal property, money and other
things, and use or dispose of the same in accordance with the
directions of the donors or grantors thereof;
7. Direct the disposition of all monies appropriated by the
Legislature or by the Congress or derived from the sale of bonds or
received from any other source by institutions under its
jurisdiction;
8. Acquire and take title to real and personal property in its
name, on behalf of any of the institutions under its jurisdiction,
and convey, exchange or dispose of, or otherwise manage or control,
such property in the interest of such institutions, including the
granting of leases, permits, easements and licenses over or upon any
such real property. The Board shall have the power to institute any
legal action in the name of the Board before any court having
jurisdiction of such actions. The Board shall have the custody and
control of abstracts of title and instruments affecting the ownership
of or title to real property belonging to the Board, and being held
by the Board on behalf of a particular state educational institution;
9. Have supervision and charge of the construction of all
buildings at the institutions under its jurisdiction;
10. Determine the need for and cause to be constructed,
dormitories and other buildings, on a self-liquidating basis, at any
institution under its jurisdiction;
11. Establish and maintain plans for tenure and retirement of
employees of the Board and of the institutions under its
jurisdiction, and for payment of deferred compensation of such
employees; and provide hospital and medical benefits, accident,
health and life insurance, and annuity contracts, for such employees
and their dependents. The Board may pay for all or a part of the
cost for employees thereof with funds available for the operation of
the institution. Amounts payable by an employee for such insurance
or annuity contracts may, with the consent of the employee, be
deducted from the employee’s salary;
12. The Board shall cause a complete inventory to be made of all
properties belonging to each of the agricultural colleges or
universities within the State of Oklahoma before the last Monday in
*+,-11'121#+,, .;$)
December, next preceding each biennial session of the State
Legislature, and accompanying the inventories shall be a financial
statement showing in detail the condition of all funds appropriated
for the use of the agricultural colleges and experimental stations,
also the money expended and the purposes for which the same were
expended and the condition of the institution; and, the results of
experiments carried on, together with their recommendations
concerning remedial legislation or rules for the betterment of the
institution;
13. The Board shall audit all accounts against the funds
appropriated for the use and maintenance of the Oklahoma State
University and the other state agricultural colleges, including
experimental stations, and the State Treasurer shall issue a warrant
for the amount of all accounts, including salaries and expenses;
14. Provide penalties and forfeitures by way of damages and
otherwise for the violation of rules of the Board, which may be sued
for and collected in the name of the Board before any court having
jurisdiction of such actions;
15. The Legislature further recognizes and confirms, that the
Oklahoma State University is an institution corporate under the
constitution and statutes of Oklahoma with full power and authority,
acting through its constitutional Board of Regents, to do all things
necessary or convenient to accomplish the corporate objects of the
institution, and the institution, acting through its constitutional
Board of Regents, is hereby recognized to be such public corporation
and to have such powers; and
16. Issue, on behalf of Oklahoma State University, special and
limited obligations for purposes of such capital projects as the
Regents may deem to be proper.
Without limiting the generality of the foregoing, the powers of
the board of regents to control and use monies accruing to the
institutions under their jurisdiction and control, from nontax
sources, including institutional earnings, and proceeds of sales of
surplus properties heretofore authorized to be sold, and revenues
derived by way of bonuses and rentals from oil and gas leases, for
any lawful institutional purpose, is hereby specifically confirmed.
The enumeration herein of certain powers and immunities of the
Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges shall not be construed as in derogation or as a limitation
of other powers and immunities properly belonging to the Board by
virtue of any provisions of the Constitution of Oklahoma or of any
provision of law. The Board, is hereby, expressly granted every
power necessary or convenient to make institutions under its
jurisdiction effective for the purposes for which they were created
and are maintained and operated.
Nothing in this section shall be construed as in derogation of
the constitutional powers and responsibilities of the Board of
*+,-11'121#+,, .;$!
Regents for the Oklahoma Agricultural and Mechanical Colleges, acting
as the Board of Regents for Connors State College, Northeastern
Oklahoma Agricultural and Mechanical College, Panhandle State
University, and Langston University.
Added by Laws 1965, c. 396, § 412, eff. July 1, 1965. Amended by
Laws 1979, c. 47, § 83, emerg. eff. April 9, 1979; Laws 1992, c. 308,
§ 13, eff. June 1, 1992; Laws 1998, c. 364, § 25, emerg. eff. June 8,
1998; Laws 2002, c. 194, § 5, eff. July 1, 2002; Laws 2005, c. 2, §
15, emerg. eff. March 31, 2005; Laws 2005, c. 218, § 15, emerg. eff.
May 24, 2005.
§70-3413. Experimental stations and projects - Assent to federal
acts.
The Board of Regents for Oklahoma Agricultural and Mechanical
Colleges may operate agricultural experiment stations, and shall
receive federal funds and comply with federal requirements for such
purposes; and may continue to operate all such experiment stations in
existence when this Code becomes effective. As specifically provided
herein the State of Oklahoma assents to and accepts the provisions of
acts of Congress providing funds, services, and property to states
for the purpose of establishing or operating such experimental
stations, and the Board of Regents may enter into agreements with
federal agencies for such purposes.
(a) The agricultural experiment station established in connection
with the Oklahoma State University of Agriculture and Applied Science
under the Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges shall be operated for the purpose of conducting
experiments in agriculture according to the terms of the acts of
Congress establishing agricultural colleges and universities and
experimental stations, and any rules and regulations promulgated
under authority granted in the aforesaid federal acts.
(b) The provisions of an Act of Congress, entitled "An Act to
establish agricultural experimental stations in connection with the
colleges established in the several states" under the provisions of
an Act approved July second, eighteen hundred and sixty-two, chapter
314, and the acts supplementary thereto, approved March second,
eighteen hundred and eighty-seven, and as amended by the Act, August
11, 1955, chapter 790, Public Law 84-352, and any other federal
authorizations providing federal funds to state experiment stations,
are accepted by the State of Oklahoma; and the state hereby agrees
and obligates itself to comply with all the provisions of said acts,
and any rules and regulations promulgated under authority granted in
the aforesaid federal acts.
(c) The assent of the Legislature of Oklahoma is hereby given, in
pursuance of the requirements of Section Nine of the Act of Congress,
approved March 2, 1887, and amended August 11, 1955, to the grants of
money therein made, and to the establishing of an experimental
*+,-11'121#+,, .;$
station, in accordance with Section One of both Acts, and assent is
hereby given to carry out all and singular provisions of all these
Acts of Congress. The Board of Regents for the Oklahoma Agricultural
and Mechanical Colleges acting for and on behalf of the Oklahoma
State University of Agriculture and Applied Science is hereby
authorized and empowered to receive the grants of monies appropriated
under said Acts for the use and benefit of the State Experiment
Station of the Oklahoma State University of Agriculture and Applied
Science, and to use them in accordance with the terms and conditions
expressed in the Acts of Congress, aforesaid, and any rules and
regulations promulgated under authority granted in the aforesaid
federal acts.
Laws 1965, c. 396, § 413.
§70-3414. Soil experiment stations.
(a) The Board of Regents of Oklahoma Agricultural and Mechanical
College, Stillwater, Oklahoma, and the Experiment Station of the
Oklahoma State University of Agriculture and Applied Science, are
authorized to establish soil experiment stations; one to be located
in the sandy land area of southwestern Oklahoma and easily accessible
to a public highway and one to be located in the hilly area of east
central Oklahoma, the specific locations of both to be designated by
the Director of the Oklahoma Agricultural Experiment Station. Monies
hereinafter authorized and appropriated to carry out the purposes of
this Act shall be available for the purchase of land, construction
and repair of improvements thereon, purchase of machinery, equipment,
and to cover any other necessary costs of operations of the stations
herein authorized to be established.
(b) Upon the establishment of the stations the Board of Regents
for the Agricultural and Mechanical Colleges shall be authorized
hereby to request and receive cooperation and assistance of the
United States and any of its agencies, and of agencies of this state,
in carrying out the work to reach the objectives of the stations, and
to accept donations, grants, gifts, and contributions, in money,
land, services, or otherwise, from the United States or any of its
agencies, or from the state or any of its agencies, and to accept
contributions from nongovernmental organizations or persons in order
to carry out the purposes of this act.
(c) Such experiment stations now established or established after
the effective date of this act shall be operated under the direction
and supervision of Oklahoma State University of Agriculture and
Applied Science, and the experiments carried on thereat shall be
designed to determine the most practical means of restoring the
desirable physical properties of the soil to the end of reclaiming
and putting into profitable production the depleted soils of
Oklahoma, giving special attention to the various types of soil.
Research shall be made as to the long time effect of deep-plowing,
*+,-11'121#+,, .;$"
determination of types and rates of fertilizers adaptable to the soil
of Oklahoma, coordinated with practical legume rotations for soil
improvement, and determination of fertilizers and crops adaptable to
the areas and any other studies that will aid in the development of
Oklahoma agriculture.
Laws 1965, c. 396, § 414.
§70-3415. Greenhouse Research Fund - Agricultural Products Fund -
Pecan research.
(a) The fund now existing in the State Treasury and known as the
Oklahoma State University of Agriculture and Applied Science,
Agricultural Research Greenhouse Fund shall continue in operation
with the same name. Said fund shall continue to consist of all
revenues, gifts, donations and endowments accruing to the credit of
Oklahoma State University of Agriculture and Applied Science from the
wheat and small grains industry or other private endowments. Revenue
deposited in said fund is hereby appropriated and the fund shall be
of a continuing nature and not subject to fiscal year limitations.
(b) It is the intent of the Legislature that the fund specified
in this section shall be used by Oklahoma State University of
Agriculture and Applied Science for the payment of all necessary
expenses including personal services, purchase of equipment and other
capital outlay necessary in sponsoring, erecting, constructing and
maintaining an agricultural research greenhouse on the farm of the
Oklahoma State University of Agriculture and Applied Science.
(c) Upon certification by the director of said agricultural
experiment station that Fifty Thousand Dollars ($50,000.00) has been
made available by the wheat and small grains industry of Oklahoma or
by private endowment, the State Budget Director is hereby authorized
to cause to be made a transfer of funds from the General Revenue Fund
to the Oklahoma State University Agricultural Research Greenhouse
Fund created by Section 415(a) of this act.
(d) The fund previously created for the use of the Oklahoma
Agricultural Research Station and known as the Oklahoma Agricultural
Products Research Fund shall continue in operation and shall consist
of any monies appropriated by the Legislature and any funds received
by gift or from the federal government to be used for the purpose
specified herein.
The proceeds of the fund authorized to be appropriated by the
provisions of this act, and any funds received by gift or from the
federal government to be used for the purpose provided in this
section shall be expended by the Oklahoma State University
Agricultural Experiment Station for research and development of new,
additional, and improved uses for agricultural products. The
experiment station shall have power and authority, within the limits
of the funds available to it, to coordinate and expedite activities
toward research.
*+,-11'121#+,, .;$
The Director of the Oklahoma Agricultural Experiment Station is
hereby authorized and empowered to acquire title on behalf of the
State of Oklahoma to any patent or patents resulting from research
projects conducted with funds of the Oklahoma Agricultural Products
Research Fund, as herein provided.
The Director of the Oklahoma Agricultural Experiment Station,
with the approval of the Governor, is hereby authorized and empowered
to grant licenses or otherwise dispose of any patents resulting from
research conducted with funds of the Oklahoma Agricultural Products
Research Fund on a basis deemed by him to be most favorable to the
State of Oklahoma.
Any royalties or other income derived from the licensing, sale,
or use of any patent or patents resulting from research projects
conducted with funds of the Oklahoma Agricultural Products Research
Fund shall be paid into the Oklahoma Agricultural Products Research
Fund to be used for the purposes of the Oklahoma Agricultural
Products Research Fund.
(e) The pecan experiment station previously established in
Lincoln County, Oklahoma, shall continue in operation and be known by
the same name. It shall be devoted to the improvement of the grade
and amount of production of pecans in Oklahoma.
Said experiment station shall continue to be operated under the
direction and supervision of the Oklahoma State University of
Agriculture and Applied Science. Authorization is granted to the
Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges for the acquisition or improvement of lands, or the
acquisition of any other property necessary for the station.
Added by Laws 1965, c. 396, § 415, eff. July 1, 1965. Amended by
Laws 1973, c. 124, § 1, emerg. eff. May 7, 1973.
§70-3416. Langston University experiment station.
Langston University, located at Langston, Oklahoma, is hereby
authorized to devote and use all or any part of suitable farm lands
belonging to or leased or rented by said institution in the
establishment of and conducting and carrying on an agricultural
experiment station for the purpose of conducting experiments in
agriculture. It is further provided that said station shall be
maintained in cooperation with the Oklahoma State University of
Agriculture and Applied Science of the State of Oklahoma in
accordance with the terms of the Acts of Congress establishing
agricultural colleges or universities and experiment stations.
The authority herein granted shall be construed to be
supplemental to and in conformity with Section 403 of this Code and
other applicable statutes under which said Langston University of the
State of Oklahoma was created and established and to carry into full
and complete effect the purpose and intent of said statutes. In
recognition of the designation of Langston University as an
*+,-11'121#+,, .;(
agricultural research institution by federal and state law, and as an
institution offering graduate programs by the Oklahoma State Regents
for Higher Education, it is the intent of the Legislature that the
State Regents for Higher Education provide the appropriate funding to
enable Langston University to fulfill its role in agricultural
research as provided for in this section.
The Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges shall name a director of said experiment station who shall
have charge and supervision thereof, and said Board of Regents for
the Oklahoma Agricultural and Mechanical Colleges shall provide rules
and regulations for the maintenance and operation of said station.
Provided, all of such rules and regulations and the management of
said station shall be in coordination with and pursuant to the plan
and requirements of the Board of Regents in its operation and conduct
of agricultural experiments as now conducted at Oklahoma State
University of Agriculture and Applied Science.
Amended by Laws 1988, c. 89, § 1.
§70-3417. Agricultural research - Northeastern Oklahoma Pasture
Improvement Program - Anaplasmosis - General research.
(a) The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges, Stillwater, Oklahoma, and the Extension Division
of the Oklahoma State University of Agriculture and Applied Science
are hereby authorized to establish and promote a pasture program to
be known as "Northeastern Oklahoma Pasture Improvement Program": to
be located within the various counties of Northeastern Oklahoma and
to be designated by the Director of the Oklahoma Agricultural
Extension Division. Monies hereinafter authorized and appropriated
to carry out the purpose of this section shall be available for the
purchase of machinery, equipment, supplies and to cover rentals or
any other necessary costs of operation of the program herein
authorized.
In order to control the development of said pasture program the
Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges are authorized to enter into lease agreements with land
owners for such period of time as may be necessary to establish a
completed program, provided, however, any lease payment to any
individual land owner shall not exceed One Dollar ($1.00) per acre
per year for tract so leased.
The Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges are authorized hereby to request and receive cooperation and
assistance of the United States and any of its agencies, and of
agencies of this state, in carrying out the work to reach the
objectives of the program and to accept donations, grants, gifts, and
contributions, in money, land, services or otherwise, from the United
States and any of its agencies, or from the state or any of its
agencies, and to accept contributions from nongovernmental
*+,-11'121#+,, .;(
organizations or persons in order to carry out the purposes of this
section.
Said pasture program shall be operated under the direction and
supervision of the Oklahoma State University of Agriculture and
Applied Science and the programs carried on shall be designed to
determine the most practical means of restoring the desirable
physical properties of pasture land, to the end of reclaiming and
putting into profitable production said pasture land of Northeastern
Oklahoma, giving special attention to the various types of grasses
and legumes.
(b) The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges and the Experiment Station is authorized and
directed to make extensive and intensive research to discover
treatment or agent to immunize and/or to prevent anaplasmosis.
In order to carry out the purpose and provisions of this section,
contributions from persons, firms and corporations may be accepted to
carry on research and purchase equipment and materials for this
needed purpose. The Board is authorized to employ personnel and to
purchase equipment and materials necessary to make whatever research
the Board deems advisable to accomplish the purposes of this act.
Laws 1965, c. 396, § 417.
§70-3418. Agricultural extension work - Farm and home demonstration
agents - Cooperative agreement.
The Board of Regents for Oklahoma Agricultural and Mechanical
Colleges shall organize and conduct agricultural extension work under
the direction of Oklahoma State University, and may accept federal
funds for such purpose and comply with federal laws providing for
cooperative agricultural extension work as follows:
1. The provisions of an Act of Congress entitled, "An Act to
provide for cooperative agricultural extension work between the
agricultural colleges in the several states receiving the benefits of
the Act of Congress approved July 2, 1862, and of Acts supplemental
thereto, and the United States Department of Agriculture", approved
by the President May 8, 1914, as amended by Public Law 83-83, June
26, 1953, and Public Law 84-360, August 11, 1955, and any other
federal authorizations providing federal money to State Extension
Divisions, are hereby accepted by the State of Oklahoma; and the
state hereby agrees and obligates itself to comply with all the
provisions of said Acts and assents to the receipt of grants of money
authorized by the Acts, paid annually to each state which by the
action of its Legislature has assented to the provisions of the
aforesaid Acts;
2. The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges acting for and on behalf of Oklahoma State
University is hereby authorized to receive the grants of money
appropriated under said Acts, and to organize and conduct
*+,-11'121#+,, .;($
agricultural extension work, which shall be carried on in connection,
and under the direction of Oklahoma State University in accordance
with the terms and conditions expressed in the Acts of Congress
aforesaid, any other Acts supplemental thereto, or any rules and
regulations promulgated under authority granted in the aforesaid
federal acts;
3. Subject to approval of the board of county commissioners'
annual estimate of needs by the excise board, the board of county
commissioners of the respective counties of the state shall contract
and agree with the Department of Agriculture of the United States of
America and Oklahoma State University, or with the authorized agent
or agents of said Department of Agriculture and said University, to
cooperate with the Department of Agriculture and the University in
conducting farm demonstration work and home demonstration work
including 4-H club work in their respective counties under such rules
and regulations as may be prescribed jointly by the Department of
Agriculture and Oklahoma State University. Such agreement shall be
in writing, signed by the members of the board of county
commissioners and the authorized agent of the United States
Department of Agriculture and Oklahoma State University, and may be
entered into at any regular or adjourned session of said board, after
the 30th day of June of each year. The board of county
commissioners shall provide an adequate amount in their annual
estimate of needs for the ensuing year to carry out the provisions of
such contract, same to be included in the salary fund and expense
fund to be paid on order of the board of county commissioners to such
workers as may be agreed upon between said board of county
commissioners and the authorized agent of the Department of
Agriculture and the University to carry on said farm demonstration
work and home demonstration work in said county; and
4. The Extension Division of Oklahoma State University at
Stillwater, Oklahoma, is hereby designated the official agency of the
State of Oklahoma to sponsor, establish, develop and execute a
program of artificial insemination for the benefit of the livestock
industry of the state, and said Extension Division is hereby
authorized and directed to sponsor and conduct such program.
In order to carry out the purpose and provisions of this section,
contributions from persons, firms and corporations may be accepted to
carry on such work, purchase purebred sires, equipment and materials,
and to defray legitimate expenses of every kind and character
connected with such work, including the purchase of land and the
acquisition or construction of capital improvements. Said Extension
Division is hereby expressly granted every power and authority
reasonably necessary or convenient for the carrying out and
administering the program herein authorized and directed, including
the authority to employ trained personnel and to purchase needed
purebred dairy and other sires, equipment, materials and all things
*+,-11'121#+,, .;((
necessary, including the purchase of land and the acquisition or
construction of capital improvements, and including the making of
necessary contracts, within the limits of available funds, to
accomplish the purposes of this section.
Amended by Laws 1984, c. 112, § 1, emerg. eff. April 9, 1984.
§70-3419. Contributions for agricultural research and extension.
The purpose of this section is hereby declared to be that of
permitting and encouraging the agricultural industry of the State of
Oklahoma to contribute, on a voluntary basis, to the support and
expansion of agricultural research on behalf of such industry and on
behalf of all of the citizens of the state, through the Oklahoma
Agricultural Experiment Station, and to the support and expansion of
the programs of the Oklahoma Agricultural Extension Division.
To effectuate the purpose recited in this section, any
agricultural organization, association and corporation in the state,
including agricultural cooperatives, and the producers of any
specific commodity through a referendum of members, is hereby
expressly authorized and empowered, through appropriate formal
action, to contribute to the support and expansion of agricultural
research through the Oklahoma Agricultural Experiment Station, and to
the support and expansion of the programs of the Oklahoma
Agricultural Extension Division, in either of the following ways:
(1) Through direct donation or dedication of money, lands or
other things of value from the assets of the organization,
association or corporation.
(2) Through the assessment and collection of an agricultural
research fee upon sales of the agricultural products of the members
of any such organization, association, or corporation, or the
producers of any specific commodity through a referendum of members,
to be fixed in an amount, and collected at the time and in the manner
specified in a formal order or resolution duly passed and adopted by
any such organization, association or corporation, or the producers
of any specific commodity through a referendum of members. Any
monies made available under the provisions of this section shall be
deposited in the State Treasury to the credit of the Board of Regents
for the Oklahoma Agricultural and Mechanical Colleges, kept in a
separate fund, and used solely for the purposes stated in this
section. The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges shall allocate said funds between the Oklahoma
Agricultural Experiment Station and the Oklahoma Agricultural
Extension Division in a manner, according to the judgment of said
Board, which will best effectuate the purposes of this section.
Provided, however, that any organization, association or corporation,
or the producers of any specific commodity through a referendum of
members, as defined in this section, may designate the use to be made
*+,-11'121#+,, .;(
of the money, real property or other things of value which it may
dedicate for the purposes of the section, not in conflict with law.
The State Treasurer is hereby directed and authorized to issue
warrants upon the State Treasury against the funds made available
under the terms of this section, for such amounts as he may from time
to time find to be due upon audited itemized estimates and claims
which bear the approval of the officials designated by the Board of
Regents for the Oklahoma Agricultural and Mechanical Colleges for
such purpose.
Said Board of Regents may authorize the expenditure of the funds
made available by the terms of this section for any purpose which it
deems necessary or convenient to effectuate the purpose of the
section, including the acquisition of lands or capital improvements,
except where such funds are limited by the terms of the grant, as
hereinabove provided.
All monies collected under the terms of this section and
deposited in the State Treasury, as aforesaid, shall constitute a
continuing fund, shall not be subject to fiscal limitations, and the
unexpended balances shall at all times be available for expenditure
for the purposes, and in the manner and form, provided in this
section. All sums which may become available under the terms of this
section shall be in addition to, and not in substitution for, sums
otherwise appropriated or made available to the Oklahoma Agricultural
Experiment Station or to the Oklahoma Agricultural Extension Division
from any other source.
The title to any property, real and personal, made available
under the terms of this section, shall be taken in the name of the
Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges, and used only for the purposes authorized by the terms of
this section.
Laws 1965, c. 396, § 419; Laws 1979, c. 47, § 84, emerg. eff. April
9, 1979.
§70-3420. Receipt of federal appropriations for the support and
maintenance of Oklahoma Agricultural Colleges.
The Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges shall be fully authorized to receive from the United States
any and all appropriations made for the support or maintenance of
agricultural colleges within the state and shall be authorized to
receipt for the same and shall be chargeable therewith when received
from the United States.
Laws 1965, c. 396, § 420.
§70-3421. Foundation for research and other projects.
The Board may authorize any university or college under its
supervision, management, or control to create and incorporate a
Research Foundation for the purpose of centralizing all research
*+,-11'121#+,, .;()
work, and other projects, and receiving gifts and endowments for
research work, and other projects, and receiving earnings and profits
from any research work, and other projects.
Added by Laws 1965, c. 396, § 421, eff. July 1, 1965.
§70-3422. Education of dependent youths and orphans.
A. In addition to the purposes prescribed by existing law, the
Eastern Oklahoma State College located at Wilburton, Oklahoma, shall
be also maintained as an institution for the care, training and
education of dependent youth and orphans of this state who have
attained the equivalent of a public school educational standing and
who by reason of being dependent, neglected or orphaned may be unable
to be cared for, trained or educated otherwise, and said institution
shall provide necessary or proper care, control, training and
education of all who are granted admission or enrollment therein as
students or wards.
B. In each county of the state, the associate district judge as
chairman, the county superintendent of health, or the medical
director of the county shall constitute a board to determine under
such rules and regulations as may be adopted and prescribed by the
Board of Regents of the said Eastern Oklahoma State College who shall
be eligible to be admitted as students or wards and said board shall
cause proper certificate of eligibility and admission to be prepared,
executed and forwarded to the President of said institution, and
under such rules, regulations and conditions as the said Board of
Regents shall adopt, the said President, as soon thereafter as
provisions can be made and facilities are available for the
acceptance and enrollment of said ward, shall notify the chairman of
said board, whereupon it shall be the duty of the said associate
district judge to cause the said ward to be transported to said
institution and upon arrival said ward shall be received and entered
therein as an educational ward of the state, and the President of
said College, under direction of the Board of Regents, shall be and
remain in control of said ward and shall stand and be in similar
relation and control as a parent. The said ward may, for breach of
rules, be expelled, suspended or transferred to one of the State
Training Schools upon order of the President with the approval of two
members of the Board of Regents.
Any child a ward of the state in any of its institutions may be
transferred to said institution for care, training or education, when
the Governor of the state shall so order, provided said child is
physically, mentally or morally eligible.
No child, student or ward shall ever be admitted as a student or
ward in said Eastern Oklahoma State College unless and until it is
definitely determined that said student or ward is free from
contagious or other disease that may be communicable in nature, and a
certificate so showing shall be required before entry. Proper
*+,-11'121#+,, .;(!
precautions shall at all times be observed to protect and safeguard
the health of all students or wards and for said purpose the
President of said institution shall, with the approval of the Board
of Regents, arrange for medical examination, care and treatment of
wards. No ward shall be admitted to said institution who is
incorrigible or who stands convicted of violating any law of this
state unless and until it has been determined by the Board of Regents
of said institution that said ward has earned or merited
classification as a morally upright and deserving ward whose presence
in said institution as a ward will not tend to corrupt or improperly
influence the moral tendencies of other students or wards therein.
For these purposes the Board of Regents of said college shall,
with the approval of the Governor of the state, adopt such rules and
regulations as it may deem proper and necessary for the regulation
and control of the admission of students or wards and for their care
and control after admission.
C. In addition to such courses of instruction as have heretofore
or may now be given, the said college may furnish academic courses in
education together with vocational training of such character as the
Board of Regents may determine to be advisable and necessary for the
proper practical education and training of the students and wards in
said college.
Laws 1965, c. 396, § 422; Laws 1978, c. 244, § 29, eff. July 1, 1978;
Laws 1993, c. 239, § 52, eff. July 1, 1993.
§70-3423. Oklahoma State University College of Osteopathic Medicine
– Merger - Mission.
A. The institution located in Tulsa County and known as the
Oklahoma College of Osteopathic Medicine and Surgery is hereby merged
with and made an agency and an integral part of Oklahoma State
University. The location of the college shall remain in Tulsa
County. On and after the effective date of this act, the official
name of the college shall be the Oklahoma State University College of
Osteopathic Medicine. The Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges shall have the supervision,
management, and governmental control of the college, which shall be
administered by Oklahoma State University. At least one of the two
highest-ranking administrative officers of the college shall be a
doctor of osteopathic medicine.
B. There is hereby created the Oklahoma State University Center
for Health Sciences which shall include the programs of the Oklahoma
State University College of Osteopathic Medicine and may include
other medical and biomedical sciences programs of Oklahoma State
University.
C. Nothing in this act shall be deemed to change the mission,
courses, or programs of Oklahoma State University or to alter the
*+,-11'121#+,, .;(
powers of the Oklahoma State Regents for Higher Education related to
the approval of courses, programs, and institutional missions.
Added by Laws 1988, c. 137, § 3, eff. July 1, 1988. Amended by Laws
1990, c. 257, § 12, emerg. eff. May 23, 1990; Laws 2001, c. 230, § 1,
eff. July 1, 2001.
§70-3424. Advisory Council for College of Osteopathic Medicine of
Oklahoma State University - Legislative intent.
A. It is the intent of the Legislature that the President of
Oklahoma State University appoint members to an Advisory Council for
the Oklahoma State University College of Osteopathic Medicine, such
council members to serve at the pleasure of the President. The
Advisory Council shall have seven (7) members, none of whom shall be
employees of the state or engaged in business with Oklahoma State
University or any agency thereof by means of any contract or business
transaction involving a financial consideration. The appointment of
members shall be made from a list of not less than three names per
member submitted by the Oklahoma Osteopathic Association.
B. It is the intent of the Legislature that the Advisory Council
advise the administrative officers of the college, the administrative
officers of the university, and the Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges regarding the professional
preparation of doctors of osteopathic medicine in the field of
general practice and regarding the general development and
improvement of the Oklahoma State University College of Osteopathic
Medicine as an agency and an integral part of Oklahoma State
University.
C. It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education, in determining the functions, programs
of study, and standards of education of the college, continue to give
emphasis to the preparation of doctors of osteopathic medicine in the
field of general practice.
Added by Laws 1988, c. 137, § 4, eff. July 1, 1988. Amended by Laws
1990, c. 257, § 13, emerg. eff. May 23, 1990; Laws 2001, c. 230, § 2,
eff. July 1, 2001.
§70-3424.1. Oklahoma Rural Health Policy and Research Center -
Mission.
A. There is hereby created the Oklahoma Rural Health Policy and
Research Center at the Oklahoma State University College of
Osteopathic Medicine.
B. 1. The mission of the Oklahoma Rural Health Policy and
Research Center shall be to:
a. improve rural health care delivery in Oklahoma through
the coordination of rural medical education,
telemedicine, research, and health care policy, and
*+,-11'121#+,, .;("
b. establish a process for the following types of
hospitals to request designation as a rural health care
delivery system through the Oklahoma Rural Health
Policy and Research Center:
(1) a rural hospital located in a metropolitan
statistical area, and
(2) a hospital located in an administrative area that
is administratively designated as urban or
nonrural.
2. A hospital located in a metropolitan statistical area or an
area administratively designated as urban or nonrural that requests
designation as a rural health care delivery system shall meet at
least two of the following criteria:
a. be located in a county with a population density of
less than two hundred twenty-five (225) persons per
square mile of land area,
b. be located in a county with a municipality of twenty-
five thousand (25,000) persons or fewer, excluding the
major city designated as urban or nonrural, or
c. be the only hospital located in a county.
Added by Laws 2001, c. 230, § 3, eff. July 1, 2001. Amended by Laws
2005, c. 143, § 1, emerg. eff. May 5, 2005.
§70-3425. George Nigh Rehabilitation Institute - Transfer from
Department of Veterans Affairs.
A. The facility known as the George Nigh Rehabilitation
Institute in Okmulgee, Oklahoma, described as follows: a tract of
land in Section 29, Township 14 North, Range 13 East of the Indian
Meridian, Okmulgee County, Oklahoma, more particularly described as
“Commencing at a point of the North Line of said Section a distance
of 926.00 feet east of the Northwest corner of said Section 29, T14N,
R13E, thence S 00 degrees, 09' 00” W a distance of 868.06 feet,
thence N 89 degrees 50' 40.5” W a distance of 376.00 feet, thence N
00 degrees, 00” E a distance of 300.00 feet, thence N 89 degrees 50'
40.5” W a distance of 350.00 feet to the easterly right of way of
U.S. 75, thence N 00 degrees, 09' 00” E a distance of 150.45 feet,
thence on a curve to the right with a radius of 226.48 feet a
distance of 217.73 feet, thence on a curve to the left with a radius
of 264.63 feet a distance of 254.40 feet, thence N 45 degrees, 00'
00” E a distance of 21.06 feet, thence S 89 degrees, 50' 40.5” E a
distance of 501.11 feet to the point of beginning”, said tract
containing 11.0 acres is hereby transferred from the Oklahoma
Department of Veterans Affairs to the Oklahoma State Regents for
Higher Education to be administered consistent with such rules and
policies of the Oklahoma State Regents for Higher Education and which
shall be subject to the provisions of Section 3 of this act. The
transfer shall include all real property, buildings, furniture,
*+,-11'121#+,, .;(
equipment, supplies, records, personnel, assets, current and future
liabilities, fund balances, encumbrances, obligations, indebtedness,
powers, duties and responsibilities associated with the George Nigh
Rehabilitation Institute.
B. All monies remaining in any funds or accounts in the name of
the George Nigh Rehabilitation Institute or maintained by the
Department of Veterans Affairs for the benefit of the Institute are
transferred to the Oklahoma State Regents for Higher Education and
shall be subject to the provisions of Section 3 of this act.
C. It is the intent of the Legislature that all employees of the
George Nigh Rehabilitation Institute on the effective date of this
act shall be transferred to the Oklahoma State Regents for Higher
Education with retention of pay and benefits, as much as possible,
including longevity, dependent insurance benefits, seniority, rights,
and other privileges or benefits, which may be provided through
contractual arrangement with the Oklahoma Department of Veterans
Affairs as provided for in Section 3 of this act.
Added by Laws 1991, c. 288, § 7, eff. July 1, 1991. Amended by Laws
1992, c. 312, § 2, eff. Sept. 1, 1992; Laws 1999, c. 347, § 1, eff.
July 1, 1999. Renumbered from § 63.18 of Title 72 by Laws 1999, c.
347, § 6, eff. July 1, 1999.
§70-3426. George Nigh Rehabilitation Institute Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Regents for Higher Education to be designated
the "George Nigh Rehabilitation Institute Revolving Fund". The fund
shall be a continuing fund not subject to fiscal year limitations and
shall consist of all monies received by the Oklahoma State Regents
for Higher Education from any gifts, contributions, bequests,
individual reimbursements and other sources of revenue, for the care
or support of persons who have been admitted and cared for at the
Institute and any other monies directed by law to be placed in the
fund. Monies accruing to the fund may be expended by the Oklahoma
State Regents for Higher Education for operation, maintenance and
capital improvement of the facility. Expenditures from the fund
shall be made on warrants issued by the State Treasurer against
claims filed with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 1991, c. 288, § 8, eff. July 1, 1991. Amended by Laws
1999, c. 347, § 2, eff. July 1, 1999. Renumbered from § 222.1 of
Title 72 by Laws 1999, c. 347, § 6, eff. July 1, 1999. Amended by
Laws 2012, c. 304, § 634.
§70-3427. Transfer of George Nigh Rehabilitation Institute to
institution of higher education.
A. The Oklahoma State Regents for Higher Education shall enter
into an interagency agreement with the Oklahoma Department of
*+,-11'121#+,, .;(
Veterans Affairs for the operation of the George Nigh Rehabilitation
Institute upon transfer of the Institute as provided for in Section 1
of this act. The agreement shall be effective until the Regents have
made a determination of and have transferred administration,
property, monies, and employees of the George Nigh Rehabilitation
Institute to the appropriate institution of higher education within
The Oklahoma State System of Higher Education. During the term of
the agreement the membership of the employees of the George Nigh
Rehabilitation Institute in the Oklahoma Public Employees Retirement
System shall not change and the Oklahoma Department of Veterans
Affairs shall continue to make contributions pursuant to Section 920
of Title 74 of the Oklahoma Statutes which shall be reimbursed
pursuant to the agreement.
B. The Oklahoma State Regents for Higher Education shall study
and make a determination of which institution of higher education
within The Oklahoma State System of Higher Education has an
educational program that best enhances the mission of the George Nigh
Rehabilitation Institute. On or before October 1, 1999, the Regents,
at a regular or special meeting, shall make a final determination of
the appropriate institution of higher education to transfer the
administration, property, monies, and employees of George Nigh
Rehabilitation Institute to. The Regents shall notify the employees
of the Institute of the final determination not less than thirty (30)
days prior to the actual transfer.
C. On or before November 1, 1999, the Oklahoma State Regents for
Higher Education shall transfer all rights, administration property,
monies, and employees of the George Nigh Rehabilitation Institute
acquired by the Regents pursuant to Sections 63.18 and 222.1 of Title
72 of the Oklahoma Statues to the appropriate institution of higher
education selected pursuant to subsection B of this section.
D. It is the intent of the Legislature, that all employees of
the George Nigh Rehabilitation Institute transferred to an
institution of higher education pursuant to this section retain pay
and benefits, as much as possible, including longevity, dependent
insurance benefits, seniority, rights and other privileges and
benefits.
E. Upon transfer of the George Nigh Rehabilitation Institute to
an institution of higher education as provided for in this section,
the rights and responsibilities of the George Nigh Rehabilitation
Institute Revolving Fund created in Section 222.1 of Title 72 of the
Oklahoma Statutes shall also be transferred to the institution of
higher education.
Added by Laws 1999, c. 347, § 3, eff. July 1, 1999.
§70-3428. George Nigh Rehabilitation Institute – Transfer of title.
The title to all buildings, improvements, and real property, as
described in Section 3425 of Title 70 of the Oklahoma Statutes,
*+,-11'121#+,, .;(
comprising the facility known as the George Nigh Rehabilitation
Institute in Okmulgee, Oklahoma, is hereby transferred from the
Oklahoma Capitol Improvement Authority to the Board of Regents of the
University of Oklahoma.
Added by Laws 2008, c. 101, § 3, eff. July 1, 2008.
§70-3430. Repealed by Laws 2010, c. 342, § 2.
§70-3431. Board of Trustees for Langston University-Oklahoma City
and Langston University-Tulsa.
A. On January 1, 2009, there shall be created the Board of
Trustees for Langston University-Oklahoma City and Langston
University-Tulsa which shall consist of seven members appointed by
the Governor and two members of the Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges, or their designees, selected by
the chair of the Board of Regents, who shall serve as voting, ex
officio members. For purposes of serving on the Board of Trustees,
the members of the Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges who are appointed to the Board of Trustees shall
not be subject to the dual-office-holding restrictions in Section 6
of Title 51 of the Oklahoma Statutes. The Governor shall appoint the
other members of the Board of Trustees with the advice and consent of
the Senate. The members shall be appointed to numbered positions
with staggered terms to expire as provided in this section.
Successors to the initial board members shall serve seven-year terms
that shall expire on June 30 of the seventh year following
appointment. Vacancies on the Board shall be filled for the
unexpired term by the Governor with the advice and consent of the
Senate. One member of the Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges shall hold position number eight
on the Board of Trustees. The other member of the Board of Regents
for the Oklahoma Agricultural and Mechanical Colleges shall hold
position number nine on the Board of Trustees. The numbered
positions and terms shall be as follows:
1. Position No. 1: The term of office of one member shall
expire on June 30, 2010, and each seven (7) years thereafter;
2. Position No. 2: The term of office of one member shall
expire on June 30, 2011, and each seven (7) years thereafter;
3. Position No. 3: The term of office of one member shall
expire on June 30, 2012, and each seven (7) years thereafter;
4. Position No. 4: The term of office of one member shall
expire on June 30, 2013, and each seven (7) years thereafter;
5. Position No. 5: The term of office of one member shall
expire on June 30, 2014, and each seven (7) years thereafter;
6. Position No. 6: The term of office of one member shall
expire on June 30, 2015, and each seven (7) years thereafter;
*+,-11'121#+,, .;($
7. Position No. 7: The term of office of one member shall
expire on June 30, 2016, and each seven (7) years thereafter;
8. Position No. 8: The term of office shall coincide with the
member's term on the Board of Regents for the Oklahoma Agricultural
and Mechanical Colleges; and
9. Position No. 9: The term of office shall coincide with the
member's term on the Board of Regents for the Oklahoma Agricultural
and Mechanical Colleges.
B. The Board of Trustees shall be a body corporate and shall
adopt and use an official seal. The Board of Trustees shall elect a
chair, vice-chair, and secretary annually, each of whom shall serve
for a term of one (1) fiscal year and until a successor is elected
and qualified, and who shall perform all duties as directed by the
Board of Trustees. The Board of Trustees shall adopt rules which it
deems necessary for the operation of the Board and the discharge of
its duties and shall cause the minutes of all meetings to be kept.
The Board of Trustees shall comply with the Oklahoma Open Meeting Act
and the Oklahoma Open Records Act.
C. The Board of Trustees for Langston University-Oklahoma City
and Langston University-Tulsa shall advise the president of Langston
University and the Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges on the supervision and management of the campus
of Langston University-Oklahoma City and Langston University-Tulsa
and perform other functions as necessary. The Board of Trustees
shall promulgate rules and enact policies to govern the processes and
procedures of the Board. The Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges and the Board of Trustees shall
appoint a joint committee of at least two members from each board and
at least two members of the staff of each institution to develop and
propose mutually agreed-upon rules and policies to formalize the
review and oversight procedures and the relationships between the
Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges, Langston University, Langston University-Oklahoma City and
Langston University-Tulsa. It is the intent of the Legislature that
in the interests of immediate responsiveness to the needs of
students, employees, and the business community that the decision or
approval process be expedited.
D. On or after January 1, 2009, the Board of Regents for the
Oklahoma Agricultural and Mechanical Colleges may assign and
delineate roles and responsibilities for the Board of Trustees for
Langston University-Oklahoma City and Langston University-Tulsa. The
responsibilities may include, but are not limited to, student
services, facility operations, student financial services, budget
preparations, endowed chairs at Langston University-Oklahoma City and
Langston University-Tulsa, and administrative operations as specified
by the Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges.
*+,-11'121#+,, .;((
E. The Board of Trustees shall establish the usual and customary
accounts established by higher education institutions within the
Office of Management and Enterprise Services necessary to carry out
its duties.
Added by Laws 2008, c. 130, § 1, eff. Nov. 1, 2008. Amended by Laws
2012, c. 304, § 635.
§70-3501. Repealed by Laws 1990, c. 218, § 10, eff. July 1, 1991.
§70-3501.1. University of Central Oklahoma name change.
The state educational institution located at Edmond formerly
known and designated "Central State College at Edmond", also known as
"Central State College", and presently designated as "Central State
University" shall continue at the same location and its official name
shall be the "University of Central Oklahoma".
Added by Laws 1971, p. 1019, H.J.R. No. 1009, § 1, emerg. eff. April
13, 1971. Amended by Laws 1990, c. 218, § 4, eff. July 1, 1991.
§70-3501.2. University of Central Oklahoma - Effect of name change -
Depletion of labeled supplies.
A. The name prescribed by Section 3501.1 of this title shall not
affect in any manner whatsoever any legal relationships, bonds,
contracts, supervisory authority by the Board of Regents of Oklahoma
Colleges, title to property, obligations, or any other phase or
aspect of the legal status of the said institution for any purpose,
except that said institution shall be referred to as the "University
of Central Oklahoma" in all future references to said institution.
B. It is the intent of the Legislature that supplies, including
but not limited to letterheads, which on the effective date of this
section carry or are labeled with the name "Central State University"
shall be utilized after the effective date of this section until such
supplies are depleted. Any new supplies ordered for use after the
effective date of this section shall bear the name "University of
Central Oklahoma". For purposes of this section, "supplies" shall
not mean signs designating the name of the university.
Amended by Laws 1990, c. 218, § 5, eff. July 1, 1991.
§70-3502. East Central State College - Location.
The state educational institution located at Ada, known and
designated as East Central State College at Ada, shall continue at
the same location and its official name shall be East Central State
College.
Laws 1965, c. 396, § 502.
§70-3503. Northeastern State College - Location.
The state educational institution located at Tahlequah, known and
designated as Northeastern State College at Tahlequah, shall continue
*+,-11'121#+,, .;(
at the same location and its official name shall be Northeastern
State College.
Laws 1965, c. 396, § 503.
§70-3504. Northwestern State College - Location.
The state educational institution located at Alva, known and
designated as Northwestern State College at Alva, shall continue at
the same location and its official name shall be Northwestern State
College.
Laws 1965, c. 396, § 504.
§70-3505. Southeastern State College - Location.
The state educational institution located at Durant, known and
designated as Southeastern State College at Durant, shall continue at
the same location and its official name shall be Southeastern State
College.
Laws 1965, c. 396, § 505.
§70-3506. Southwestern State College - Location.
The state educational institution located at Weatherford, known
as the Southwestern State College, shall continue at the same
location and its official name shall be Southwestern State College.
Laws 1965, c. 396, § 506.
§70-3507. Board of Regents of Oklahoma Colleges - Appointment and
terms of members - Eligibility - Vacancies.
(a) The Board of Regents of Oklahoma Colleges created by Article
XIII-B, Oklahoma Constitution, shall consist of nine (9) members
appointed by the Governor by and with the consent of the Senate.
Provided, that persons now serving on such Board shall be members of
and shall continue to serve on the Board for the terms for which they
were appointed. Not more than two members of the Board shall be from
any one profession, vocation or occupation. Appointments shall be to
numbered positions on the Board, and the terms of members of the
Board shall be, as follows:
(1) Position No. 1. The term of office of one member shall
expire on the 10th day of June, 1966, and each nine (9) years
thereafter, and he shall be a resident of one of the following
counties: Blaine, Kingfisher, Canadian, Caddo, Grady, Comanche,
Stephens, Jefferson or Cotton.
(2) Position No. 2. The term of office of one member shall
expire on the 10th day of June, 1967, and each nine (9) years
thereafter, and he shall be a resident of one of the following
counties: Ottawa, Delaware, Craig, Mayes, Nowata, Rogers,
Washington, Tulsa, Pawnee or Osage.
(3) Position No. 3. The term of office of one member shall
expire on the 10th day of June, 1968, and each nine (9) years
*+,-11'121#+,, .;()
thereafter, and he shall be a resident of one of the following
counties: Ellis, Dewey, Roger Mills, Custer, Beckham, Washita,
Kiowa, Greer, Jackson, Harmon or Tillman.
(4) Position No. 4. The term of office of one member shall
expire on the 10th day of June, 1970, and each nine (9) years
thereafter, and he shall be a resident of one of the following
counties: Adair, Sequoyah, Cherokee, Wagoner, Muskogee, Haskell,
McIntosh or Okmulgee.
(5) Position No. 5. The term of office of one member shall
expire on the 10th day of June, 1971, and each nine (9) years
thereafter, and he shall be a resident of one of the following
counties: Creek, Lincoln, Okfuskee, Seminole, Pottawatomie,
Pontotoc, Hughes, Johnston or Coal.
(6) Position No. 6. The term of office of one member shall
expire on the 10th day of June, 1972, and each nine (9) years
thereafter, and he shall be a resident of one of the following
counties: Cimarron, Texas, Beaver, Harper, Woodward, Woods, Major,
Alfalfa, Grant, Garfield, Kay or Noble.
(7) Position No. 7. The term of office of one member shall
expire on the 10th day of June, 1973, and each nine (9) years
thereafter, and he shall be a resident of one of the following
counties: LeFlore, Latimer, Pittsburg, Atoka, Pushmataha, McCurtain,
Choctaw, Bryan, Marshall, Carter or Love.
(8) Position No. 8. The term of office of one member shall
expire on the 10th day of June, 1974, and each nine (9) years
thereafter, and he shall be a resident of one of the following
counties: Logan, Oklahoma, Cleveland, McClain, Garvin, Murray or
Payne.
(9) Position No. 9. One member shall be the State Superintendent
of Public Instruction, who shall serve as such member during his
tenure as State Superintendent of Public Instruction.
(b) The successor of a member of the Board shall be appointed
within ninety (90) days after the term of such member expires; and
any vacancy in an appointive position on the Board shall be filled by
the Governor by and with the consent of the Senate for the unexpired
term within ninety (90) days after the vacancy occurs.
(c) No member of the Board shall be employed upon any work to be
performed in connection with institutions under its jurisdiction, nor
shall any member of said Board enter into any contract or business
transaction involving a financial consideration with institutions
under its jurisdiction.
Laws 1965, c. 396, § 507.
§70-3507.1. Alternate name - Regional University System of Oklahoma.
A. The Board of Regents of Oklahoma Colleges created by Article
XIII-B of the Oklahoma Constitution shall also be known as, and may
*+,-11'121#+,, .;(!
perform official acts and transact official business in the name of,
the Regional University System of Oklahoma.
B. Whenever the name of the Board of Regents of Oklahoma
Colleges appears in any law, contract, or other document, it shall be
deemed to refer to the Regional University System of Oklahoma.
C. The name change prescribed in subsection A of this section
shall not affect in any manner whatsoever any legal relationships,
bonds, contracts, supervisory authority by the Board of Regents of
Oklahoma Colleges, title to property, obligations, or any other phase
or aspect of the legal status of the Board for any purpose, except
that the Board shall be referred to as the "Regional University
System of Oklahoma" in all future references to the Board.
D. It is the intent of the Legislature that supplies, including
but not limited to existing letterhead shall be utilized after the
effective date of this section until such supplies are depleted. Any
new supplies ordered for use after the effective date of this section
shall bear the name "Regional University System of Oklahoma".
Added by Laws 2006, c. 162, § 1, eff. July 1, 2006.
§70-3508. Board of Regents of Oklahoma Colleges - Oaths - Travel
expenses - Attendance at meetings of Board - Employment of former
Board member prohibited.
(a) Each member of the Board of Regents of Oklahoma Colleges
shall take and subscribe to oaths required of State officials
generally.
(b) Each member of the Board shall be allowed necessary travel
expenses, as may be approved by the Board, pursuant to the State
Travel Reimbursement Act.
(c) If any member of the Board fails to attend a meeting of the
Board more than two consecutive meetings, without the consent of a
majority of the Board, the Governor shall declare such member's
office vacant and shall appoint his successor for the unexpired term.
(d) No member of the Board shall be eligible to be an officer,
supervisor, president, instructor or employee of any state
educational institution under the supervision, management or control
of the Board within two (2) years from the date of expiration of his
term.
Amended by Laws 1985, c. 178, § 62, operative July 1, 1985.
§70-3509. Board of Regents of Oklahoma Colleges - Body corporate -
Seal - Officers - Term - Proceedings - Minutes - Executive meetings.
The Board of Regents of Oklahoma Colleges created by Article
XIII-B of the Constitution of Oklahoma shall be a body corporate, and
shall adopt and use an official seal. It shall annually elect a
president who shall also be known as chairman, a vice president who
shall also be known as vice-chairman, and a secretary, each of whom
shall serve for a term of one (1) fiscal year and until his successor
*+,-11'121#+,, .;(
is elected and qualified, and who shall perform such duties as the
Board directs. The Board shall adopt rules and regulations as it
deems necessary for the governing of the Board and the discharge of
its duties, and shall cause to be kept the minutes of all meetings
and transactions considered at each meeting, in a suitable book to be
obtained and kept for such purpose. The Board shall not hold an
executive meeting unless the same is ordered by a unanimous vote of
the Board. The office of the Board shall be located in quarters
provided by the Oklahoma Capitol Improvement Authority for which the
Board shall pay an appropriate rental charge. Until such time as
space can be provided by the Oklahoma Capitol Improvement Authority
the Office of Management and Enterprise Services shall provide
quarters for said Board without rental charge.
Added by Laws 1965, c. 396, § 509, eff. July 1, 1965. Amended by
Laws 1974,, c. 307, § 2, emerg. eff. May 29, 1974; Laws 1980, c. 159,
§ 27, emerg. eff. April 2, 1980; Laws 1983, c. 304, § 72, eff. July
1, 1983; Laws 2012, c. 304, § 636.
§70-3510. Board of Regents of Oklahoma Colleges - State educational
institutions under jurisdiction of - Powers and duties - Institution
personnel - Fidelity bonds - Federal funds - Gifts - Contracts -
Property - Employee benefits.
The Board of Regents of Oklahoma Colleges shall have the
supervision, management and control of the University of Central
Oklahoma, East Central University, Northeastern State University,
Northwestern State University, Southeastern Oklahoma State University
and Southwestern Oklahoma State University; and it shall have the
following additional powers and duties:
(a) Adopt such rules and regulations as it deems necessary to
govern each of the institutions under its jurisdiction.
(b) Employ and fix the compensation and duties of such personnel
as it deems necessary, including architects, attorneys, engineers and
other professional and technical persons for its operation and for
the operation of the institutions under its jurisdiction. Any of
such personnel having custody of public funds or other public
property may be required to furnish corporate surety bonds in such
amounts as may be deemed necessary by the Board, payable to the State
of Oklahoma and conditioned upon a faithful accounting of all such
funds and property.
(c) Enter into contracts, purchase supplies, materials and
equipment, and incur such other expenses as may be necessary to make
any of its powers effective.
(d) Authorize officials at the several institutions under its
jurisdiction to act in its behalf in the making of contracts, or in
carrying out the powers conferred upon it.
*+,-11'121#+,, .;("
(e) Receive and make disposition of monies, grants and property
from federal agencies, and administer the same in accordance with
federal requirements.
(f) Accept gifts of real and personal property, money and other
things, and use or dispose of the same in accordance with the
directions of the donors or grantors thereof.
(g) Direct the disposition of all monies appropriated by the
Legislature or by the Congress or derived from the sale of bonds or
received from any other source by the institutions under its
jurisdiction.
(h) Acquire and take title to real and personal property in its
name, on behalf of any of the institutions under its jurisdiction,
and convey, exchange or dispose of, or otherwise manage or control,
such property in the interest of such institutions, including the
granting of leases, permits, easements and licenses over or upon any
such real property. The Board shall have the power to institute any
legal action in the name of the Board before any court having
jurisdiction of such actions. The Board shall have custody of
abstracts of title and instruments affecting the ownership of or
title to real property acquired for or belonging to such
institutions.
(i) Have supervision and charge of the construction of all
buildings at institutions under its jurisdiction.
(j) Determine the need for and cause to be constructed
dormitories and other buildings, on a self-liquidating basis, at any
institution under its jurisdiction.
(k) Establish and maintain plans for tenure and retirement of
employees of the Board and of the institutions under its
jurisdiction, and for payment of deferred compensation of such
employees; and provide hospital and medical benefits, accident,
health and life insurance, and annuity contracts, for such employees
and their dependents. The Board may pay for all or a part of the
cost thereof for employees, with funds available for the operation of
the institution. Amounts payable by an employee for such insurance
or annuity contracts may, with the consent of the employee, be
deducted from his salary.
(l) Maintain an inventory of all property belonging to each of
the institutions under its jurisdiction.
(m) Audit all accounts against the funds allocated to the
institutions under its jurisdiction.
(n) Provide penalties and forfeitures by way of damages and
otherwise for the violation of rules and regulations of the Board,
which may be sued for and collected in the name of the Board before
any court having jurisdiction of such actions.
(o) Do all things necessary or convenient to carry out the powers
expressly granted to it by Article XIII-B of the Constitution and the
*+,-11'121#+,, .;(
Statutes of Oklahoma, or to make institutions under its jurisdiction
effective for the purposes for which they are maintained or operated.
Amended by Laws 1990, c. 218, § 6, eff. July 1, 1991.
§70-3511. Eastern Oklahoma State College.
The state educational institution located at Wilburton and
formerly designated as Eastern Oklahoma State College of Agriculture
and Applied Science shall be known as and its official name shall be
Eastern Oklahoma State College; and the governing control of the
institution and all of its property, assets and obligations shall be
transferred to the Board of Regents of Eastern Oklahoma State
College, which is hereby created.
Added by Laws 1972, c. 158, § 2, operative July 1, 1972.
§70-3511.1. Courses and programs for people of McAlester - Branch of
Eastern Oklahoma State College.
A. The Oklahoma State Regents for Higher Education shall make
resident college credit courses and programs available to the people
of McAlester.
B. The State Regents for Higher Education shall provide classes
and programs through a branch of Eastern Oklahoma State College,
which shall be established and located in McAlester. The branch at
McAlester of Eastern Oklahoma State College shall be governed by the
Board of Regents of Eastern Oklahoma State College and administered
through Eastern Oklahoma State College. The Board of Regents of
Eastern Oklahoma State College may provide resources to the branch
campus of Eastern Oklahoma State College to maintain its facilities
in accordance with its function and mission as provided by law. The
people locally shall provide suitable physical plant accommodations
for the branch at McAlester.
Added by Laws 1996, c. 276, § 3, emerg. eff. May 30, 1996. Amended
by Laws 1999, c. 271, § 7, eff. Sept. 1, 1999.
§70-3512. Board of Regents of Eastern Oklahoma State College -
Membership - Powers and duties.
A. The Board of Regents of Eastern Oklahoma State College shall
consist of seven (7) members appointed by the Governor, by and with
the advice and consent of the Senate. The regular term of each
member shall be seven (7) years, except that the initial appointments
shall be for lesser terms so that the term of only one member shall
expire each year.
B. The Board of Regents of Eastern Oklahoma State College shall
be a body corporate, and shall adopt and use an official seal. It
shall annually elect a chairman, a vice chairman, and a secretary,
each of whom shall serve for a term of one (1) fiscal year and until
his successor is elected and qualified, and who shall perform such
duties as the Board directs. The Board shall adopt rules and
*+,-11'121#+,, .;($
regulations as it deems necessary for the governing of the Board and
the discharge of its duties, and shall cause to be kept the minutes
of all meetings and transactions considered at each meeting in a
suitable book to be obtained and kept for such purpose. The Board of
Regents of Eastern Oklahoma State College shall be the governing
board of the college and shall have the supervision and management
thereof, shall have the same powers and duties as governing boards of
other institutions in The Oklahoma State System of Higher Education,
and may do all things necessary or convenient to make the college
effective for the purpose for which it is operated.
Laws 1972, c. 158, § 3, operative July 1, 1972; Laws 1980, c. 159, §
28, emerg. eff. April 2, 1980.
§70-3513. Northeastern State University.
Northeastern State College, located at Tahlequah, Oklahoma, is
hereby officially named and shall be designated in all future
references as "Northeastern State University". Any reference in the
statutes to Northeastern Oklahoma State University shall be deemed a
reference to Northeastern State University.
Amended by Laws 1985, c. 317, § 2, emerg. eff. July 26, 1985.
§70-3514. Southeastern Oklahoma State University.
Southeastern State College, located at Durant, Oklahoma, is
hereby officially named and shall be designated in all future
references as "Southeastern Oklahoma State University."
Laws 1974, p. 722, S.J.R. No. 27, Section 2.
Laws 1974, p. 722, S.J.R.No.27, § 2.
§70-3514.1. McCurtain County Higher Education Program - Transfer to
Board of Regents of Oklahoma Colleges - Branch campus of Southeastern
Oklahoma State University.
A. The governance, supervision, management and control of the
McCurtain County Higher Education Program is hereby transferred from
the Board of Trustees for the McCurtain County Higher Education
Program to the Board of Regents of Oklahoma Colleges, and all
interests in real property, facilities, equipment and appurtenances,
state-appropriated monies and all duties, obligations and liabilities
of the McCurtain County Higher Education Program and any and all
obligations of the Board of Trustees of the McCurtain County Higher
Education Program for and on behalf of the McCurtain County Higher
Education Program are transferred to the Board of Regents of Oklahoma
Colleges. Obligations for any and all plans for tenure or retirement
of employees of the McCurtain County Higher Education Program, either
through the McCurtain County Higher Education Program, or the Board
of Trustees for the McCurtain County Higher Education Program shall
be assumed by the Board of Regents of Oklahoma Colleges.
*+,-11'121#+,, .;($
B. The facilities of the McCurtain County Higher Education
Program shall serve as the branch campus in McCurtain County of
Southeastern Oklahoma State University. The Board of Regents of
Oklahoma Colleges may provide resources to the branch campus in
McCurtain County of Southeastern Oklahoma State University to
maintain its facilities in accordance with its function and mission
as provided by law.
Added by Laws 2005, c. 402, § 1, eff. July 1, 2005.
§70-3515. East Central University.
East Central State College, located at Ada, Oklahoma, is hereby
officially named and shall be designated in all future references as
"East Central University". Any reference in the statutes to East
Central Oklahoma State University shall be deemed a reference to East
Central University.
Amended by Laws 1985, c. 317, § 1, emerg. eff. July 26, 1985.
§70-3516. Southwestern Oklahoma State University.
Southwestern State College, located at Weatherford, Oklahoma, is
hereby officially named and shall be designated in all future
references as "Southwestern Oklahoma State University."
Laws 1974, p. 722, S.J.R. No. 29, Section 4.
Laws 1974, p. 722, S.J.R.No.29, § 4.
§70-3517. Northwestern Oklahoma State University.
Northwestern State College, located at Alva, Oklahoma, is hereby
officially named and shall be designated in all future references as
"Northwestern Oklahoma State University."
Laws 1974, p. 722, S.J.R. No. 27, Section 5.
Laws 1974, p. 722, S.J.R.No.27, § 5.
§70-3517.1. Courses and programs for people of Woodward - Campus of
Northwestern Oklahoma State University.
A. The Oklahoma State Regents for Higher Education shall make
resident college credit courses and programs available to the people
of Woodward.
B. The State Regents for Higher Education shall provide classes
and programs through a campus of Northwestern Oklahoma State
University, which shall be established and located in Woodward. The
campus at Woodward of Northwestern Oklahoma State University shall be
governed by the Board of Regents of Oklahoma Colleges and
administered through Northwestern Oklahoma State University. The
Board of Regents of Oklahoma Colleges may provide resources to the
branch campus of Northwestern Oklahoma State University to maintain
its facilities in accordance with its function and mission as
provided by law.
*+,-11'121#+,, .;($$
Added by Laws 1996, c. 276, § 4, emerg. eff. May 30, 1996. Amended
by Laws 1999, c. 345, § 13, eff. July 1, 1999.
NOTE: Laws 1999, c. 271, § 8 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000.
§70-3517.2. Enid Higher Education Program - Transfer to Board of
Regents of Oklahoma Colleges - Campus of Northwestern Oklahoma State
University.
A. The governance, supervision, management and control of the
Enid Higher Education Program is hereby transferred from the Board of
Trustees for the Enid Higher Education Program to the Board of
Regents of Oklahoma Colleges, and all interests in real property,
facilities, equipment and appurtenances, state-appropriated monies
and all duties, obligations and liabilities of the Enid Higher
Education Program and any and all obligations of the Board of
Trustees of the Enid Higher Education Program for and on behalf of
the Enid Higher Education Program are hereby transferred to the Board
of Regents of Oklahoma Colleges. Obligations for any and all plans
for tenure or retirement of employees of the Enid Higher Education
Program, either through the Enid Higher Education Program or the
Board of Trustees for the Enid Higher Education Program, shall be
assumed by the Board of Regents of Oklahoma Colleges.
B. The Enid Higher Education Program shall serve as the Enid
campus of Northwestern Oklahoma State University. The Board of
Regents of Oklahoma Colleges may provide resources to the Enid branch
campus of Northwestern Oklahoma State University to maintain its
facilities in accordance with its function and mission as provided by
law.
Added by Laws 1996, c. 276, § 5, emerg. eff. May 30, 1996. Amended
by Laws 1999, c. 345, § 14, eff. July 1, 1999; Laws 2000, c. 6, § 20,
emerg. eff. March 20, 2000; Laws 2005, c. 402, § 3, eff. July 1,
2005.
NOTE: Laws 1999, c. 271, § 9 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000.
§70-3518. Repealed by Laws 1990, c. 218, § 10, eff. July 1, 1991.
§70-3519. Effect of name changes.
The name changes herein prescribed shall not affect in any manner
whatsoever any legal relationships, bonds, contracts, supervisory
authority by the Board of Regents for Oklahoma Colleges or their
title to property, obligations or any other phase or aspect of the
legal status of the named institutions for any purpose, except that
said institutions shall be referred to as "Northeastern Oklahoma
State University," "Southeastern Oklahoma State University," "East
Central Oklahoma State University," Southwestern Oklahoma State
University," "Northwestern Oklahoma State University" and "Oklahoma
*+,-11'121#+,, .;($(
Panhandle State University" in all future references to those
institutions.
Laws 1974, p. 722, S.J.R. No. 27, Section 10.
Laws 1974, p. 722, S.J.R.No.27, § 10.
§70-3520. Comprehensive autism training program.
The Oklahoma State Legislature requests the Regional University
System of Oklahoma to establish a comprehensive autism training
program with operations at the University of Central Oklahoma. The
comprehensive autism training program should provide statewide
leadership in the training of post-graduate and post-baccalaureate
behavior therapists to deliver research-based intervention services
to children with autistic spectrum disorders. Such program will meet
national standards and qualify candidates upon completion of the
training program to take the national certification exam.
Added by Laws 2008, c. 399, § 1, eff. Nov. 1, 2008.
§70-3601. Oklahoma College of Liberal Arts - Location.
The state educational institution located at Chickasha,
heretofore known and designated as the Oklahoma College for Women,
shall continue at the same location and its official name shall
hereafter be the Oklahoma College of Liberal Arts.
Laws 1965, c. 396, § 601; Laws 1965, c. 510, § 2.
§70-3601.1. University of Science and Arts of Oklahoma.
Oklahoma College of Liberal Arts, located at Chickasha, Oklahoma,
is hereby officially named and shall be designated in all future
references as "University of Science and Arts of Oklahoma."
Laws 1974, p. 722, S.J.R. No. 27, Section 8.
Laws 1974, p. 722, S.J.R.No.27, § 8.
§70-3602. Board of Regents of the Oklahoma College of Liberal Arts -
Appointment and terms of members - Eligibility - Vacancies.
(a) There is hereby created the Board of Regents of the Oklahoma
College of Liberal Arts, which shall consist of seven (7) members, to
be appointed by the Governor, by and with the consent of the Senate.
Appointments shall be to numbered positions on the Board, and the
terms of members of the Board shall be as follows:
(1) Position No. 1. The term of office of one member shall
expire on the 30th day of June, 1966, and each seven (7) years
thereafter.
(2) Position No. 2. The term of office of one member shall
expire on the 30th day of June, 1967, and each seven (7) years
thereafter.
(3) Position No. 3. The term of office of one member shall
expire on the 30th day of June, 1968, and each seven (7) years
thereafter.
*+,-11'121#+,, .;($
(4) Position No. 4. The term of office of one member shall
expire on the 30th day of June, 1969, and each seven (7) years
thereafter.
(5) Position No. 5. The term of office of one member shall
expire on the 30th day of June, 1970, and each seven (7) years
thereafter.
(6) Position No. 6. The term of office of one member shall
expire on the 30th day of June, 1971, and each seven (7) years
thereafter.
(7) Position No. 7. The term of office of one member shall
expire on the 30th day of June, 1972, and each seven (7) years
thereafter.
(b) Vacancies in appointive positions on the Board shall be
filled by the Governor for the unexpired term, by and with the advice
and consent of the Senate.
(c) No member of the Board shall be employed upon any work to be
performed in connection with the Oklahoma College of Liberal Arts,
nor shall any member of said Board enter into any contract or
business transaction involving a financial consideration with the
Oklahoma College of Liberal Arts.
Laws 1965, c. 396, § 602; Laws 1965, c. 510, § 2.
§70-3603. Succession to existing Board of Regents.
The Board of Regents created by the preceding section shall be
the successor of, and shall succeed to the ownership and possession
of all property belonging to, and shall be liable for all of the
obligations of, the Board of Regents created by 70 O.S.1961, Section
1691.
Added by Laws 1965, c. 396, § 603; Laws 1965, c. 510, § 2.
§70-3604. Board of Regents of the Oklahoma College of Liberal Arts -
Oaths - Travel expenses.
(a) Each member of the Board of Regents of the Oklahoma College
of Liberal Arts shall take and subscribe to the oaths required of
state officials generally.
(b) Each member of the Board shall be allowed necessary travel
expenses, as may be approved by the Board, pursuant to the State
Travel Reimbursement Act.
Amended by Laws 1985, c. 178, § 63, operative July 1, 1985.
§70-3605. Board of Regents of the Oklahoma College of Liberal Arts -
Body corporate - Seal - Officers - Term - Proceedings - Minutes.
The Board of Regents of the Oklahoma College of Liberal Arts
shall be a body corporate, and shall adopt and use an official seal.
It shall annually elect a chairman, a vice-chairman, and a secretary,
each of whom shall serve for a term of one (1) fiscal year and until
his successor is elected and qualified, and who shall perform such
*+,-11'121#+,, .;($)
duties as the Board directs. The Board shall adopt rules and
regulations as it deems necessary for the governing of the Board and
the discharge of its duties, and shall cause to be kept the minutes
of all meetings and transactions considered at each meeting, in a
suitable book to be obtained and kept for such purpose.
Laws 1965, c. 396, § 605; Laws 1965, c. 510, § 2; Laws 1980, c. 159,
§ 29, emerg. eff. April 2, 1980.
§70-3606. Board of Regents for the Oklahoma College of Liberal Arts
- Jurisdiction over the Oklahoma College of Liberal Arts - Powers and
duties - Institution personnel - Fidelity bonds - Federal funds -
Gifts - Contracts - Property - Employee benefits.
The Board of Regents of the Oklahoma College of Liberal Arts
shall have the supervision, management and control of the Oklahoma
College of Liberal Arts; and it shall have the following additional
powers and duties:
(a) Adopt such rules and regulations as it deems necessary to
govern the Oklahoma College of Liberal Arts.
(b) Employ and fix the compensation and duties of such personnel
as it deems necessary, including architects, attorneys, engineers and
other professional and technical persons for its operation and for
the operation of the Oklahoma College of Liberal Arts. Any of such
personnel having custody of public funds or other public property may
be required to furnish corporate surety bonds in such amounts as may
be deemed necessary by the Board, payable to the State of Oklahoma
and conditioned upon a faithful accounting of all such funds and
property.
(c) Enter into contracts, purchase supplies, materials and
equipment, and incur such other expenses as may be necessary to make
any of its powers effective.
(d) Authorize officials at the Oklahoma College of Liberal Arts
to act in its behalf in the making of contracts, or in carrying out
the powers conferred upon it.
(e) Receive and make disposition of monies, grants, and property
from federal agencies, and administer the same in accordance with
federal requirements.
(f) Accept gifts of real and personal property, money and other
things, and use or dispose of the same in accordance with the
directions of the donors or grantors thereof.
(g) Direct the disposition of all monies appropriated by the
Legislature or by the Congress or derived from the sale of bonds or
received from any other source by the Oklahoma College of Liberal
Arts.
(h) Acquire and take title to real and personal property in its
name, on behalf of the Oklahoma College of Liberal Arts, and convey,
exchange or dispose of, or otherwise manage or control, such property
in the interest of such institution, including the granting of
*+,-11'121#+,, .;($!
leases, permits, easements and licenses over or upon any such real
property. The Board shall have the power to institute any legal
action in the name of the Board before any court having jurisdiction
of such actions. The Board shall have custody of abstracts of title
and instruments affecting the ownership of or title to real property
belonging to the Oklahoma College of Liberal Arts.
(i) Have supervision and charge of the construction of all
buildings at the Oklahoma College of Liberal Arts.
(j) Determine the need for and cause to be constructed
dormitories and other buildings, on a self-liquidating basis, at the
Oklahoma College of Liberal Arts.
(k) Establish and maintain plans for tenure and retirement of
employees at the Oklahoma College of Liberal Arts, and for payment of
deferred compensation of such employees; and provide hospital and
medical benefits, accident, health, and life insurance, and annuity
contracts, for such employees and their dependents. The Board may
pay for all or a part of the cost thereof for employees, with funds
available for the operation of the institution. Amounts payable by
an employee for such insurance or annuity contracts may with the
consent of the employee be deducted from his salary.
(l) Maintain an inventory of all property belonging to the
Oklahoma College of Liberal Arts.
(m) Audit all accounts against the funds allocated to the
Oklahoma College of Liberal Arts.
(n) Provide penalties and forfeitures by way of damages and
otherwise for the violation of rules and regulations of the Board,
which may be sued for and collected in the name of the Board before
any court having jurisdiction of such actions.
(o) Do all things necessary or convenient to carry out the powers
expressly granted to it, or to make the Oklahoma College of Liberal
Arts effective for the purposes for which it is maintained or
operated.
Laws 1965, c. 396, § 606; Laws 1965, c. 510, § 2.
§70-3701. Northern Oklahoma College - Location.
The state educational institution located at Tonkawa, previously
known and designated as University Preparatory School and known as
the Northern Oklahoma Junior College, shall continue at the same
location and its official name shall be the Northern Oklahoma
College.
Laws 1965, c. 396, § 701.
§70-3702. Board of Regents of Northern Oklahoma College -
Eligibility - Appointment and terms of members - Vacancies.
(a) There is hereby created the Board of Regents of the Northern
Oklahoma College, which shall consist of five (5) members appointed
by the Governor, by and with the advice and consent of the Senate. No
*+,-11'121#+,, .;($
two members of the Board shall be chosen from the same profession or
occupation, nor shall more than three members of the Board be from
the same county. Provided that persons now serving on such Board
shall be members of and continue to serve on the Board herein created
in Position Number 1, Position Number 2, and Position Number 3 as
designated by the Governor. Appointments shall be to numbered
positions on the Board, and the terms of members of the Board shall
be as follows:
(1) Position No. 1. The term of office of one member shall
expire on the 30th day of June, 1966, and each five (5) years
thereafter.
(2) Position No. 2. The term of office of one member shall
expire on the 30th day of June, 1967, and each five (5) years
thereafter.
(3) Position No. 3. The term of office of one member shall
expire on the 30th day of June, 1968, and each five (5) years
thereafter.
(4) Position No. 4. The term of office of one member shall
expire on the 30th day of June, 1969, and each five (5) years
thereafter.
(5) Position No. 5. The term of office of one member shall
expire on the 30th day of June, 1970, and each five (5) years
thereafter.
(b) Vacancies on the Board shall be filled by the Governor for
the unexpired term, by and with the advice and consent of the Senate.
(c) No member of the Board shall be employed in connection with
any work to be performed at Northern Oklahoma College, nor shall any
member of the Board enter into any contract or business transaction,
involving a financial consideration, with Northern Oklahoma College.
Laws 1965, c. 396, § 702.
§70-3703. Succession to existing Board of Regents.
The Board of Regents created by the preceding section shall be
the successor of, and shall succeed to the ownership and possession
of all property belonging to, and shall be liable for all of the
obligations of, the Board of Regents created by 70 O.S.1961, Section
1903a.
Added by Laws 1965, c. 396, § 703, eff. July 1, 1965.
§70-3704. Board of Regents of Northern Oklahoma College - Oaths -
Travel expenses.
(a) Each member of the Board of Regents of the Northern Oklahoma
College shall take and subscribe to the oaths required of state
officials generally.
(b) Each member of the Board shall be allowed necessary travel
expenses, as may be approved by the Board, pursuant to the State
Travel Reimbursement Act.
*+,-11'121#+,, .;($"
Amended by Laws 1985, c. 178, § 64, operative July 1, 1985.
§70-3705. Board of Regents of Northern Oklahoma College - Body
corporate - Seal - Officers - Term - Proceedings - Minutes.
The Board of Regents of Northern Oklahoma College shall be a body
corporate, and shall adopt and use an official seal. It shall
annually elect a chairman, a vice chairman, and a secretary, each of
whom shall serve for a term of one (1) fiscal year and until his
successor is elected and qualified, and who shall perform such duties
as the Board directs. The Board shall adopt rules and regulations as
it deems necessary for the governing of the Board and the discharge
of its duties, and shall cause to be kept the minutes of all meetings
and transactions considered at each meeting, in a suitable book to be
obtained and kept for such purpose.
Laws 1965, c. 396, § 705; Laws 1980, c. 159, § 30, emerg. eff. April
2, 1980.
§70-3706. Board of Regents for Northern Oklahoma College -
Jurisdiction over Northern Oklahoma College - Powers and duties -
Institution personnel - Fidelity bonds - Federal funds - Gifts -
Contracts - Property - Employee benefits.
The Board of Regents of the Northern Oklahoma College shall have
the supervision, management and control of the Northern Oklahoma
College; and it shall have the following additional powers and
duties:
(a) Adopt such rules and regulations as it deems necessary to
govern the Northern Oklahoma College.
(b) Employ and fix the compensation and duties of such personnel
as it deems necessary, including architects, attorneys, engineers and
other professional and technical persons for its operation and for
the operation of Northern Oklahoma College. Any of such personnel
having custody of public funds or other public property may be
required to furnish corporate surety bonds in such amounts as may be
deemed necessary by the Board, payable to the State of Oklahoma and
conditioned upon a faithful accounting of all such funds and
property.
(c) Enter into contracts, purchase supplies, materials and
equipment, and incur such other expenses as may be necessary to make
any of its powers effective.
(d) Authorize officials at the Northern Oklahoma College to act
in its behalf in the making of contracts, or in carrying out the
powers conferred upon it.
(e) Receive and make disposition of monies, grants and property
from federal agencies, and administer the same in accordance with
Federal requirements.
*+,-11'121#+,, .;($
(f) Accept gifts of real and personal property, money and other
things, and use or dispose of the same in accordance with the
directions of the donors or grantors thereof.
(g) Direct the disposition of all monies appropriated by the
Legislature or by the Congress or derived from the sale of bonds or
received from any other source by Northern Oklahoma College.
(h) Acquire and take title to real and personal property in its
name, on behalf of the Northern Oklahoma College, and convey,
exchange or dispose of, or otherwise manage or control, such property
in the interest of such institution, including the granting of
leases, permits, easements and licenses over or upon any such real
property. The Board shall have the power to institute any legal
action in the name of the Board before any court having jurisdiction
of such actions. The Board shall have custody of abstracts of title
and instruments affecting the ownership of or title to real property
belonging to the Northern Oklahoma College.
(i) Have supervision and charge of the construction of all
buildings at Northern Oklahoma College.
(j) Determine the need for and cause to be constructed
dormitories and other buildings, on a self-liquidating basis, at the
Northern Oklahoma College.
(k) Establish and maintain plans for tenure and retirement of
employees at the Northern Oklahoma College, and for payment of
deferred compensation of such employees; and provide hospital and
medical benefits, accident, health and life insurance, and annuity
contracts, for such employees and their dependents. The Board may
pay for all or a part of the cost thereof for employees with funds
available for the operation of the institution. Amounts payable by
an employee for such insurance or annuity contracts may, with the
consent of the employee be deducted from his salary.
(l) Maintain an inventory of all property belonging to the
Northern Oklahoma College.
(m) Audit all accounts against the funds allocated to Northern
Oklahoma College.
(n) Provide penalties and forfeitures by way of damages and
otherwise for the violation of rules and regulations of the Board,
which may be sued for and collected in the name of the Board before
any court having jurisdiction of such actions.
(o) Do all things necessary or convenient to carry out the powers
expressly granted to it, or to make the Northern Oklahoma College
effective for the purposes for which it is maintained or operated.
Laws 1965, c. 396, § 706.
§70-3707. Branch campus of Northern Oklahoma College at Enid.
A. The Oklahoma State Regents for Higher Education shall make
resident college credit courses and programs available to the people
of Enid.
*+,-11'121#+,, .;((
B. The Oklahoma State Regents for Higher Education shall provide
courses and programs through a branch campus of Northern Oklahoma
College, which shall be established and located in Enid. The branch
campus of Northern Oklahoma College at Enid shall be governed by the
Board of Regents of Northern Oklahoma College and administered
through Northern Oklahoma College. The Board of Regents of Northern
Oklahoma College may provide resources to the branch campus of
Northern Oklahoma College at Enid to maintain its facilities in
accordance with its function and mission as provided by law.
Added by Laws 2005, c. 402, § 2, eff. July 1, 2005.
§70-3801. Claremore Junior College - Location.
The state educational institution located at Claremore, presently
known and designated as Claremore Junior College, shall continue in
the same location and its official name hereafter shall be Rogers
State College. Any reference in the statutes to the Oklahoma
Military Academy or Claremore Junior College shall be deemed a
reference to Rogers State College.
Amended by Laws 1982, c. 62, § 2, operative July 1, 1982.
§70-3802. Repealed by Laws 1996, c. 5, § 7, eff. April 1, 1996.
§70-3803. Repealed by Laws 1982, c. 62, § 7, operative July 1, 1982.
§70-3804. Repealed by Laws 1996, c. 5, § 7, eff. April 1, 1996.
§70-3805. Repealed by Laws 1996, c. 5, § 7, eff. April 1, 1996.
§70-3806. Repealed by Laws 1996, c. 5, § 7, eff. April 1, 1996.
§70-3901. Revolving funds - Sources of income - Use - Rules and
regulations.
(a) There are hereby established two revolving funds for each
state educational institution and for each agency thereof. The
Educational and General Operations Revolving Fund shall consist of
any appropriations made by the Legislature for such purpose and shall
include income received from student fees, sales and services of
educational departments and all other income available to the
institution or agency for educational and general purposes as defined
in the uniform budget and accounting classifications recommended by
the publications of the National Association of College and
University Business Officers. The Capital Improvements Revolving
Fund shall consist of any appropriations made by the Legislature for
such purpose. Such revolving funds may be used for the specified
purposes when allocated and allotted as provided by the Oklahoma
Budget Law of 1947, Sections 41.1 et seq. of Title 62 of the Oklahoma
Statutes.
*+,-11'121#+,, .;((
(b) It is the intent of the Legislature that the State Regents
promulgate appropriate rules and regulations for accomplishing
prescribed procedures of this section. Said rules and regulations
shall include requirements that regular maintenance and utility costs
and other operating expenses of auxiliary enterprises not be paid
from education and general purpose funds without documented adequate
reimbursement and that the use of fees and other charges be
restricted to the purpose for which collected.
Amended by Laws 1987, c. 229, § 8, eff. July 1, 1987; Laws 1988, c.
272, § 9, operative July 1, 1988.
§70-3902. Official depository - State Treasurer as official
depository for State Regents, State educational institutions and
constituent agencies.
As provided in Sections 7.1 through 7.5 and Section 74, Title 62,
Oklahoma Statutes 1961, the State Treasurer shall be the official
depository for all monies, funds, rentals, penalties, costs, proceeds
of sale of property, fees, fines, forfeitures and public charges of
every kind that may be received by any official or employees of the
State Regents or any state educational institution or any agency
thereof, in his official capacity.
Laws 1965, c. 396, § 902.
§70-3903. State System of Higher Education - Allocations -
Allotments - Accounting classification - Petty cash funds - Expenses
of Boards - Educational and general income.
(a) The Oklahoma State System of Higher Education shall operate
an allotment system similar to the procedure set out in the Oklahoma
State Finance Act, Section 34 et seq. of Title 62 of the Oklahoma
Statutes, for other agencies of the state except that the State
Regents shall be substituted for the Director of the Office of
Management and Enterprise Services in connection with approving
allotment requests of the constituent institutions and agencies
comprising the State System. The account classification for the
State System shall conform as nearly as possible with the
classification of accounts recommended by the publications of the
National Association of College and University Business Officers.
The State Regents shall allocate to each institution and agency in
the State System, from the consolidated or lump-sum appropriation
made by the Legislature, an amount sufficient to meet the needs and
functions of the institution or agency for the entire year. Upon
such allocation, monies appropriated for educational and general
purposes shall be transferred to the Educational and General
Operations Revolving Fund of the institution or agency and monies
appropriated for capital improvement purposes shall be transferred to
the Capital Improvement Revolving Fund of the institution or agency.
The amount allocated to an institution or agency for each fiscal year
*+,-11'121#+,, .;(($
shall be made in a lump sum without regard to uniform budget or
accounting classifications, but shall not be available for
expenditure until subsequently allotted by the State Regents.
(b) The State Regents, with the approval of the Director of the
Office of Management and Enterprise Services, may allot money to any
such institution or agency to establish and operate a petty cash fund
at the institution or agency; said fund shall only be reimbursed upon
the filing of claims showing the purposes for which the money was
expended. No single expenditure from any petty cash fund so
established and operated shall exceed Five Hundred Dollars ($500.00).
Splitting of invoices for the purpose of avoiding this limitation is
prohibited. Except for payments to sports officials, research
participants, refunds to students, competition judges, and temporary
farm crews employed at Oklahoma Agricultural Experiment Stations,
expenditures from such fund for personal services, travel
reimbursement, or professional services are prohibited. Further, the
exemption for payments to sports officials and refunds to students is
limited to only those institutions which have previously been
authorized to participate in both the "Alternate Claims Processing",
by the Director of the Office of Management and Enterprise Services,
and "Remote Warrant Printing", by the State Treasurer. The Oklahoma
State Regents for Higher Education shall publish uniform guidelines
applicable to all institutions of higher education for expenditures
from petty cash funds, which shall be strictly adhered to.
(c) Governing boards of control are integral parts of
institutions under their respective jurisdiction; therefore, the
expenses of boards in carrying out their respective duties shall be
paid from the operating budgets of the institutions and other budget
agencies under their jurisdiction. In cases where a board is the
governing board for two or more institutions and/or other budget
agencies, the board shall prorate its operating expenses among the
institutions and/or other budget agencies so governed. Prior to the
beginning of the fiscal year, each board shall prepare a budget,
setting out in detail its necessary expenses for the entire fiscal
year and shall, not later than July 1, file a copy of its budget with
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, the Director of the Office of Management and
Enterprise Services and the Legislative Service Bureau. Said budget
shall include all full-time-equivalent positions in each activity or
division and an itemization of all sources of income used for
operations and programs. Each board shall revise its budget, if
necessary, and provide said revisions to the President Pro Tempore of
the Senate, the Speaker of the House of Representatives, the Director
of the Office of Management and Enterprise Services, and the
Legislative Service Bureau not later than January 1 of each year. In
cases where a board has jurisdiction over two or more institutions or
budget agencies, it shall, not later than July 1, notify the
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President of each institution as to the amount of its pro rata share
of the board's expense budget that will be assessed against the
institution and/or other budget agency during the fiscal year.
(d) Prior to the beginning of the fiscal year, the coordinating
board of the Oklahoma State Regents for Higher Education shall
prepare a budget setting out in detail its necessary expenses for the
entire fiscal year, and, not later than July 1, shall file a copy of
its budget with the Director of the Office of Management and
Enterprise Services and the Legislative Service Bureau. The State
Regents shall allocate the money required to fund its budget prior to
making distribution of appropriated monies to the various
institutions of The Oklahoma State System of Higher Education.
(e) The Division of Central Accounting and Reporting shall make
cash allocations of revenue in accordance with Section 23 of Article
X of the Oklahoma Constitution, to each institution and agency,
considering the total allocation made by the State Regents from the
lump-sum legislative appropriation as the total appropriation for the
institution or agency, in lieu of legislative appropriations. All
income available to an institution or agency for educational and
general purposes, as defined in the uniform budget and accounting
classifications recommended by the publications of the National
Association of College and University Business Officers, and
including income defined by law as revolving fund income, shall
operate as a continuing nonfiscal appropriation which may be expended
for any educational and general purpose for which appropriated funds
may be expended, if allocated and allotted in accordance with the
Oklahoma State Finance Act, as provided in this section; provided
that no obligation shall be incurred in excess of the unencumbered
balance of cash on hand.
(f) At least thirty (30) days prior to the beginning of each
fiscal year, each of the constituent institutions and agencies shall
file with the State Regents its request for appropriation allotments
for each of the purposes for which expenditures are to be made. Such
requests shall be in conformity with the uniform budget or accounting
classifications recommended by the publications of the National
Association of College and University Business Officers. Each request
for appropriation allotments shall show the amount required to
finance each item of the request for the entire year and for each
quarter or each six-month period within the fiscal year, as required
by the Director of the Office of Management and Enterprise Services.
The State Regents, or their designated official or employee who has
been authorized to approve itemized allotment requests, shall
consider the allotment requests for the purpose of making a
determination that: (1) the current financial requirements of the
institution or agency concerned justify the allotment to be made; (2)
the accounting classification is sufficient to reflect the purpose
for which expenditures are to be made and that such classification is
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in accordance with the budget classifications adopted by the Director
of the Office of Management and Enterprise Services and the State
Regents, which shall conform as nearly as possible to the account
classification recommended by the publications of the National
Association of College and University Business Officers; and (3) the
realization of estimated revenues determined by the Director of the
Office of Management and Enterprise Services is sufficient to allow
the commitments to be made. In allotting appropriations and other
funds, and approving subsequent allotments, which may be required by
each institution and agency the State Regents shall follow the same
general procedure as other agencies of the state not under the
control of the State Regents, except as otherwise provided in this
section. All forms and account classifications shall be mutually
agreed upon by the Director of the Office of Management and
Enterprise Services and the State Regents. The State Regents shall
file approved requests of constituent institutions and agencies with
the Division of Central Accounting and Reporting. The State Regents
and the Director of the Office of Management and Enterprise Services
shall approve any request from the administrative head of a
constituent institution or agency for amendment of the approved
schedule of positions and salaries or transfers between items, so
long as the currently approved allotment for such purposes is not
exceeded and each such amendment shall be filed with the Director of
the Office of Management and Enterprise Services, in such detail as
he may require, prior to the date on which the first payroll or other
disbursement affected by such amendments is submitted for payment. In
the event that the realization of estimated revenues at any time
during the fiscal year indicates that the total revenue from that
fiscal year to any state fund will be insufficient at the end of the
fiscal year to meet the total appropriations from that fund, the
Director of the Office of Management and Enterprise Services shall
notify the State Regents as to the amount of reduction necessary
against the consolidated, or lump-sum appropriation, made to the
State Regents.
(g) The State Regents in making itemized allotments during the
fiscal year, may reserve an amount sufficient to meet a reasonable
failure of revenue until receipt of notice from the Director of the
Office of Management and Enterprise Services that the realization of
estimated revenues indicates that the total appropriations may be
allotted for expenditure. Upon receipt of notice from the Director
of the Office of Management and Enterprise Services of a necessary
reduction in the consolidated, or lump-sum appropriation, to meet a
failure in revenue, the State Regents shall immediately take action
to control the approval of subsequent allotment requests sufficient
to make the aggregate reduction in allotments of all constituent
institutions under their control equal the amount of reduction
ordered against the lump-sum appropriation made by the Legislature.
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Such reductions against the lump-sum appropriation shall not exceed
the percentage reduction ordered against other agencies of the state,
in accordance with Section 23 of Article X of the Oklahoma
Constitution.
Added by Laws 1965, c. 396, § 903, eff. July 1, 1965. Amended by
Laws 1986, c. 246, § 11, operative July 1, 1986; Laws 1987, c. 229, §
9, eff. July 1, 1987; Laws 1988, c. 84, § 1, emerg. eff. March 25,
1988; Laws 1988, c. 272, § 10, operative July 1, 1988; Laws 1999, c.
371, § 7, eff. July 1, 1999; Laws 2012, c. 304, § 637.
NOTE: Laws 1987, c. 204, § 69 repealed by Laws 1988, c. 84, § 2,
emerg. eff. March 25, 1988.
§70-3904. School land funds - Proceeds of Section Thirteen and
indemnity lands - Disposition and distribution - Purposes for which
Section Thirteen Fund and New College Fund may be expended.
A. The income, interest, rentals and proceeds of the sale of
Section Thirteen in this state, and any indemnity lands in lieu of
Section Thirteen which were granted to the state for the use and
benefit of the University of Oklahoma, Oklahoma State University, the
Normal Schools, the University Preparatory School, and Langston
University, shall be divided and distributed as follows:
To the University of Oklahoma and the Northern Oklahoma College,
one-third (1/3); the University of Oklahoma to receive nine-tenths
(9/10) of said one-third (1/3) and the Northern Oklahoma College to
receive one-tenth (1/10) of said one-third (1/3); to the Oklahoma
State University and Langston University, one-third (1/3); the
Oklahoma State University to receive nine-tenths (9/10) of said one-
third (1/3), and Langston University to receive one-tenth (1/10) of
said one-third (1/3); to the University of Central Oklahoma, East
Central University, Northeastern State University, Northwestern
Oklahoma State University, Southeastern Oklahoma State University,
Southwestern Oklahoma State University, Oklahoma Panhandle State
University, University of Sciences and Arts of Oklahoma, and Cameron
University, the Normal Schools, one-third (1/3), the same to be
equally divided among said state colleges, provided, that in the
event of the establishment of additional similar state colleges, such
additional state colleges shall share equally with the other state
colleges in the division and distribution of the one-third (1/3) last
above mentioned. In the event of the sale of Section Thirteen, or
any portion thereof, the proceeds of said sale shall be divided and
distributed among said institutions in the same manner, proportion
and amount as hereinbefore indicated for the division and
distribution of the interest, income, rentals or proceeds thereof of
said land; provided, that the said lands so reserved, or the proceeds
of the sale thereof or of any indemnity land granted in lieu of
Section Thirteen, shall be safely kept or invested and preserved by
the state as a trust, which shall never be diminished, but may be
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added to, and the income, interest and rentals thereof, shall be used
exclusively for the benefit of said educational institutions. Such
additional institutions shall remain under the exclusive control of
the state, and no part of the proceeds arising from the sale or
disposal of any land granted for educational purposes, or the income
or rentals thereof, shall be used for the support of any religious or
sectarian school, college or university, and no portion of the funds
arising from the sale of Section Thirteen or any indemnity land,
shall ever be diverted either temporarily or permanently from the
purpose for which said lands were granted to the state.
B. The state educational institutions eligible for participation
in the Section Thirteen Fund and the new college fund may expend
monies in such funds from time to time as needs arise for the
construction and purchase of buildings, for the purchase of
equipment, and for other capital additions. The provisions of this
section shall be cumulative to existing laws.
Added by Laws 1965, c. 396, § 904. Amended by Laws 1987, c. 227, §
15, operative July 1, 1987; Laws 1990, c. 218, § 7, eff. July 1,
1991; Laws 1992, c. 324, § 24, eff. July 1, 1992; Laws 1998, c. 246,
§ 37, eff. Nov. 1, 1998.
§70-3905. Payroll deductions.
Institutions, agencies, and boards in The Oklahoma State System
of Higher Education may withhold from the compensation payable for
the employee's services, with the consent of the employee, amounts
necessary for participation in the Oklahoma Teachers' Retirement
System, hospital and medical benefits, accident, health and life
insurance, annuities, United States Savings Bonds and other programs
authorized by such institutions, agencies, and boards; and it shall
be the duty of the Director of the Office of Management and
Enterprise Services and the State Treasurer to process amounts so
withheld in accordance with existing laws.
Added by Laws 1965, c. 396, § 905, eff. July 1, 1965. Amended by
Laws 1979, c. 47, § 85, emerg. eff. April 9, 1979; Laws 2012, c. 304,
§ 638.
§70-3906. Standard guidelines and criteria for accounts, funds and
expenditures - Accrual of interest income.
A. It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education establish uniform standard guidelines
and criteria for all institutions of The Oklahoma State System of
Higher Education for all special accounts, special agency accounts,
or any other funds and for expenditures from such funds and accounts.
B. Interest income from investments of monies in special
accounts and special agency accounts made through the Office of the
State Treasurer shall accrue to the fund from which the investment
was made.
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Added by Laws 1987, c. 229, § 2, eff. July 1, 1987. Amended by Laws
1990, c. 263, § 96, operative July 1, 1990.
§70-3907. College and university related foundations - Priorities
and guidelines for use of unrestricted income.
It is the intent of the Legislature that trustees of college- and
university-related foundations establish priorities and guidelines
for the use of unrestricted income. It is the further intent of the
Legislature that unrestricted income be used exclusively for the
enrichment of the academic programs and purposes of the institution
or institutions to which such foundation is related.
Added by Laws 1987, c. 229, § 3, eff. July 1, 1987.
§70-3908. Attorney General - Intervention in action concerning
performance of charitable trust.
The Attorney General of Oklahoma is authorized, pursuant to the
provisions of Section 175.18 of Title 60 of the Oklahoma Statutes, to
intervene in any action concerning the performance of a charitable
trust.
Added by Laws 1987, c. 229, § 5, eff. July 1, 1987.
§70-3909. Audits - Audit Committee - Audit procedures and reports.
A. In addition to such other audits as may be required of or
desired by the various boards of regents responsible for the
institutions of The Oklahoma State System of Higher Education, each
board shall annually obtain the services of an independent accounting
firm or individual holding a permit to practice public accounting in
this state to perform a complete financial audit for the preceding
fiscal year of each institution for which the board is responsible.
The Oklahoma State Regents for Higher Education shall likewise
annually obtain the services of an independent accounting firm or
individual holding a permit to practice public accounting in this
state to perform a complete financial audit of all the offices,
operations, and accounts of the State Regents which are not subject
to the control of other boards of regents. The audits shall be filed
in accordance with the requirements set forth for financial statement
audits in Section 212A of Title 74 of the Oklahoma Statutes.
B. Each board of regents shall appoint a standing Audit
Committee of the board consisting of not fewer than three (3) board
members. The Audit Committee shall be responsible for establishing
the qualifications of any accounting firm or individual seeking to be
hired to perform an audit for the board and shall recommend to the
board the firms or individuals whom the board shall invite to submit
competitive bids. The full board shall select the auditor from among
the competitive bidders. Audit committees shall not recommend any
firm or individual unwilling to meet the following specifications.
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The specifications shall be among the terms and conditions of any
contract awarded:
1. All revolving fund accounts, special accounts, special agency
accounts, auxiliary enterprise accounts, and technical area school
district accounts, if any, shall be included within the scope of the
audit;
2. Where operations of constituent agencies or technical area
school districts are relevant to the complete financial audit of the
institution, records of those enterprises shall be included within
the scope of the audit;
3. To the extent required by subsection (d) of Section 4306 of
this title, records of college- or university-related foundations
shall be included within the scope of the audit;
4. At the conclusion of the audit, the auditor shall meet with
the president of the institution and the Audit Committee to review
the audit report to be issued, the management letter or other
comments or suggestions to be issued, and any other findings; and
5. Findings of material weaknesses, qualifications of the
auditor's report other than those deriving from inadequate plant
records, and of defalcations, or a report of lack of such findings,
shall be communicated in writing to the board, the State Auditor and
Inspector, the Legislative Service Bureau, and the Oklahoma State
Regents for Higher Education with or in advance of the filing of the
audit report required by Section 452.10 of Title 74 of the Oklahoma
Statutes; and such written communications shall include any responses
or other comments which the president or the Audit Committee wishes
to have included.
C. The State Auditor and Inspector whenever he or she deems it
appropriate, or upon receiving a written request to do so by the
Governor, Attorney General, President Pro Tempore of the Senate, the
Speaker of the House of Representatives, the governing board of an
institution of higher education, the Oklahoma State Regents for
Higher Education or the president of an institution of higher
education, shall conduct a special audit of any institution of higher
education within The Oklahoma State System of Higher Education. The
special audit shall include, but not necessarily be limited to, a
compliance audit as defined in subsection C of Section 213 of Title
74 of the Oklahoma Statutes. The State Auditor and Inspector shall
have the power to take custody of any records necessary to the
performance of the audit but shall minimize actual physical removal
of or denial of access to such records. At the conclusion of the
audit, the State Auditor and Inspector shall meet with the president
of the institution and the Audit Committee of the board which governs
the component audited to review the audit report to be issued. The
report, when issued, shall include any responses to the audit which
the president or the Audit Committee wishes to have included and
shall be presented to the full board, the Legislative Service Bureau,
*+,-11'121#+,, .;((
and the Oklahoma State Regents for Higher Education with or in
advance of the filing required by Section 452.10 of Title 74 of the
Oklahoma Statutes. The cost of such audit shall be borne by the
audited entity and may be defrayed in whole or in part by any federal
funds available for that purpose.
D. Each board of regents shall require the employment of a
sufficient number of internal auditors to meet the board's fiduciary
responsibilities. Internal audits shall be conducted in accordance
with the provisions of Sections 228 and 229 of Title 74 of the
Oklahoma Statutes. The internal auditors shall submit a report
directly and simultaneously to the audit committee of the board and
the president of the institution; all members of the board of regents
governing the institution, however, shall receive all internal audit
reports and the board of regents shall, at least annually, review and
prescribe the plan of work to be performed by the internal auditors.
E. Any person who alters or destroys records needed for the
performance of an audit or causes or directs a subordinate to do such
acts shall be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a period of not more
than five (5) years or by a fine of not more than Twenty Thousand
Dollars ($20,000.00), or by both such fine and imprisonment. Such
person shall also be subject to immediate removal from office or
employment.
Added by Laws 1987, c. 229, § 6, eff. July 1, 1987. Amended by Laws
1991, c. 319, § 1, emerg. eff. June 12, 1991; Laws 1993, c. 287, § 1;
Laws 1994, c. 317, § 1, eff. July 1, 1994; Laws 1996, c. 290, § 13,
eff. July 1, 1996; Laws 1997, c. 133, § 577, eff. July 1, 1999; Laws
1999, 1st Ex.Sess., c. 5, § 417, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 577 from July 1, 1998, to July 1, 1999.
§70-3910. Limitation on contracts for accounting services.
A board of regents shall not contract for or otherwise obtain the
services of an independent accounting firm or individual to perform
financial audits for an institution for more than five (5)
consecutive years. If an independent accounting firm or individual
has conducted financial audits of an institution of higher education
for five (5) consecutive years, the board shall not obtain the
auditing services of said firm or individual for said institution for
at least two (2) years.
Added by Laws 1987, c. 229, § 7, eff. July 1, 1987. Amended by Laws
1993, c. 287, § 2; Laws 1994, c. 317, § 2, eff. July 1, 1994.
§70-3911. Methods for keeping financial accounts.
Pursuant to the provisions of Section 213 of Title 74 of the
Oklahoma Statutes, the State Auditor and Inspector may prescribe and
enforce changes in methods for keeping of financial accounts by the
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institutions of The Oklahoma State System of Higher Education or by
the Oklahoma State Regents for Higher Education. Such methods as the
State Auditor and Inspector may require of institutions shall not be
in conflict with methods and procedures recommended by the National
Association of College and University Business Officers.
Added by Laws 1987, c. 229, § 10, eff. July 1, 1987.
§70-3912. Commingling of certain funds prohibited - Separate
accounting of funds - Uses of certain income of certain school
districts limited.
(a) Neither the ad valorem funds received by a local school
district which operates an institution of higher education nor the ad
valorem funds received by a technical area school district shall be
mingled with the funds of any institution of higher education.
(b) The board of education of a school district which, acting as
a board of trustees, governs an institution of higher education shall
state the assets, liabilities, income and expenditures of the
institution as an entity distinct from the local school district. The
income of the school district shall not be used for any purpose other
than the education of the residents of the district.
(c) The board of trustees of a technical area school district
operated in accordance with Section 4423 of Title 70 of the Oklahoma
Statutes shall state the assets, liabilities, income, and
expenditures of the district as an entity distinct from the
institution of higher education which the members of the board of
trustees, acting as the board of regents of the institution, also
govern. The income of the technical area district shall be used for
no other purpose than the provision of postsecondary technical
education to the residents of the district; provided, nothing herein
shall be construed as precluding the board members, with proper
regard for their respective responsibilities as trustees and as
regents, from making or approving agreements whereby the district and
the institution, by appropriate written contract, utilize the same
facilities, equipment, and services.
Added by Laws 1987, c. 229, § 11, eff. July 1, 1987.
§70-3913. Construction or maintenance of roads, streets and parking
areas.
Unless otherwise prohibited by federal law, the Oklahoma
Constitution or a municipal home rule charter, any municipality or
county in this state may provide funding to state-supported
institutions of higher education or higher education centers in The
Oklahoma State System for Higher Education for the purpose of
constructing or maintaining roads, streets and parking areas which
are dedicated to the public at such institutions or centers.
Added by Laws 1988, c. 272, § 11, operative July 1, 1988.
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§70-3914. Administrative expenditures - Legislative intent.
It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education establish levels of administrative
expenditures under the functional category of Institutional Support
at each of the public higher education institutions and constituent
agencies. The Regents shall establish uniform definitions for
administrative costs that comply with the National Association of
College and University Business Officer Financial Accounting and
Report Manual (FARM) and establish procedures to ensure that each
institution and constituent agency classifies and reports its
administrative expenditures accordingly.
Added by Laws 1994, c. 317, § 3, eff. July 1, 1994.
§70-3951. Trustees - Fund principal - Income or investment return -
Administrative expenses.
A. There is hereby created a trust fund to be known as the
"Oklahoma State Regents' Endowment Trust Fund". The Oklahoma State
Regents for Higher Education shall be the trustees of the Trust Fund.
B. The State Regents shall utilize the Trust Fund to implement
the provisions of Section 3952 of this title.
C. The Trust Fund principal shall consist of monies the
Legislature appropriates or transfers to the Oklahoma State Regents
for Higher Education for the Trust Fund, the proceeds of any
obligations issued pursuant to Section 4019 of this title and any
monies or assets contributed to the Trust Fund from any other source,
public or private. In making investments, the State Regents shall
exercise the judgment and care, under circumstances then prevailing,
which persons of prudence, discretion and intelligence exercise in
the management of their own affairs, not for speculation, but with
regard to the permanent disposition of their funds, considering the
probable safety of their capital as well as the probable income to be
derived.
D. Notwithstanding other provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes provided in Section 3951 et seq. of this title. No such
income or investment return shall be used for administrative
expenses; expenses incurred by the State Regents in the
administration of the Trust Fund and of the endowment program
established by Section 3951 et seq. of this title shall be paid from
monies appropriated to the State Regents' coordinating board for
their general operating budget.
Added by Laws 1989, c. 375, § 1, emerg. eff. June 6, 1989. Amended
by Laws 2004, c. 115, § 1, emerg. eff. April 19, 2004; Laws 2013, c.
216, § 1, eff. July 1, 2013.
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§70-3952. Disposition of principal - Endowment accounts - Allocation
of investment return - Matching requirement.
A. The principal held in the Oklahoma State Regents' Endowment
Trust Fund shall be made available for the establishment of and
allocation to endowment accounts within the Trust Fund for the
benefit of individual public institutions of higher education within
this state.
B. Investment return on each of the accounts constituting the
principal of the Trust Fund shall be allocated for the benefit of
individual institutions for which the accounts are respectively
designated and shall be remitted to such institutions for the support
of endowed chairs, professorships, lectureships and positions for
artists in residence approved by the Oklahoma State Regents for
Higher Education. The State Regents shall develop, adopt, and
publish the criteria to be used in the evaluation of proposals for
support of endowed chairs, professorships, lectureships and positions
for artists in residence on a competitive and priority basis
according to merit. Such criteria shall be based on the goal of
improving the overall quality of education and research. The endowed
chairs, distinguished professorships, lectureships and positions for
artists in residence should be established in academic areas which
will contribute to the enhancement of the overall cultural, business,
and/or economic development of Oklahoma. The individually endowed
chairs and professorships should be established in areas for which
the institution has on-going, approved academic programs. Any trust
income and any investment return on any amount in the Trust Fund not
designated for remittance to an institution as provided in Section
3951 et seq. of this title shall become part of the principal of the
Trust Fund.
C. Trust Fund endowment accounts created pursuant to subsection
A of this section shall be in a minimum amount of Two Hundred Fifty
Thousand Dollars ($250,000.00) for the support of endowed chairs, a
minimum amount of Fifty Thousand Dollars ($50,000.00) for the support
of professorships or a minimum amount of Twenty-five Thousand Dollars
($25,000.00) for lectureships and artists in residence. The number
and size of endowment accounts shall be determined by the amount of
matching monies that the institution commits to endowment accounts.
To be initially eligible for an endowment account within the Trust
Fund, an institution shall have on deposit as provided in subsection
F of this section an amount equal to at least one-half (1/2) of the
requested account. Provided, the regional and special purpose
universities and two-year institutions in The Oklahoma State System
of Higher Education shall have priority in qualifying for the
endowment accounts of Twenty-five Thousand Dollars ($25,000.00) for
lectureships and positions for artists in residence.
D. 1. The total matching requirement for monies received prior
to July 1, 2008 shall be equal to the amount of the requested
*+,-11'121#+,, .;((
endowment account in each instance and shall be deposited within a
period to be established by the State Regents. Said period shall not
be greater than three (3) years in length; provided, an institution
may deposit in an endowment account matching monies in an amount
which exceeds the required matching amount.
2. After July 1, 2008, state matching monies must be used to
complete the state matching requirements for all endowment accounts
in place as of that date, before state matching monies may be used
for any accounts created after that date. After completion of such
requirements no more than a total of Five Million Dollars
($5,000,000.00) of state matching monies may be used each year,
subject to the following provisions:
a. not more than a total of Four Million Dollars
($4,000,000.00) each year may be used for the combined
benefit of comprehensive universities within The
Oklahoma State System of Higher Education, and
b. not more than a total of One Million Dollars
($1,000,000.00) each year may be used for the combined
benefit of other eligible institutions within The
Oklahoma State System of Higher Education.
3. All Trust Fund endowment accounts created after July 1, 2008,
shall be subject to the following provisions:
a. Trust Fund endowment accounts with matching monies of
Two Hundred Fifty Thousand Dollars ($250,000.00) or
less shall be matched with state matching monies
according to a 1:1 ratio, with One Dollar ($1.00) of
state matching monies to be matched with every One
Dollar ($1.00) of matching monies received, and
b. Trust Fund endowment accounts with matching monies of
more than Two Hundred Fifty Thousand Dollars
($250,000.00) shall be matched with state matching
monies according to a 1:4 ratio, with One Dollar
($1.00) of state matching monies to be matched with
every Four Dollars ($4.00) of matching monies received.
4. Any endowment account for which an institution fails to
provide the full required matching amount within the time established
shall be available to be awarded to another public institution of
higher education. No investment return shall be remitted to any
institution from an endowment account before the institution has
deposited the total required match for the endowment account as
provided in subsection F of this section.
E. 1. Monies which an institution provides for matching
purposes must originate from monies contributed to the institution
after July 1, 1988, from private sources, which monies are
specifically designated by the private source to be used for purposes
specified in this act, or from private contributions made after July
1, 1988, to a foundation for which the sole beneficiary is that
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institution, which monies are specifically designated by the private
contributor to be used for purposes specified in this act, and may
not be drawn from allocations of appropriated funds received from the
State Regents, proceeds of fees or charges authorized by law, or from
federal grants or reimbursements.
2. The State Regents may accept the transfer of endowed chairs
and any associated funds from the MOST Eminent Scholars and Research
Equipment Account created pursuant to the provisions of Section
5060.13 of Title 74 of the Oklahoma Statutes for the purpose of the
establishment as endowed chairs in the Oklahoma State Regents'
Endowment Trust Fund. Such endowed chairs shall be subject to and
administered in accordance with the statutes and regulations
applicable to the Trust Fund; provided, however, the monies provided
by an institution for matching purposes may have originated from
private monies contributed to the institution or a foundation before
or after July 1, 1988.
F. Any institution which provides matching monies shall deposit
the matching monies in one of the following:
1. The Trust Fund;
2. An endowment matching fund of the institution; or
3. A fund of a foundation whose sole beneficiary is that
institution.
All investment return on matching monies which are deposited in a
fund specified in paragraphs 2 or 3 of this subsection shall be
retained in the fund. If such matching monies are not deposited in
the Trust Fund, the institution shall submit a report annually to the
State Regents in which the investments of the matching funds, earned
interest and income, including capital gains and losses, and
expenditures including the costs of managing the investments are
detailed. Diminution of the original matching sum may at the
discretion of the State Regents constitute a forfeiture of the state-
origin monies which the private-origin institutional monies were to
match.
G. An institution may recommend to the State Regents that monies
benefiting the institution in an endowment account pursuant to the
purposes of the Trust Fund be dedicated to an alternative academic
discipline or area. If the State Regents approve such action, the
investment return from the endowment account may be utilized for such
program.
Added by Laws 1989, c. 375, § 2, emerg. eff. June 6, 1989. Amended
by Laws 1991, c. 230, § 1, eff. July 1, 1991; Laws 1992, c. 324, §
25, eff. July 1, 1992; Laws 2008, c. 430, § 1, emerg. eff. June 2,
2008.
§70-3953. Oklahoma State Regents' Academic Scholars Trust Fund -
Principal - Income and investment return - Administrative expenses.
*+,-11'121#+,, .;()
A. There is hereby created a trust fund to be known as the
"Oklahoma State Regents' Academic Scholars Trust Fund." The Oklahoma
State Regents for Higher Education shall be the trustees of said
Trust Fund.
B. The State Regents shall utilize said Trust Fund to implement
the provisions of Sections 4 through 10 of this act.
C. The Trust Fund principal shall consist of monies the
Legislature appropriates or transfers to the Oklahoma State Regents
for Higher Education for the Trust Fund and any monies or assets
contributed to the Trust Fund from any other source, public or
private.
D. Notwithstanding other provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes provided in Sections 4 through 10 of this act. The State
Regents may also utilize the Trust Fund principal for the purposes
provided in Sections 4 through 10 of this act. No such income or
investment return or principal shall be used for administrative
expenses; expenses incurred by the State Regents in the
administration of the Trust Fund and of the Oklahoma State Regents
Academic Scholarship Program established by this act shall be paid
from monies appropriated to the State Regents coordinating board for
their general operating budget.
Added by Laws 1989, c. 375, § 3, emerg. eff. June 6, 1989.
§70-3953.1. Oklahoma Higher Learning Access Trust Fund.
A. There is hereby created a trust fund to be known as the
"Oklahoma Higher Learning Access Trust Fund". The Oklahoma State
Regents for Higher Education shall be the trustees of said Trust
Fund.
B. The State Regents shall utilize said Trust Fund to implement
the provisions of Sections 2601 through 2605 of this title.
C. The Trust Fund principal shall consist of monies the
Legislature appropriates or transfers to the Oklahoma State Regents
for Higher Education for the Trust Fund and any monies or assets
contributed to the Trust Fund from any other source, public or
private. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State Regents.
Expenditures from said fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
D. Notwithstanding other provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes provided in Sections 2601 through 2605 of this title. The
State Regents may also utilize the Trust Fund principal for the
*+,-11'121#+,, .;(!
purposes provided in Sections 2601 through 2605 of this title.
Except as otherwise provided by law, no such income or investment
return or principal shall be used for administrative expenses;
expenses incurred by the State Regents in the administration of the
Trust Fund and of the Oklahoma Higher Learning Access Program
established by the Oklahoma Higher Learning Access Act shall be paid
from monies appropriated to the State Regents coordinating board for
their general operating budget.
E. The Regents shall adopt rules for accomplishing transfer of
funds from the Oklahoma Higher Learning Access Trust Fund to the
appropriate institutional Educational and General Operations
Revolving Funds, as provided in Section 3901 of this title, to
private institutions, and to the appropriate technology center school
district to cover general enrollment fees or tuition for eligible
students pursuant to the Oklahoma Higher Learning Access Act.
Allocations from the Trust Fund may be made only for the purpose of
covering the general enrollment fees or tuition of eligible students.
No portion of the Trust Fund may be used or allocated for
administrative or operating expenses of any higher education
institution or technology center school.
Added by Laws 1992, c. 353, § 6, eff. July 1, 1992. Amended by Laws
2001, c. 33, § 150, eff. July 1, 2001; Laws 2007, c. 355, § 8, emerg.
eff. June 4, 2007; Laws 2012, c. 304, § 639.
§70-3953.2. Repealed by Laws 2002, c. 99, § 6, eff. July 1, 2002.
§70-3953.3. Trust fund - Scholarships.
A. There is hereby created a trust fund to be known as the
"Oklahoma GEAR UP Scholarship Trust Fund". The Oklahoma State Regents
for Higher Education shall be the trustees of said Trust Fund.
B. The State Regents shall utilize said Trust Fund to fund
scholarships in accordance with the federal Gaining Early Awareness
and Readiness for Undergraduate Program (GEAR UP) grant.
C. The Trust Fund principal shall consist of monies received
from the GEAR UP grant for scholarship purposes, any monies the
Legislature appropriates or transfers to the Oklahoma State Regents
for Higher Education for the Trust Fund, and any monies or assets
contributed to the Trust Fund from any other source, public or
private.
D. Notwithstanding other provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes provided in subsection B of this section. The State Regents
may also utilize the Trust Fund principal for the purpose provided in
subsection B of this section. Except as otherwise provided by law,
no such income or investment return or principal shall be used for
administrative expenses.
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E. The State Regents shall adopt rules for accomplishing
transfer of funds from the Oklahoma GEAR UP Scholarship Trust Fund to
the appropriate institutional Educational and General Operations
Revolving Funds, as provided in Section 3901 of Title 70 of the
Oklahoma Statutes, to private institutions, and to the appropriate
vocational-technical area school district to cover scholarships for
eligible students pursuant to the GEAR UP grant. Allocations from
the Trust Fund may be made only for the purpose of covering the
scholarship costs. No portion of the Trust Fund may be used or
allocated for administrative or operating expenses of any higher
education or vocational-technical institution.
Added by Laws 2000, c. 309, § 4, eff. Sept. 1, 2000.
§70-3953.4. Oklahoma Tuition Equalization Grant Trust Fund.
A. There is hereby created a trust fund to be known as the
"Oklahoma Tuition Equalization Grant Trust Fund". The Oklahoma State
Regents for Higher Education shall be the trustees of the Trust Fund.
B. The State Regents shall utilize the Trust Fund to implement
the provisions of Sections 1 through 3 of this act.
C. The Trust Fund principal shall consist of monies the
Legislature appropriates or transfers to the State Regents for the
Trust Fund and any monies or assets contributed to the Trust Fund
from any other source, public or private.
D. Notwithstanding other provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes provided in Sections 1 through 3 of this act. The State
Regents may also utilize the Trust Fund principal for the purposes
provided in Sections 1 through 3 of this act. Except as otherwise
provided by law, no such income or investment return or principal
shall be used for administrative expenses; expenses incurred by the
State Regents in the administration of the Trust Fund and of the
Oklahoma Tuition Equalization Grant Program established by this act
shall be paid from monies appropriated to the State Regents’
coordinating board for their general operating budget.
E. The State Regents shall adopt rules for accomplishing
transfer of funds from the Oklahoma Tuition Equalization Grant Trust
Fund to the appropriate private institution for payment of a portion
of the tuition for eligible students pursuant to this act.
Allocations from the Trust Fund may be made only for the purpose of
payment of a portion of the tuition for eligible students. No
portion of the Trust Fund may be used or allocated for administrative
or operating expenses of any higher education institution.
Added by Laws 2003, c. 207, § 4, eff. July 1, 2003.
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§70-3954. Trustee duty of care - Indemnity insurance - Investment
committee - Investment managers - Fund custodian - Investment plan -
Financial reports - Annual reports.
A. The Oklahoma State Regents for Higher Education shall
discharge their duties as trustees of the Oklahoma State Regents'
Endowment Trust Fund, as trustees of the Oklahoma State Regents'
Academic Scholars Trust Fund, as trustees of the Oklahoma Higher
Learning Access Trust Fund, as trustees of the Oklahoma GEAR UP
Scholarship Trust Fund, and as trustees of the Oklahoma Tuition
Equalization Grant Trust Fund, hereafter "Trust Funds":
1. With the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of
an enterprise of a like character and with like aims;
2. By diversifying the investments of the Trust Funds so as to
minimize the risk of large losses, unless under the circumstances it
is clearly prudent not to do so; and
3. In accordance with the laws, documents and instruments
governing the Trust Funds.
B. The State Regents may procure insurance indemnifying the
members of the State Regents from personal loss or accountability
from liability resulting from a member's action or inaction as a
trustee.
C. The State Regents may establish an investment committee for
any of the Trust Funds or any combination of such Trust Funds. Such
investment committee shall be composed of members of the State
Regents appointed by the chair of the State Regents. The committee
shall make recommendations to the entire membership of the State
Regents on all matters related to the choice of custodians and
managers of the assets of the Trust Funds, on the establishment of
investment and fund management guidelines, and in planning future
investment policy. The committee shall have no authority to act on
behalf of the State Regents in any circumstances whatsoever. No
recommendation of the committee shall have effect as an action of the
State Regents nor take effect without the approval of the State
Regents.
D. The State Regents may retain qualified investment managers to
provide for the investment of the monies of the Trust Funds and may
pay the fees for the services of such investment managers from the
investment proceeds attributable to each of the Trust Funds. The
investment managers shall be chosen by a solicitation of proposals on
a competitive bid basis pursuant to standards set by the State
Regents. Subject to the overall investment guidelines set by the
State Regents, the investment managers shall have full discretion in
the management of those monies of the Trust Funds allocated to the
investment managers. The State Regents shall manage those monies not
specifically allocated to the investment managers. The monies of the
*+,-11'121#+,, .;(
Trust Funds allocated to the investment managers shall be actively
managed by the investment managers, which may include selling
investments and realizing losses if such action is considered
advantageous to longer term return maximization. Because of the
total return objective, no distinction shall be made for management
and performance evaluation purposes between realized and unrealized
capital gains and losses.
E. Funds and revenues for investment by the investment managers
or the State Regents shall be placed with a custodian selected by the
State Regents. Payment of the fees for the custodians' services may
be paid from the applicable Trust Fund. The custodian shall be a
bank or trust company offering pension fund master trustee and master
custodial services. The custodian shall be chosen by a solicitation
of proposals on a competitive bid basis pursuant to standards set by
the State Regents. In compliance with the investment policy
guidelines of the State Regents, the custodian bank or trust company
shall be contractually responsible for ensuring that all monies of
the Trust Funds are invested in income-producing investment vehicles
at all times. If a custodian bank or trust company has not received
direction from the investment managers of the Trust Funds as to the
investment of the monies of the Trust Funds in specific investment
vehicles, the custodian bank or trust company shall be contractually
responsible to the State Regents for investing the monies in
appropriately collateralized short-term interest-bearing investment
vehicles.
F. By November 1, 1989, and prior to August 1 of each year
thereafter, the State Regents shall develop written investment plans
for the Trust Funds.
G. The State Regents shall compile quarterly financial reports
of all the funds and accounts of the Oklahoma State Regents'
Endowment Trust Fund, the Oklahoma State Regents' Academic Scholars
Trust Fund, the Oklahoma Higher Learning Access Trust Fund, the
Oklahoma GEAR UP Scholarship Trust Fund, and the Oklahoma Tuition
Equalization Grant Trust Fund on a fiscal year basis. The reports
shall include several relevant measures of investment value,
including acquisition cost and current fair market value with
appropriate summaries of total holdings and returns. The reports
shall contain combined and individual rates of returns of the
investment managers by category of investment, over periods of time.
The reports shall be distributed to the Director of the Legislative
Service Bureau and the Chair of the Joint Committee on Fiscal
Operations.
H. After July 1 and before October 1 of each year, the State
Regents shall publish four annual reports presented in simple and
easily understood language. The reports shall be submitted to the
Governor, the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, the Director of the Legislative Service
*+,-11'121#+,, .;()
Bureau, and the Chair of the Joint Committee on Fiscal Operations.
The annual reports shall cover the operation of the Oklahoma State
Regents' Endowment Trust Fund, the Oklahoma State Regents' Academic
Scholars Trust Fund, the Oklahoma Higher Learning Access Trust Fund,
the Oklahoma GEAR UP Scholarship Trust Fund, and the Oklahoma Tuition
Equalization Grant Trust Fund during the past fiscal year, including
income, disbursements, and the financial condition of the Trust Funds
at the end of the fiscal year. The annual reports shall also contain
the information issued in the quarterly reports required pursuant to
subsection G of this section as well as a summary of the results of
the most recent actuarial valuation to include total assets, total
liabilities, unfunded liability or over-funded status, contributions
and any other information deemed relevant by the State Regents.
Added by Laws 1989, c. 375, § 11, emerg. eff. June 6, 1989. Amended
by Laws 1992, c. 324, § 26, eff. July 1, 1992; Laws 1992, c. 391, §
1, eff. July 1, 1992; Laws 1997, c. 99, § 16, emerg. eff. April 15,
1997; Laws 1999, c. 320, § 42, eff. July 1, 1999; Laws 2000, c. 232,
§ 21, eff. July 1, 2000; Laws 2000, c. 309, § 1, eff. Sept. 1, 2000;
Laws 2002, c. 99, § 2, eff. July 1, 2002; Laws 2003, c. 207, § 5,
eff. July 1, 2003.
NOTE: Laws 1992, c. 353, § 7 repealed by Laws 1993, c. 10, § 16,
emerg. eff. March 21, 1993.
§70-3955. Fiduciary duties - Conflict of interest.
A. A fiduciary with respect to the Oklahoma State Regents'
Endowment Trust Fund, the Oklahoma State Regents' Academic Scholars
Trust Fund, the Oklahoma Higher Learning Access Trust Fund, the
Oklahoma GEAR UP Scholarship Trust Fund, or the Oklahoma Tuition
Equalization Grant Trust Fund, hereafter the "Trust Fund," shall not
cause the Trust Fund to engage in a transaction if the fiduciary
knows or should know that such transaction constitutes a direct or
indirect:
1. Sale or exchange, or leasing of any property from the Trust
Fund to a party in interest;
2. Lending of money or other extension of credit from the Trust
Fund to a party in interest;
3. Furnishing of goods, services, or facilities from the Trust
Fund to a party in interest; or
4. Transfer to, or use by or for the benefit of, a party in
interest of any assets of the Trust Fund.
B. A fiduciary with respect to the Trust Fund shall not:
1. Deal with the assets of the Trust Fund in the fiduciary's own
interest or for the fiduciary's own account;
2. In the fiduciary's individual or any other capacity act in
any transaction involving the Trust Fund on behalf of a party whose
interests are adverse to the interests of the Trust Fund; or
*+,-11'121#+,, .;()
3. Receive any consideration for the fiduciary's own personal
account from any party dealing with the Trust Fund in connection with
a transaction involving the assets of the Trust Fund.
C. A fiduciary with respect to the Trust Fund may:
1. Invest all or part of the assets of the Trust Fund in
deposits which bear the highest interest rate available for funds
with the necessary degree of availability in a bank or similar
financial institution supervised by the United States or a state, if
such bank or other institution is a fiduciary of such plan; or
2. Provide any ancillary service by a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan.
D. A person or a financial institution is a fiduciary with
respect to the Trust Fund to the extent that the person or the
financial institution:
1. Exercises any discretionary authority or discretionary
control respecting management of the Trust Fund or exercises any
authority or control respecting management or disposition of the
assets of the Trust Fund;
2. Renders investment advice for a fee or other compensation,
direct or indirect, with respect to any monies or other property of
the Trust Fund, or has any authority or responsibility to do so; or
3. Has any discretionary authority or discretionary
responsibility in the administration of the Trust Fund.
Added by Laws 1989, c. 375, § 12, emerg. eff. June 6, 1989. Amended
by Laws 1992, c. 353, § 8, eff. July 1, 1992; Laws 1999, c. 320, §
43, eff. July 1, 1999; Laws 2000, c. 309, § 2, eff. Sept. 1, 2000;
Laws 2002, c. 99, § 3, eff. July 1, 2002; Laws 2003, c. 207, § 6,
eff. July 1, 2003.
§70-3970.1. Short title.
This act shall be known and may be cited as the "Oklahoma College
Savings Plan Act".
Added by Laws 1998, c. 366, § 1, eff. July 1, 1998.
§70-3970.2. Purpose.
It is the purpose of this act, given the cost of higher
education, the importance of encouraging savings for tuition, and the
correlation of economic growth and education, to permit Oklahomans to
benefit from tax benefits for qualified college savings programs
allowed by federal law.
Added by Laws 1998, c. 366, § 2, eff. July 1, 1998.
§70-3970.3. Definitions.
As used in this act:
1. "Account" means an individual trust account or savings
account established as prescribed in this act;
*+,-11'121#+,, .;()$
2. "Account owner" means the person or other entity allowable
under Section 529 of the Internal Revenue Code designated at the time
an account is opened as having the right to withdraw monies from the
account before the account is disbursed to or for the benefit of the
designated beneficiary;
3. “Affinity program” means any supplemental feature to the
Oklahoma College Savings Plan that offers additional value for plan
participants including, but not limited to, rebate contributions from
affiliated credit cards;
4. "Board" means the Board of Trustees of the Oklahoma College
Savings Plan;
5. "Designated beneficiary" means:
a. with respect to an account, the person designated at
the time the account is opened as the person whose
higher education expenses are expected to be paid from
the account,
b. in the case of a change in beneficiaries described in
Section 3970.7 of this title, the individual who is the
new beneficiary, or
c. in the case of an interest in the program created by
this act purchased by the State of Oklahoma or a local
government in this state, or an agency or
instrumentality of such state or local government, or
an organization described in Section 501(c)(3) of the
Internal Revenue Code and exempt from taxation under
Section 501(a) of that Code as part of a scholarship
program operated by such government or organization,
the individual(s) receiving such interest or
scholarship;
6. "Eligible educational institution" means an institution as
described in Section 481 of the Higher Education Act of 1965 (20
U.S.C. 1088), and is eligible to participate in a program under Title
IV of that Act;
7. "Financial institution" means any bank, commercial bank,
national bank, savings bank, savings and loan association, credit
union, an insurance company, brokerage firm, or other similar entity
that is authorized to do business in this state;
8. “Internal Revenue Code” means the Internal Revenue Code of
1986, as amended;
9. "Member of family" means an individual who bears a
relationship to another individual which is a relationship described
in Section 529 of the Internal Revenue Code;
10. "Nonqualified withdrawal" means a withdrawal from an account
other than one of the following:
a. a qualified withdrawal,
b. a withdrawal made as a result of the death or
disability of the designated beneficiary of an account,
*+,-11'121#+,, .;()(
c. withdrawal that is made on the account of a scholarship
or the allowance or payment described in Section 529 of
the Internal Revenue Code, received by the designated
beneficiary to the extent the amount of the refund does
not exceed the amount of the scholarship, allowance, or
payment, or
d. a rollover or change of designated beneficiary as
permitted by subsection F of Section 3970.7 of this
title;
11. "Program" means the Oklahoma College Savings Plan
established under this act;
12. "Qualified higher education expenses" means tuition, fees,
books, supplies, and equipment required for the enrollment or
attendance of a designated beneficiary at an eligible educational
institution, including room and board expenses, to the extent such
expenses are allowable under Section 529 of the Internal Revenue
Code; and
13. "Qualified withdrawal" means a withdrawal from an account to
pay the qualified higher education expenses of the designated
beneficiary of the account, but only if the withdrawal is made in
accordance with this act.
Added by Laws 1998, c. 366, § 3, eff. July 1, 1998. Amended by Laws
2001, c. 106, § 1, emerg. eff. April 17, 2001; Laws 2002, c. 144, §
2, emerg. eff. April 29, 2002; Laws 2006, c. 178, § 2, eff. Nov. 1,
2006.
§70-3970.4. Board of Trustees.
A. There is hereby created the Board of Trustees of the Oklahoma
College Savings Plan program composed of seven (7) members as
follows:
1. The State Treasurer;
2. The State Auditor and Inspector;
3. The State Superintendent of Public Instruction;
4. The Chancellor of the Oklahoma State Regents for Higher
Education; and
5. Three members, from the general public, each of whom
possesses knowledge, skill and experience in accounting, risk
management, investments, financial management, or actuarial science,
one of whom is appointed by the Governor, one by the Speaker of the
House of Representatives, and one by the President Pro Tempore of the
Senate. The initial appointee of the Governor shall serve a term of
two (2) years. The initial appointee of the President Pro Tempore of
the Senate shall serve a term of three (3) years. The initial
appointee of the Speaker of the House of Representatives shall serve
a term of four (4) years. Upon expiration of the initial terms,
subsequent terms shall be for four (4) years.
*+,-11'121#+,, .;()
B. The State Treasurer shall serve as chair of the Board. The
Board shall select a vice-chair.
C. Members of the Board may designate members of their
respective staffs to attend meetings of the Board and to vote in
their absence. Such designations shall be in writing to the chair of
the Board and filed with the Secretary of State.
D. Members of the Board shall serve without compensation but
shall receive reasonable reimbursement from their respective office
or agency or in the case of appointed members from the appointing
authority for actual and necessary travel expenses in accordance with
the State Travel Reimbursement Act.
E. A majority of the members of the Board serving shall
constitute a quorum for the transaction of business at a meeting of
the Board. Voting upon action to be taken by the Board shall be
conducted by a majority vote of the members present at the meeting of
the Board.
F. The business of the Board shall be conducted at meetings of
the Board held in compliance with the Oklahoma Open Meeting Act. The
Board shall make available to the public records as required by the
Oklahoma Open Records Act.
G. The Board may delegate to the Oklahoma State Regents for
Higher Education some or all of the duties to carry out the day-to-
day operations and responsibilities of the program. The State
Regents shall provide staff for the Board. In exercising such
delegation, the State Regents shall be authorized to exercise such
powers as are vested in the Board which are necessary to fulfill the
delegated duties and responsibilities, and may assign any such duties
and responsibilities to the staff as the State Regents deem necessary
and proper.
H. The members of the Board are immune from personal liability
with respect to all actions that are taken in good faith and within
the scope of the Board's authority.
Added by Laws 1998, c. 366, § 4, eff. July 1, 1998. Amended by Laws
1999, c. 142, § 1, emerg. eff. May 3, 1999.
§70-3970.5. Board duties.
The Board of Trustees of the Oklahoma College Savings Plan shall:
1. Develop and implement the program in a manner consistent with
this act through the adoption of guidelines and procedures;
2. Retain professional services, if necessary, including
accountants, auditors, consultants and other experts;
3. Seek rulings and other guidance, if necessary, from the
United States Department of the Treasury, the Internal Revenue
Service, and the Oklahoma Attorney General relating to the program;
4. Make changes to the program required for the participants in
the program to obtain the federal income tax benefits or treatment
provided by Section 529 of the Internal Revenue Code;
*+,-11'121#+,, .;())
5. Interpret, in policies, guidelines and procedures, the
provisions of the Oklahoma College Savings Plan Act broadly in light
of its purpose and objectives;
6. Develop a schedule of application fees and other necessary
fees and charges in connection with any agreement, contract or
transaction relating to the program that are sufficient to offset the
administrative and staffing costs associated with the implementation
and administration of this program;
7. Select the financial institution or institutions to act as
the depositories and managers of the program accounts in accordance
with this act. For purposes of selecting such institutions and
managers, the Board shall be exempt from the Oklahoma Central
Purchasing Act. The Board shall develop a competitive process by
which the institutions and managers will be selected;
8. Develop procedures to assist in the administration and
implementation of this act. Any guidelines or procedures affecting
existing or potential participants in the Oklahoma College Savings
Plan may only be implemented after reasonable notice to the public
and a public hearing in a manner similar to requirements of the
Administrative Procedures Act; and
9. Have the authority to implement affinity programs for plan
participants.
Added by Laws 1998, c. 366, § 5, eff. July 1, 1998. Amended by Laws
1999, c. 142, § 2, emerg. eff. May 3, 1999; Laws 2006, c. 178, § 3,
eff. Nov. 1, 2006.
§70-3970.6. Financial institutions as depositories and managers.
A. The Board of Trustees of the Oklahoma College Savings Plan
shall implement the program through the use of one or more financial
institutions to act as the depositories and managers. Under the
program, persons may establish accounts through the program at a
depository that has been selected by the Board.
B. The Board shall solicit proposals from financial institutions
to act as the depositories and managers of the program. Financial
institutions that submit proposals shall provide all information
required by the Board which is sufficient to enable the evaluation of
the investment strategies and asset allocations consistent with the
program objectives set by the Board.
C. The Board shall select as program depositories and managers
the financial institution or institutions from among bidding
financial institutions that demonstrate the most advantageous
combination, both to potential program participants and this state,
of the following factors:
1. Financial stability and integrity;
2. The safety of the investment instruments being offered by the
financial institution, taking into account any insurance provided
with respect to these instruments;
*+,-11'121#+,, .;()!
3. The ability of the financial institution to ensure that the
plan it offers tracks requirements of the Internal Revenue Code,
regulations of the Internal Revenue Service, other pertinent federal
and state laws and regulations, and rules and requirements of the
Regents;
4. The ability of the financial institution to track estimated
costs of higher education as provided by the Regents and provided by
the financial institution to the account holder;
5. The ability of the financial institutions, directly or
through a subcontract, to satisfy recordkeeping and reporting
requirements, including those created by Section 529 of the Internal
Revenue Code and Internal Revenue Service regulations;
6. The financial institution's plan for promoting the program
and the investment it is willing to make to promote the program,
including any use of institutions with offices in Oklahoma as plan
marketers and enrollment agents;
7. The fees, if any, proposed to be charged to persons for
maintaining accounts;
8. The minimum initial deposit and minimum contributions that
the financial institution will require and the willingness of the
financial institution to accept contributions through payroll
deduction plans and other deposit plans; and
9. Any other benefits to this state or its residents included in
the proposal, including an account opening fee payable to the Board
by the account owner and an additional fee from the financial
institution for statewide program marketing by the Board.
D. The Board shall enter into a contract with a financial
institution, or institutions provided in subsection E of this section
to serve as program managers and depositories.
E. The Board shall determine a minimum term for contracts
executed between the Board and a financial institution pursuant to
this section and shall establish procedures by which a contract may
be renewed.
F. The Board may select more than one financial institution and
investment for the program if the following conditions exist:
1. The United States Internal Revenue Service has provided
guidance that giving a contributor a choice of more than one
investment instrument under a state plan will not cause the plan to
fail to qualify for favorable tax treatment under Section 529 of the
Internal Revenue Code; and
2. The Board concludes that the choice of instrument vehicles is
in the best interest of college savers and will not interfere with
the promotion of the program.
G. A program manager shall:
1. Take all action required to keep the program in compliance
with the requirements of this act and shall not take action contrary
to this act or its contract to manage the program so that it is
*+,-11'121#+,, .;()
treated as a qualified tuition plan under Section 529 of the Internal
Revenue Code;
2. Keep adequate records of each account, keep each account
segregated from each other account and provide the Board with the
information necessary to prepare statements required by federal and
state law or regulation or file these statements on behalf of the
Board;
3. Compile and total information contained in statements
required to be prepared under federal and state law and regulation
and provide these compilations to the Board;
4. If there is more than one program manager, the program
managers shall provide the Board with sufficient information to
determine compliance with subsection P of Section 3970.7 of this
title;
5. Provide representatives of the Board, including other
contractors or other state agencies, access to the books and records
of the program manager to the extent needed to determine compliance
with the contract; and
6. Hold all accounts in trust for the benefit of this state and
the account owner.
H. If a contract executed between the Board and a financial
institution pursuant to this section is not renewed, all of the
following conditions apply at the end of the term of the nonrenewed
contract:
1. Accounts previously established and held in investment
instruments at the financial institution shall not be terminated;
2. Additional contributions may be made to the accounts; and
3. No new accounts may be placed with that financial
institution.
I. The Board may terminate a contract with a financial
institution at any time for good cause. If a contract is terminated
pursuant to this section, the Board shall take custody of accounts
held at that financial institution and shall seek to promptly
transfer the accounts to another financial institution that is
selected as a program manager and into investment instruments as
similar to the original investments as possible.
Added by Laws 1998, c. 366, § 6, eff. July 1, 1998. Amended by Laws
2002, c. 144, § 3, emerg. eff. April 29, 2002.
§70-3970.7. Program accounts.
A. The program shall be operated through the use of accounts.
An account may be opened by any person who desires to save to pay the
qualified higher education expenses of a person by:
1. Completing an application in the form prescribed by the
Board;
2. Paying the one-time application fee established by the Board;
*+,-11'121#+,, .;()"
3. Making the minimum contribution required by the Board or by
opening an account; and
4. Designating the type of account to be opened if more than one
type of account is offered.
B. Any person may make contributions to an account after the
account is opened.
C. Contributions to accounts may be made only in cash.
D. Account owners may withdraw all or part of the balance from
an account on sixty (60) days' notice, or a shorter period as may be
authorized by the Board, under rules prescribed by the Board. These
rules shall include provisions that will generally enable the Board
or program manager to determine if a withdrawal is a nonqualified
withdrawal or a qualified withdrawal. The rules may, but need not,
require one or more of the following:
1. Account owners seeking to make a qualified withdrawal or
other withdrawal that is not a nonqualified withdrawal shall provide
certifications, copies of bills for qualified higher education
expenses or other supporting material;
2. Qualified withdrawals from an account shall be made only by a
check payable jointly to the designated beneficiary and a higher
education institution; or
3. Withdrawals not meeting certain requirements shall be treated
as nonqualified withdrawals by the program manager.
E. An account owner may change the designated beneficiary of an
account to an individual who is a member of the family of the former
designated beneficiary in accordance with procedures established by
the Board.
F. An account owner may make the following changes and transfers
relating to the account:
1. Change the beneficiary of the account;
2. Transfer funds between accounts; and
3. Transfer funds between an account and an account in a
qualified tuition program in another state or make a deposit to a new
or existing account or to an account in a qualified tuition program
in another state.
The account owner shall be informed that certain tax consequences
may apply to these changes.
G. An account owner may make the changes, transfers, and
withdrawals described in subsection F of this section to an account
that is owned by the account owner. The account owner may also make
transfers to an account that is owned by another person. If a change
of beneficiary or transfer causes the total account balance for all
accounts under the program for the new beneficiary to exceed the
maximum account balance limit, the excess amount shall be rejected
and returned to the account owner.
H. In the case of any nonqualified withdrawal from an account,
an amount of not more than five percent (5%) of the proposed
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withdrawal may be withheld as a penalty and paid to the Board for use
in operating and marketing the program and for state student
financial aid.
I. The Board may set the percentage of the penalty prescribed in
subsection H of this section or change the basis of this penalty if
the Board determines that establishing a penalty or raising an
existing penalty is needed to discourage nonqualified withdrawals.
J. If an account owner makes a nonqualified withdrawal and no
penalty amount is withheld pursuant to subsection H of this section
or the amount withheld was less than the amount required to be
withheld under that subsection for nonqualified withdrawals, the
account owner shall pay the unpaid portion of the penalty to the
Board on or before April 15 of the following tax year.
K. Each account for each designated beneficiary shall be
maintained separately from each other account under the program.
L. Separate records and accounting shall be maintained for each
account for each designated beneficiary.
M. Except as permitted by Section 529 of the Internal Revenue
Code, no contributor to, account owner of, or designated beneficiary
of any account may directly or indirectly direct the investment of
any contributions to an account or the earnings from the account.
N. If the Board terminates the authority of a financial
institution to hold accounts and accounts must be moved from that
financial institution to another financial institution, the Board
shall select the financial institution and type of investment to
which the balance of the account is moved unless the Internal Revenue
Service provides guidance stating that allowing the account owner to
select among several financial institutions that are then contractors
would not cause a plan to cease to be a qualified state tuition plan.
O. Neither an account owner nor a designated beneficiary may use
an interest in an account as security for a loan. Any pledge of an
interest in an account is of no force and effect.
P. The Board shall adopt guidelines and procedures to prevent
contributions on behalf of a designated beneficiary in excess of
those necessary to pay the qualified higher education expenses of the
designated beneficiaries. The guidelines may address the following:
1. Procedures for aggregating the total balances of multiple
accounts in qualified state tuition programs established for a
designated beneficiary;
2. The establishment of a maximum total balance that may be held
in accounts for a designated beneficiary;
3. Requirements that persons who contribute to an account
certify that to the best of their knowledge the balance in all
qualified state tuition programs, as defined in Section 529 of the
Internal Revenue Code, of which the designated beneficiary is the
designated beneficiary does not exceed the lesser of:
*+,-11'121#+,, .;(!
a. a maximum college savings amount established by the
Board from time to time, and
b. the cost in current dollars of qualified higher
education expenses that the contributor reasonably
anticipates the designated beneficiary will incur;
4. Requirements that any excess balances with respect to a
designated beneficiary be promptly withdrawn in a nonqualified
withdrawal or transferred to another account of a family member or
rolled over to another family member beneficiary in accordance with
this section.
Q. The financial institution(s) shall make all reports and
informational returns as required by the Internal Revenue Service,
the Oklahoma Tax Commission, and other pertinent federal and state
laws and regulations.
R. The program manager shall make such reports with respect to
contributions, distributions and other matters that the Board may
require pursuant to federal and state law reporting requirements.
The statement shall identify the contributions made during a
preceding twelve-month period, the total contributions made through
the end of the period, the value of the account as of the end of this
period, distributions made during this period and any other matters
that the Board requires be reported to the account owner.
S. The State of Oklahoma, a local government of this state or
organizations described in Section 501(c)(3) of the Internal Revenue
Code may open and become the account owner of an account to fund
scholarships for persons whose identity will be determined after an
account is opened. Accounts established pursuant to this section
shall be exempt from the requirement that a beneficiary be designated
when an account is opened. Each person who receives an interest in
the account established pursuant to this section in the form of a
scholarship shall be considered a designated beneficiary for the
purposes of this act.
Added by Laws 1998, c. 366, § 7, eff. July 1, 1998. Amended by Laws
2002, c. 144, § 4, emerg. eff. April 29, 2002.
§70-3970.8. Repealed by Laws 2002, c. 144, § 5, emerg. eff. April
29, 2002.
§70-3970.9. Balance to be treated as asset of parent - Exceptions.
A. Any student loan program, student grant program, or other
financial assistance program established or administered by this
state shall treat the balance in an account of which the student is a
designated beneficiary as if it were an asset of the parent of the
designated beneficiary and not as a scholarship or grant or as an
asset of the student for determining a student's or parent's income,
assets or financial need.
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B. Subsection A of this section applies to any financial
assistance program administered by a state-supported college or
university.
C. Subsections A and B of this section shall not apply if any of
the following conditions exist:
1. Federal law requires all or a portion of the amount in an
account to be considered in a different manner;
2. Federal benefits could be lost if all or a portion of the
amount in an account is not considered in a different manner; or
3. A specific grant establishing a financial assistance program
requires that all or a portion of the amount in an account be
considered as an asset of the student.
Added by Laws 1998, c. 366, § 9, eff. July 1, 1998.
§70-3970.10. Limitations.
A. Nothing in this act shall be construed to:
1. Give a designated beneficiary any rights or legal interest
with respect to an account unless the designated beneficiary is the
account owner;
2. Guarantee that a designated beneficiary will be admitted to a
higher education institution or be allowed to continue enrollment at
or graduate from a higher education institution located in this state
after admission;
3. Establish state residency for a person merely because the
person is a designated beneficiary; or
4. Guarantee that amounts saved pursuant to the program will be
sufficient to cover the qualified higher education expenses of a
designated beneficiary.
B. Nothing in this act establishes any obligation of this state
or any agency or instrumentality of this state to guarantee for the
benefit of any account owner, contributor to an account or designated
beneficiary any of the following:
1. The return of any amounts contributed to an account;
2. The rate of interest or other return on any account;
3. The payment of interest or other return on any account; or
4. Tuition rates or the cost of related higher education
expenditures.
C. Under rules adopted by the Board, every contract,
application, deposit slip or other similar document that may be used
in connection with a contribution to an account shall clearly
indicate that the account is not insured by this state and neither
the principal deposited nor the investment return is guaranteed by
this state.
Added by Laws 1998, c. 366, § 10, eff. July 1, 1998.
§70-3970.11. Reports.
*+,-11'121#+,, .;(!$
The Board of Trustees of the Oklahoma College Savings Plan shall
submit a report summarizing any findings and recommendations
concerning the program to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
Governor by February 1 of each year.
Added by Laws 1998, c. 366, § 11, eff. July 1, 1998.
§70-3970.12. Effective date for opening of accounts.
No account under the Oklahoma College Savings Program shall be
opened prior to January 1, 1999, and until the Board of Trustees of
the Oklahoma College Savings Plan determines it is appropriate.
Added by Laws 1998, c. 366, § 12, eff. July 1, 1998.
§70-3980.1. Short title.
This act shall be known and may be cited as the “Oklahoma Higher
Education Promise of Excellence Act of 2005”.
Added by Laws 2005, c. 2, § 1, emerg. eff. March 31, 2005.
§70-3980.2. Power to issue obligations for capital improvements.
A. It is the intent of the Legislature to authorize the Board of
Regents of the University of Oklahoma, acting for the benefit of the
University of Oklahoma, the Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges, acting for the benefit of
Oklahoma State University, the Oklahoma State Regents for Higher
Education, acting for the benefit of other institutions within The
Oklahoma State System of Higher Education, and the Oklahoma Capitol
Improvement Authority to become issuers of obligations according to
the provisions and for the purposes authorized by this act.
B. Obligations issued by any of the authorized issuers pursuant
to this act supported by appropriation of revenues from the Oklahoma
Education Lottery Trust Fund pursuant to Section 41 of Article X of
the Oklahoma Constitution shall be considered and deemed to have been
authorized for the purposes of construction or acquisition of
educational facilities or equipment owned by or under the control of
the Oklahoma State Regents for Higher Education within the meaning of
paragraph 4 of subsection B of Section 41 of Article X of the
Oklahoma Constitution and/or capital outlay projects within the
meaning of paragraph 5 of subsection B of Section 41 of Article X of
the Oklahoma Constitution.
C. Obligations issued pursuant to the authority of this act
shall not be deemed or considered to be general obligations of the
State of Oklahoma, but shall be limited and special obligations of
the authorized issuer for the benefit of the applicable institutions
within The Oklahoma State System of Higher Education under their
respective auspices and control.
D. Neither the appropriations powers of the Legislature pursuant
to Article V of the Oklahoma Constitution nor the powers described by
*+,-11'121#+,, .;(!(
Section 3 of Article XIII-A of the Oklahoma Constitution with respect
to monies lawfully appropriated to the Oklahoma State Regents for
Higher Education nor the power of the Legislature to impose taxes,
generally, shall be pledged to the repayment of any obligations
issued pursuant to the provisions of this act and any obligation
issued by any authorized issuer hereunder shall affirmatively state
this restriction.
E. It is the intent of the Legislature to improve the ability of
the Oklahoma State Regents for Higher Education and the other
specifically designated Boards of Regents within The Oklahoma State
System of Higher Education to finance capital improvements and to
provide a method by which the total revenues available to each
respective authorized issuer of obligations, or revenues available
within The Oklahoma State System of Higher Education as prescribed by
this act, may be pledged to the repayment of the obligations,
resulting in a higher credit rating and an interest cost savings to
The Oklahoma State System of Higher Education.
Added by Laws 2005, c. 2, § 2, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 1, emerg. eff. May 24, 2005.
§70-3980.3. Definitions.
As used in this act, and unless the context clearly requires
otherwise:
1. “Authorized issuer” means:
a. the Oklahoma State Regents for Higher Education acting
for the benefit of any institution within The Oklahoma
State System of Higher Education other than the
University of Oklahoma or Oklahoma State University,
b. the Board of Regents of the University of Oklahoma
acting for the benefit of the University of Oklahoma,
c. the Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges, acting for the benefit of Oklahoma
State University, and
d. the Oklahoma Capitol Improvement Authority;
2. "Bonds" means any bonds, notes, obligations, debentures,
interim certificates, grant and revenue anticipation notes, interest
in a lease, lease certificates of participation, lease purchase
agreements, commercial paper, variable interest rate obligations of
any kind, or other evidences of indebtedness, whether or not the
interest on which is includable in the gross income of the recipients
thereof for federal income tax purposes, issued by an authorized
issuer pursuant to this act;
3. “Regents” means either the Oklahoma State Regents for Higher
Education, the Board of Regents of the University of Oklahoma or the
Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges; and
*+,-11'121#+,, .;(!
4. “State Regents” means the Oklahoma State Regents for Higher
Education.
Added by Laws 2005, c. 2, § 3, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 2, emerg. eff. May 24, 2005.
§70-3980.4. Authorized revenues for repayment of obligations -
Approval procedures for issuance of obligations - Restrictions on
issuance.
A. The Oklahoma State Regents for Higher Education shall be
authorized to issue indebtedness for capital projects to benefit each
and every institution within The Oklahoma State System of Higher
Education except the University of Oklahoma and Oklahoma State
University.
B. The Board of Regents of the University of Oklahoma shall be
authorized to issue indebtedness for capital projects to benefit the
University of Oklahoma as provided by paragraph (n) of Section 3305
of this title. The Board of Regents of the University of Oklahoma,
acting for the benefit of the University of Oklahoma, shall be
authorized to pledge any lawfully available source of revenue other
than revenues appropriated by the Legislature from tax receipts, but
inclusive of revenues derived from the Oklahoma Education Lottery Act
accruing to the credit of the University of Oklahoma to the repayment
of obligations issued pursuant to this subsection and, with respect
to obligations issued for the purpose specified in Section 160.1 of
Title 62 of the Oklahoma Statutes, inclusive of monies accruing to
the credit of the Comprehensive Cancer Center Debt Service Revolving
Fund.
C. The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges shall be authorized to issue indebtedness for
capital projects to benefit Oklahoma State University pursuant to
paragraph 16 of Section 3412 of this title. The Board of Regents for
the Oklahoma Agricultural and Mechanical Colleges, acting for the
benefit of Oklahoma State University, shall be authorized to pledge
any lawfully available source of revenue, other than revenues
appropriated by the Legislature from tax receipts, but inclusive of
revenues derived from the Oklahoma Education Lottery Act, accruing to
the credit of Oklahoma State University to the repayment of
obligations issued pursuant to this subsection.
D. The Oklahoma State Regents for Higher Education shall be
required to affirmatively approve the issuance of obligations
pursuant to the provisions of this act by either the Board of Regents
of the University of Oklahoma, acting for the benefit of the
University of Oklahoma or the Board of Regents for the Oklahoma
Agricultural and Mechanical Colleges, acting for the benefit of
Oklahoma State University. For each of the proposed bond issues
authorized pursuant to this act, a Statement of Essential Facts shall
be prepared by the issuing Board of Regents for the use and
*+,-11'121#+,, .;(!)
information of prospective bond purchasers. It shall be the duty of
the Oklahoma State Regents for Higher Education to examine such
Statement of Essential Facts and determine that, based upon such
facts and projections, the projected revenue will satisfy the
financial obligation to be incurred under the proposed bond issue.
If the facts are found by the State Regents to be substantially
accurate and if the State Regents find that, based upon such facts
and projections, the projected revenue will satisfy the financial
obligation to be incurred under the proposed bond issue, then the
Oklahoma State Regents for Higher Education shall certify such to the
Governor, the Speaker of the Oklahoma House of Representatives and
the President Pro Tempore of the Oklahoma State Senate. The
certificate shall be made in substantially the following form:
The Oklahoma State Regents for Higher Education do hereby certify
that the provisions of this section have been complied with in proper
order, for the bond issue mentioned above.
E. All obligations except refunding or defeasance obligations
proposed to be issued by an authorized issuer pursuant to the
Oklahoma Higher Education Promise of Excellence Act of 2005 shall be
subject to final approval by the Legislature as provided by this
subsection. The authorized issuer shall communicate the proposed
projects and the terms of the financing to the Governor, the Speaker
of the House of Representatives and the President Pro Tempore of the
State Senate prior to the time any such obligations are sold. The
communication required by this subsection shall be made not later
than April 1 each year. The communication to such elected officials
shall occur upon the same date for purposes of computing the time
within which action must be taken as further prescribed by this
subsection. The Legislature shall have a period of forty-five
calendar days from the date as of which the information is
communicated to the presiding officers of both chambers in order to
pass a Concurrent Resolution disapproving the proposed issuance. If
the Concurrent Resolution has not received a majority of votes of
those elected to and constituting both the Oklahoma House of
Representatives and the Oklahoma State Senate by the end of the
forty-fifth day following the date upon which the proposed issuance
is communicated to the presiding officers of both chambers, the
proposed issuance shall be deemed to have been approved by the
Legislature.
F. With the approval of the Oklahoma State Regents for Higher
Education, the total revenues described by subsection B and
subsection C of this section may be pledged to the repayment of
obligations issued by either the Board of Regents of the University
of Oklahoma or obligations issued by the Board of Regents for the
Oklahoma Agricultural and Mechanical Colleges in order to obtain the
highest possible credit rating. 1If the Board of Regents of the
University of Oklahoma and the Board of Regents for the Oklahoma
*+,-11'121#+,, .;(!!
Agricultural and Mechanical Colleges agree to the use of the total
revenues available to each such Board of Regents pursuant to this
subsection for a project that benefits either the University of
Oklahoma or Oklahoma State University or both such comprehensive
universities, there shall be an agreement executed by both such
Boards of Regents describing the project, the principal amount of the
indebtedness, the terms of the financing and such other matters as
the two Boards of Regents may mutually agree. Such agreement shall
be executed prior to the sale of any obligations by either Board of
Regents with respect to the proposed project or projects. The
agreement shall provide for one or the other Board of Regents to be
the authorized issuer with respect to the project or projects. The
agreement shall also provide for the ownership or control of any real
or personal property to be improved or acquired with the proceeds
from the sale of any such obligations, including any requirements for
the transfer of real or personal property from one comprehensive
university to the other comprehensive university if such transfer is
required in order to promote or ensure the marketability of any
obligations sold by either Board of Regents.
G. The Oklahoma State Regents for Higher Education may pledge
all lawfully available revenues, other than revenues appropriated by
the Legislature from tax receipts, but inclusive of revenues derived
from the Oklahoma Education Lottery Act, and other than the revenues
described by subsection B or subsection C of this section, to the
repayment of obligations issued by the State Regents.
H. The authorized issuers shall be subject to the following
restrictions governing the issuance of the obligations authorized by
this act:
1. Obligations used to pay for the following assets shall be
repaid in a period not to exceed five (5) years:
a. computers,
b. portable telecommunications equipment costing less than
Fifty Thousand Dollars ($50,000.00),
c. motor vehicles, and
d. any other item of tangible personal property with an
original useful life of six (6) years or less;
2. Obligations used to pay for the following assets shall be
repaid in a period not to exceed ten (10) years:
a. equipment with an original cost of less than One
Hundred Thousand Dollars ($100,000.00), per item, and
b. renovation of existing structures, unless the cost of
the renovation exceeds the fair market value of the
existing structure or unless the improvement extends
the useful life of the existing structure, but in no
case shall the maturity period exceed the period by
which the life of the existing structure is extended;
and
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3. Obligations used to pay for all other assets shall be repaid
in a period not to exceed thirty (30) years and in no case shall the
latest maturity date of an obligation exceed the expected useful life
of the asset.
Added by Laws 2005, c. 2, § 4, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 3, emerg. eff. May 24, 2005; Laws 2006, c.
221, § 1, eff. Nov. 1, 2006; Laws 2008, c. 286, § 1, eff. July 1,
2008.
§70-3980.6. Corporate powers.
The authorized issuers are for purposes of this act hereby
granted, have and may exercise all powers necessary or appropriate to
carry out and effectuate their respective corporate purposes,
including, without limiting the generality thereof, the following:
1. To make and execute contracts with any individual,
corporation, whether profit or nonprofit, association or any other
entity and all other instruments necessary or convenient for the
performance of its duties and the exercise of its powers and
functions pursuant to the provisions of this act;
2. To employ underwriters, bond or other legal counsel,
financial advisors, consultants, a financial institution to serve as
trustee, paying agent or in any fiduciary capacity in connection with
any program, indenture or general resolution of the Regents, or any
other experts and to determine their qualifications, duties and
compensation subject to the provisions of this act for advice and
oversight of the State Bond Advisor;
3. To procure insurance against any loss in connection with its
property and other assets in such amounts and from such insurers as
it deems desirable;
4. To borrow money and to issue bonds, whether or not the
interest thereon is to be includable in the gross income of the
recipients thereof for federal income tax purposes, including,
without limitation, to provide on a pooled or consolidated basis
financing for the purposes and projects herein provided and to
provide for the security and sources of payments therefor;
5. To receive and accept aid or contributions from any source of
money, property, labor, or other things of value to be held, used and
applied to carry out the purposes of this act subject to the
conditions upon which the grants and contributions are made,
including, but not limited to, gifts or grants from any department,
agency or instrumentality of the United States or of the state for
any purpose consistent with this act;
6. To obtain from any department or agency of the United States
of America or nongovernmental insurer any insurance or guaranty, to
the extent now or hereafter available, as to, or of, or for, the
payment or repayment of, interest or principal, or both, or any part
thereof, on any bonds issued by the authorized issuers, or on any
*+,-11'121#+,, .;(!"
municipal securities of political subdivisions purchased or held by
the authorized issuers, pursuant to this act; and, notwithstanding
any other provisions of this act, to enter into any agreement or
contract whatsoever with respect to any such insurance or guaranty,
except to the extent that the same would in any way impair or
interfere with the ability of the authorized issuers to perform and
fulfill the terms of any agreement made with the owners of the bonds
of the authorized issuers;
7. To sell, convey, lease, exchange, transfer or otherwise
dispose of, all or any of its property or any interest therein,
wherever situated;
8. To provide financing assistance for the purposes and projects
herein provided;
9. To acquire, purchase, hold, store, advertise, market, sell,
trade, barter, exchange, distribute, transport, process, utilize and
contract in all manner with respect thereto and for commodities,
products and services, and real or personal property or any interest
therein and to contract for, issue and utilize letters of credit and
other credit facilities and incur indebtedness and to arrange, form,
make, guarantee, issue, remit, receive, receipt, process and collect
payments and equivalents, howsoever nominated, in connection with or
for purposes of any of the foregoing and for the purpose of executing
and fulfilling the purposes of the authorized issuers as prescribed
by this act;
10. To acquire, reacquire, construct, reconstruct, extend, rent,
lease, purchase, use, loan, borrow, install, equip, maintain,
operate, renovate, refurbish, enlarge, remodel, convey, sell, at
public or private sale, encumber, alleviate, transfer, exchange,
dispose of and/or resell, any property, real, personal or mixed,
improvements, buildings, equipment, chattels, furnishings, fixtures,
trade fixtures, and any and all other facilities and/or property of
whatever nature, including any and all rights to or therein for use
by corporations, individuals, cooperatives, partnerships,
associations or proprietary companies for any of or for the purpose
of executing and/or fulfilling the purposes of the Regents, and to
plan, establish, develop, construct, enlarge, improve, extend,
maintain, equip, operate, lease, furnish, provide, supply, regulate,
hold, store and administer property, buildings, improvements, and
facilities of every nature, which may be useful in pursuing,
promoting, executing and/or fulfilling the aforementioned purposes;
11. To the extent permitted under its contract with the owners
of bonds, to consent to any modification with respect to rate of
interest, time, and payment of any installment of principal or
interest security or any other term of any contract, mortgage,
contract or agreement of any kind to which the authorized issuers are
a party;
*+,-11'121#+,, .;(!
12. To purchase its own bonds at such price or prices as the
authorized issuers shall determine, subject to any agreement with the
owners of bonds;
13. To enter into financial documents with others for the
purpose of receiving revenues to pay the bonds authorized by this
act; to lease, sell, or otherwise dispose of any or all of its
projects to others for such revenues and upon such terms and
conditions as the authorized issuers may deem advisable; and to grant
options to renew any financing agreement with respect to project and
to grant options to buy any project at such price or prices as the
authorized issuers deem desirable;
14. To lend money to the state or political subdivisions through
the purchase by the authorized issuers of obligations of the state or
political subdivisions;
15. To collect fees and charges in connection with its loans,
commitments and servicing, including, but not limited to,
reimbursement of costs of financing as the authorized issuers shall
determine to be reasonable and as shall be approved by the authorized
issuers;
16. To provide services, technical assistance and advice to this
state and political subdivisions and to enter into contracts with
this state and political subdivisions to provide such services. The
State of Oklahoma and its political subdivisions are hereby
authorized to enter into contracts with the authorized issuers for
such services and to pay for such services as may be provided them;
17. To contract, cooperate, or join with any one or more other
governments or public agencies, or with the state, any political
subdivisions of this state, or the United States, to perform any
administrative service, activity, or undertaking which any such
contracting party is authorized by law to perform, including the
issuance of bonds;
18. To invest any funds available to the authorized issuers,
whether or not from the proceeds of bonds, in such securities or
pursuant to such agreements or other arrangements as the authorized
issuers shall determine, subject to any agreements with bond owners
or other creditors of the authorized issuers; and
19. To exercise all other powers and functions necessary or
appropriate to carry out the duties and purposes set forth in this
act, including, but not limited to, the power to enter into
transactions involving variable interest rates and interest rate
swaps.
Added by Laws 2005, c. 2, § 6, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 7, emerg. eff. May 24, 2005.
§70-3980.7. Power to borrow money and issue bonds - Bond resolutions
- Bonds deemed negotiable instruments.
*+,-11'121#+,, .;(
A. An authorized issuer shall have the power and is hereby
authorized to borrow money and to issue bonds in such principal
amounts as the authorized issuer determines shall be necessary to
provide sufficient funds for:
1. The providing of financing for all or any part of any
projects of the Regents as authorized under this act;
2. The payment of principal and interest on bonds of the
authorized issuer;
3. The establishment of reserves to secure the bonds; and
4. All other expenditures of the authorized issuer incident to
and necessary or convenient to carry out its purposes and powers,
including the payment of any credit enhancement fees and costs of
issuance incurred in connection with the issuance of bonds. The
authorized issuer shall have the power to make expenditures for
purposes of insuring and securing holders of bonds as provided in
this act.
B. The authorized issuer shall have the power to refund any
bonds and any bonds, notes or other obligations heretofore or
hereafter issued by any other issuer of bonds in the state if the
authorized issuer is authorized hereunder to issue bonds for the
purpose the refunded bonds were issued by the issuance of new bonds,
whether the bonds to be refunded have or have not matured, and to
issue bonds partly to refund bonds then outstanding and partly for
any of its corporate purposes. Refunding bonds may be issued in such
amount as the authorized issuer may determine, but not exceeding an
amount sufficient to refund the principal amount of the bonds or
notes to be refunded, together with any unpaid interest accrued and
to accrue thereon and any premiums, expenses and commissions incurred
in connection with the issuance of such refunding bonds and any
reserve established in connection with the issuance of such refunding
bonds. The refunding bonds may be sold and the proceeds applied to
the purchase, redemption, or payment of the bonds to be refunded or
exchanged for the bonds to be refunded, all as determined by the
authorized issuer.
C. All bonds of the authorized issuer issued pursuant to this
section shall be special and limited obligations of the authorized
issuer, secured and payable solely out of the revenues and receipts,
excluding appropriations from tax receipts, derived pursuant to a
financing agreement, but in no case shall such obligations be general
obligations of the State of Oklahoma.
D. The bonds shall be authorized by resolution or resolutions of
the authorized issuer, shall be dated such date or dates, and shall
mature at such time or times as such resolution or resolutions may
provide. The bonds shall bear interest at such rate or rates or
contain terms providing for the means of determining such rate or
rates, including variations in such rates, be in such denomination,
be in such form, either coupon or registered, or in book-entry form,
*+,-11'121#+,, .;(
carry such registration privileges, be executed in such manner, be
payable in such medium of payment, at such place or places, and be
subject to such term of redemption, including redemptions prior to
maturity, as such resolution or resolutions may provide. The bonds
of the authorized issuer may be sold by the authorized issuer at
public or private sale, and at the price or prices as the authorized
issuer shall determine.
E. Any resolution or resolutions authorizing any bonds or any
issue thereof may contain provisions, which shall be a part of the
contract or contracts with the owners thereof, as to:
1. Pledging all or any part of the revenues to secure the
payment of the bonds or of any issue thereof, subject to such
agreements with bondowners as may then exist;
2. Pledging all or any part of the assets of the authorized
issuer, including mortgages and obligations securing the same, to
secure the payment of the bonds or of any issue of bonds, subject to
the agreements with bondowners as may then exist;
3. The use and disposition of the gross income from assets of
any type owned by the authorized issuer and payment of principal of
assets of any type owned by the authorized issuer;
4. The setting aside of reserves or sinking funds and the
regulations and disposition thereof;
5. Limitations on the purpose to which the proceeds of sale of
bonds may be applied and pledging the proceeds to secure the payment
of the bonds;
6. Limitations on the issuance of additional bonds, the terms
upon which additional bonds may be issued and secured, and the
refunding of outstanding or other bonds;
7. The procedure, if any, by which the terms of any contract
with bondowners may be amended or abrogated, the amount of bonds the
owners of which must consent thereto, and the manner in which the
consent may be given;
8. Vesting in a trustee such property, rights, powers and duties
in trust as the authorized issuer may determine, which may include
any or all of the rights, powers, and duties of the trustee appointed
by the bondowners pursuant to this act and limiting or abrogating the
right of bondowners to appoint a trustee under this act or limiting
the rights, powers, and duties of the trustee;
9. Defining the acts or omissions to act which shall constitute
a default in the obligations and duties of the authorized issuer to
the owners of the bonds and providing for the rights and remedies of
the owners of the bonds in the event of default, including as a
matter of right the appointment of a receiver; but the rights and
remedies shall not be inconsistent with the general laws of the state
and other provisions of this act; and
10. Any other matters, of like or different character, which in
any way affect the security or protection of the owners of the bonds.
*+,-11'121#+,, .;($
F. Any pledge made by the authorized issuer shall be valid and
binding from the time when the pledge is made. The revenues, monies,
or property so pledged and thereafter received by the authorized
issuer shall immediately be subject to the lien of such pledge
without any physical delivery thereof or further act, and the lien of
any such pledge shall be valid and binding as against all parties
having claims of any kind in tort, contract, or otherwise against the
authorized issuer, irrespective of trust indenture whether the
parties have notice thereof. Neither the resolution, trust indenture
nor any other instrument by which a pledge is created need be
recorded.
G. Bonds of the authorized issuer may be secured by resolution
of the authorized issuer or a trust indenture or similar document by
and between the authorized issuer and a corporate trustee, which may
be any bank having the power of a trust company or any trust company
as provided by law. Such resolution, trust indenture or similar
document may contain such provisions for protecting and enforcing the
rights and remedies of the bondowners as may be reasonable and proper
and not in violation of law, including covenants setting forth the
duties of the authorized issuer in relation to the exercise of its
corporate powers and the custody, safeguarding and application of all
monies. The authorized issuer may provide by the resolution or trust
indenture for the payment of the proceeds of the bonds and the
revenues to the trustee under the trust indenture or other
depository, and for the method of disbursement thereof, with such
safeguards and restrictions as it may determine.
H. Whether or not the bonds are of the form and character as to
be negotiable instruments under the terms of the Uniform Commercial
Code, the bonds are hereby made negotiable instruments within the
meaning of and for all the purposes of the Uniform Commercial Code,
subject only to the provisions of the bonds relating to registration.
I. In the event that any of the members or officers of the
authorized issuer shall cease to be members or officers of the
authorized issuer prior to the delivery of any bonds or coupons
signed by them, their signatures or facsimiles thereof shall
nevertheless be valid and sufficient for all purposes, the same as if
such members or officers had remained in office until such delivery.
J. Neither the members of the authorized issuer nor any other
person executing the bonds issued under this act shall be subject to
personal liability or accountability by reason of the issuance
thereof.
K. The authorized issuer shall have the power to provide for the
replacement of lost, destroyed, or mutilated bonds.
L. Except as otherwise provided by this act, bonds issued
pursuant to the provisions of this act shall never constitute an
indebtedness of the state within the meaning of any state
constitutional provision or statutory limitation, but such bonds
*+,-11'121#+,, .;((
shall be indebtedness payable solely from sources indicated on the
bond documents, and shall never constitute nor give rise to a
pecuniary liability of this state or a charge against the general
credit of the state or taxing powers of the state, and such fact
shall be plainly stated on the face of each bond.
Added by Laws 2005, c. 2, § 7, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 8, emerg. eff. May 24, 2005.
§70-3980.8. Transfer and interest exempt from taxation.
The obligations issued pursuant to this act by an authorized
issuer, the transfer thereof and the interest earned on such
obligations, including any profit derived from the sale thereof,
shall not be subject to taxation of any kind by the State of
Oklahoma, or by any county, municipality or political subdivision
therein.
Added by Laws 2005, c. 2, § 8, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 9, emerg. eff. May 24, 2005.
§70-3980.9. Application for credit rating.
The Oklahoma State Regents for Higher Education, the Board of
Regents of the University of Oklahoma and the Board of Regents for
the Oklahoma Agricultural and Mechanical Colleges shall make
application for a credit rating from a nationally recognized rating
agency with expertise in the evaluation of obligations issued by
governmental entities as determined necessary and prudent by the
State Bond Advisor.
Added by Laws 2005, c. 2, § 9, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 10, emerg. eff. May 24, 2005.
§70-3980.10. Audited financial statements.
A. Each authorized issuer and each institution within The
Oklahoma State System of Higher Education that receives proceeds from
the sale of any obligations issued pursuant to the Oklahoma Higher
Education Promise of Excellence Act of 2005 shall issue financial
statements audited by an independent certified public accountant
within one hundred twenty (120) days after the close of the fiscal
year.
B. Within thirty (30) days after completion of the audited
financial statements pursuant to subsection A of this section, each
institution shall cause the audited financial statement or a summary
thereof to be made available to the general public on its web page.
Added by Laws 2005, c. 2, § 10, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 11, emerg. eff. May 24, 2005; Laws 2008, c.
79, § 1.
§70-3980.11. Repealed by Laws 2005, c. 218, § 16, emerg. eff. May
24, 2005.
*+,-11'121#+,, .;(
§70-3980.12. Oklahoma Capitol Improvement Authority - Loans and
issuance of obligations - Authorized projects.
A. For the purpose of paying the costs for acquisition,
reimbursement and construction of real and personal property and
making repairs, refurbishments and improvements to real and personal
property, and providing funding for the herein enumerated capital
projects at institutions of higher education which are part of The
Oklahoma State System of Higher Education and for the purpose
authorized in subsection B of this section, the Oklahoma Capitol
Improvement Authority is hereby authorized to borrow monies on the
credit of the income and revenues to be derived from the leasing of
such real and personal property and improvements and, in anticipation
of the collection of such income and revenues, to issue negotiable
obligations in a total amount sufficient, after deduction of costs of
issuance, reserves and cost of any credit enhancement, to generate
Four Hundred Seventy-five Million Dollars ($475,000,000.00) in net
proceeds to be expended on the projects enumerated herein whether
issued in one or more series. Insofar as not in conflict with the
provisions of this section, the provisions of Section 151 et seq. of
Title 73 of the Oklahoma Statutes shall apply to the obligations
issued under this section by the Oklahoma Capitol Improvement
Authority. It is the intent of the Legislature to appropriate to the
Oklahoma State Regents for Higher Education for allocation to the
various institutions enumerated herein from the Oklahoma Education
Lottery Trust Fund and from such other sources as may be necessary
sufficient monies to make rental payments for the purposes of
retiring the obligations created pursuant to this section. Bonds
issued pursuant to this section shall be used for financing for the
following projects in the indicated amounts:
1. Projects at the University of Oklahoma of approximately One
Hundred Eight Million One Hundred Eighty Thousand Nine Hundred Fifty-
six Dollars ($108,180,956.00) to include:
a. construction of a chemistry and biochemistry teaching
and research-laboratory complex,
b. installation of fire detection and suppression systems
in library areas,
c. classroom renovation and improvements,
d. construction of library and learning center facilities
and parking structure at the OU-Tulsa campus,
e. construction of a College of Allied Health Phase II
Building and parking structure,
f. infrastructure improvements for the University Research
Campus,
g. construction of new engineering and technology
facilities,
*+,-11'121#+,, .;()
h. construction of a student learning center for
University College,
i. renovation and expansion of Gould Hall,
j. renovation of Hester Hall,
k. renovation of Rhyne Hall,
l. renovation of Science Hall,
m. completion of construction of weather center,
n. renovation of Ellison Hall,
o. construction of a cancer center,
p. construction of a speech and hearing facility, and
q. renovation of Schusterman Center at OU-Tulsa;
2. Projects at the Oklahoma State University of approximately
Seventy-six Million One Hundred Sixty-eight Thousand Two Hundred
Sixty-two Dollars ($76,168,262.00) to include:
a. construction of a new science and technology research
center and renovation of existing research laboratory
and office space,
b. restoration and renovation of South Murray Hall, and
c. construction of a new classroom building;
3. Projects at Oklahoma State University Institute of
Technology-Okmulgee of approximately Six Million Four Hundred Sixty-
two Thousand Three Hundred Seventy Dollars ($6,462,370.00) to
include:
a. creation of a rural health science and technology
center,
b. renovation and expansion of culinary facility, and
c. resurfacing of campus streets and parking lots;
4. Projects at the OSU College of Veterinary Medicine of
approximately One Million One Hundred Seven Thousand Eight Hundred
Thirty-five Dollars ($1,107,835.00) to include:
a. renovation of McElroy Hall, and
b. renovation of Boren Veterinary Teaching Hospital;
5. Projects at OSU-Oklahoma City of approximately Seven Million
Three Hundred Eighty-five Thousand Five Hundred Sixty-six Dollars
($7,385,566.00) to include:
a. construction of an addition to the agriculture resource
center,
b. construction of a physical plant building,
c. acquisition of real property within existing campus
area, and
d. construction of a public safety training facility;
6. Projects at the OSU-Center for Health Science of
approximately Four Million Sixty-two Thousand Sixty-one Dollars
($4,062,061.00) to include renovation of existing facilities;
7. Projects at OSU-Tulsa of approximately Twelve Million Nine
Hundred Ninety-four Thousand Eight Hundred Sixty-two Dollars
*+,-11'121#+,, .;(!
($12,994,862.00) to include construction of an advanced technology
research center;
8. Projects at the University of Central Oklahoma of
approximately Nineteen Million Six Hundred Ninety-five Thousand Three
Hundred Twenty-nine Dollars ($19,695,329.00) to include:
a. renovation of Old North Building,
b. construction of a new classroom building, and
c. construction of a forensic science building;
9. Projects at East Central University of approximately Ten
Million Eight Hundred Ten Thousand One Hundred Eighty-two Dollars
($10,810,182.00) to include:
a. construction of a fine arts center, and
b. construction of a criminal justice skills training
center;
10. Projects at Northeastern State University of approximately
Twenty-two Million Nine Hundred Seventy-two Thousand Seven Hundred
Sixty Dollars ($22,972,760.00) to include:
a. renovation of the Science Building,
b. renovation and repair of classroom buildings,
c. renovation of the Industrial Arts Building, and
d. completion of construction on classrooms, other
buildings and parking lots at the Broken Arrow campus;
11. Projects at Northwestern Oklahoma State University of
approximately Six Million Eight Hundred Thirteen Thousand Four
Hundred Thirty-two Dollars ($6,813,432.00) to include:
a. construction of Education Building,
b. renovation of Science Building and upgrading of science
equipment, and
c. renovation of the Health and Physical Education
Building;
12. Projects at Rogers State University of approximately
Thirteen Million Nine Hundred Twenty-two Thousand Seven Hundred Two
Dollars ($13,922,702.00) to include:
a. construction and renovation of classrooms and other
buildings at the Bartlesville campus,
b. construction and furnishing of a classroom building and
parking lot,
c. general infrastructure upgrades and improvements,
d. expansion and renovation of Thunderbird and Post Hall,
including furnishings and parking lot improvements,
e. construction of a building and parking lot at the Pryor
Campus, and
f. renovation and repairs to other buildings on campus;
13. Projects at Southeastern Oklahoma State University of
approximately Ten Million Sixty-two Thousand Seven Hundred Fifty-
eight Dollars ($10,062,758.00) to include:
a. renovation of the Aviation Science Building,
*+,-11'121#+,, .;(
b. installation of an ADA elevator within the athletic
facility,
c. construction and renovation of classrooms,
d. renovation and construction of Academic Support
Services Building,
e. improvements to the Administration Building,
f. renovation of the Theatre Building,
g. renovation of the Science Building, and
h. renovation of the Morrison Building;
14. Projects at Southwestern Oklahoma State University of
approximately Twelve Million Three Thousand Sixty-five Dollars
($12,003,065.00) to include:
a. renovation of the Chemistry, Pharmacy and Physics
Building,
b. renovation of existing theatre and construction of new
theatre,
c. upgrade of instructional equipment and elevators,
d. energy efficiency improvements for various buildings,
e. renovation and improvements to buildings on the Sayre
campus,
f. construction of outdoor classroom area, relocation of
university observatory and other improvements,
g. renovation of the Art Building, and
h. renovation and addition to the Industrial Technology
and Engineering Building;
15. Projects at Cameron University of approximately Twelve
Million Fifty-nine Thousand Two Hundred Forty-seven Dollars
($12,059,247.00) to include:
a. either construction or renovation and expansion of
Business Building,
b. improvements to the Shepler Center and the Fitness
Center,
c. improvements on campus-wide scale needed to achieve ADA
compliance,
d. improvements to parking areas and access roads,
e. improvements to campus buildings, and
f. improvements to gymnasium;
16. Projects at Langston University of approximately Eighteen
Million Three Hundred Seventy Thousand One Hundred Eighty-seven
Dollars ($18,370,187.00) to include:
a. construction of a Student Success Center,
b. renovation and construction of the Allied Health
Complex,
c. construction of a Performing Arts Center, and
d. construction of an Oklahoma African-American Museum;
*+,-11'121#+,, .;("
17. Projects at Oklahoma Panhandle State University of
approximately Seven Million Two Hundred Eighty Thousand Dollars
($7,280,000.00) to include:
a. construction of a science and agriculture building, and
b. construction of the Noble Activity and Cultural Center;
18. Projects at the University of Science and Arts of Oklahoma
of approximately Six Million Sixty-eight Thousand Eight Hundred
Thirty-two Dollars ($6,068,832.00) to include:
a. renovation of Canning Hall,
b. improvements to parking areas and roofing of various
buildings,
c. renovation of performing arts and academic lecture
venues,
d. renovation of art annex, and
e. acquisition of classroom, laboratory and library
equipment;
19. Projects at Carl Albert State College of approximately Eight
Million Six Hundred Forty-seven Thousand Six Hundred One Dollars
($8,647,601.00) to include:
a. construction of a new classroom building and parking
lot,
b. construction of CASC Sallisaw Classroom and Library,
c. renovation and expansion of Joe E. White Library, and
d. renovation and expansion of the Mick Thompson
Convocational Center;
20. Projects at Connors State College of approximately Seven
Million Twenty-five Thousand Dollars ($7,025,000.00) to include:
a. renovation of the Classroom Building, Library and
Education Buildings,
b. renovation of the Fine Arts Building,
c. renovation of a building to become one-stop enrollment
center,
d. renovation and addition to Haskell Building on Muskogee
campus, and
e. renovation and expansion of existing buildings for the
expansion of Allied Health and Technical programs;
21. Projects at Eastern Oklahoma State College of approximately
Seven Million Nine Hundred Ten Thousand One Hundred One Dollars
($7,910,101.00) to include:
a. construction of a student life and learning center,
b. repair and improvements to various campus facilities,
and
c. campus-wide software replacement;
22. Projects at Murray State College of approximately Seven
Million Twenty-five Thousand Dollars ($7,025,000.00) to include:
a. renovation and improvements to various campus
facilities,
*+,-11'121#+,, .;(
b. construction of a building for customer service and
laboratory facilities,
c. construction of a maintenance building,
d. landscaping and parking and street improvements,
e. acquisition of technology equipment, and
f. acquisition of equipment to address instructional needs
and campus security and safety issues;
23. Projects at Northern Oklahoma College of approximately
Fourteen Million Two Hundred Ninety-three Thousand Two Hundred
Thirty-five Dollars ($14,293,235.00) to include:
a. renovation and repair of buildings, parking areas and
infrastructure on Enid campus,
b. renovation of and furnishing and equipment for Wilkin
Hall,
c. construction of Allied Health and Educational
Communication Center,
d. renovation and expansion of the Vineyard Library
Administration Building, and
e. construction in conjunction with OSU of a new classroom
building in Stillwater;
24. Projects at Northeastern Oklahoma A&M College of
approximately Six Million Dollars ($6,000,000.00) to include:
a. renovation, expansion and equipment for Health Science
Building,
b. renovation of Commons Hall, and
c. renovation and restoration of Science Building;
25. Projects at Oklahoma City Community College of approximately
Fifteen Million Three Hundred Thirty-five Thousand One Hundred One
Dollars ($15,335,101.00) to include:
a. construction of the Arts Education Center, and
b. expansion of the Health Professions Education Center;
26. Projects at Redlands Community College of approximately Six
Million Seven Hundred Seventy Thousand Dollars ($6,770,000.00) to
include:
a. construction of the Darlington Agricultural Center,
b. construction of a health, math and science facility,
c. renovation and automation of library,
d. acquisition of real property for Darlington Production
facility,
e. construction of facility to house International and
Entrepreneurship Business Institute, and
f. infrastructure improvements and upgrades;
27. Projects at Rose State College of approximately Eleven
Million Seven Hundred Seventy-five Thousand Dollars ($11,775,000.00)
to include construction of a Health Sciences Center;
*+,-11'121#+,, .;("
28. Projects at Seminole State College of approximately Six
Million Seven Hundred Fifty Thousand Dollars ($6,750,000.00) to
include:
a. construction of a wellness and athletic training
facility,
b. renovation and equipment acquisition necessary to
accommodate persons with disabilities,
c. acquisition and improvement of computer network
equipment,
d. renovation and expansion of facilities to develop a
student success center,
e. construction of maintenance building and affiliated
roads and parking,
f. acquisition of building for office space and storage,
and
g. construction and expansion of roads and parking
facilities;
29. Projects at Tulsa Community College of approximately Sixteen
Million Twenty-five Thousand Dollars ($16,025,000.00) to include:
a. construction of a distance learning center, and
b. construction of a math and science building;
30. Projects at Western Oklahoma State College of approximately
Six Million Dollars ($6,000,000.00) to include:
a. construction of a cooperative higher education and
training center,
b. construction and repair of parking lots, roads and
walkways, and
c. acquisition of software and information technology
equipment;
31. Projects at the University Center of Southern Oklahoma of
approximately Six Hundred Thousand Dollars ($600,000.00) to include:
construction of classrooms in a new facility;
32. Projects at the McCurtain County Higher Education Center of
approximately Six Hundred Thousand Dollars ($600,000.00) to include
renovation and expansion of chemistry laboratory and classroom and
acquisition of equipment;
33. Projects at the Quartz Mountain Arts and Conference Center
of approximately Three Million One Hundred Seventy-three Thousand
Five Hundred Fifty-six Dollars ($3,173,556.00) to include:
a. renovation and remediation of lodge, walkways, parking
lots and sidewalks,
b. construction of a student dormitory and family reunion
center,
c. repair and renovation of Performing Arts Hall and Arts
Pavilions,
d. completion of construction of a comprehensive
pedestrian trail system,
*+,-11'121#+,, .;("
e. improvements and upgrades of infrastructure, and
f. improvement and acquisition of land; and
34. Projects for the Oklahoma Climatological Survey of
approximately Six Hundred Fifty Thousand Dollars ($650,000.00) to
include acquisition and installation of equipment for the Oklahoma
Mesonet to monitor atmospheric conditions in and around Oklahoma
City.
B. To the extent funds are available from the proceeds of the
borrowing authorized by subsection A of this section, the Oklahoma
Capitol Improvement Authority shall provide for the payment of
professional fees and associated costs related to the projects
authorized in subsection A of this section.
C. The Oklahoma Capitol Improvement Authority may issue
obligations in one or more series and in conjunction with other
issues of the Oklahoma Capitol Improvement Authority. The Oklahoma
Capitol Improvement Authority may issue short-term obligations in
anticipation of the sale of the bonds authorized by this section and
enter into such liquidity and other agreements as may be necessary to
provide for the efficient financing of the projects. The Oklahoma
Capitol Improvement Authority is authorized to hire bond counsel,
financial consultants, and such other professionals as it may deem
necessary to provide for the efficient sale of the obligations and
may utilize a portion of the proceeds of any borrowing to create such
reserves as may be deemed necessary and to pay costs associated with
the issuance and administration of such obligations.
D. The obligations authorized under this section may be sold at
either competitive or negotiated sale, as determined by the Oklahoma
Capitol Improvement Authority, and in such form and at such prices
and bearing interest at a fixed or variable rate as may be authorized
by the Oklahoma Capitol Improvement Authority. The Oklahoma Capitol
Improvement Authority may enter into agreements with such credit
enhancers and liquidity providers as may be determined necessary to
efficiently market the obligations. The obligations may mature and
have such provisions for redemption as shall be determined by the
Oklahoma Capitol Improvement Authority.
E. Any interest earnings on funds or accounts created for the
purposes of this section may be utilized as partial payment of the
annual debt service or for the purposes directed by the Oklahoma
Capitol Improvement Authority. The interest earnings in the
construction funds created pursuant to this section shall be used by
the Oklahoma Capitol Improvement Authority for the projects
enumerated herein.
F. The obligations issued under this section, the transfer
thereof and the interest earned on such obligations, including any
profit derived from the sale thereof, shall not be subject to
taxation of any kind by the State of Oklahoma, or by any county,
municipality or political subdivision therein.
*+,-11'121#+,, .;("$
G. The Oklahoma Capitol Improvement Authority may direct the
investment of all monies in any funds or accounts created in
connection with the offering of the obligations authorized under this
section. Such investments shall be made in a manner consistent with
the investment guidelines of the State Treasurer. The Oklahoma
Capitol Improvement Authority may place additional restrictions on
the investment of such monies if necessary to enhance the
marketability of the obligations.
H. The Oklahoma Capitol Improvement Authority is authorized to
issue bonds, notes, or other obligations for the purpose of
refinancing or restructuring obligations issued pursuant to this
section. To the extent funds are available from the proceeds of the
borrowing authorized by this subsection, the Oklahoma Capitol
Improvement Authority shall provide for the payment of professional
fees and associated costs approved by the Oklahoma State Bond
Advisor. The Oklahoma Capitol Improvement Authority is authorized to
hire bond counsel, financial consultants, and such other
professionals as may be deemed necessary to provide for the efficient
sale of the obligations and may utilize a portion of the proceeds of
any borrowing to create such reserves as may be deemed necessary and
to pay costs associated with the issuance and administration of such
obligations. An issuance of bonds under this subsection may be
undertaken to achieve an overall debt service savings, modify
restrictive bond document covenants, or reduce payment requirements
during periods of fiscal stress. To achieve these objectives, the
Oklahoma Capitol Improvement Authority is authorized to extend the
final maturity of outstanding obligations if necessary, but in no
event shall the final maturity of an individual bond issue be
extended more than ten (10) years without the approval of the Council
of Bond Oversight. The obligations authorized under this subsection
may be sold at either competitive or negotiated sale, as determined
by the Oklahoma Capitol Improvement Authority, and in such form and
at such prices as may be authorized by the Oklahoma Capitol
Improvement Authority. The Oklahoma Capitol Improvement Authority
may issue obligations in one or more series and may set such other
terms and conditions as may be necessary in its judgment to achieve
an efficient refinancing. The Oklahoma Capitol Improvement Authority
may enter into agreements with such credit enhancers and liquidity
providers as may be determined necessary to efficiently market the
obligations, including the purchase of surety policies or other
financial instruments to be utilized in lieu of reserve funds. The
obligations may mature and have such provisions for redemption as
shall be determined by the Oklahoma Capitol Improvement Authority.
The Oklahoma Capitol Improvement Authority is hereby specifically
authorized to purchase surety policies or other financial instruments
to replace existing debt service reserves. Any payment for such
*+,-11'121#+,, .;("(
policies or other instruments may be made from the cash reserves
being replaced or any other legally available source.
I. Bonds issued pursuant to this section shall not be subject to
the provisions of Section 3980.4 of this title.
Added by Laws 2005, c. 2, § 12, emerg. eff. March 31, 2005. Amended
by Laws 2005, c. 218, § 12, emerg. eff. May 24, 2005; Laws 2005, c.
402, § 7, eff. July 1, 2005; Laws 2008, c. 54, § 6, eff. July 1,
2008; Laws 2012, c. 252, § 3, eff. July 1, 2012.
§70-4001. Acquisition, construction and equipment of buildings,
additions, public utilities, etc. - Fees and charges - Sale of
surplus commodities and services - Cooperative agreements.
A. Subject to and in accordance with the terms hereof, the
boards of regents for all state educational institutions for and in
behalf of any university, college, school or institution under the
jurisdiction of each of the said boards are hereby authorized from
time to time to set aside such portion of their respective campuses
or of the campuses under the jurisdiction of said boards, or any
other land owned or leased by said boards, as may be necessary and
suitable for the construction thereon of dormitories, student
housing, cooperative group housing, parking facilities, adult
education facilities, kitchens, dining halls, auditoriums, student
union buildings, field houses, stadiums, public utility plants and
systems for the supplying of water, gas, heat or power and other
self-liquidating projects and other revenue-producing buildings for
the university, college or institution or related institution, which
may include public, nonprofit or private entities, deemed necessary
by said boards for the comfort, convenience and welfare of their
students, and suitable for the purposes for which said institutions
were established, including additions to existing buildings used for
such purposes; to acquire through construction, purchase,
condemnation or any combination thereof such dormitories, student
housing, cooperative group housing, parking facilities, adult
education facilities, kitchens, dining halls, auditoriums, student
union buildings, field houses, stadiums, public utility plants and
systems and other revenue-producing buildings and acquire or
construct additions, improvements and extensions to existing
buildings and structures used for such purposes and to equip,
furnish, maintain and operate all such buildings and structures; and
to acquire through purchase, condemnation or otherwise any land,
rights-of-way, easements, licenses and permits needed for the present
or future use of such buildings, structures, plants and systems;
provided, that such boards of regents shall not construct or acquire,
for their respective institutions, such utility plants or systems
whose capacity is in excess of the present or reasonably contemplated
future needs of such institutions or related institutions, except as
provided in subsection C hereof.
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B. When in the opinion of the board of regents of any such
institution any of the buildings, structures, plants and systems
constructed, acquired, improved, extended, added to, furnished or
equipped as above authorized are deemed necessary by the said board
for the comfort, convenience and welfare of the student body as a
whole, or for any specified class or part thereof, the board of
regents shall have authority to charge and collect from all students
in attendance at the university, college, school or institution, or
related institutions, or from any specified class or part thereof for
which such facilities are so deemed necessary, fees and charges for
the use or availability of such buildings and structures and for the
services or commodities to be made available by such plants, systems
or facilities. The proceeds of all such fees and charges shall be
considered as revenues within the meaning of Section 4004 of this
title and the provisions of said section shall be applicable thereto.
Where the commodities and services supplied by any such plant and
system temporarily shall be found to be in excess of the requirements
of the university, college, school or institution, or related
institutions, the board of regents may sell the surplus to other
public or nonprofit consumers, including incorporated municipalities,
and in that connection may enter into such agreements as it may
consider advisable. All revenues received from the sale of such
surplus shall likewise be considered and treated as other revenues
under Section 4004 of this title. Such board of regents may also
enter into agreements for the purchase of water, electricity, gas,
heat, or power to be distributed through the medium of any such plant
or systems, provided only that no agreement entered into under the
provisions of this paragraph shall pledge the credit of the State of
Oklahoma.
C. Other state agencies or subdivisions of the state may enter
into cooperative agreements with the regents of the universities or
colleges on projects for the primary benefit of such university or
college, and make use of facilities and services financed by bonds
issued by the university or college, as authorized herein and under
the terms and conditions of this section.
D. It is the intent of the Legislature that no additional public
trusts having the state as beneficiary be created to finance the
purchase of land or facilities or the construction of facilities at
institutions of The Oklahoma State System of Higher Education or
their agencies and that no beneficial interest in a public trust be
accepted on behalf of the State of Oklahoma or any agency thereof
involving an institution of higher learning; and that no additional
projects be authorized for existing public trusts having the state as
beneficiary now operating for the direct or indirect benefit of any
institution of The Oklahoma State System of Higher Education or its
agencies, except that the heating-cooling plant at the Oklahoma
Health Sciences Center may be repaired or expanded, if approved by
*+,-11'121#+,, .;(")
the Oklahoma State Regents for Higher Education and except as
provided in Section 4017 of this title.
Amended by Laws 1986, c. 245, § 4, emerg. eff. June 12, 1986; Laws
1988, c. 272, § 12, operative July 1, 1988.
§70-4002. Bonds authorized.
(a) For the purpose of paying all or part of the cost of
acquisition of any such lands, rights-of-way, easements, licenses and
permits and the construction, acquisition, equipment and furnishing
of any such building or buildings or structure or structures, plants
or systems, or of any additions, improvements or extensions thereto,
or any additions to existing buildings, the Board of Regents of the
institution for which such buildings, structures, plants or systems,
all of which lands, rights-of-way, easements, licenses and permits,
buildings, structures, plants and systems constructed, acquired,
added to, improved or extended hereunder as a single project are
hereafter referred to as "the building", are to be constructed,
acquired, added to, improved, extended, furnished or equipped, which
Board of Regents or each of them is hereinafter referred to as "the
board", is authorized to borrow money on the credit of the income and
revenues to be derived from the operation of the building, together
with the income and revenue derived from any existing revenue-
producing building or facility or facilities and, in anticipation of
the collection of such income and revenues, to issue negotiable bonds
in such amount as may in the opinion of the board be necessary for
such purposes, and is authorized to provide for the payment of such
bonds and the rights of the holders thereof as hereinafter provided.
Such bonds may be issued in one or more series, may bear such date or
dates, may mature at such time or times not exceeding forty (40)
years from their date, may be in such denomination or denominations,
may be in such form, either coupon or registered, may carry such
registration and conversion privileges, may be executed in such
manner, may be payable in such medium of payment at such place or
places, may be subject to such terms of redemption with or without
premium, and may bear such rate or rates of interest, not exceeding
twelve percent (12%) per annum, as may be provided by resolution or
resolutions adopted by the board. Such bonds may be sold in such
manner and at such price or prices plus accrued interest to date of
delivery, as may be considered by the board to be advisable, but
interest cost to maturity for any bonds issued hereunder shall not
exceed twelve percent (12%) per annum, computed on the basis of
average maturities according to standard tables of bond values.
Bonds payable to bearer shall have all the qualities and incidents of
negotiable papers.
(b) The board may in any resolution authorizing bonds hereunder
provide for the initial issuance of one or more bonds, in this
section called "bond", aggregating the amount of the entire issue and
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make such provision for installment payments of the principal amount
of any such bond as it may consider desirable, and may provide for
the making of any such bond payable to bearer or otherwise,
registrable as to principal or as to both principal and interest, and
where interest accruing thereon is not represented by interest
coupons, for the endorsing of payments of interest on such bond. The
board may further make provision in any such resolution for the
manner and circumstances in and under which any such bond may in the
future, at the request of the holder thereof, be converted into bonds
of smaller denominations, which bonds of smaller denominations may in
turn be either coupon bonds or bonds registrable as to principal or
principal and interest.
(c) Bonds issued hereunder and interest thereon shall not be
subject to taxation by the State of Oklahoma, or by any county,
municipality or political subdivision therein. The board may in its
discretion authorize one issue of bonds hereunder for constructing,
acquiring, adding to, improving, extending, furnishing or equipping
of more than one building, as "building" is above defined, and may
make said bonds payable from the combined revenues of all buildings
so constructed, acquired, added to, improved, extended, furnished or
equipped, in whole or in part, with the proceeds thereof, together
with revenues from the operation of any existing revenue-producing
building or facility. The term "building" as herein used shall be
construed to refer to all such "buildings". If more than one series
of bonds shall be issued hereunder payable from the revenues of the
buildings or facilities, priority of lien thereof on such revenues
shall depend on the provisions of the proceedings authorizing the
issuance of such bonds, it being within the discretion of the board,
at the time it authorizes the first such series, to provide that
subsequent series of bonds payable from such revenues shall not be
issued, that subsequent series of bonds shall be subordinate as to
lien, or that subsequent series of bonds shall enjoy parity of lien
if such conditions and restrictions as may be specified in such
proceedings can be met.
(d) The board may issue bonds hereunder for the purpose of
refunding any obligations of the board payable from the revenues of
any building, as "building" is hereinabove defined, together with
revenues derived from any existing revenue-producing building or
facility or facilities, or may authorize and deliver a single issue
of bonds hereunder for the purpose in part of refunding obligations
of the board payable from the revenues derived from any building or
buildings and in part for the making of additions, improvements and
extensions to such building or buildings, or the construction or
acquisition of additional buildings, and the furnishing and equipping
of such buildings or additions, together with revenues derived from
any existing revenue-producing building or facility or facilities.
Where bonds are issued under this paragraph solely for refunding
*+,-11'121#+,, .;("
purposes, such bonds may either be sold as above provided or
delivered in exchange for the outstanding obligations. If sold, the
proceeds may be either applied to the payment of the obligations,
refunded or deposited in escrow for the retirement thereof. Nothing
herein contained shall be construed to authorize the refunding of any
outstanding obligations which are not either maturing, callable for
redemption under their terms, or voluntarily surrendered by their
holders for cancellation, unless the board covenants that sufficient
funds to pay all remaining interest and principal payments of the
outstanding bonds when due will be placed in escrow as hereinafter
set out for such purpose at the time of delivery of and payment for
the new bonds issued hereunder.
In any case where refunding bonds are issued and sold six (6)
months or more before the earliest date on which all bonds to be
refunded thereby mature or are called for redemption in accordance
with their terms, the proceeds of the refunding bonds, other than the
amount included therein incidental to the issuance of the bonds,
shall be deposited, together with any other funds available and
appropriated by the board for the purpose, in escrow with a suitable
banking institution having trust powers within the state, whose
deposits are insured by the Federal Deposit Insurance Corporation.
Such monies shall be invested in securities maturing or callable at
the option of the holder on such dates and bearing interest at such
rates as shall be required to provide funds sufficient, with any cash
retained in the escrow account, to pay when due the interest to
accrue on each obligation refunded to its maturity, or if prepayable,
to an earlier designated date on which it may be called for
redemption, and to pay the principal amount of each such bond at
maturity, or, if prepayable at its designated earlier redemption
date, and to pay any premium required for redemption on such date.
Before the refunding bonds are delivered, the board shall by
resolution irrevocably appropriate for these purposes the escrow
account and all payments of principal and interest on the securities
held therein, and shall provide for the call of all bonds directed to
be prepaid, in accordance with their terms, on the redemption date or
dates designated. Securities purchased from the escrow account shall
be limited to direct obligations of the United States or obligations
whose principal and interest payments are guaranteed by the United
States. Such securities shall be purchased simultaneously with the
delivery of the refunding bonds. No refunding bonds shall be issued
more than ten (10) years before the last date on which the bonds to
be refunded thereby mature or are directed to be prepaid in
accordance with their terms. All bonds issued under this paragraph
and the preceding paragraph shall in all respects be authorized,
issued and secured in the manner provided for other bonds issued
under this article, and shall have all of the attributes of such
bonds. The board may provide that any such refunding bonds shall
*+,-11'121#+,, .;(""
have the same priority of lien on the revenues pledged for their
payment as was enjoyed by the bonds refunded thereby.
(e) All proceedings heretofore adopted by said Board of Regents
for the issuance of revenue bonds on a parity as to payment with
other existing revenue bonds or which provide for the pledging of
revenues from the building to be constructed, improved and furnished
from the proceeds of revenue bonds and income and revenue derived
from any existing revenue-producing building or facility, or
facilities, and the bonds issued pursuant thereto are hereby
validated, ratified and confirmed, and such revenue bonds constitute
valid and binding obligations in accordance with the terms of such
proceedings.
Added by Laws 1965, c. 396, § 1002. Amended by Laws 1968, c. 14, §
1, emerg. eff. Feb. 15, 1968; Laws 1970, c. 250, § 1, emerg. eff.
April 16, 1970; Laws 1983, c. 316, § 1, emerg. eff. June 27, 1983;
Laws 2000, c. 356, § 1, emerg. eff. June 6, 2000.
§70-4002.1. Legislative approval of bond issue.
Legislative approval expressed by concurrent resolution, except
as provided by Section 121, Chapter 189, O.S.L. 1993, shall be
required prior to commencing any action in anticipation of issuance
by a Board of Regents of revenue bonds authorized by Section 4002 of
Title 70 of the Oklahoma Statutes or any other bonds authorized by
law to be issued by such Boards. The provisions of this section
shall not apply to revenue bonds issued for the purpose of refundings
or defeasance of existing revenue bonds.
Added by Laws 1982, c. 374, § 40, emerg. eff. July 20, 1982. Amended
by Laws 1993, c. 189, § 122, emerg. eff. May 20, 1993; Laws 1999, c.
345, § 19, eff. July 1, 1999.
§70-4002.2. Construction of communications and telecommunications
network - Revenue bonds.
The Oklahoma State Regents for Higher Education are hereby
authorized to issue revenue bonds in the sum not to exceed Two
Million Dollars ($2,000,000.00) for the purpose of planning and
constructing a communications and telecommunications network and the
purchase of necessary equipment for the use of The State System of
Higher Education and state government generally.
Added by Laws 1986, c. 246, § 15, operative July 1, 1986. der
§70-4003. Limitation on pledging or use of revenue - Bonds not
obligations of State.
No provision of this article shall be construed to authorize the
pledging or use of revenue of existing buildings and facilities other
than auxiliary enterprises and other self-liquidating buildings and
facilities, nor shall any provisions of this article be construed to
authorize the pledging or use of any revolving funds. No bonds
*+,-11'121#+,, .;("
issued under the authorization of this article shall ever become an
obligation or debt of the State of Oklahoma.
Laws 1965, c. 396, § 1003.
§70-4004. Bonds payable only from revenue - Resolution authorizing
bonds - Agreements and terms.
(a) The bonds issued hereunder shall not be an indebtedness of
the State of Oklahoma or of the institution for which they are issued
or the board of regents thereof, but shall be special obligations
payable solely from the revenue to be derived from the operation of
the building and the board is authorized and directed to pledge all
or any part of such revenues to the payment of and interest on the
bonds. In order to secure the prompt payment of such principal and
interest and the proper application of the revenues pledged thereto,
the board is authorized by appropriate provisions in the resolution
or resolutions authorizing the bonds:
(1) To covenant as to the use and disposition of the proceeds of
the sale of such bonds;
(2) To covenant as to the operation of the building and the
collection and disposition of the revenues derived from such
operation;
(3) To covenant as to the rights, liabilities, powers and duties
arising from the breach of any covenant or agreement into which it
may enter in authorizing and issuing the bonds;
(4) To covenant and agree to carry such insurance on the
building, and the use and occupancy thereof as may be considered
desirable and, in its discretion, to provide that the cost of such
insurance shall be considered a part of the expense of operating the
building;
(5) To vest in a trustee or trustees the right to receive all or
any part of the income and revenues pledged and assigned to or for
the benefit of the holder or holders of bonds issued hereunder and to
hold, apply and dispose of the same, and the right to enforce any
covenant made to secure the bonds and to execute and deliver a trust
agreement or agreements which may set forth the powers and duties and
the remedies available to such trustee or trustees and may limit the
liabilities thereof and prescribe the terms and conditions upon which
such trustee or trustees or the holder or holders of the bonds in any
specified amount or percentage may exercise such rights and enforce
any or all such covenants and resort to such remedies as may be
appropriate, including the right to enter into possession of the
building and to operate the same until the default is remedied or
until all bonded indebtedness related to that building is retired,
whichever first occurs;
(6) To fix rents, charges and fees to be imposed in connection
with and for the use of the building and the facilities supplied
thereby, which rents, charges and fees shall be considered to be
*+,-11'121#+,, .;(
income and revenues derived from the operation of the building, and
are hereby expressly required to be fully sufficient to assure the
prompt payment of principal and interest on the bonds as each becomes
due, and to make and enforce such rules and regulations with
reference to the use of the building, and with reference to requiring
any class or classes of students to use the building as it may deem
desirable for the welfare of the institution and its students or for
the accomplishment of the purposes of this article;
(7) To covenant to maintain a maximum percentage of occupancy of
the building;
(8) To covenant against the issuance of any other obligations
payable from the revenues to be derived from the buildings;
(9) To make covenants other than and in addition to those herein
expressly mentioned of such character as may be considered necessary
or advisable to effect the purposes of this article.
(b) All such agreements and covenants entered into by the board
shall be binding in all respects upon the board and its officials,
agents and employees, and upon its successors, and all such
agreements and covenants shall be enforceable by appropriate action
or suit at law or in equity, which may be brought by any holder or
holders of bonds issued hereunder.
Added by Laws 1965, c. 396, § 1004, eff. July 1, 1965. Amended by
Laws 1973, c. 43, § 2, emerg. eff. April 25, 1973.
§70-4005. Federal grant of funds.
The board may enter into any agreement or contracts with the
United States of America or any agency or instrumentality thereof
which it may consider advisable or necessary in order to obtain a
grant of funds or other aid to be used in connection with the
proceeds of the bonds in paying the cost of the construction,
furnishing and equipment of the building.
Added by Laws 1965, c. 396, § 1005, eff. July 1, 1965.
§70-4006. Disposition of proceeds of bonds - Contracts - Warrants.
The proceeds derived from the sale of the bonds herein authorized
shall be deposited in the State Treasury to the credit of the board
and kept in a separate fund and used solely for the purpose for which
the bonds are authorized. The board is authorized to make all
contracts and execute all instruments which in its discretion may be
deemed necessary or advisable to provide for the construction,
furnishing, and equipment of the building, and the State Treasurer is
hereby directed and authorized to issue warrants against such funds
for such amounts as he may from time to time find to be due upon
audited itemized estimates and claims which bear the approval of the
officials designated by the board for such purpose.
Laws 1965, c. 396, § 1006; Laws 1979, c. 47, § 86, emerg. eff. April
9, 1979.
*+,-11'121#+,, .;(
§70-4007. Disposition of proceeds of operation of buildings.
Except as to revenues paid directly to a trustee under the
provisions of Section 1004(a) (5) hereof, all income and revenues
derived from the operation of the building shall be deposited as
collected in a fund in the State Treasury to be applied solely to the
payment of the principal of and interest on the bonds and, to the
extent so provided in the resolution authorizing the bonds, to the
payment of the cost of maintaining and operating the building and the
establishment of reserves for such purpose. As principal and
interest becomes due from time to time the State Treasurer shall, not
less than fifteen (15) days prior to the payment date, transmit to
the paying agent for the bonds, money from said fund in an amount
sufficient to pay the principal or interest so falling due. Said
fund and the money therein is hereby irrevocably pledged to such
purposes.
Laws 1965, c. 396, § 1007.
§70-4008. Form of bonds - Approval by Attorney General.
All bonds issued hereunder shall have on the backs thereof the
certificate required by Section 29 of Article X of the Constitution
of Oklahoma. Such bonds and any bonds or other obligations issued
under the Oklahoma Higher Education Promise of Excellence Act of 2005
shall be submitted to the Attorney General of Oklahoma for
examination; and such bonds, when having been examined and certified
as legal obligations by the Attorney General in accordance with such
requirements as he or she may make, shall be incontestable in any
court in the State of Oklahoma unless suit thereon shall be brought
in a court having jurisdiction thereof within thirty (30) days from
the date of such approval. Bonds so approved by the Attorney General
shall be prima facie valid and binding obligations according to their
terms, and the only defense which may be offered thereto in any suit
instituted after such thirty-day period shall have expired shall be
forgery, fraud or violation of the Constitution.
Added by Laws 1965, c. 396, § 1008. Amended by Laws 2009, c. 320, §
2, eff. July 1, 2009.
§70-4009. Public funds, etc., may be invested in bonds.
Any bank, trust or insurance company organized under the laws of
Oklahoma may invest its capital, surplus and reserves in bonds issued
under the provisions of this article. The officers having charge of
any sinking fund or any other fund of the state or any department,
agency or institution thereof, including the various funds
established by Article 17 of the Oklahoma School Code, or any county,
city, town, or school district in the state, may invest such funds in
bonds issued under the provisions of this article at the reasonable
market value thereof. Such bonds are also approved as collateral
*+,-11'121#+,, .;($
security for the deposit of any public funds and for the investment
of trust funds.
Laws 1965, c. 396, § 1009.
§70-4010. Borrowing money and issuing notes in anticipation of bond
issue.
Whenever the board shall have adopted a resolution authorizing
the issuance of any series of bonds hereunder and said bonds have
been sold but prior to the time as of which the bonds can be
delivered the board finds it necessary to borrow money for the
purpose for which the bonds were authorized, the board may, by
appropriate resolutions, authorize the borrowing of money in
anticipation of the issuance of the bonds, and the issuance of the
note or notes of the board to evidence such borrowing. The amount so
borrowed shall not exceed the principal amount of the bonds and shall
not bear interest at a rate exceeding the average interest rate of
the bonds. Such note or notes shall be signed in the manner
prescribed by the board and shall be made payable at such time or
times as the board may prescribe not later than one (1) year from
their respective dates and may be renewed from time to time by the
issuance of new notes hereunder. The proceeds of any loan made under
this section shall be devoted exclusively to the purposes for which
the bonds shall have been authorized and the note or notes and the
interest thereon shall be paid with the proceeds of the bonds
simultaneously with the delivery of the bonds. If for any reason the
bonds shall not be issued, the holder or holders of the notes shall
be entitled to all rights which would have been enjoyed by the
holders of the bonds had they been issued, and the notes shall be
paid from the revenues provided for the payment of the bonds and
shall be entitled to the benefit of all covenants, agreements and
rights appearing in the resolution authorizing the bonds for the
benefit of the bonds.
Laws 1965, c. 396, § 1010.
§70-4011. Approval of bonds by Supreme Court.
The board is authorized in its discretion to file an application
with the Supreme Court of Oklahoma for the approval of any series of
bonds to be issued hereunder, and exclusive original jurisdiction is
hereby conferred upon the Supreme Court to hear and determine each
such application. It shall be the duty of the Court to give such
applications precedence over the other business of the Court and to
consider and pass upon the applications and any protests which may be
filed thereto as speedily as possible. Notice of the hearing on each
application shall be given by a notice published in a newspaper of
general circulation in the state that on a day named the board will
ask the court to hear its application and approve the bonds. Such
notice shall inform all persons interested that they may file
*+,-11'121#+,, .;((
protests against the issuance of the bonds and be present at the
hearing and contest the legality thereof. Such notice shall be
published one time not less than ten (10) days prior to the date
named for the hearing and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court shall be satisfied
that the bonds have been properly authorized in accordance with the
provisions of this article and that when issued they will constitute
valid obligations in accordance with their terms, the Court shall
render its written opinion approving the bonds and shall fix the time
within which a petition for rehearing may be filed. The decision of
the Court shall be a judicial determination of the validity of the
bonds, shall be conclusive as to the board, its officers and agents,
and thereafter the bonds so approved and the revenues pledged to
their payment shall be incontestable in any court in the State of
Oklahoma.
Laws 1965, c. 396, § 1011.
§70-4012. Renumbered as § 4018 of this title by Laws 2000, c. 309, §
5, eff. Sept. 1, 2000.
§70-4013. Control by Boards of Regents.
The Board of Regents which by the Constitution and/or by the laws
of this State is charged with the control, management and government
of one or more of the universities, colleges, schools or institutions
of higher education shall have for each of the universities,
colleges, schools and institutions under its jurisdiction exclusive
determination of need, control, and management of all self-
liquidating revenue bond matters as provided for in this article.
Laws 1965, c. 396, § 1013.
§70-4014. Statement of Essential Facts.
For each of the proposed bond issues to be issued pursuant to
Sections 4001 through 4014, Title 70 of the Oklahoma Statutes, a
Statement of Essential Facts shall be prepared by the issuing Board
of Regents for the use and information of prospective bond
purchasers. It shall be the duty of the Oklahoma State Regents for
Higher Education to examine such Statement of Essential Facts and
determine that, based upon such facts and projections, the projected
revenue will satisfy the financial obligation to be incurred under
the proposed bond issue. If the facts are found by the State Regents
to be substantially accurate and if the State Regents find that,
based upon such facts and projections, the projected revenue will
satisfy the financial obligation to be incurred under the proposed
bond issue, then the Oklahoma State Regents for Higher Education
shall certify such to the Attorney General of Oklahoma before the
proposed bond issue can be approved by the Attorney General. The
certificate shall be made in substantially the following form:
*+,-11'121#+,, .;(
The Oklahoma State Regents for Higher Education do hereby certify
that the provisions of Section 4014, Title 70 of the Oklahoma
Statutes have been complied with in proper order, for the revenue
bond issue mentioned above.
Added by Laws 1970, c. 250, § 2, emerg. eff. April 16, 1970.
§70-4015. Community junior colleges - Social and recreation centers
- Revenue bonds.
A. The board of trustees of any community junior college
operating under the provisions of Sections 4401 through 4418 of Title
70, Oklahoma Statutes, may construct a building for use as a social
and recreation center for the students and members of the faculty of
the college, including lounges, meeting rooms, game rooms,
bookstores, eating places and other facilities for the comfort,
convenience and welfare of students and faculty members, and issue
revenue bonds to pay the cost of constructing, equipping and
furnishing the building. The Board of Trustees shall adopt rules and
regulations for the use of the building and the operation of the
center and facilities thereof; and may do all things necessary or
convenient to make the center effective for the purposes for which it
is maintained or operated.
B. Issuance of the revenue bonds shall be in accordance with
procedures prescribed by the Attorney General. The bonds shall be
special obligations, payable solely from revenues designated by the
Board of Trustees, which may, subject to the approval of the Oklahoma
State Regents for Higher Education, include fees and charges
collected from students in attendance at the college, and income
derived from operations of facilities of the center. Provided, such
building shall not be constructed nor shall any revenue bonds be
issued unless the Oklahoma State Regents for Higher Education shall
have determined that the projected revenue will satisfy the financial
obligation to be incurred under the proposed bond issue.
Laws 1971, c. 255, § 1, emerg. eff. June 16, 1971.
§70-4016. Utility plants and systems - Jurisdiction and control.
The Board of Regents which by the Constitution and/or by the laws
of this state is charged with the control, management and government
of one or more of the universities, colleges, schools or institutions
of higher education shall have for each of the universities,
colleges, schools and institutions under its jurisdiction, and
related institutions, exclusive jurisdiction and control, including
exclusive and final rate-making power which shall not be subject to
review or approval by any other state office, agency or commission,
over the utility plants and systems serving such universities,
colleges, schools, institutions and related institutions, which may
include public, nonprofit or private entities.
Laws 1979, c. 281, § 17, emerg. eff. June 7, 1979.
*+,-11'121#+,, .;()
§70-4017. Boards of regents for educational institutions -
Contractual arrangements with public trusts - Capital expenditures.
The boards of regents for educational institutions who are
members of The Oklahoma State System of Higher Education are
authorized to enter into loan agreements, investment agreements or
other appropriate contractual arrangements, with any public trust
created pursuant to Section 176 et seq. of Title 60 of the Oklahoma
Statutes, which has the State of Oklahoma as its beneficiary. Said
agreements may be entered into for the purpose of obtaining funds
from such public trust to reimburse such educational institutions for
capital expenditures made by them, and such trusts are authorized to
provide such funds by issuing debt obligations pursuant to the terms
and in the manner provided for in the Public Trust Laws, Section 176
et seq. of Title 60 of the Oklahoma Statutes.
Capital expenditures are defined as those capital expenditures
allowed pursuant to Section 103 of the Internal Revenue Code of 1954,
as amended, to be financed with tax-exempt bonds or notes. If such
loan agreement, investment agreement or other appropriate contractual
arrangement involves the repayment to such public trust of funds
provided for capital expenditure reimbursement, the boards of regents
of such educational institutions are authorized to provide for the
repayment with the income and revenues from any existing revenue-
producing buildings or facilities or from other income and revenues
legally available and permitted for such purpose, including, but not
limited to, the interest, income and rentals derived from the Section
Thirteen Fund and the New College Fund, as provided for in Section
3904 of Title 70 of the Oklahoma Statutes.
It is the legislative intent that such income and revenues can be
utilized by the boards of regents to the repayment, if necessary, of
reimbursed capital expenditure funds received from such public trust.
The boards of regents of such educational institutions are authorized
to enter into contractual agreements with such financial institutions
as may be necessary for such public trusts to issue the debt
obligations contemplated herein. Said contractual agreements shall
include, but not be limited to, investment contracts pursuant to
which the State Treasurer is authorized to, and shall invest fund
balances of such educational institutions.
Added by Laws 1986, c. 245, § 5, emerg. eff. June 12, 1986.
§70-4018. Lease of buildings.
In any instance in which the board shall consider it preferable
to acquire the building or additions to existing buildings or
equipment in the manner authorized in this section rather than
through the issuance of bonds by the board, it may do so by complying
with this section. In each such case the board is authorized to
lease to any nonprofit corporation organized for the benefit of the
*+,-11'121#+,, .;(!
college or university affected, or to a public trust such portion or
portions of the campus of the institution as may be necessary as
sites therefor. The lease shall contain such provisions with respect
to the type, construction and operation of any such building or
addition as the board may consider desirable, and the board may enter
into agreements as to the use which will be made of any such
building, addition or equipment, the operation, maintenance and
supervision thereof, the imposition of fees and charges by the board
for the use of the building or addition, and the collection and
disposition to be made of the proceeds of such fees and charges. The
board may agree to make such fees and charges adequate to provide a
sum sufficient to pay the cost of the maintenance and operation
thereof and the amortization of the cost of the building or any
addition to existing buildings or equipment therefor, over a
specified period of years, and when such cost shall have been paid
any obligations issued by any entity to finance such cost shall have
been fully paid as to principal and interest, the lease shall
terminate and title to the building or any addition to existing
buildings or equipment shall vest in the board. The agreements herein
authorized to be entered into by the board may, in the discretion of
the board, include a lease of the buildings, additions or equipment
and the payment of rentals therefor. The board may furnish without
charge, heat, light, water, power and similar facilities for any
building erected under the provisions of this section and all
buildings and additions to existing buildings so erected and
equipment therefor shall be exempt from taxation.
Added by Laws 1969, c. 396, § 1012. Amended by Laws 1984, c. 259, §
3, operative July 1, 1984; Laws 2000, c. 309, § 3, eff. Sept. 1,
2000. Renumbered from § 4012 of this title by Laws 2000, c. 309, §
5, eff. Sept. 1, 2000.
§70-4019. Program for advance funding of state's contribution to
endowed chairs and positions - Issuance of obligations.
A. The Oklahoma Capitol Improvement Authority is hereby
authorized, consistent with the statutes pertaining to the Oklahoma
State Regents’ Endowment Trust Fund, to establish a program to
provide for the advance funding of the state’s contribution to
endowed chairs, professorships, lectureships and positions for
artists in residence as provided in Section 3952 of this title at the
various institutions in The Oklahoma State System of Higher
Education. The Oklahoma State Regents for Higher Education are
authorized to enter into agreements with the Authority to provide
security for any obligations issued for such purpose.
B. The Authority is hereby authorized to issue and sell
obligations in such amounts as shall be needed from time to time for
the purposes of obtaining funds for the state’s matching contribution
for endowed chairs, professorships, lectureships and positions for
*+,-11'121#+,, .;(
artists in residence; provided, however, that the total principal
amount of such obligations shall not exceed in the aggregate One
Hundred Fifty Million Dollars ($150,000,000.00) outstanding at any
one time for the purpose of funding endowed chairs. At least fifty
percent (50%) of the endowed chair, professorship or lectureship
positions funded as provided for in this subsection shall be for
positions that involve research and development. No obligations
shall be issued for any endowment account for which matching monies
specified in subsection E of Section 3952 of this title have not been
received.
C. It is the intent of the Legislature that payments for the
purpose of retiring the obligations created pursuant to this section
be made by the State Regents from the lump-sum appropriation made
pursuant to Section 3 of Article XIII-A of the Oklahoma Constitution.
Further, it is the intent of the Legislature to appropriate to the
State Regents sufficient monies to allow the State Regents to make
payments for the purpose of retiring the obligations created pursuant
to this section.
D. The Authority may issue obligations in one or more series and
in conjunction with other issues of the Authority.
E. The obligations authorized under this section may be sold at
either competitive or negotiated sale, as determined by the
Authority, and in such form and at such prices as may be authorized
by the Authority. The Authority may enter into agreements with such
credit enhancers and liquidity providers as may be determined
necessary to efficiently market the obligations. The obligations may
mature and have such provisions for redemption as shall be determined
by the Authority, but in no event shall the final maturity of such
obligations occur later than twenty (20) years from the first
principal maturity date of any given series.
F. The authority is authorized to issue bonds, notes, and other
obligations for the purpose of refinancing or restructuring the
outstanding obligations authorized under this section.
G. Any interest earnings on funds or accounts created for
purposes of this section may be utilized as partial payment of the
annual debt service or for purposes directed by the Authority.
H. The obligations issued under this section, the transfer
thereof and the interest earned on such obligations, including any
profit derived from the sale thereof, shall not be subject to
taxation of any kind by the State of Oklahoma, or by any county,
municipality or political subdivision therein.
I. The Authority may direct the investment of all monies in any
funds or accounts created in connection with the offering of the
obligations authorized under this section. This shall not include
monies in the Oklahoma State Regents Endowment Trust Fund. The State
Regents may place additional restrictions on the investment of such
monies if necessary to enhance the marketability of the obligations.
*+,-11'121#+,, .;("
Added by Laws 2004, c. 115, § 2, emerg. eff. April 19, 2004. Amended
by Laws 2007, c. 214, § 1, eff. July 1, 2007; Laws 2008, c. 430, § 2,
emerg. eff. June 2, 2008; Laws 2010, c. 97, § 1, emerg. eff. April
13, 2010.
§70-4101. Establishment.
Any person or persons, group, or other entity, establishing a
private educational institution shall do so only as a corporation
organized or domesticated under the laws of Oklahoma.
Added by Laws 1965, c. 396, § 1101, eff. July 1, 1965.
§70-4102. Property.
All property, real or personal, of a private educational
institution shall be held and used solely for the purposes of
education and not for the individual benefit of itself or any
contributor to the endowment thereof, unless the private educational
institution is organized for profit.
Laws 1965, c. 396, § 1102.
§70-4103. Accreditation for private and out-of-state public degree-
granting institutions
A. As used in this section:
1. "Degree-granting institution" means an institution that
offers education leading to an associate's degree or higher;
2. "Non-degree-granting activity" means offering education or
training that does not lead to an associate's degree or higher; and
3. "State authorization reciprocity agreement" means an
agreement among states, districts and territories that establishes
comparable standards for providing distance education from their
postsecondary educational institutions to out-of-state students.
B. All private and out-of-state public degree-granting
institutions shall be accredited by a national or regional
accrediting agency which is recognized by the Secretary of the United
States Department of Education as a reliable authority as to the
quality of education or training offered by institutions of higher
education for the purposes of the Higher Education Act of 1965, as
amended. Additionally, for the purposes of consumer protection and
to maintain financial eligibility for Title IV funding as described
in 34 CFR Part 600, institutions shall be authorized according to the
policies and procedures established by the Oklahoma State Regents for
Higher Education. These policies and procedures shall be limited to
a complaint process provision, standards for operation, stipulations
for a written enrollment agreement between the institution and the
student and reporting requirements. The following institutions shall
be exempt from this section:
1. Private institutions participating in the Oklahoma Tuition
Equalization Grant program; and
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2. Out-of-state public and private institutions participating in
a state authorization reciprocity agreement that only conduct
activities in Oklahoma that are acceptable under the terms and
conditions of the state authorization reciprocity agreement.
C. Non-exempt institutions engaged in non-degree granting
activities, such as offering certificates and diplomas, shall be
subject to the standards administered by the Oklahoma Board of
Private Vocational Schools.
Added by Laws 1965, c. 396, § 1103, eff. July 1, 1965. Amended by
Laws 1996, c. 284, § 1, eff. July 1, 1996; Laws 2016, c. 216, § 1.
§70-4104. Degrees.
A private educational institution shall grant only those degrees
authorized by the Oklahoma State Regents for Higher Education unless
approved otherwise by a national or regional accrediting agency which
is recognized by the Secretary of the United States Department of
Education as a reliable authority as to the quality of education or
training offered by institutions of higher education for the purposes
of the Higher Education Act of 1965, as amended.
Added by Laws 1965, c. 396, § 1104. Amended by Laws 1996, c. 284, §
2, eff. July 1, 1996.
§70-4105. Existing private educational institutions.
Nothing in this article shall affect any private educational
institution in existence when this Code becomes effective if such
institution is accredited as provided in this article.
Laws 1965, c. 396, § 1105.
§70-4201. Establishment - Programs - Admission of nonresidents.
The Board of Education of any school district in this State may
provide educational facilities and programs above the twelfth grade
in an institution to be known as a Municipal Junior College. Programs
offered may include, but shall not be limited to, vocational and
adult education courses. Persons not residing in the district may be
admitted upon payment of fees established by the Board of Education.
Laws 1965, c. 396, § 1201.
§70-4202. Accreditation.
Municipal Junior Colleges shall comply with, and be accredited
under, regulations and standards prescribed by the Oklahoma State
Regents for Higher Education.
Laws 1965, c. 396, § 1202.
§70-4203. Courses - Programs - Certificates - Degrees.
Municipal Junior Colleges shall offer only those courses and programs
and shall grant only those certificates and degrees which may be
authorized by the Oklahoma State Regents for Higher Education.
*+,-11'121#+,, .;
Laws 1965, c. 396, § 1203.
§70-4204. Fees.
The Board of Education of a school district maintaining a Municipal
Junior College may establish a schedule of student fees which will
pay all or part of the costs of operation of the institution unless
the school district has funds available together with a proportionate
ratio of support from appropriations granted to Institutions of
Higher Education to provide proper accreditation requirements.
Laws 1965, c. 396, § 1204.
§70-4301. Oil and gas mining leases - Terms - Bids - Use of
proceeds.
The Board of Regents of any state educational institution in the
State System may sell and execute oil and gas leases, and other
mining leases, on any of the lands of the State of Oklahoma under the
control of the Board of Regents, whenever in the judgment of the
Board such leasing of the lands will not interfere with the use to
which the lands are being used by the state and will not injure the
buildings or other property situated on tracts adjoining the lands
leased, all sales to be made on a basis of a retained royalty of not
less than one-eighth (1/8) of all of the oil, gas and other minerals
produced therefrom, and such additional cash bonus as may be
procured. All such leases shall contain a provision that in the
event of the discovery of natural gas, such gas shall be furnished
free of charge to any state educational institution located or
thereafter located upon the lands covered by the lease. Such leases
shall be sold only after advertisement for a period of three (3)
weeks in a legal newspaper published and of general circulation in
the county in which the lands are located. Sales shall be made to
the highest and best bidder, and all bids for any tract shall be
presented to the Board of Regents of the institution in sealed
envelopes and shall all be opened and considered at the same time.
The Board of Regents shall have the right to reject any and all of
the bids submitted, and again readvertise the lease or leases for
sale. The Board of Regents may make and promulgate such additional
rules and regulations as it may deem necessary and for the best
interest of the state in facilitating the sale of the leases. All
monies derived from the sale of such leases, and from any royalties
subsequently accruing, shall be deposited in the State Treasury and
credited to a special fund for the institution, to be used by the
institution upon approval by its Board of Regents for capital
improvements, including buildings, repairs and modernization,
classroom and laboratory equipment, and for such other purposes as
may be approved by the State Regents.
Laws 1965, c. 396, § 1301.
*+,-11'121#+,, .;
§70-4302. Assets and obligations of former Boards of Regents.
All property, funds and other assets of any Board of Regents that is
replaced or abolished by the provisions of this Act are hereby
transferred to the Board of Regents replacing or succeeding the
former Board of Regents, which shall also assume and pay all
liabilities and obligations of the former Board of Regents.
Laws 1965, c. 396, § 1302.
§70-4303. Transfer of money in special funds created under prior
laws.
Unless otherwise provided herein, monies in any special fund
created by or established pursuant to any law or part of a law
repealed by this act shall be transferred, at the direction of the
State Regents, to a similar fund created or established pursuant to
the provisions of this act. The term "special fund" as used in this
section, shall include, but shall not be limited to, any revolving
fund or fiscal account.
Laws 1965, c. 396, § 1303.
§70-4304. Repealed by Laws 1977, c. 54, § 3, eff. Oct. 1, 1977.
§70-4305. Airports.
Any one of the institutions comprising The Oklahoma State System
of Higher Education as defined in Section 1 of Article XIII-A of the
Constitution of Oklahoma and any other institutions of Higher
Education which have become coordinated with the Oklahoma State
System of Higher Education under the provisions of Section 4 of said
Article XIII-A of said Constitution may accept grants of airport
property from the United States and hold and operate the same, and
may accept, receive, receipt for, disburse, and expend federal monies
granted by the United States in aid of airport development upon such
terms and conditions as are prescribed by the United States and are
consistent with state law, and consistent with the terms of the
grants by which said properties are acquired or said federal monies
are received from the United States, and any amendment to any grants
or release of any restriction found in the grants; and such
institutions operating or controlling any airport shall have
exclusive management and control of such airport and are hereby
permitted to authorize and regulate the use of such airports by
aircraft not owned and operated by such institutions under the
conditions and subject to the restrictions hereinafter set forth.
A state educational institution may make or amend such reasonable
rules, regulations, and orders as it may deem necessary for the
operation, government and use of any such airport under its control
not inconsistent with this section, with the laws of this state or of
the United States, or any rules, regulations or orders promulgated
pursuant to either, or with the terms of any grant of airport
*+,-11'121#+,, .;$
property or money from the United States, or any amendment to any
grants or release of any restriction in any grants. Such institution
may fix and charge for such services and facilities for aircraft not
owned and operated by it, either rented by it or under concession
contract, as are customarily provided and deemed necessary at any
public airport; provided that all income received from the services
and facilities herein provided for shall be kept by such institution
in a separate fund to be used solely for the operation, upkeep and
maintenance of such institutional airport. A state educational
institution airport may use, lease, rent, sell or otherwise dispose
of any of the property acquired for any purpose not inconsistent with
the terms of any grant or money from the United States or any
amendment of any grants or release of restriction found in any
grants.
Laws 1965, c. 396, § 1305. der
§70-4306. Gifts, devises and bequests - College- or university-
related foundation funds.
A. All state higher educational institutions, constituent
agencies or other entities are hereby authorized to accept and
receive any and all grants or contracts of all kinds, gifts, devises
and bequests of money or property, either real or personal, which may
be, or which may heretofore have been tendered to them by grant or
contract, will or gift, conditionally or unconditionally; and the
Board of Regents of said institutions, constituent agencies or other
entities are hereby directed, authorized and empowered to hold such
funds or property in trust, or invest or sell them and use either
principal or interest or the proceeds of sale for the benefit of such
institutions or entities or the students or others for whose benefit
such institutions or entities are conducted; all in any manner which
is consistent with the terms of the gift as stipulated by the donor
and with the provisions of any applicable laws. Money donated to a
college- or university-related foundation for student scholarships or
grants to students of an institution of The Oklahoma State System of
Higher Education shall not be loaned or given to any regent, officer,
director, or employee of such foundation or institution or to any
relative of such person within the third degree of affinity or
consanguinity. The following, however, shall not be prohibited:
1. Students in the employ of such foundation or institution may
be given scholarships; and
2. Scholarships may be awarded to an otherwise disqualified
relative of any faculty member, staff employee, foundation or
institution officer or maintenance worker of such foundation or
institution if such relative is meritoriously qualified.
B. Any person willfully violating the prohibitions of subsection
A of this section shall be guilty of a felony punishable by
imprisonment in the State Penitentiary for a period of not more than
*+,-11'121#+,, .;(
five (5) years or by a fine of not more than Twenty Thousand Dollars
($20,000.00), or by both such fine and imprisonment. Any person
found guilty of said violations shall also be subject to immediate
removal from office or employment where applicable.
C. The Oklahoma State Regents for Higher Education, any
institution or agency of The Oklahoma State System of Higher
Education or the regents or governing board of such institution or
agency shall not directly or indirectly transfer any funds to any
college- or university-related foundation or render services or
provide any thing of value to any such foundation without receiving
documented adequate payment or reimbursement therefor according to
written contract; provided, nothing herein shall be construed as
prohibiting payment by the institution or agency of claims for
expenses of fund raising for the benefit of the institution or agency
by state employees if such fund raising activities are approved in
advance by the governing board of regents responsible for such
institution or agency and made a part of the minutes of the meeting
of the board.
D. Neither the Oklahoma State Regents for Higher Education nor
any institution or agency of The Oklahoma State System of Higher
Education shall receive any funds, services, or thing of value from
any college- or university-related foundation which has any officers
or employees who are officers or employees of any institution or
agency of the State System or State Regents unless such foundation
makes all its financial records and documents, including work papers,
except for names of donors, available to auditors who are performing
audits of the institution or agency.
Added by Laws 1965, c. 396, § 1306. Amended by Laws 1987, c. 229, §
4, eff. July 1, 1987; Laws 1997, c. 133, § 578, eff. July 1, 1999;
Laws 1999, 1st Ex.Sess., c. 5, § 418, eff. July 1, 1999; Laws 2004,
c. 134, § 2, eff. July 1, 2004.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 578 from July 1, 1998, to July 1, 1999.
§70-4307. Reports and statements.
Institutions of higher learning in the Oklahoma State System of
Higher Education and other colleges and universities in the state
shall make enrollment and other educational information reports to
the Oklahoma State Regents for Higher Education on forms and at such
times as may be prescribed by said Regents.
Laws 1965, c. 396, § 1307.
§70-4308. Act not to affect prior obligations, proceedings,
transactions, actions or rights accrued.
Nothing in this act, nor the repeal of any law or part of a law
by this act, shall affect the validity of any obligation or contract
incurred, or proceedings begun, or any official actions taken, or any
*+,-11'121#+,, .;
rights accrued, before this act becomes effective. The payment of
bonds and other obligations outstanding when this act becomes
effective shall be governed by the laws under which such bonds were
issued or such obligations were incurred.
Laws 1965, c. 396, § 1308.
§70-4309. Repealed by Laws 1980, c. 68, § 1, emerg eff. April 10,
1980.
§70-4310. Repealed by Laws 1989, c. 154 § 2, operative July 1, 1989.
§70-4311. Repealed by Laws 1980, c. 68, § 1, emerg eff. April 10,
1980.
§70-4312. General public liability insurance on university
employees.
Boards of Regents, institutions and agencies comprising the
Oklahoma State System of Higher Education are hereby authorized to
carry general public liability insurance on their employees limited
to their official assigned duties at said university and to pay the
premiums therefor out of non-state-appropriated funds for the
following kinds of insurance, not to exceed the limits indicated:
1. Bodily injury liability, Ten Thousand Dollars ($10,000.00)
each person, Fifty Thousand Dollars ($50,000.00) each accident;
2. Property damage liability, Ten Thousand Dollars ($10,000.00)
each accident; and
3. Medical expense, One Thousand Dollars ($1,000.00).
Such insurance shall be on standard policy forms approved by the
Insurance Commissioner with companies authorized to do business in
Oklahoma. To the extent that an insurer has provided indemnity in a
contract of insurance to the Board of Regents, an institution or an
agency to which the act applies, the said insurer may not plead as a
defense in any action involving insurance purchased pursuant to this
act the governmental immunity of either the State of Oklahoma or of
any political subdivision or agency thereof which has purchased
insurance authorized by this act.
Added by Laws 1971, c. 272, § 1, emerg. eff. June 17, 1971. Amended
by Laws 2006, c. 264, § 72, eff. July 1, 2006.
§70-4313. Liability insurance for employees of various institutions
- Payment of premiums.
It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education shall recognize the need for and the
various boards of regents in the Oklahoma State System of Higher
Education be and are hereby authorized to provide liability insurance
to indemnify employees of institutions and members of boards of
regents in The Oklahoma State System of Higher Education while
*+,-11'121#+,, .;)
performing their official duties, provided such liability shall not
exceed One Million Dollars ($1,000,000.00) and provided further that
boards of regents may in their discretion pay the premium for such
insurance from regular operating budget funds of the State System.
Laws 1975, c. 294, § 16, emerg. eff. June 5, 1975; Laws 1980, c. 320,
§ 17, emerg. eff. June 16, 1980; Laws 1981, c. 130, § 1.
§70-4314. Student loans - Loan agreement - Delinquency charge -
Attorney fees - Collection fees.
Notwithstanding the provisions of Title 14A of the Oklahoma
Statutes which otherwise limit enforceable charges for delinquent
payments and collection of delinquent loans which are granted to
students for educational costs while attending accredited
institutions in The Oklahoma State System of Higher Education, as
defined in the Oklahoma Constitution, Article XIII-A, Section 1, the
loan agreement between the lender and the student who is borrowing to
attend such an institution may lawfully provide for the collection of
the following:
1. A delinquency charge on any installment not paid within ten
(10) days after its scheduled due date in an amount not exceeding the
greater of either Five Dollars ($5.00) or five percent (5%) of the
unpaid amount of the installment; and
2. Reasonable attorney's fees and fees paid to collection
agencies by the lender in the event the delinquent loan is referred
to an attorney or a commercial collection agency for collection.
Provided that this section shall apply only to education loans for
which the loan finance charge imposed under the agreement does not
exceed an annual percentage rate of twelve percent (12%) per annum
calculated according to the actuarial method.
Laws 1979, c. 119, § 1.
§70-4315. Cause of action against third parties.
Any public or private institution of higher education that is a
member of a governing authority shall have a cause of action against
a third party who engages or conspires with another to engage in
conduct in violation of the rules of the governing authority that
causes the educational institution to incur sanctions by the
governing authority or other economic penalties or losses. The
educational institution may recover damages in the amount of the
sanctions, penalties or economic losses incurred as a result of the
conduct of the third party, and reasonable attorney fees and costs.
Added by Laws 2017, c. 46, § 1, eff. Nov. 1, 2017.
§70-4401. Authorization to establish and maintain college.
A community junior college may be established, maintained and
operated in any community in accordance with criteria and standards,
*+,-11'121#+,, .;!
rules, and regulations prescribed by the Oklahoma State Regents for
Higher Education, hereinafter referred to as the State Regents.
Laws 1967, c. 100, § 2 (Section 1401), emerg. eff. April 24, 1967.
§70-4402. Application to establish.
A community junior college may be established only when
application therefor has been made to the State Regents by the
governing board or boards of one or more cities, counties, towns and/
or school districts having territory in such community, provided that
existing accredited community junior colleges shall be deemed to have
priority for inclusion in the fiscal budgeting for institutions of
higher learning after the effective date of this act to fulfill the
requirements as per Section 1408 of the act. Provided, that a
community junior college may be established in a community consisting
of a geographical area whose boundaries are not co-extensive with
those of one or more cities, counties, towns and/or school districts,
if the population of such area is not less than seventy-five thousand
(75,000) and the net assessed valuation in such area is not less than
Seventy-five Million Dollars ($75,000,000.00) to be determined by the
State Regents, and an application therefor is made by petition signed
by not less than five percent (5%) of the legal voters residing in
such area. The application shall describe the boundaries of the
community in which the community junior college will be established
and maintained. The word "community" as used herein shall mean the
area set forth in the application.
Laws 1967, c. 100, § 2 (Section 1402); Laws 1969, c. 15, § 1.
§70-4403. Election - Order - Appointment of governing board -
Annexation of territory.
(a) If, after considering any such application, the State Regents
determine as result of a survey that there is a need for a junior
college in the community and that a junior college meeting the
criteria and standards fixed by the State Regents can be maintained
in the community, they shall issue a proclamation calling an election
to be held in the community, to allow legal voters residing in the
community to vote on the question of whether a junior college shall
be established and maintained in the community. The State Election
Board shall cause such election to be held in the same manner as
elections on state questions and shall certify the results to the
State Regents; and if a majority of the legal voters residing in the
community, voting on the question, shall have voted in favor of
establishing and maintaining the proposed junior college, the State
Regents shall issue an order authorizing the junior college,
designating the name by which it shall be known and describing the
boundaries of the community in which the junior college will be
established and maintained as set forth in the application. Thereupon
the Governor shall appoint four members of the governing board of the
*+,-11'121#+,, .;
junior college hereinafter provided for, by and with the advice and
consent of the State Senate, such appointments to be to Position No.
1, Position No. 2, Position No. 3, and Position No. 4, respectively,
which four members so appointed by the Governor shall appoint three
other members of the governing board, to Position No. 5, Position No.
6, and Position No. 7, respectively.
(b) The territory comprising a county, municipality or school
district, or any part thereof, may, upon petition of the governing
board of the county, municipality or school district, or upon
petition of not less than ten percent (10%) of the legal voters
residing therein, be annexed to an adjoining community or school
district maintaining or authorized to maintain a community junior
college, if (1) the State Regents determine that the annexation is
feasible, and (2) the annexation is approved by the legal voters in
the territory proposed to be annexed, as hereinafter provided. The
petition shall be filed with the State Regents, which shall thereupon
cause a study to be made as to the feasibility of the proposed
annexation, and if the State Regents determine that it is feasible,
they shall issue a proclamation calling an election to be held in
such territory, to allow legal voters in the territory to vote on the
question of whether the territory shall be annexed to such community
or school district maintaining or authorized to maintain a community
junior college. The State Election Board shall cause such election
to be held in the same manner as elections on state questions, and
certify the results to the State Regents; and if a majority of the
legal voters residing in such territory, voting on the question,
shall have voted in favor of annexing the territory to such community
or school district, the State Regents shall issue an order annexing
the territory to such community or school district maintaining or
authorized to maintain a community junior college, and give notice
thereof to the board of trustees of the college.
Laws 1967, c. 100, § 2 (Section 1403); Laws 1968, c. 166, § 1.
§70-4404. Board of Trustees - Tenure - Election of successors -
Vacancies.
(a) The governing board of a community junior college shall be
known as the Board of Trustees and shall be composed of seven (7)
members who are qualified electors of the junior college district, as
follows: Position No. 1, with a term expiring one (1) year from the
effective date of the first appointment thereto, and each seven (7)
years thereafter; Position No. 2, with a term expiring two (2) years
from the effective date of the first appointment thereto, and each
seven (7) years thereafter; Position No. 3, with a term expiring
three (3) years from the effective date of the first appointment
thereto, and each seven (7) years thereafter; Position No. 4, with a
term expiring four (4) years from the effective date of the first
appointment thereto, and each seven (7) years thereafter; Position
*+,-11'121#+,, .;"
No. 5, with a term expiring five (5) years from the effective date of
the first appointment thereto, and each seven (7) years thereafter;
Position No. 6, with a term expiring six (6) years from the effective
date of the first appointment thereto, and each seven (7) years
thereafter; Position No. 7, with a term expiring seven (7) years from
the effective date of the first appointment thereto, and each seven
(7) years thereafter.
(b) An election shall be held in such community each year, on the
fourth Tuesday in January, to select the successor of the member of
the governing board whose term expires during the year. Such election
shall be conducted by the county election board of the county having
the greatest part of the territory in the community. Each elected
member shall be elected for a term of seven (7) years, and until his
successor is elected and qualified. Vacancies in the membership of
the board shall be filled by the remaining members of the board, for
a period extending until the next regular community junior college
district election, at which time an election conducted as provided in
this section shall be held to fill any balance of the unexpired term;
provided however, that if the board does not fill the vacancy by
appointment within seventy (70) days after the same occurs, it shall
be mandatory on the part of the county election board to call a
special election to fill the vacancy for the unexpired term, which
election shall be held for the election of a board member only and
said election shall be conducted in the same manner as the regular
election.
Added by Laws 1967, c. 100, § 2 (Section 1404), emerg. eff. April 24,
1967; Laws 1972, c. 217, § 2, emerg. eff. April 7, 1972; Laws 1973,
c. 97, § 1, emerg. eff. May 2, 1973.
§70-4405. Powers and duties of board.
The governing board of a community junior college shall have the
supervision, management, and control of the community junior college,
and shall have the following additional specific powers and duties:
a. Adopt such rules and regulations as it deems necessary to
govern the community junior college.
b. Employ and fix the compensation and duties of such personnel
as it deems necessary for the operation of the community junior
college; and establish appropriate policies for retirement, group
insurance, and other staff benefits as provided for employees of
other public colleges in Oklahoma.
c. Purchase, construct, or rent such buildings as it deems
necessary for the operation of the community junior college.
d. Enter into contracts, purchase supplies, materials, and
equipment, and incur such other expenses as may be necessary to make
any of its powers effective.
*+,-11'121#+,, .;
e. Receive and make disposition of monies, grants, and property
from Federal agencies and the State, and administer the same in
accordance with Federal and State requirements.
f. Accept gifts of real and personal property, money, and other
things, and to use or dispose of the same in accordance with the
direction of the donors or grantors thereof.
g. Establish a schedule of student fees to pay all or part of
the cost of operation of the college, which schedule of fees must
bear the approval of the State Regents.
h. Do all things necessary or convenient to carry out the powers
expressly granted to it, or to make the community junior college
effective for the purposes for which it is maintained or operated.
Laws 1967, c. 100, § 2 (Section 1405).
§70-4406. Cooperative agreements.
The governing board of any public junior college shall have the
power and authority to enter into cooperative agreements with any
technology center school for the joint use of facilities and
personnel, joint courses of study and educational programs and other
cooperative efforts to the mutual benefit of each school and the
public.
Added by Laws 1967, c. 100, § 2, emerg. eff. April 24, 1967. Amended
by Laws 1987, c. 204, § 50, operative July 1, 1987; Laws 2001, c. 33,
§ 152, eff. July 1, 2001.
§70-4407. Standards and regulations - Courses - Degrees.
Each community junior college shall comply with, and be
accredited under, standards and regulations prescribed by the State
Regents; and shall offer courses of study and educational programs
and shall grant certificates and degrees as authorized by the State
Regents in order that the educational activities of the junior
college shall be coordinated with the total public effort for higher
education in the state.
Laws 1967, c. 100, § 2 (Section 1407).
§70-4408. Financial assistance - Locations authorized.
Any community junior college established, operated, and
accredited as provided for herein shall be eligible to receive
assistance from the State of Oklahoma in funds for educational and
general operation of the institution, which funds shall be allocated
by the State Regents from monies appropriated by the Legislature,
which allocation shall be on a per capita basis in an amount equal to
seventy-five percent (75%) of the per capita state-appropriated
allocation made to the two-year college member institutions of the
Oklahoma State System of Higher Education. Any municipality or
subdivision of the state government represented in the jurisdiction
of the community junior college shall have authority to use any of
*+,-11'121#+,, .;
its funds, now or hereafter available, to assist in the
establishment, maintenance, and operation of the community junior
college. Community junior colleges are hereby authorized to be
established at Henryetta, Ardmore and Woodward, Oklahoma.
Laws 1967, c. 100, § 2 (Section 1408); Laws 1970, c. 281, § 1.
§70-4409. Repealed by Laws 1987, c. 204, § 134, operative July 1,
1987.
§70-4410. Authorization for junior colleges to become technology
center schools.
Any community maintaining a community junior college as provided
by Sections 4401 - 4409 of this title, in which courses in vocational
and/or technical education are to be offered, and meeting the
published standards and criteria prescribed by law and/or the State
Board of Career and Technology Education for establishing a
technology center school district may, by resolution adopted by the
Board of Trustees of the college, become a technology center school
district; and laws applicable to other technology center school
districts, including laws authorizing tax levies and laws pertaining
to eligibility for participation in federal funds, shall be
applicable to such district, except that in lieu of a board of
education its governing board shall be the Board of Trustees of the
community junior college; provided that the provision above shall
also be applicable to all community and municipal junior colleges now
in existence in Oklahoma.
Added by Laws 1968, c. 278, § 1, emerg. eff. May 2, 1968. Amended by
Laws 2001, c. 33, § 153, eff. July 1, 2001.
§70-4411. Two-year colleges to become technology center school
districts by resolution of Regents for Higher Education - Eligibility
for federal funds.
It is further provided that a two-year college which is a part of
The Oklahoma State System of Higher Education may become a technology
center school district for the purpose of providing postsecondary
vocational and/or technical education programs and services within an
area to be geographically defined by the Oklahoma State Regents for
Higher Education. Two-year state colleges thus designated as
technology center districts by resolution of the State Regents for
Higher Education shall be eligible to receive federal funds for
vocational-technical education. Exclusive management and control of
higher education institutions now vested by law in the governing
boards and the State Regents for Higher Education shall remain
unchanged by present provisions. The college technology center
districts which receive federal vocational education funds from the
State Board of Career and Technology Education shall comply with the
standards and rules established by the State Board of Career and
*+,-11'121#+,, .;
Technology Education that are applicable to programs federally
funded. The funds derived from local taxing authority as granted
heretofore to community college boards shall not be construed to
accrue to said boards of regents for state two-year colleges.
Added by Laws 1968, c. 278, § 2, emerg. eff. May 2, 1968. Amended by
Laws 1991, c. 206, § 3, emerg. eff. May 17, 1991; Laws 2001, c. 33, §
154, eff. July 1, 2001.
§70-4412. State aid for building purposes.
The Oklahoma State Regents for Higher Education shall have
authority to allocate state aid to community junior colleges meeting
the standards and criteria for accreditation by the State Regents,
for capital improvements purposes from funds appropriated by the
State Legislature for this purpose, provided that a long-range
comprehensive plan for the campus development of the junior college
has been prepared by the institution and approved by the State
Regents. After approval of the plan the State Regents may allocate
from any funds available for such purpose not more than forty percent
(40%) of the estimated cost of proposed construction of buildings and
other capital improvements, provided that the institution shall have
furnished assurance to the State Regents that the remaining sixty
percent (60%) of the estimated cost of the construction project will
be provided in the form of federal and/or local funds.
Laws 1968, c. 278, § 3.
§70-4413. Tulsa Community College.
A. The Oklahoma State Regents for Higher Education shall have
authority to establish a two-year community college in Tulsa County
to serve Tulsa County and surrounding area, if provision is made
locally for the donation, to the State of Oklahoma, of a suitable
site for the college, which shall be known as the Tulsa Community
College and shall be an integral part of The Oklahoma State System of
Higher Education; and shall be entitled to the same privileges and be
subject to the same laws as other member institutions of such State
System.
B. After the Oklahoma State Regents for Higher Education have
acted to establish the Tulsa Community College, there shall be
created the Board of Regents of the Tulsa Community College, which
shall consist of seven (7) members, to be appointed by the Governor,
by and with the advice and consent of the Senate. Four members of
said Board shall be residents of Tulsa County. Appointments shall be
to numbered positions on the Board, and the terms of members of the
Board shall be as follows:
Position No. 1. The term of office of one member shall expire on
the 30th day of June, 1969, and each seven (7) years thereafter.
Position No. 2. The term of office of one member shall expire on
the 30th day of June, 1970, and each seven (7) years thereafter.
*+,-11'121#+,, .;$
Position No. 3. The term of office of one member shall expire on
the 30th day of June, 1971, and each seven (7) years thereafter.
Position No. 4. The term of office of one member shall expire on
the 30th day of June, 1972, and each seven (7) years thereafter.
Position No. 5. The term of office of one member shall expire on
the 30th day of June, 1973, and each seven (7) years thereafter.
Position No. 6. The term of office of one member shall expire on
the 30th day of June, 1974, and each seven (7) years thereafter.
Position No. 7. The term of office of one member shall expire on
the 30th day of June, 1975, and each seven (7) years thereafter.
Vacancies in positions on the Board shall be filled by the
Governor for the unexpired term, by and with the advice and consent
of the Senate. No member of the Board shall be employed upon any
work to be performed in connection with the Tulsa Community College,
nor shall any member of said Board enter into any contract or
business transaction involving a financial consideration with the
Tulsa Community College. Each member of the Board of Regents of the
Tulsa Community College shall take and subscribe to the oaths
required of state officials generally. Each member of the Board
shall be allowed necessary travel expenses, as may be approved by the
Board, pursuant to the State Travel Reimbursement Act.
C. The Board of Regents of the Tulsa Community College shall be
a body corporate, and shall adopt and use an official seal. It shall
annually elect a chairperson, a vice-chairperson, and a secretary,
each of whom shall serve for a term of one (1) fiscal year and until
his or her successor is elected and qualified, and who shall perform
such duties as the Board directs; and each of whom shall furnish a
corporate surety bond payable to the State of Oklahoma, in such
amount as the Board may prescribe, conditioned upon the faithful
performance of his or her duties. The Board shall adopt rules as it
deems necessary for the governing of the Board and the discharge of
its duties, and shall cause to be kept the minutes of all meetings
and transactions considered at each meeting, in a suitable book to be
obtained and kept for such purpose. The Board of Regents of the
Tulsa Community College shall be the governing Board of the community
college and shall have the supervision and management thereof and
shall have the same powers and duties as governing boards of other
institutions in The Oklahoma State System of Higher Education and may
do all things necessary or convenient to make the community college
effective for the functions and purposes for which it shall have been
established. Following the establishment of the Tulsa Community
College by the Oklahoma State Regents for Higher Education, the Board
of Regents of the college shall develop a comprehensive plan for
implementing the functions, purposes and educational programs of the
Tulsa Community College as prescribed by the State Regents in the
establishment of the institution, which plan shall be submitted for
review and approval of said State Regents.
*+,-11'121#+,, .;(
D. The name change from Tulsa Junior College to Tulsa Community
College shall not affect in any manner whatsoever any legal
relationships, bonds, contracts, supervisory authority by the Board
of Regents, title to property, obligations, or any other phase or
aspect of the legal status of the institution for any purpose, except
that the institution shall be referred to as the "Tulsa Community
College" in all future references to the institution and in all
constitutional and statutory references currently in law.
E. It is the intent of the Legislature that supplies, including
but not limited to letterheads, which on the effective date of this
section carry or are labeled with the name "Tulsa Junior College"
shall be utilized after the effective date of this section until such
supplies are depleted. Any new supplies ordered for use after the
effective date of this section shall bear the name "Tulsa Community
College". For purposes of this section, "supplies" shall not mean
signs designating the name of the college.
Added by Laws 1968, c. 278, § 4, emerg. eff. May 2, 1968. Amended by
Laws 1985, c. 178, § 66, operative July 1, 1985; Laws 1996, c. 276, §
7, emerg. eff. May 30, 1996.
§70-4414. Provisions of act as cumulative.
The provisions of this act shall be cumulative to existing laws.
Laws 1968, c. 278, § 5.
§70-4415. Communities as area school districts - Authorization to
issue bonds and levy taxes.
Any community that has heretofore been or that may hereafter be
authorized to establish a junior college by order of the Oklahoma
State Regents for Higher Education pursuant to Chapter 100, Oklahoma
Session Laws 1967, as amended (70 O.S. Supp. 1968, Sections 4401 -
4409), and that has been or may be declared to be an area school
district by resolution of the Board of Trustees of the junior
college, may, through the Board of Trustees of the community college,
in accordance with Section 9B, Article X, Oklahoma Constitution,
issue general obligation bonds in the same manner as bonds are issued
by independent school districts, and cause taxes to be levied against
all taxable property in the community to meet payment of principal
and interest of the bonds under the procedure prescribed for bonds of
independent school districts; and may make levies as provided by
Sections 9B and 10, Article X, Oklahoma Constitution, and Section 5
of Chapter 321, Oklahoma Session Laws 1967 (70 O.S. Supp. 1968, Sec.
4-47).
Laws 1969, p. 621, H.J.R.No. 1034, § 1, emerg. eff. April 17, 1969.
§70-4416. Validation of organization of certain area school
districts and bonds and tax levies.
*+,-11'121#+,, .;
Any such community heretofore declared to be an area school
district is hereby validated and confirmed as a duly established area
school district for the purpose of Section 9B, Article X, Oklahoma
Constitution, and shall have the powers specified in Section 1 of
Chapter 278, Oklahoma Session Laws 1968 (70 O.S.Supp.1968, Sec.
4410). Any and all elections heretofore called or held to authorize
the issuance of bonds and tax levies by any such community as an area
school district, and bonds and tax levies issued or authorized
pursuant to such elections in the manner prescribed by law for
independent school districts, are hereby validated and confirmed.
Laws 1969, p. 621, H.J.R.No. 1034, § 2.
§70-4417. Western Oklahoma State College.
The Oklahoma State Regents for Higher Education are hereby
directed to complete the study authorized by House Concurrent
Resolution No. 1003 of the First Session of the Thirty-second
Legislature within ninety (90) days after the passage of this act
and, upon a finding of need and feasibility, are authorized to
establish a two-year junior college in Altus, to serve Jackson,
Tillman, Kiowa, Greer and Harmon Counties and surrounding area, if
provision is made locally for the donation, to the State of Oklahoma,
of a suitable site for the college, which shall be known as the
Western Oklahoma State College and shall be an integral part of the
Oklahoma State System of Higher Education; and shall be entitled to
the same privileges and be subject to the same laws as other member
institutions of such State System.
Added by Laws 1969, c. 295, § 2, emerg. eff. May 7, 1969. Amended by
Laws 1974, c. 16, § 3.
§70-4418. Board of Regents of Western Oklahoma State College.
The State Regents for Higher Education upon said finding of need
and feasibility as provided in Section 4417 of this title are
directed to negotiate with the Board of the now existing Altus
Community College and make all appropriate arrangements for the
conversion of this institution to a state junior college, including
the continued use of existing facilities, faculty and other resources
for the period of time necessary to achieve the conversion, and to
maintain and operate the college during the transition period. After
the conversion has been fully accomplished by the State Regents, a
governing board composed of seven (7) members to serve seven-year
overlapping terms and to be known as the Board of Regents of Western
Oklahoma State College shall be created to be appointed by the
Governor by and with the advice and consent of the Senate, which
board shall have the same powers and duties as the Board of Regents
of Tulsa Community College, set out in Section 4413 of this title.
No more than four members of Advisory Board shall be residents of any
one county involved.
*+,-11'121#+,, .;)
Added by Laws 1969, c. 295, § 3, emerg. eff. May 7, 1969. Amended by
Laws 1974, c. 16, § 4; Laws 1996, c. 276, § 8, emerg. eff. May 30,
1996.
§70-4418.1. Changing name of Altus Junior College to Western
Oklahoma State College.
The state educational institution located at Altus shall continue
at the same location and its official name shall be Western Oklahoma
State College.
Added by Laws 1974, c. 16, § 1.
§70-4418.2. References deemed to be to Western Oklahoma State
College - Legal status not affected.
Wherever the laws of this state refer to this institution as
Altus Junior College or any other name, the reference shall be deemed
to be to Western Oklahoma State College. The name herein prescribed
shall not affect in any manner whatsoever any legal relationships,
bonds, contracts, supervisory authority by the Oklahoma State Regents
for Higher Education, title to property, obligations, or any other
phase or aspect of the legal status of the institution or its Board
of Regents for any purpose, except that this institution shall be
referred to as "Western Oklahoma State College" and its Board of
Regents shall be referred to as the "Board of Regents of Western
Oklahoma State College."
Added by Laws 1974, c. 16, § 2.
§70-4419. Tulsa Technology Center School District - Board districts.
A. All of the territory comprising the County of Tulsa, and all
of the territory in adjacent counties comprising a portion of school
districts partially located in Tulsa County shall be a technology
center school district to be known as the Tulsa Technology Center
School District. Territory that is in an existing technology center
school district shall be exempt from consideration. Provided,
nothing in this section shall prohibit the annexation of territory in
adjacent counties by the Tulsa Technology Center School District in
accordance with rules prescribed by the State Board of Career and
Technology Education. Provided, further, any such annexation shall
be approved by the Tulsa Technology Center School Board of Education
prior to such annexation election. The Tulsa Technology Center
School District shall have a board of education consisting of seven
(7) members having the same powers and duties as boards of education
of other technology center school districts. The members shall be
elected in the same manner as boards of education of other technology
center school districts except as otherwise provided in this title.
The terms of office of members shall be staggered so that the term of
office of only one member shall expire each year. The offices shall
be numbered. The Tulsa Technology Center School Board of Education
*+,-11'121#+,, .;!
shall divide the territory of the district into seven board districts
in the same manner as required by independent school districts. One
member of the board of education shall be elected to represent each
board district. Beginning January 1, 1993, the following provisions
and the provisions of Section 13A-101 et seq. of Title 26 of the
Oklahoma Statutes shall control as to election of the members of the
Tulsa Technology Center School Board of Education:
1. There shall be held a nomination election in which the
electors of each board district in which a term is expiring or in
which a vacancy exists shall select two nominees from among the
candidates for board member to represent the board district;
2. If, in the nominating election, one candidate has a majority
of all votes cast, then that candidate shall be elected to represent
the board district and a general election is not required. If no
candidate receives a majority of all votes cast, then the two
candidates receiving the greatest number of votes shall become the
nominees for the board district in the general election; and
3. At the general election, all of the electors of the board
district shall select one of the two nominees as the member of the
board of education representing the board district.
B. Except as otherwise provided in this section, the election of
the governing board and the operation of the Tulsa Technology Center
School District shall be in accordance with rules established by the
State Board of Career and Technology Education as provided for in
Section 9B, Article X of the Oklahoma Constitution.
C. It is hereby provided that not more than five (5) mills on
the dollar valuation of the taxable property in the district shall be
voted on or thereafter be levied annually under Section 9B, Article X
of the Oklahoma Constitution, and the district shall not become
indebted for more than three percent (3%) of the net valuation of
taxable property within the district for capital improvements for
secondary and adult vocational and technical education purposes.
Only programs in secondary and adult vocational and technical
education shall be offered by the district.
D. Programs in post-secondary vocational and/or technical
education shall not be offered or conducted by the Tulsa Technology
Center School District; provided, however, that nothing in this
section shall be construed as prohibiting the establishment of an
authorization to conduct such post-secondary vocational and technical
programs by legislative enactment creating or establishing such
programs within the limits of Section 9B, Article X of the Oklahoma
Constitution.
Added by Laws 1973, c. 278, § 1, emerg. eff. May 30, 1973. Amended
by Laws 1982, c. 257, § 2, operative July 1, 1982; Laws 1992, c. 40,
§ 1, eff. July 1, 1992; Laws 2001, c. 33, § 155, eff. July 1, 2001;
Laws 2002, c. 480, § 2, emerg. eff. June 6, 2002.
*+,-11'121#+,, .;
§70-4420. Tulsa Community College Technology Center School District.
A. The territory comprising the County of Tulsa shall be a
technology center school district for vocational and/or technical
schools to be known as the Tulsa Community College Technology Center
School District; and all laws applicable to other technology center
school districts shall apply to it, except as hereinafter provided.
The Board of Regents of the Tulsa Community College shall serve as
the governing board of education of the district. Programs in
postsecondary vocational and/or technical and/or adult education
shall be offered by the district, subject only to the authority
herein granted to the Tulsa Technology Center School District Board
which shall serve as a funding board for the Tulsa Community College
Technology Center School District. The funding board composed of the
elected members of the Tulsa Technology Center School District shall
have the sole authority to resolve and determine the submission of a
proposed millage or capital improvement bond issue to a vote of the
electorate. Provided, however, that in the event of a favorable
action on any such question submitted resulting in a levy for the
support of programs to be offered by the Tulsa Community College
Technology Center School District, then and in that event the funds
so voted and derived from such levy shall be under the direct
supervision and control of the governing board of the Tulsa Community
College Technology Center School District. All funds expended for
operations or capital improvements are subject to approval by the
Tulsa Technology Center School District Board. All such funds shall
be expended according to rules and procedures prescribed by the
Oklahoma State Regents for Higher Education.
B. Not more than five (5) mills on the dollar valuation of the
taxable property in the district may be voted on and thereafter be
levied annually under Section 9B, Article X of the Oklahoma
Constitution, for postsecondary vocational and/or technical education
purposes in the district. Proceeds of such levies shall be made a
part of the educational and general operating budget of the Tulsa
Community College and shall be allotted, budgeted and expended for
supplemental support of the postsecondary vocational and/or technical
and/or adult education programs offered by the college in accordance
with rules made by the Oklahoma State Regents for Higher Education;
provided, however, that the State Regents shall not take into
consideration this local ad valorem tax revenue for supplemental
support of the district technical education program when allocating
state-appropriated funds for support of the basic community college
program.
C. The district may become indebted for not more than two
percent (2%) of the net valuation of taxable property within the
district for capital improvements to provide supplemental
accommodations for postsecondary vocational and technical education
programs offered at the Tulsa Community College, when such
*+,-11'121#+,, .;"
indebtedness is approved by a majority of the electors of the
technology center school district voting on the question in an
election called for such purpose. Bonds in pursuance thereof shall
be issued in the same manner as bonds issued by boards of education
of other technology center school districts, and the proceeds of such
bonds shall be used for facilities approved by the Oklahoma State
Regents for Higher Education and shall be allocated, expended and
accounted for in accordance with rules of the State Regents.
Added by Laws 1973, c. 278, § 2, emerg. eff. May 30, 1973. Amended
by Laws 1996, c. 276, § 9, emerg. eff. May 30, 1996; Laws 2001, c.
33, § 156, eff. July 1, 2001; Laws 2002, c. 480, § 3, emerg. eff.
June 6, 2002.
§70-4420.1. College technology center school districts.
A. Any county contiguous with a county that is entirely included
in a college technology center school district, upon adoption of a
resolution by the board of regents of any institution of The Oklahoma
State System of Higher Education whose main campus is located within
such contiguous county, shall become a college technology center
school district and be governed by the members of said board of
regents, sitting as a board of education. The laws applicable to
technology center school districts, including laws authorizing
submission of tax levies pursuant to Section 9B of Article X of the
Oklahoma Constitution which may be in addition to established levies
of districts overlapping with said district, and the laws pertaining
to expenditure of funds and eligibility for participation in federal
funds, shall be applicable to such district. Not more than five (5)
mills on the dollar valuation of the taxable property in the district
may be voted on and thereafter be levied pursuant to subsection A of
Section 9B of Article X of the Oklahoma Constitution. Not more than
five (5) mills on the dollar valuation of the taxable property in the
district may be voted on and thereafter be levied pursuant to
subsection B of Section 9B of Article X of the Oklahoma Constitution.
Funds received pursuant to ad valorem levies shall not be used for
state purposes but shall be used for postsecondary vocational and/or
technical and adult education purposes in the district.
B. The Oklahoma State Regents for Higher Education shall not
take the ad valorem tax revenue of the district into consideration
when allocating state-appropriated funds to the institution.
Added by Laws 1989, c. 41, § 2, eff. Jan. 1, 1991. Amended by Laws
2001, c. 33, § 157, eff. July 1, 2001.
§70-4420.2. Eligibility for state funds appropriated to State Board
of Career and Technology Education.
College technology center school districts authorized by Sections
4410, 4411, 4420, and 4420.1 of this title shall not be eligible to
receive any state funds appropriated by the Legislature to the State
*+,-11'121#+,, .;
Board of Career and Technology Education. Nothing provided in this
section shall be construed as prohibiting contracts and cooperative
agreements between college technology center districts and technology
center school districts or prohibiting contracts or agreements
between or among technology center schools or the State Board of
Career and Technology Education and institutions of The Oklahoma
State System for Higher Education or their governing boards of
regents or trustees or the Oklahoma State Regents for Higher
Education.
Added by Laws 1991, c. 206, § 2, emerg. eff. May 17, 1991. Amended
by Laws 2001, c. 33, § 158, eff. July 1, 2001.
§70-4421. Separate technology center district for vocational and/or
technical secondary and adult education programs not authorized or
prohibited.
Nothing herein contained shall be construed to authorize or
prohibit the separate establishment of a technology center district
for vocational and/or technical secondary and adult education
programs within the allowable remaining fiscal limits as authorized
by Section 9B, Article X of the Oklahoma Constitution.
Added by Laws 1973, c. 278, § 3, emerg. eff. May 30, 1973. Amended
by Laws 2001, c. 33, § 159, eff. July 1, 2001.
§70-4422. Legislative intent.
It is the intent of the Oklahoma Legislature to make the best use
of all assets and properties owned by the State Board of Regents for
Higher Education; therefore, the Oklahoma Legislature authorizes and
directs the State Board of Regents for Higher Education to trade all
or part of any properties now owned in Tulsa County within the
innerdispersal loop for any suitable site in northeast Tulsa, to
facilitate a proper and expeditious development of the multicampus
concept for a junior college program.
Added by Laws 1973, c. 278, § 4, emerg. eff. May 30, 1973.
§70-4423. Redlands Community College - Carl Albert State College -
Seminole State College - Rose State College - Oklahoma City Community
College.
A. The Oklahoma State Regents for Higher Education are hereby
authorized and directed to maintain two-year colleges at El Reno,
which shall be known as the Redlands Community College, at Poteau,
which shall be known as the Carl Albert State College, at Seminole,
which shall be known as the Seminole State College, at Midwest City,
which shall be known as the Rose State College, and in South Oklahoma
City, which shall be known as the Oklahoma City Community College;
and, each of said colleges shall be an integral and full-fledged part
of The Oklahoma State System of Higher Education.
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B. Each of the colleges which at the time it became a member of
the State System was operating a technical area school district
program to carry out the function of postsecondary technical
education for the people of the district shall continue to do so as
then operated and in accordance with Section 4410 of this title, and
all property acquired by virtue of the technical area school district
operation shall remain as property of the technical area school
district and be maintained in the custody of the Board of Regents of
the college acting as the governing board of the technical area
school district for use by the postsecondary area district program.
C. For each of the colleges above named and identified, there
shall be created a separate Board of Regents, and said Board of
Regents shall consist of seven (7) members to serve seven-year
overlapping terms, with members of said Board to be appointed by the
Governor by and with the advice and consent of the State Senate.
Each Board shall have the same powers and duties as the Board of
Regents of Tulsa Community College. Four members of the Board of
Regents for the colleges located at El Reno, Poteau and Seminole
shall be from the county in which said college is located. Four
members of the Board of Regents for Rose State College shall be
residents of the original district of the college. Four members of
the Board of Regents for Oklahoma City Community College shall be
residents of South Oklahoma City. For purposes of this section,
“South Oklahoma City” shall mean the original district of Oklahoma
City Community College and the portion of Oklahoma City that lies in
Cleveland County and is bounded on the west by County Line Road and
on the east by Bryant Avenue.
With respect to Rose State College and Oklahoma City Community
College, it is further provided that the college and its governing
Board of Regents shall continue to operate the technical area school
district program to carry out the function of postsecondary technical
education for the people of the technical education school district
as now operated, and in accordance with Section 4410 of this title.
Added by Laws 1973, c. 209, § 16, emerg. eff. May 18, 1973. Amended
by Laws 1974, c. 33, § 1, emerg. eff. April 11, 1974; Laws 1983, c.
16, § 2, eff. Nov. 1, 1983; Laws 1990, c. 218, § 8, emerg. eff. May
18, 1990; Laws 1991, c. 61, § 2, eff. Sept. 1, 1991; Laws 1996, c.
171, § 2, emerg. eff. May 14, 1996; Laws 2007, c. 72, § 1, eff. July
1, 2007; Laws 2008, c. 3, § 47, emerg. eff. Feb. 28, 2008.
NOTE: Laws 1996, c. 276, § 10 repealed by Laws 2008, c. 3, § 48,
emerg. eff. Feb. 28, 2008.
§70-4423.1. Carl Albert State College - Name change.
The state educational institution located at Poteau which is
known as "Carl Albert Junior College" and is presently designated as
"Carl Albert Junior College" shall continue at the same location and
the official name of the institution shall be designated in all
*+,-11'121#+,, .;$
future references as "Carl Albert State College". Any reference in
the statutes to Carl Albert Junior College shall be deemed a
reference to Carl Albert State College.
Added by Laws 1990, c. 218, § 9, emerg. eff. May 18, 1990.
§70-4423.1A. Courses and programs for people of Sallisaw - Branch of
Carl Albert State College.
A. The Oklahoma State Regents for Higher Education shall make
resident college credit courses and programs available to the people
of Sallisaw.
B. The State Regents for Higher Education shall provide classes
and programs through a branch of Carl Albert State College, which
shall be established and located in Sallisaw. The branch campus of
Carl Albert State College shall be governed by the Board of Regents
of Carl Albert State College and administered through Carl Albert
State College. The Board of Regents of Carl Albert State College may
provide resources to the branch campus of Carl Albert State College
to maintain its facilities in accordance with its function and
mission as provided by law. The people locally shall provide
suitable physical plant accommodations for the branch campus.
Added by Laws 1996, c. 276, § 6, emerg. eff. May 30, 1996. Amended
by Laws 1999, c. 271, § 10, eff. Sept. 1, 1999.
§70-4423.2. El Reno Junior College - Name change.
A. The institution of The Oklahoma State System of Higher
Education located at El Reno and formerly known as "El Reno Junior
College" shall continue at the same location and its official name
shall be "Redlands Community College".
B. It is the intent of the Legislature that expendable supplies,
including but not limited to letterheads, which on the effective date
of this section carry or are labeled with the name "El Reno Junior
College" shall be utilized after the effective date of this section
until such supplies are depleted. For purposes of this section,
"supplies" shall not mean college catalogs and shall not mean signs
designating the name of the college.
Added by Laws 1991, c. 61, § 3, eff. Sept. 1, 1991.
§70-4423.3. Seminole Junior College - Name change.
A. The state educational institution located at Seminole which
is known and designated as "Seminole Junior College" shall continue
at the same location and the official name of the institution shall
be designated in all future references as "Seminole State College".
B. It is the intent of the Legislature that expendable supplies
including, but not limited to, letterheads, which on the effective
date of this section carry or are labeled with the name "Seminole
Junior College" shall be utilized after the effective date of this
section until such supplies are depleted. For purposes of this
*+,-11'121#+,, .;$$
section, "supplies" shall not mean college catalogs and shall not
mean signs designating the name of the college.
Added by Laws 1996, c. 171, § 3, emerg. eff. May 14, 1996.
§70-4424. Repealed by Laws 2005, c. 402, § 8, eff. July 1, 2005.
§70-4425. McCurtain County Higher Education Program - Acceptance of
property and equipment.
A. The Oklahoma State Regents for Higher Education are
authorized to accept from McCurtain County the property used for
accommodating the McCurtain County Higher Education Program located
near Idabel and known as the E. T. Dunlap Higher Education Center,
including the land, buildings, equipment and other appurtenances.
The facility shall be accepted on behalf of the State of Oklahoma and
it together with the higher education program operated therein shall
become an integral part of The Oklahoma State System of Higher
Education and shall continue to be maintained and operated for the
purpose and in the same manner as at present.
B. The Board of Regents of Oklahoma Colleges are authorized to
accept from the Oklahoma State Regents for Higher Education all
property acquired by the Oklahoma State Regents for Higher Education
pursuant to subsection A of this section. The property shall be used
as part of the Southeastern Oklahoma State University branch campus
in McCurtain County.
Added by Laws 1982, c. 375, § 2, emerg. eff. July 23, 1982. Amended
by Laws 2005, c. 402, § 4, eff. July 1, 2005.
§70-4426. Repealed by Laws 2005, c. 402, § 8, eff. July 1, 2005.
§70-4427. McCurtain County Higher Education Program - Board of
trustees - Advisory board.
A. Until the effective date of this act, there is hereby created
a board of nine (9) trustees to be appointed by the Governor by and
with the consent of the Senate to serve as the administrative agency
for the McCurtain County Higher Education Program. The initial nine
(9) members shall serve their terms for the period to which
originally appointed, in numbered positions having dates of
expiration identical to the dates of expiration of the original
appointments:
Position No. 1. The term of office of one member shall expire on
the 30th day of June, 1986, and each nine (9) years thereafter;
Position No. 2. The term of office of one member shall expire on
the 30th day of June, 1987, and each nine (9) years thereafter;
Position No. 3. The term of office of one member shall expire on
the 30th day of June, 1988, and each nine (9) years thereafter;
Position No. 4. The term of office of one member shall expire on
the 30th day of June, 1989, and each nine (9) years thereafter;
*+,-11'121#+,, .;$(
Position No. 5. The term of office of one member shall expire on
the 30th day of June, 1990, and each nine (9) years thereafter;
Position No. 6. The term of office of one member shall expire on
the 30th day of June, 1991, and each nine (9) years thereafter;
Position No. 7. The term of office of one member shall expire on
the 30th day of June, 1992, and each nine (9) years thereafter;
Position No. 8. The term of office of one member shall expire on
the 30th day of June, 1993, and each nine (9) years thereafter;
Position No. 9. The term of office of one member shall expire on
the 30th day of June, 1994, and each nine (9) years thereafter.
The board so created shall have the same powers and duties as
members of the board of trustees for the University Center of
Southern Oklahoma. The board shall organize and elect a chair, vice-
chair and secretary annually.
B. Beginning with the effective date of this act the board of
trustees created by this section shall serve as an advisory board to
the Board of Regents of Oklahoma Colleges and the President of
Southeastern Oklahoma State University for the Southeastern Oklahoma
State University branch campus in McCurtain County. The advisory
board shall make recommendations on courses and programs, student
services, student financial services, and services to the community
to be furnished by the Southeastern Oklahoma State University branch
campus in McCurtain County.
Added by Laws 1982, c. 375, § 4, emerg. eff. July 23, 1982. Amended
by Laws 1985, c. 317, § 6, emerg. eff. July 26, 1985; Laws 1987, c.
204, § 66, operative July 1, 1987; Laws 1992, c. 223, § 7, eff. July
1, 1992; Laws 2005, c. 402, § 5, eff. July 1, 2005; Laws 2012, c.
252, § 4, eff. July 1, 2012.
§70-4428. Sayre Junior College - Merger with Southwestern Oklahoma
State University.
Sayre Junior College is hereby merged with Southwestern Oklahoma
State University, which shall have administrative responsibility for
the programs of higher education henceforth to be offered at the
Sayre branch campus.
Added by Laws 1987, c. 204, § 61, operative July 1, 1987. Amended by
Laws 2005, c. 402, § 6, eff. July 1, 2005.
§70-4429. Sayre Junior College - Transfer of assets, etc.
All property, equipment, and other assets except cash and
expendable supplies, and all debts and other obligations of Sayre
Junior College shall, as of the effective date of this section,
become assets and obligations of the Sayre Public Schools, District
I-31, Beckham County, Oklahoma. All cash, expendable supplies,
academic records and all other documents of Sayre Junior College that
are not required by the Sayre Public Schools for the management of
the district's assets and obligations shall, as of the effective date
*+,-11'121#+,, .;$
of this act, be transferred to and become the responsibility of
Southwestern Oklahoma State University.
Added by Laws 1987, c. 204, § 62, operative July 1, 1987.
§70-4430. Repealed by Laws 1996, c. 276, § 16, emerg. eff. May 30,
1996.
§70-4430.1. Repealed by Laws 1996, c. 276, § 16, emerg. eff. May 30,
1996.
§70-4431. Repealed by Laws 1996, c. 276, § 16, emerg. eff. May 30,
1996.
§70-4440. Repealed by Laws 2014, c. 8, § 1, eff. Nov. 1, 2014.
§70-4450. Definitions.
As used in Sections 4451 through 4452a of this title:
1. “Quartz Mountain” means all properties held in fee title,
lease or otherwise, including interests in land, real estate options
or real estate contracts, held by or on behalf of the board of
trustees for the Quartz Mountain Arts and Conference Center and
Nature Park that are known and designated as the Quartz Mountain Arts
and Conference Center, Quartz Mountain Lodge, and Quartz Mountain
State Park, including the golf course, the property known as Baldy
Point, described as the N 1/2 of the NE 1/4 of Section 20, Township
Five (5) North, Range Twenty (20) West of the Indian Meridian, and
the SE 1/4 of the SE 1/4 of Section 17, Township Five (5) North,
Range Twenty (20) West of the Indian Meridian, Greer County,
Oklahoma, the property known as Devils Canyon, all buildings,
improvements, appurtenances and associated lands, and all personal
property including equipment, files, fixtures, furniture, and
supplies that relate to the properties;
2. “Center” means the Quartz Mountain Arts and Conference Center
and Nature Park created in this act;
3. “Board” or “board of trustees” means the board of trustees
for the Quartz Mountain Arts and Conference Center and Nature Park
created in this act;
4. “Commission” means the Oklahoma Tourism and Recreation
Commission;
5. “Department” means the Oklahoma Tourism and Recreation
Department; and
6. “State Regents” means the Oklahoma State Regents for Higher
Education.
Added by Laws 2001, c. 347, § 1, emerg. eff. June 1, 2001. Amended
by Laws 2008, c. 101, § 1, eff. July 1, 2008.
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§70-4451. Board of Trustees – Park rangers – Acts prohibited on
Center premises – Penalties – Seasonal employees – Programs of study.
A. There is hereby created a board of trustees to act as the
administrative agency for the Quartz Mountain Arts and Conference
Center and Nature Park (“Center”). The board shall represent a
consortium of higher education institutions within The Oklahoma State
System of Higher Education with an interest in the administration of
the Center, residents of southwest Oklahoma and a nonprofit arts
organization which operates a fine arts institute and continuing
education programs with an interest in the administration of the
Center. The Quartz Mountain Arts and Conference Center and Nature
Park shall be an integral part of The Oklahoma State System of Higher
Education.
B. Beginning July 1, 2008, the board shall consist of nine (9)
members, three of whom shall be the presidents of each of the
following higher education institutions or shall be individuals who
meet the qualifications set forth in subsection D of this section and
represent and are selected by the president of each of the following
higher education institutions:
1. Western Oklahoma State College;
2. Cameron University; and
3. Southwestern Oklahoma State University.
The remaining six members shall be appointed by the Governor with
the advice and consent of the Senate. The members appointed by the
Governor shall hold numbered positions with staggered terms to expire
as provided in subsection C of this section. Successors to the
members initially appointed by the Governor shall serve seven-year
terms that shall expire on June 30 of the seventh year following
appointment. Appointed members may serve successive terms.
Position one shall be the president of an arts organization
recognized as a nonprofit organization pursuant to 26 U.S.C., Section
501(c)(3) that utilizes the Center facilities for the fine arts
institute and continuing education programs offered by the
organization. Positions two and three shall be individuals who are
members of an arts organization recognized as a nonprofit
organization pursuant to 26 U.S.C., Section 501(c)(3) that utilize
the Center facilities for the fine arts institute and continuing
education programs offered by the organization. Position four shall
be a resident of Kiowa County. Position five shall be a resident of
Greer County. Position six shall be a resident of Jackson County.
C. The numbered positions and terms shall be as follows:
1. Position No. 1: the term of office of one member shall
expire on June 30, 2014, and each seven (7) years thereafter;
2. Position No. 2: the term of office of one member shall
expire on June 30, 2013, and each seven (7) years thereafter;
3. Position No. 3: the term of office of one member shall
expire on June 30, 2012, and each seven (7) years thereafter;
*+,-11'121#+,, .;$!
4. Position No. 4: the term of office of one member shall
expire on June 30, 2011, and each seven (7) years thereafter;
5. Position No. 5: the term of office of one member shall
expire on June 30, 2010, and each seven (7) years thereafter; and
6. Position No. 6: the term of office of one member shall
expire on June 30, 2009, and each seven (7) years thereafter.
D. Any member selected by a president of a higher education
institution to serve on the board shall be employed as an
administrator at the vice-president level or higher or as a provost
at the higher education institution which the member is representing.
E. The terms of office of the members of the board of trustees
serving on the effective date of this act shall expire July 1, 2008.
Any member of the board of trustees serving prior to June 30, 2008,
may be appointed to the board of trustees on or after July 1, 2008,
if the member is otherwise eligible to serve.
F. The Chancellor of Higher Education shall call the first
meeting of the board. The board of trustees shall be a body
corporate and shall adopt and use an official seal. The board shall
elect a chair, vice-chair, and secretary annually. The board shall
comply with the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act. The board shall have the authority to submit a budget
annually to the Oklahoma State Regents for Higher Education,
administer monies allocated by the Oklahoma State Regents for Higher
Education, select and employ a chief executive officer and other
employees, and to expend all monies allocated to the Center as may be
necessary to perform the duties and responsibilities of the board.
The board shall have the supervision, management and control of the
Center. The board shall be authorized to adopt rules and regulations
it deems necessary to govern the Center; enter into contracts for
taking title to real and personal property; lease Center facilities
for programs and institutes; accept private funds and gifts of real
or personal property for joint development of the Center as a
cultural conference center, arts park and natural area preserve;
commission park rangers as provided in subsection F of this section,
and fulfill other duties and responsibilities of the board. Board
members shall receive no compensation for service on the board but
are to be reimbursed for reasonable and necessary expenses.
G. The board may commission any officer or employee who is
certified pursuant to Section 3311 of this title as a park ranger as
the board deems necessary to secure the Center and to maintain law
and order. Park rangers, when commissioned, shall have all the
powers of peace officers except the serving or execution of civil
process and shall have in all parts of the state the same powers with
respect to criminal matters and enforcement of the laws relating
thereto as sheriffs, highway patrol troopers, and police officers in
their respective jurisdictions and shall possess all immunities and
matters of defense now available or hereafter made available to
*+,-11'121#+,, .;$
sheriffs, highway patrol troopers, and police officers in any suit
brought against them in consequence of acts done in the course of
their employment, provided that the rangers shall comply with the
provisions of Section 3311 of this title.
H. 1. Notwithstanding any other provisions of law, no person
may:
a. discharge fireworks in any posted areas of the Center,
b. possess any glass container in a designated and posted
swim or beach area within the Center premises,
c. build a fire on the Center premises in areas posted as
prohibited by the board of trustees,
d. solicit or demand gifts, money, goods or services on
the Center premises, or
e. sell, hawk, or peddle on the Center premises any goods,
wares, merchandise, liquids, edibles, or any item of
value, without having a contract or lease agreement
approved by the board of trustees.
2. Any person convicted of violating the provisions of this
subsection shall be punished by a fine of not less than Fifty Dollars
($50.00) nor more than Two Hundred Dollars ($200.00), or imprisonment
in the county jail for not more than thirty (30) days, or by both
such fine and imprisonment.
3. Fifty percent (50%) of all monies collected pursuant to this
subsection shall be deposited in a fund designated by the State
Regents and fifty percent (50%) shall be remitted to the county in
which the violation is made.
I. The Center is authorized to employ seasonal employees
throughout the calendar year who work fewer than one thousand two
hundred (1,200) hours in any twelve-month period. These employees
shall not be entitled to paid leave, paid holidays, retirement,
health, dental or life insurance, and shall be exempt from any laws,
rules, or practices providing for these benefits.
J. It is the intent of the Legislature that the State Regents
shall provide staffing and travel reimbursement for staff and the
board, in accordance with the State Travel Reimbursement Act.
K. The board of trustees shall work with the three consortium
higher education institutions and the State Regents to establish or
provide courses or programs of study to be offered by the
institutions which utilize and incorporate the facilities and
resources of the Center.
Added by Laws 2001, c. 347, § 2, emerg. eff. June 1, 2001. Amended
by Laws 2002, c. 293, § 2, emerg. eff. May 22, 2002; Laws 2008, c.
101, § 2, eff. July 1, 2008.
§70-4452. Transfer of Quartz Mountain properties and personnel –
Funding - Election of retirement system - Rights and responsibilities
of board.
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A. Effective January 1, 2002, the properties defined as Quartz
Mountain in Section 4450 of this title are hereby transferred from
the Oklahoma Tourism and Recreation Commission and the Oklahoma
Tourism and Recreation Department to the board of trustees for the
Quartz Mountain Arts and Conference Center and Nature Park.
B. All Department personnel, in both the classified and
unclassified service of the State Merit System of Personnel
Administration, who are assigned as of January 1, 2002, to Quartz
Mountain, including related liabilities for sick leave, annual leave,
holidays, unemployment benefits and workers' compensation benefits
accruing prior to January 1, 2002, to such personnel shall be
transferred as of January 1, 2002, to the board. It is the intent of
the Legislature that, to the extent possible, the board shall ensure
that the employees retain pay and benefits, as much as possible,
including longevity, dependent insurance benefits, seniority, rights
and other privileges and benefits. Notwithstanding the provisions of
the Oklahoma Personnel Act, Department employees assigned to Quartz
Mountain on January 1, 2002, shall have the right, at the effective
date of January 1, 2002, and not thereafter, to fill a budgeted
vacancy in the classified service of the Parks Division in the
Department or to fill a budgeted vacancy in the unclassified service
in the Golf or Resorts Divisions of the Department, if such employee
is qualified. Additionally, filling of vacancies shall be based on
seniority order with the State of Oklahoma.
C. Appropriate conveyances and other documents shall be executed
by January 1, 2002, to effectuate the transfer of Quartz Mountain.
D. The State Auditor and Inspector shall determine the amount of
funds from available budgetary resources for Quartz Mountain,
including any appropriated funds, revolving funds, or sinking funds,
that should be transferred on January 1, 2002, from the Department
and Commission to the State Regents to continue operation of the
Center for the fiscal year ending June 30, 2002, and shall determine
the amount that should be reserved to the Department for payment of
obligations incurred prior to January 1, 2002. The State Auditor
shall consider relevant funding and expenditure history and projected
expenditures and expenses related to Quartz Mountain and available
budgetary resources for Quartz Mountain in determining the amount to
be transferred. The Director of the Office of Management and
Enterprise Services is authorized and directed to coordinate and
administer the funds transfer. The funds transferred to the State
Regents shall not be subject to any budgetary limits that may have
attached to the funds when the funds were appropriated to the
Department. From July 1, 2001, through December 31, 2001, the
Department shall not spend or encumber more than the funds budgeted
for that period for Quartz Mountain without approval of the State
Auditor and Inspector. Any extraordinary costs incurred by the State
Auditor in performing the review may be subtracted from the amount
*+,-11'121#+,, .;$
transferred on January 1, 2002, to the State Regents and paid to the
State Auditor.
E. The State Regents may establish appropriate funds and
accounts, including a revolving fund in the Office of Management and
Enterprise Services for servicing the fiscal operations of the
Center. Such funds and accounts shall be subject to the direct
supervision, management and control of the board of trustees for the
Center created in this act.
F. 1. An employee transferred pursuant to the provisions of
this act who is a member of the Oklahoma Public Employees Retirement
System or the Oklahoma Law Enforcement Retirement System may elect to
remain a member of the applicable system or may elect to become a
member of the Teachers' Retirement System of Oklahoma. The employee
shall file an election on a form prescribed for that purpose with the
applicable system not later than January 15, 2002.
2. If an employee files an election to remain in the Oklahoma
Public Employees Retirement System or the Oklahoma Law Enforcement
Retirement System, the board of trustees shall pay the required
employer contributions applicable to the participating employers
pursuant to Section 920 of Title 74 of the Oklahoma Statutes or
Section 2-304 of Title 47 of the Oklahoma Statutes. The employee
shall continue to pay employee contributions as required by law.
3. If the employee fails to file an election by January 15,
2002, the employee shall become a member of the Teachers' Retirement
System of Oklahoma.
4. Employees who become members of the Teachers' Retirement
System of Oklahoma shall acquire service credit in the Teachers'
Retirement System pursuant to the provisions of subsection Q of
Section 17-116.2 of this title and shall have all service credit with
the Oklahoma Public Employees Retirement System canceled. The board
of trustees shall make required contributions pursuant to Section 17-
108.1 of this title and the employee shall make required
contributions imposed pursuant to Section 17-116.2 of this title.
The board of trustees and the employees shall be subject to all
requirements of the provisions of Sections 17-101 et seq. of this
title governing the Teachers' Retirement System of Oklahoma.
5. Any employee who is employed by the board after January 1,
2002, and who is otherwise eligible for membership in the Oklahoma
Teacher's Retirement System or the Oklahoma Law Enforcement
Retirement System shall be enrolled during employment by the board of
trustees in the Oklahoma Teacher's Retirement System or the Oklahoma
Law Enforcement Retirement System, as appropriate.
G. The board shall not be responsible for any claims arising
under The Governmental Tort Claims Act accrued prior to January 1,
2002, claims arising from any other actions accrued prior to January
1, 2002, or tort claims arising prior to January 1, 2002, for which
no claim has accrued upon the date of transfer. The board shall not
*+,-11'121#+,, .;(
be responsible for any claims arising out of construction begun
before January 1, 2002, at Quartz Mountain.
H. 1. The board shall succeed to any contractual rights and
responsibilities the Department or the Commission has incurred on
behalf of Quartz Mountain, except as provided in subsection G of this
section.
2. The board may enter into one or more contracts for management
services of the Center. The duties and benefits arising under any
contract for management services of any part of Quartz Mountain
entered into by the Commission that is in effect on January 1, 2002,
shall be assigned to the board. The contract may be renewable at the
option of the board but not to exceed a cumulative period of fifty
(50) years.
3. The Department and the Commission shall execute all necessary
documents to memorialize the assignment to the board all rights,
responsibilities, and obligations under any and all contracts the
Department or the Commission has entered into relating to operation
of any part of Quartz Mountain, including the golf course, as
provided in this section. The board shall execute any documents
necessary to memorialize acceptance of such assignment. In the
absence of memorializing documents or conveyances, the transfers
including all the assignments shall occur by operation of law.
I. The rules of the Commission relating to the operation of
Quartz Mountain, such as traffic, fees, and other like matters, that
are in effect on January 1, 2002, shall be enforceable by the board
until the board establishes rules or until January 1, 2003, whichever
occurs earlier. The board shall be exempt from the provisions of
Articles I and II of the Administrative Procedures Act.
Added by Laws 2001, c. 347, § 3, emerg. eff. June 1, 2001. Amended
by Laws 2012, c. 304, § 640.
§70-4452a. Authorization for issuance of bonds for Center and Nature
Park.
Any legislative authorization for the issuance of bonds on behalf
of the Oklahoma Department of Tourism and Recreation for projects at
Quartz Mountain Arts and Conference Center and Nature Park shall be
construed as, and in all respects shall constitute, authorization for
the issuance of bonds on behalf of the Board of Trustees for the
Quartz Mountain Arts and Conference Center and Nature Park under the
same terms and conditions as set forth in the original authorizing
legislation.
Added by Laws 2002, c. 293, § 4, emerg. eff. May 22, 2002.
§70-4501. Repealed by Laws 1988, c. 137, § 6, eff. July 1, 1988.
§70-4502. Repealed by Laws 1988, c. 137, § 6, eff. July 1, 1988.
*+,-11'121#+,, .;(
§70-4503. Repealed by Laws 1988, c. 137, § 6, eff. July 1, 1988.
§70-4504. Repealed by Laws 1988, c. 137, § 6, eff. July 1, 1988.
§70-4511. Continuous school program.
All public school districts of any type or class are authorized
to establish, maintain and operate their educational program under a
continuous school program, to be conducted throughout the entire
year.
The board of education of any school district may, after
notification to the State Superintendent of Public Instruction,
establish and operate in one or more of the schools within the
district, or in all schools within the district, a continuous school
program pursuant to the provisions of this act.
Added by Laws 1975, c. 332, § 1, emerg. eff. June 12, 1975.
§70-4512. Repealed by Laws 1989, c. 335, § 24, eff. July 1, 1989.
§70-4513. Repealed by Laws 1989, c. 335, § 24, eff. July 1, 1989.
§70-4514. Repealed by Laws 1989, c. 335, § 24, eff. July 1, 1989.
§70-4515. Public hearing.
Prior to implementing a continuous school program in any school
of the district, the school district's board of education shall
consult in good faith in an effort to reach agreement with the
employees of the school, with the parents of pupils who would be
affected by the change, and with the community at large. Such
consultation shall include at least one public hearing for which the
board has given adequate notice to the employees and to the parents
of pupils affected.
In school districts where a continuous school program is
implemented in fewer than all of the schools maintained by the school
district, the board of education of such a school district shall make
every reasonable effort to assign employees who prefer the regular
school schedule to schools of the same level retaining the regular
school schedule.
The board of education of any school district operating pursuant
to the provisions of this chapter shall divide the students of each
selected school into as many groups as necessary to adequately
accommodate a continuous school program so established and conducted.
Students of the same family shall be placed in the same group unless
one or more of such students is enrolled in a special education class
or unless the parent or guardian of such students requests that the
students be placed in different groups.
Added by Laws 1975, c. 332, § 5, emerg. eff. June 12, 1975.
*+,-11'121#+,, .;($
§70-4516. School calendar.
The board of education of any school district operating pursuant
to the provisions of Section 4511 et seq. of this title shall
establish a school calendar whereby the teaching sessions and
vacation periods during the school year are on a rotating basis.
Each selected school shall be closed for all students and
employees on regular school holidays.
The schools and classes shall be conducted for a total of no less
than one hundred eighty (180) days or no less than one thousand
eighty (1,080) hours during the academic year as provided for in
Section 1-109 of this title.
The provisions of all other laws relating to compulsory full-time
education and the enrollment and attendance of pupils in the
kindergarten, elementary and secondary grades shall be applicable
with respect to the regular school days prescribed for the entire
academic year established for the school at which a program pursuant
to Section 4511 et seq. of this title is conducted, and to the
attendance area established for such school.
Added by Laws 1975, c. 332, § 6, emerg. eff. June 12, 1975. Amended
by Laws 2009, c. 103, § 4, emerg. eff. April 24, 2009; Laws 2019, c.
490, § 2, eff. Sept. 1, 2019.
§70-4517. Salary schedule.
The board of education of any school district operating the
continuous school program pursuant to this act shall prescribe a
separate salary schedule for the employees of the district who are
employed at any school maintaining the continuous school program
pursuant to this act, and who, because of such employment, will be
engaged in rendering services for the district for a greater number
of total days during the academic year than would be the case for a
regular academic year.
Each school district maintaining a continuous school program in
any school within the district pursuant to this act shall be entitled
to receive the same support, but not more support, from the State
Board of Education due to the average daily attendance at such school
than it would have received if the school had been operating under
the provisions of law relating to the regular school year as provided
in Section 18-109 of Title 70 of the Oklahoma Statutes.
State aid shall not be increased to any district operating on a
continuous school program; there shall be paid no amount greater than
said district would have received if it were operating on a regular
school year.
Added by Laws 1975, c. 332, § 7, emerg. eff. June 12, 1975.
§70-4518. Program evaluation.
The state superintendent of public instruction may require the
submission of such reports and information as designated by the
*+,-11'121#+,, .;((
Department of Education to properly evaluate all programs established
pursuant to this act.
Added by Laws 1975, c. 332, § 8, emerg. eff. June 12, 1975.
§70-4601. Repealed by Laws 1996, c. 276, § 16, emerg. eff. May 30,
1996.
§70-4602. Repealed by Laws 1996, c. 276, § 16, emerg. eff. May 30,
1996.
§70-4603. Repealed by Laws 1992, c. 223, § 9, eff. July 1, 1992.
§70-4604. Repealed by Laws 1996, c. 5, § 7, eff. April 1, 1996.
§70-4604.1. Renumbered as § 6.1 of Title 51 by Laws 1992, c. 223, §
8, eff. July 1, 1992.
§70-4605. Repealed by Laws 1996, c. 276, § 16, emerg. eff. May 30,
1996.
§70-4607. Repealed by Laws 1996, c. 5, § 7, eff. April 1, 1996.
§70-4608. Repealed by Laws 1996, c. 5, § 7, eff. April 1, 1996.
§70-4651. Repealed by Laws 1998, c. 325, § 14, eff. July 1, 1999.
§70-4652. Repealed by Laws 1998, c. 325, § 14, eff. July 1, 1999.
§70-4653. Repealed by Laws 1998, c. 325, § 14, eff. July 1, 1999.
§70-4654. Repealed by Laws 1998, c. 325, § 14, eff. July 1, 1999.
§70-4661. Higher education in Tulsa - Legislative findings.
The Legislature finds that a structured, coherent system of
higher education in the Tulsa metropolitan area offering a whole
range of higher education courses for lower and upper division
undergraduate students, traditional and nontraditional students, and
graduate students would be of great benefit. The Legislature also
finds that the existing resources can be reconfigured and maximized
to offer the citizens of the Tulsa metropolitan area high quality
higher education opportunities at a minimum cost to the State of
Oklahoma. The Legislature intends to afford the citizens of the
Tulsa metropolitan area a coordinated, vertically integrated system
of higher education from freshman through graduate levels.
Added by Laws 1998, c. 325, § 1, eff. July 1, 1998.
§70-4662. Oklahoma State University/Tulsa - Programs and degrees.
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On January 1, 1999, there shall be established as a successor to
Rogers University in Tulsa a branch institution of Oklahoma State
University which shall be known as Oklahoma State University/Tulsa
and shall offer upper division undergraduate courses and
baccalaureate degree programs. No later than July 1, 2001, the Board
of Regents for the Oklahoma Agricultural and Mechanical Colleges, in
cooperation with the Oklahoma State Regents for Higher Education,
shall have developed and implemented programs leading to
baccalaureate degrees that can be earned at Oklahoma State
University/Tulsa. Beginning with the 2001 - 2002 academic year,
degrees earned at Oklahoma State University/Tulsa shall be designated
as awarded by the Oklahoma State Regents for Higher Education acting
through Oklahoma State University; provided that dual degree programs
may be offered at Oklahoma State University/Tulsa and dual degrees
may be awarded through Oklahoma State University and other
institutions.
Added by Laws 1998, c. 325, § 2, eff. July 1, 1998.
§70-4663. Oklahoma State University/Tulsa - Board of Trustees.
A. On January 1, 1999, there shall be created the Board of
Trustees for Oklahoma State University/Tulsa which shall consist of
seven members who reside in Tulsa County or contiguous counties and
two members of the Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges (A&M Board) who shall serve as voting, ex officio
members, one of whom shall reside in the First Congressional
District. The second member from the A&M Board shall be appointed by
the A&M Board. For purposes of serving on the Board of Trustees, the
members of the A&M Board who are appointed to the Board of Trustees
shall not be subject to the dual office holding restrictions in
Section 6 of Title 51 of the Oklahoma Statutes. The Governor shall
appoint the other members of the Board of Trustees with the advice
and consent of the Senate. The members shall be appointed to
numbered positions with staggered terms to expire as provided in this
section. Successors to the initial board members shall serve seven-
year terms that shall expire on June 30 of the seventh year following
appointment. Vacancies on the Board shall be filled for the
unexpired term by the Governor with the advice and consent of the
Senate. Four of the nine members on the initial Board of Trustees
shall be appointed by the Governor with the advice and consent of the
Senate from the members of the Board of Regents of Rogers University
who are residents of Tulsa and are serving on the effective date of
this act. The four members appointed from the Board of Regents of
Rogers University shall be appointed to the positions numbered one
through four. The remaining three members appointed by the Governor
shall be appointed to positions five through seven. The member of
the A&M Board who resides in the First Congressional District shall
hold position number eight. The second member of the A&M Board shall
*+,-11'121#+,, .;()
hold position number nine. The numbered positions and terms shall be
as follows:
1. Position No. 1: The term of office of one member shall
expire on the 30th day of June, 2000, and each seven (7) years
thereafter;
2. Position No. 2: The term of office of one member shall
expire on the 30th day of June, 2001, and each seven (7) years
thereafter;
3. Position No. 3: The term of office of one member shall
expire on the 30th day of June, 2002, and each seven (7) years
thereafter;
4. Position No. 4: The term of office of one member shall
expire on the 30th day of June, 2003, and each seven (7) years
thereafter;
5. Position No. 5: The term of office of one member shall
expire on the 30th day of June, 2004, and each seven (7) years
thereafter;
6. Position No. 6: The term of office of one member shall
expire on the 30th day of June, 2005, and each seven (7) years
thereafter;
7. Position No. 7: The term of office of one member shall
expire on the 30th day of June, 2006, and each seven (7) years
thereafter;
8. Position No. 8: The term of office shall coincide with the
member's term on the A&M Board; and
9. Position No. 9: The term of office shall coincide with the
member's term on the A&M Board.
B. The Board of Trustees shall be a body corporate and shall
adopt and use an official seal. The Board shall elect a chair, vice-
chair, and secretary annually, each of whom shall serve for a term of
one fiscal year and until a successor is elected and qualified, and
who shall perform such duties as the Board directs. The Board shall
adopt rules which it deems necessary for the operation of the Board
and the discharge of its duties and shall cause the minutes of all
meetings to be kept. The Board shall comply with the Oklahoma Open
Meeting Act and the Oklahoma Open Records Act.
C. The Board of Trustees for Oklahoma State University/Tulsa may
be authorized by the A&M Board to supervise and manage the campus of
Oklahoma State University/Tulsa and perform other functions as
necessary. The Board of Trustees shall promulgate rules and enact
policies to govern the processes and procedures of the Board. The
policies of the Board of Regents of Rogers University, including but
not limited to policies on personnel and student participation, that
are in effect on the date that the Board of Regents of Rogers
University is dissolved shall be deemed adopted by the Board of
Trustees unless specifically amended or repealed by the A&M Board.
The A&M Board and the Board of Trustees shall appoint a joint
*+,-11'121#+,, .;(!
committee of at least two members from each board and at least two
members of the staff of each institution to develop and propose
mutually agreed upon rules and policies to formalize the review and
oversight procedures and the relationships between the A&M Board, the
Board of Trustees, Oklahoma State University in Stillwater, and
Oklahoma State University/Tulsa. It is the intent of the Legislature
that in the interests of immediate responsiveness to the needs of
students, employees, and the business community that the decision or
approval process be expedited.
D. Subject to the oversight of the Board of Regents for the
Oklahoma Agricultural and Mechanical Colleges, the Board of Trustees
of Oklahoma State University/Tulsa shall set the compensation of the
president of Oklahoma State University/Tulsa. On or after January 1,
1999, the A&M Board may assign and delineate roles and
responsibilities for the Board of Trustees for Oklahoma State
University/Tulsa. Such responsibilities may include, but are not
limited to, student services, facility operations, student financial
services, budget preparations, endowed chairs at Oklahoma State
University/Tulsa, and administrative operations as specified by the
A&M Board.
E. The Board of Trustees shall establish the usual and customary
accounts established by higher education institutions within the
Office of Management and Enterprise Services necessary to carry out
its duties.
F. Until July 1, 2001, during the transition and development of
Oklahoma State University/Tulsa, acting on behalf of the Board of
Trustees for Oklahoma State University/Tulsa, Oklahoma State
University is authorized and directed to negotiate contracts with
institutions for courses and degree programs of study approved by the
Oklahoma State Regents for Higher Education, as necessary to meet the
higher education needs for the Tulsa metropolitan area. The number
of degree programs offered by Northeastern State University and
Langston University shall not be diminished or duplicated.
G. The president of Oklahoma State University/Tulsa shall be
selected by the Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges after completion of a search process as set forth
in this subsection. The A&M Board shall appoint at least two of its
members, one of whom must reside in the First Congressional District,
and the Board of Trustees shall appoint at least two of its members
to a search committee. The president of Oklahoma State University
may appoint other representatives of faculty, staff, and students to
the search committee. The president of Oklahoma State University
shall recommend a candidate in consultation with the search committee
to the Board of Trustees and the A&M Board.
Added by Laws 1998, c. 325, § 3, eff. July 1, 1998. Amended by Laws
2012, c. 304, § 641.
*+,-11'121#+,, .;(
§70-4664. Oklahoma State University/Tulsa - Funding.
The Oklahoma State Regents for Higher Education shall allocate
funds from its consolidated appropriation to Oklahoma State
University/Tulsa in the same manner as allocations are made to other
higher education institutions. The funding for Oklahoma State
University/Tulsa shall be at essentially the same rates based on
program costs as the rates for the Oklahoma State University campus
in Stillwater.
Added by Laws 1998, c. 325, § 4, eff. July 1, 1998.
§70-4665. Nonduplication of courses.
Courses offered at the undergraduate level through Oklahoma State
University/Tulsa shall not duplicate those offered by Tulsa Community
College.
Added by Laws 1998, c. 325, § 5, eff. July 1, 1998.
§70-4666. Langston University - Statewide plan and mission.
In strengthening the State of Oklahoma's commitment to Langston's
historical significance and future potential, the Oklahoma State
Regents for Higher Education are directed and authorized to design a
statewide plan for Langston University and report to the Legislature
by January 1, 1999, for approval by the Legislature.
It is the intent of the Legislature that the functions and
programs of Oklahoma State University/Tulsa shall be conducted in
such manner as to cooperate with the Oklahoma State Regents for
Higher Education in fulfilling the statewide mission for Langston
University.
Added by Laws 1998, c. 325, § 6, eff. July 1, 1998.
§70-4667. Langston University - Tulsa branch.
On July 1, 2001, there shall be established a branch of Langston
University within the Tulsa metropolitan area consistent with the
statewide plan for Langston University as provided in Section 6 of
this act. Langston University shall continue to meet the missions
and programs of the Langston Urban Center in Tulsa. The Oklahoma
State Regents for Higher Education are authorized to make upper
division undergraduate and graduate course offerings at the Langston
University Branch in Tulsa available as the State Regents shall
determine are appropriate. Undergraduate degree programs offered
through Oklahoma State University/Tulsa shall not duplicate those
undergraduate degree programs offered by Langston University Branch
in Tulsa, as determined by the Oklahoma State Regents for Higher
Education and shall be consistent with and in furthering
implementation of the statewide plan for Langston University as
developed by the State Regents pursuant to Section 6 of this act and
filed with the Office for Civil Rights, United States Department of
Education.
*+,-11'121#+,, .;("
The Oklahoma State Regents for Higher Education shall fund
Langston University at a level not less than its fiscal year 1998
level, and its Education and General Budget shall be held harmless
from reductions in succeeding years. The Oklahoma State Regents for
Higher Education shall allocate funds to Langston University
sufficient to fund full time faculty in Tulsa at a level equal to
seventy percent (70%) of its faculty level that existed in Tulsa in
fiscal year 1998 and adequate building and classroom space which were
funded in fiscal year 1998 in order to carry out all functions in
Tulsa. The Board of Regents for the Oklahoma Agricultural and
Mechanical Colleges shall allocate space for Langston University in
Tulsa.
It is the intent of the Legislature that Langston University be
funded at a level consistent with the average allocation and
allotment of the institutions in the regional funding tier as
established by the Oklahoma State Regents for Higher Education.
Beginning with the 2001 - 2002 academic year, degrees earned at
Langston University Branch in Tulsa shall be designated as awarded by
the Oklahoma State Regents for Higher Education acting through
Langston University.
Added by Laws 1998, c. 325, § 7, eff. July 1, 1998.
§70-4668. Northeastern State University - Tulsa branch.
On July 1, 2001, there may be established a branch of
Northeastern State University within the Tulsa metropolitan area.
The Oklahoma State Regents for Higher Education are authorized to
make upper division undergraduate and graduate course offerings at
the Northeastern State University branch available as the State
Regents shall determine are appropriate. Undergraduate degree
programs offered through Oklahoma State University/Tulsa shall not
duplicate those undergraduate degree programs offered by Northeastern
State University in Tulsa, as determined by the Oklahoma State
Regents for Higher Education.
The Oklahoma State Regents for Higher Education shall fund
Northeastern State University at a level not less than its fiscal
year 1998 level, and its Education and General Budget shall be held
harmless from reductions in succeeding years.
It is the intent of the Legislature that Northeastern State
University be funded at a level consistent with the average
allocation and allotment of the institutions in the regional funding
tier as established by the Oklahoma State Regents for Higher
Education.
Beginning with the 2001 - 2002 academic year, degrees earned at
Northeastern State University Branch in Tulsa shall be designated as
awarded by the Oklahoma State Regents for Higher Education acting
through Northeastern State University.
Added by Laws 1998, c. 325, § 8, eff. July 1, 1998.
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§70-4669. Rogers State University - Creation and funding.
A. On January 1, 1999, there shall be created in Claremore,
Oklahoma, and its other regionally accredited sites, as a successor
to the Claremore campus of Rogers University, an institution of
higher education to be known as Rogers State University. Rogers
State University shall programmatically and budgetarily function as a
regional institution within The Oklahoma State System of Higher
Education, yet with a community college component. It shall be
authorized to offer no less than the average number of programs and
courses of study at other regional institutions of similar size and
enrollment.
B. Rogers State University shall operate as an institution
within The Oklahoma State System of Higher Education and shall be
governed by the Board of Regents of the University of Oklahoma. The
president of Rogers State University shall report directly to the
Board of Regents of the University of Oklahoma.
C. It is the intent of the Legislature that Rogers State
University be funded initially at a level consistent with the average
allocation and allotment of the institutions in the regional funding
tier as established by the Oklahoma State Regents for Higher
Education.
D. The Legislature recognizes the decision of the State Regents,
pursuant to the powers vested in the State Regents by Section 2 of
Article XIII-A of the Oklahoma Constitution, to change the function
of Rogers State University, formerly known as the Claremore campus of
Rogers University, to include a four-year baccalaureate and graduate
degree granting function, as quickly as that can be done, giving due
consideration to the protection of the institution's regional
accreditation status. The State Regents will provide an annual
report on the transition in Rogers State University function to the
Governor, the Speaker of the House of Representatives, and the
President Pro Tempore of the Senate, beginning on January 1, 2000,
and continuing until Rogers State University is regionally accredited
as a four-year baccalaureate and graduate degree granting
institution.
E. Rogers State University shall maintain a community college
component within the university and shall maintain admission
standards, academic policies and practices for the community college
component consistent with those approved for associate degree
granting institutions by the Oklahoma State Regents for Higher
Education.
F. Rogers State University is hereby authorized to contract with
other regionally accredited institutions of higher education,
specifically including Northeastern State University, for the
delivery of courses and programs at any location where Rogers State
University is authorized to deliver courses or programs. This
*+,-11'121#+,, .;
authorization shall still remain in force after Rogers State
University gains regional accreditation for upper division programs.
Added by Laws 1998, c. 325, § 9, eff. July 1, 1998. Amended by Laws
1999, c. 274, § 5, eff. June 1, 1999.
§70-4669.1. Rogers State University - Transfer of governance from
Board of Regents of Oklahoma Colleges to Board of Regents of the
University of Oklahoma, Cameron University and Rogers State
University - Assumption of obligations for tenure or retirement of
employees.
A. The governance, supervision, management and control of Rogers
State University is hereby transferred from the Board of Regents of
Oklahoma Colleges to the Board of Regents of the University of
Oklahoma, Cameron University and Rogers State University. All
property, assets, and obligations of Rogers State University and any
and all obligations of the Board of Regents of Oklahoma Colleges for
and on behalf of Rogers State University are hereby transferred to
the Board of Regents of the University of Oklahoma, Cameron
University and Rogers State University.
B. Obligations for tenure or retirement of employees of Rogers
State University, either through Rogers State University or the Board
of Regents of Oklahoma Colleges, shall be assumed by the Board of
Regents of the University of Oklahoma, Cameron University, and Rogers
State University. For the employees of Rogers State University who
were employed by Rogers State University on or after January 1, 1999,
and who were participants in the Supplemental Retirement Plan for the
Board of Regents of Oklahoma Colleges at the time of their employment
by Rogers State University, the Board of Regents of the University of
Oklahoma, Cameron University, and Rogers State University shall
assume or provide a reasonable substitute for the Supplemental
Retirement Plan for the Board of Regents of Oklahoma Colleges in
accordance with applicable rules and regulations of the Internal
Revenue Service or other governmental agencies. These employees
shall receive credit for compensation, vesting, and service years in
the calculation of benefits under the plan assumed or provided as
required in this section to the same extent as though they had not
left the employ of the regional university that was participating in
the Supplemental Retirement Plan for the Board of Regents of Oklahoma
Colleges.
Added by Laws 1999, c. 274, § 1, eff. June 1, 1999.
§70-4670. Dissolution of Board of Regents of Rogers University.
On January 1, 1999, the entity known as the Board of Regents of
Rogers University, created by Section 4651 of this title, shall be
dissolved. No later than December 31, 1998, the Board of Regents of
Rogers University shall determine how the property of Rogers
University shall be divided, subject to the limitations provided in
*+,-11'121#+,, .;
this section. The property and assets of Rogers University which
have accrued from the beneficial interests running to Rogers
University from the public trust created by the University Center at
Tulsa Authority and the beneficial interests running to Rogers
University from the foundation created for the benefit of Rogers
University/Tulsa, shall be transferred to Oklahoma State
University/Tulsa, contingent upon approval of the Authority and the
foundation. The beneficial interests running to Rogers University
from the foundation created for the benefit of Rogers
University/Claremore shall be transferred to Rogers State University,
contingent upon approval of the foundation. The assets and
obligations of Rogers University shall be divided between Oklahoma
State University/Tulsa and Rogers State University with the assets
that belonged to Rogers State College prior to June 30, 1996, being
transferred to Rogers State University and the assets that belonged
to University Center at Tulsa being transferred to Oklahoma State
University/Tulsa. The Board of Regents of Rogers University shall
determine how the assets acquired since May 30, 1996, shall be
divided between the two institutions. In cases of disagreement
concerning asset distribution, the Oklahoma State Regents for Higher
Education shall make the final determination.
Added by Laws 1998, c. 325, § 10, eff. July 1, 1998. Amended by Laws
2002, c. 437, § 3, eff. July 1, 2002.
§70-4671. Oklahoma State University - Long-range planning and
development.
No later than November 1, 1998, the president of Oklahoma State
University shall submit to the Legislature a long-range plan for the
development of the Oklahoma State University/Tulsa program.
Added by Laws 1998, c. 325, § 11, eff. July 1, 1998.
§70-4672. Rogers University/Tulsa - Coordination of student
services.
The Oklahoma State Regents for Higher Education shall immediately
establish policies and procedures requiring institutions that offer
courses through Rogers University/Tulsa to cooperate in sharing
information to implement a seamless system of student services at
Rogers University/Tulsa consistent with federal law and accreditation
standards. There shall be a single site on the Rogers University
campus in Tulsa where students shall have access to student services.
Student services shall include but not be limited to registration,
student records, faculty advisement, scholarship information, and
financial aid. The system of services for students shall provide an
efficient interface among the different institutions offering courses
and programs.
Consistent with federal law and accreditation standards, the
Board of Regents of Rogers University shall have the power to access
*+,-11'121#+,, .;$
student records for students who take or have taken courses through a
contractual arrangement between Rogers University and any other
higher education institution. As part of any contract with a
providing institution, Rogers University and students at Rogers
University must be able to obtain immediate information related to
student records, scholarships, financial aid, and other student
services for Rogers University students.
Added by Laws 1998, c. 325, § 12, eff. July 1, 1998.
§70-4673. University of Oklahoma/Oklahoma State University Graduate
Center at Tulsa - Establishment and funding.
A. The Oklahoma State Regents for Higher Education shall
establish the University of Oklahoma/Oklahoma State University
Graduate Center at Tulsa (OU/OSU Graduate Center at Tulsa). The
Center shall be directly funded by the Oklahoma State Regents for
Higher Education and the Center shall be subject to its direction for
final approval of programs and courses of study. There shall be a
joint admissions committee composed of five faculty members appointed
by the University of Oklahoma and five faculty members appointed by
Oklahoma State University. The president of the University of
Oklahoma shall serve as chair and the president of Oklahoma State
University shall serve as vice-chair for the first year of operation
of the Center. After one year the positions of chair and vice-chair
shall rotate annually between presidents of the two institutions.
The chair shall appoint the provost with the approval of the vice-
chair.
B. The Oklahoma State Regents for Higher Education shall
appropriate funds to the University of Oklahoma for the operation of
the programs of the University of Oklahoma College of Medicine and
for the programs designated by the Oklahoma State Regents for Higher
Education to be offered in Tulsa by the College. These programs
shall be under the operational control of the University of Oklahoma.
C. The Oklahoma State Regents for Higher Education shall
appropriate funds to Oklahoma State University for the operation of
the Oklahoma State University College of Osteopathic Medicine and for
any programs designated by the Oklahoma State Regents for Higher
Education to be offered in Tulsa by the College. These programs
shall be under the operational control of Oklahoma State University.
D. A joint consortium for research shall be established as a
part of the OU/OSU Graduate Center at Tulsa.
E. Any curricula offered by the University of Oklahoma and
Oklahoma State University at the graduate or professional level may
be offered by the University of Oklahoma and Oklahoma State
University.
Added by Laws 1998, c. 325, § 13, eff. July 1, 1998. Amended by Laws
2001, c. 230, § 4, eff. July 1, 2001.
*+,-11'121#+,, .;(
§70-4674. Technology Intern Partner Program.
A. It is the intent of the Legislature that the Board of
Trustees for Oklahoma State University/Tulsa develop and implement a
Technology Intern Partner Program. The purpose of the Program shall
be to facilitate a positive relationship between the academic and
business sector while providing valuable, hands-on experiences for
students. In addition the Program will provide an additional method
for introducing students to career opportunities in technology-based
companies.
B. The benefits of the Technology Intern Partner Program are as
follows:
1. Enhances classroom learning for the student by integrating
academic curriculum and real-world work experience;
2. Assists students in career decision making through on-the-job
experience in a chosen field;
3. Improves after graduation job opportunities for students by
giving the student valuable work experience and contact with
potential employers;
4. Teaches students valuable job search skills such as career
assessments, resume writing, and interviewing techniques; and
5. Promotes the lifelong learning process of integrating work
and learning, and enhances workplace skills in occupational,
analytical, and teamwork performance.
C. It is further the intent of the Legislature that the
Technology Intern Partner Program shall provide internships for
eligible students with technology-based companies. One-half of the
funding for the internships shall be provided by the University and
one-half by the participating companies. The Board of Trustees
should establish criteria and procedures for implementation and
operation of the Program. The Board may decline to accept any such
funding it deems inappropriate, including funding amounts the Board
is unable to match.
Added by Laws 2002, c. 437, § 4, eff. July 1, 2002.
§70-4701. Center for Instructional Excellence - Feasibility study.
The Oklahoma State Regents for Higher Education are hereby
authorized to study the cost feasibility of developing a "Center for
Instructional Excellence". This Center should serve as the primary
coordinating agency for the development and dissemination of
instructional technology and should proceed immediately to collect
from current resources the best available media materials, computer
software, and other instructional technology available. This Center
should renew public higher education's commitment to its principal
mission of instruction by identifying master professors from
throughout the system and underwriting, through release time and
direct funding, the dissemination of their instructional work.
*+,-11'121#+,, .;
It is the intent of this legislation that all institutions within
The Oklahoma State System of Higher Education shall cooperate in the
development of the "Center for Instructional Excellence" by making
available faculty and instructional resources. The Center shall then
serve as a clearinghouse in disseminating the best of these resources
to the remainder of the system. It is the intent of this legislation
that the Oklahoma State Regents for Higher Education shall provide
direct funding to the Center from both private and public resources
to carry out the task of developing or acquiring all aspects of the
rapidly changing instructional technology so that these methods may
be evaluated and made available to institutions within The State
System of Higher Education.
The Center should become the most cost effective method for
instructional development by providing coordination for similar
existing efforts on individual campuses and eventually bringing these
operations under a central mechanism providing for a better economy
of scale in making the necessary resources available to all higher
education faculty members in order to provide for excellence in
instruction at all levels.
The Center is made necessary because the traditional
instructional process competes, without sufficient resources or
modern technology, with much more powerful informational media and
computer software being made available through the private sector in
noneducational environments and because students, accustomed to more
sophisticated methods of information acquisition, demand and deserve
the most effective instructional process within their educational
experiences.
The "Center for Instructional Excellence" should devise, in
cooperation with the budget staff of the Oklahoma State Regents for
Higher Education, appropriate formats for inquiring of institutions
regarding resources devoted to improving the instructional process
with a particular emphasis on depicting budgets, not just in
programmatical terms, but in terms of the proportion of available
resources devoted in each academic program to computer interaction,
media, tutelage, team teaching, and other instructional innovations.
Added by Laws 1987, c. 227, § 4, operative July 1, 1987.
§70-4702. Precollegiate compensatory courses - Report - Funding -
Commendation of Regents.
A. The Legislature requests a report from the State Regents for
Higher Education by Febuary 1, 1988, on the precollegiate
compensatory courses and the expenditures related to such courses,
authorized pursuant to this section.
B. When monies are made available, a fund shall be established
in the office of the State Regents for Higher Education for the
purpose of funding and offering precollegiate courses, over and above
those offered for credit at the current institution which the student
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is attending. Such courses shall be offered to compensate for
courses not offered previously to high school students. A fund shall
be established at the State Department of Education for the purpose
of funding and offering precollegiate courses, to be coordinated with
the State Regents for Higher Education, according to priorities
established by the State Regents for Higher Education as
recommendations or requirements.
C. The Legislature commends the State Regents for Higher
Education on the precollegiate course component of their Policy
Statement on Admission to, Retention in, and Transfer among Colleges
and Universities of The State System.
Added by Laws 1987, c. 227, § 5, operative July 1, 1987.
§70-4703. General fee and tuition contributions - Appropriations -
Investment in quality education - Intent of Legislature.
A. It is the intent of the Legislature that within a period of
four (4) years Oklahoma shall reach the middle quintile among the
states for like institutions in general fee and tuition contribution
and in state appropriations invested in improving higher education.
B. It is the intent of the Oklahoma Legislature to build our
existing higher education system into a system of greater quality. In
order to do so, the Oklahoma Legislature intends to increase its
investment in the quality of The Oklahoma State System of Higher
Education. The Legislature hereby authorizes the State Regents for
Higher Education to fund institutions with careful consideration of
their role within The Oklahoma State System of Higher Education; such
funding should be based on each institution's potential for
excellence and in line with each institution's progress toward
achieving its goals.
Added by Laws 1987, c. 227, § 6, operative July 1, 1987.
§70-4704. Consolidation of financial assistance program - Increasing
assistance - Priority system for eligibility for assistance -
National Merit scholars.
A. The State Regents for Higher Education are hereby authorized
to consolidate the administration of all scholarship, forgiveable
loan and teacher institute monies within one student financial
assistance program.
B. The Oklahoma Legislature believes that its citizens should
receive the benefits of higher education and it further believes that
the state benefits by having an educated populace. It is the intent
of the Legislature to increase funding to grant, scholarship, teacher
institute and forgivable loan programs, as funds are made available.
The State Regents for Higher Education are hereby authorized to
establish a priority system for eligibility for assistance based on
any one or more of the following criteria:
1. need;
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2. minority or underprivileged status;
3. potential for academic excellence;
4. potential for excellence in targeted career areas, such as
teaching; or
5. potential as a research or teaching assistant at the post-
graduate level.
C. As funds are made available, it is the intent of the
Legislature to provide full scholarships to allow National Merit
scholars to attend any public institution of higher education in this
state. It is the intent of the Legislature to provide seventy-five
percent (75%) scholarships to allow National Merit Semi-finalists to
attend any public institution of higher education in this state.
Added by Laws 1987, c. 227, § 7, operative July 1, 1987.
§70-4705. Educational trust fund - Study.
The State Regents for Higher Education are hereby authorized to
study developing a program to create at least one trust fund whereby
Oklahoma residents will be able to pre-pay all or part of enrollment
fees or tuition to any Oklahoma institution of higher education
recognized by the Oklahoma State Regents for Higher Education. This
program shall require that monies paid in shall be held in trust and
used to pay all or part of the enrollment fees for the beneficiaries
designated by the contributor to the trust. The program shall allow
payments to be made either in a lump sum or in installments, with the
amounts of money due being determined based on the age of the
beneficiary. The program shall require the Oklahoma State Regents
for Higher Education to file a report with the Speaker of the House
of Representatives and the President Pro Tempore of the Senate prior
to January 31 of each year, detailing the activity of the trust in
the previous year. The Oklahoma State Regents for Higher Education
are authorized to model the planon the Michigan education trust act.
The Regents shall, prior to January 31, 1988, file a report with the
Speaker of the House of Representatives and the President Pro Tempore
of the Senate, outlining the program.
Added by Laws 1987, c. 227, § 8, operative July 1, 1987.
§70-4706. Defining roles, goals and missions of like institutions -
Admission standard - Commendation of two-year colleges for providing
universal access and State Regents for updating and enforcing
viability standard.
A. Recognizing the increasing demand for college and university
education, the rapid changes facing our society, and the worldwide
competition facing our citizens, the Legislature acknowledges the
need to reexamine the state's higher education system to ensure that
the system created half a century ago will meet the changing needs.
It is the intent of the Legislature that the State Regents for Higher
Education fully exercise their constitutional authority to reexamine
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and more clearly define the roles, goals and missions of like
institutions within The Oklahoma State System of Higher Education.
It is further the intent of the Legislature that the State Regents
examine the current system of governance of Oklahoma institutions of
higher education and submit a report and recommendations to the
Oklahoma Legislature by January 1, 1993. Such recommendations shall
also examine qualifications for board service and shall be consistent
with the functions assigned each institution.
B. The Legislature encourages the State Regents to set
admissions standards reflecting the differences between the various
institutions. The implementation of such standards shall not have a
negative impact on current funding.
C. The Legislature commends the two-year colleges for providing
universal access. In the interest of economy and of value for each
dollar invested in the system, unnecessary duplication should be
avoided.
D. The Legislature commends the State Regents for Higher
Education for updating and enforcing the viability standards for
institutions of higher education.
Added by Laws 1987, c. 227, § 9, operative July 1, 1987; Laws 1992,
c. 308, § 14, eff. June 1, 1992.
§70-4707. Comprehensive examination for graduates.
The Oklahoma Legislature believes that any student who graduates
from any institution of higher education in The Oklahoma State System
of Higher Education should have a demonstrable knowledge of basic
courses: English composition and comprehension and mathematics. It
is therefore the intent of the Legislature that, prior to enrollment
in upper division classes, each student shall demonstrate
satisfactory achievement by passing a comprehensive examination. The
Legislature commends the Oklahoma State Regents for Higher Education
for initiating the study of how best to accomplish this purpose.
Added by Laws 1987, c. 227, § 10, operative July 1, 1987.
§70-4708. Cooperation with private sector in establishing centers of
excellence.
Recognizing that true excellence can be achieved only through
cooperation within institutions of higher education, among the
institutions, and between the institutions and the private sector, it
is the intent of the Legislature that institutions of higher
education seek the establishment of centers of excellence on their
campuses, as authorized by the Economic Development Act of 1987.
Added by Laws 1987, c. 227, § 11, operative July 1, 1987.
§70-4709. Minority faculty representation - Faculty award and
fellowship opportunities - Faculty salaries.
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A. It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education continue to increase the proportional
representation of ethnic minorities among the academic faculties at
the individual institutions of The Oklahoma State System of Higher
Education. Funds shall continue to be made available to the
institutions for the first year payment of salary following
employment of a newly hired tenured or tenure-track minority faculty
member. It is the intent of the Legislature that these funds be
provided only for those persons who are hired with the intention of
permanently filling a faculty position which either has become open
or has been created at an institution. Funding for personal benefits
shall be provided by the employing institution. It is the further
intent of the Legislature that special effort continue to be given to
recruitment of minorities in those academic fields in which they are
particularly underrepresented. The State Regents shall encourage the
institutions to continue aggressive recruitment of minority academic
faculty.
B. It is the intent of the Legislature to initiate award and
fellowship opportunities to commend faculty, serving at institutions
of higher education within The Oklahoma State System of Higher
Education, who have the potential for nationally or internationally
recognized research or scholarship.
C. It is the intent of the Legislature to raise faculty salaries
to a nationally competitive level. Institutions which are currently
farthest from the national average shall be the first to participate
in such increases in salary.
Added by Laws 1987, c. 227, § 12, operative July 1, 1987.
§70-4710. Technology transfer systems.
The Oklahoma Legislature believes that one key to excellence in
higher education is having an exceptional technology transfer system
in place. This encourages an influx of excellent researchers who see
the potential for marketing the products of their research. This
benefits the state in several ways:
1. It allows the students the opportunity to work and study with
the most brilliant minds in the research field;
2. It allows industries in this state a chance to utilize the
discoveries made; and
3. It encourages the growth of new industries.
It is therefore the intent of the Legislature that the State
Regents for Higher Education encourage individual institutions within
The Oklahoma State System of Higher Education to devise and implement
a plan to improve the technology transfer system within this state.
It is further the intention of the Legislature that individual
researchers be given a significant percentage of all monies generated
by the successful marketing of their inventions.
Added by Laws 1987, c. 227, § 13, operative July 1, 1987.
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§70-4711. Business assistance liaison officer.
It is the intent of the Legislature that the State Regents for
Higher Education designate an individual, within their office, who
shall serve as a business assistance liaison to the Department of
Commerce and individual institutions of higher education within The
Oklahoma State System of Higher Education. This individual shall
provide up-to-date information on higher education opportunities and
developments to the Department of Commerce, serve as a referral
resource for current information on technology transfer projects and
research developments which may impact on economic development, and
serve in any other related capacities which the State Regents for
Higher Education deem necessary.
Added by Laws 1987, c. 227, § 14, operative July 1, 1987.
§70-4712. Funds for Excellence Program.
There is hereby created, in the Office of the State Regents for
Higher Education, a Funds for Excellence Program. The purpose of
this program shall be to encourage the various institutions of Higher
Education within The State System of Higher Education to compete for
grants to be awarded to institutions with innovative programs aimed
at improving the overall quality of higher education.
Added by Laws 1987, c. 227, § 16, operative July 1, 1987.
§70-4713. Funds for Excellence Fund.
There is hereby created in the State Treasury a revolving fund
for the Office of the State Regents for Higher Education to be
designated the "Funds for Excellence Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations and shall
consist of all monies received by the Office of the State Regents for
Higher Education from all funds appropriated for that purpose by the
Legislature and allocated thereto by the State Regents and all
private contributions, grants, and donations of monies made for the
purposes of Sections 4712 through 4715 of this title. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Office of the State Regents for
Higher Education for the purposes specified in Sections 4712 through
4715 of this title and for administering the provisions of Sections
4712 through 4715 of this title; however, such monies expended for
such administrative costs shall not exceed five percent (5%) of the
total amount of monies in said fund. Expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
Added by Laws 1987, c. 227, § 17, operative July 1, 1987. Amended by
Laws 2012, c. 304, § 642.
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§70-4714. Grant competitions - Rules and procedures - Funding.
A. If funds are available in the Funds for Excellence Fund,
created pursuant to Section 4713 of this title, the State Regents for
Higher Education shall develop and conduct a series of grant
competitions for the various institutions of higher education within
The Oklahoma State System of Higher Education.
B. The State Regents for Higher Education shall devise the rules
and procedures to be used in the grant competition within the
following broad outlines set forth by the Legislature:
1. The State Regents for Higher Education shall set forth the
theme of the competition. The general theme shall always relate to
improving some aspect of higher education, however the specific theme
could include, but not be limited to, any one or combination of the
following:
a. improving general or core curricular studies for
undergraduates. Projects, for example, could involve a
revision by the College Arts and Sciences of course
requirements with special emphasis on interdisciplinary
approaches, or those integrating geography with core
requirements,
b. strengthening core arts and sciences curricular
requirements for preprofessional students,
c. effectively applying assessment in student admission,
placement, retention, advancement and graduation,
d. strengthening the economic development outreach
activities of higher education institutions,
e. strengthening academic alliances between high schools
and higher education institutions, and
f. improving academic cooperation between two-year
colleges and technology center schools;
2. Each institution of higher education interested in
participating in the competition shall conduct an internal
competition, with internal peer review, to select three proposals.
These three proposals shall be submitted to the State Regents for
Higher Education and shall compete against the top three proposals
from all other participating institutions of higher education. All
projects offered must be collaborative efforts by departments or
colleges. Projects offered by individuals shall not be considered;
and
3. The State Regents for Higher Education shall conduct an
external peer review of the top three proposals submitted by each
institution and may select one or more for funding.
C. Funding shall be from the Funds for Excellence Fund, created
pursuant to Section 4713 of this title.
Added by Laws 1987, c. 227, § 18, operative July 1, 1987. Amended by
Laws 2001, c. 33, § 160, eff. July 1, 2001.
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§70-4715. Disbursement from Funds for Excellence Fund.
Disbursements may be made from the Funds for Excellence Fund
beginning July 1, 1989, if monies are available in said fund.
Disbursements shall be made to the appropriate institutions of higher
education for the purposes specified in the winning grant proposals.
Added by Laws 1987, c. 227, § 19, operative July 1, 1987.
§70-4801. Short title.
This act shall be known and may be cited as the “Oklahoma Center
for Rural Development Act”.
Added by Laws 2002, c. 167, § 1, eff. July 1, 2002.
§70-4802. Legislative intent.
The Legislature recognizes that rural Oklahoma must have expert
assistance if the communities, organizations, and citizens of this
state are to effectively compete for resources to grow, retain, and
attract value-added jobs in the twenty-first century. The citizens
of rural Oklahoma seek a coordinated and collaborative system that is
readily accessible and responsive to the needs of cities, counties,
schools, trust authorities, and other development organizations to
plan, develop, and implement programs and related services that allow
for growth in the economy. It is the intent of the Legislature to
create the Oklahoma Center for Rural Development which shall directly
assist rural constituencies to meet the challenges necessary to
improve the standard of living in rural Oklahoma. The Center shall
also ensure compliance with the mandate issued by the Oklahoma State
Regents for Higher Education that institutions contribute to
workforce development, business-needs research, and technology
transfer in their region.
Added by Laws 2002, c. 167, § 2, eff. July 1, 2002.
§70-4803. Oklahoma Center for Rural Development – Strategic
partnership with Northeastern State University – Spending and
operational authority.
A. There is hereby created the Oklahoma Center for Rural
Development. The Center shall be located at Northeastern State
University. The Center shall be a strategic partnership between
Northeastern State University and the State of Oklahoma.
B. Northeastern State University shall have the authority to
expend funds to administer and operate the programs of the Oklahoma
Center for Rural Development.
Added by Laws 2002, c. 167, § 3, eff. July 1, 2002.
§70-4804. Mission of Center.
The mission of the Oklahoma Center for Rural Development at
Northeastern State University shall be to improve the effectiveness
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of citizens, enterprises, and communities in rural Oklahoma to better
meet the quality of life challenges in the new century.
Added by Laws 2002, c. 167, § 4, eff. July 1, 2002.
§70-4805. Board of Advisors – Membership – Meetings – Duties and
responsibilities.
A. The Oklahoma Center for Rural Development shall be governed
by a Board of Advisors. The Board of Advisors shall consist of nine
(9) members appointed by the President of Northeastern State
University. Members of the Board of Advisors shall represent the
State of Oklahoma, Northeastern State University, the Cherokee
Nation, and appropriate rural communities.
B. The Board of Advisors shall meet at least once each calendar
year and at such other times as is necessary.
C. The duties and responsibilities of the Board of Advisors
shall include but not be limited to:
1. Providing a strategic direction to ensure the mission of the
Oklahoma Center for Rural Development is implemented; and
2. Serving as a liaison between the Center and Northeastern
State University, and tribal and rural communities.
Added by Laws 2002, c. 167, § 5, eff. July 1, 2002.
§70-4806. Coordinator for Center.
A. The Oklahoma Center for Rural Development may employ as staff
a Coordinator for the Center. The Coordinator shall be an employee
of Northeastern State University.
B. The Coordinator for the Center shall:
1. Coordinate the establishment of the Center office;
2. Develop an agenda in consultation with the Board of Advisors
and the leadership of the Center institutes;
3. Coordinate activities as required in order to meet the agenda
of the Center;
4. Secure resources for the Center; and
5. Pursue formal relationships with other rural advisory and
advocacy groups as is appropriate.
Added by Laws 2002, c. 167, § 6, eff. July 1, 2002.
§70-4807. Powers and duties of Center.
The Oklahoma Center for Rural Development shall have the power
and duty to:
1. Mobilize and enhance the appropriate resources of the
colleges of Northeastern State University and focus the resources
toward a single entity that shall be readily accessible to assist
communities, organizations, and people to effectively address health,
education, economic development, applied technology, community
infrastructure, and entrepreneurial issues that challenge the
improvement of the standard of living in rural Oklahoma;
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2. Afford grant writing capabilities and other direct assistance
to political subdivisions of Oklahoma, tribal governments, and
public, private, educational, and faith-based organizations in the
procurement of resources, to plan, develop and implement programs and
services that improve the general well-being of persons residing in
rural areas;
3. Develop a mechanism for transferring technology from
Northeastern State University and other universities to support
economic and community development throughout rural Oklahoma;
4. Develop a coordinated mechanism for collection and analysis
of needs for workforce development that is consistent with the plans
of local communities to develop economic and community bases for the
future;
5. Develop an alliance among development organizations for the
purpose of addressing the needs of community leaders from a common
perspective, which shall be designed to serve as an engine of growth
by utilizing targeted resources and capabilities existing within the
northeastern portion of Oklahoma;
6. Develop and support long-term partnerships with rural
communities, enterprises, families, citizens, institutions, and
local, regional and tribal governments with the goal of strengthening
commitment and collaboration to a community-based approach for
expanding economic, social, and cultural opportunities in rural
Oklahoma;
7. Evolve and implement a rural research and education agenda
that enhances the use of state-of-the-art information to support
policy decisions and program delivery to rural Oklahoma;
8. Create and support an enhanced rural policy analysis
consortium to integrate, coordinate, and evaluate relevant programs
and program delivery opportunities within a collaborative commitment
to locally determined, sustainable development;
9. Coordinate and support a shared education and professional
development program to address the needs of rural Oklahoma;
10. Create a shared system for resource acquisition, needs
assessment, and problem resolution designed to meet individual
community needs as well as common needs of other communities;
11. Develop and support methodologies for evaluating the social
and economic impact and economy of scales of alternative public
investments upon the quality of life in rural Oklahoma; and
12. Establish and implement an integrated program and
performance evaluation system that will enable the partners to
determine whether the Center mission is being fulfilled.
Added by Laws 2002, c. 167, § 7, eff. July 1, 2002.
§70-4808. Institutes to be established.
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The duties of the Oklahoma Center for Rural Development shall be
conducted by institutes organized to address specific needs. The
Center shall establish, at a minimum, the following institutes:
1. The Rural Health Institute;
2. The Rural Education Institute;
3. The Economic Development Institute;
4. The Applied Technology Institute;
5. The Community Development Institute; and
6. The Entrepreneurial Institute.
Added by Laws 2002, c. 167, § 8, eff. July 1, 2002.
§70-4809. Funding authority.
A. The Oklahoma Center for Rural Development is authorized to
receive funding for support of the Center from state, local, federal
and other governmental entities, tribal, and private sources.
B. Management of funding received by the Center shall be
pursuant to guidelines established by Northeastern State University
and shall adhere to appropriate state and federal regulations.
Added by Laws 2002, c. 167, § 9, eff. July 1, 2002.
§70-4810. Center for Rural Development Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Center for Rural Development to be designated the
“Center for Rural Development Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Oklahoma Center for Rural
Development from state appropriations or governmental, tribal, or
private sources. Notwithstanding other provisions of law, any
interest income or investment return on monies credited to the Center
for Rural Development Revolving Fund shall accrue to the fund for use
by the Oklahoma Center for Rural Development. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Center for Rural Development for the
purpose of fulfilling the mission of the Center. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law.
Added by Laws 2002, c. 167, § 10, eff. July 1, 2002.
§70-5001. Repealed by Laws 2014, c. 52, § 1 and by Laws 2014, c. 89,
§ 1, eff. July 1, 2014.
§70-6000. Short title.
Sections 1 through 15 of this act shall be known and may be cited
as the "Oklahoma Tuition Trust Act".
Added by Laws 1988, c. 261, § 1, emerg. eff. June 29, 1988.
§70-6001. Legislative intent.
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A. The Legislature finds and declares the following:
1. It is an essential function of state government to forever
encourage schools and the means of education;
2. It is a responsibility of state government to maintain state
institutions of higher education;
3. It is an essential function of state government to encourage
attendance at state institutions of higher education;
4. Tuition costs at public institutions of higher education are
difficult for many to afford and are difficult to predict in order to
enable individuals and families to plan;
5. It is in the best interest of the people of this state to
foster public higher education in order to provide well-educated
citizens;
6. It is in the best interest of the people of this state to
encourage state residents desiring higher education to enroll in
state institutions of higher learning;
7. Students in elementary and secondary schools tend to achieve
a higher standard of performance when the payment of tuition for
their higher education is secured; and
8. Providing assistance to assure the higher education of the
citizens of this state is necessary and desirable for the public
health, safety and welfare.
B. It is therefore the intention of the Legislature that the
purposes of the Oklahoma Tuition Trust Act and of the Oklahoma
Tuition Trust Fund created by the Oklahoma Tuition Trust Act shall be
to:
1. encourage education and the means of education;
2. maintain state institutions of higher education by helping to
provide a stable financial base to these institutions;
3. provide wide and affordable access to state institutions of
higher education for the residents of this state;
4. encourage attendance at state institutions of higher
education;
5. provide students and their parents economic protection
against rising tuition costs;
6. provide students and their parents assistance in financing
postsecondary education;
7. help provide the benefits of higher education to the people
of this state; and
8. encourage elementary and secondary students in this state to
achieve high standards of performance.
Added by Laws 1988, c. 261, § 2, emerg. eff. June 29, 1988.
§70-6002. Definitions.
As used in the Oklahoma Tuition Trust Act:
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1. "Advance tuition payment contract" means a contract entered
into by the Trust and a purchaser to provide for the higher education
of a qualified beneficiary;
2. "Regents" means the Oklahoma State Regents for Higher
Education;
3. "Purchaser" means a person who makes or is obligated to make
advance tuition payments pursuant to an advance tuition payment
contract;
4. "Qualified beneficiary" means any resident of this state,
eligible and entitled to attend a state institution of higher
education without further in-state tuition payment pursuant to an
advance tuition payment contract;
5. "Institution of higher education" means a state-supported
institution of higher education within this state, which is
designated by the Regents as an institution of higher education for
purposes of the Oklahoma Tuition Trust Act;
6. "Trust" means the Oklahoma Tuition Trust;
7. "Tuition" means the general enrollment fees imposed each
semester upon residents of this state to attend a state institution
of higher education including all mandatory special fees required as
a condition of enrollment as determined by the State Regents for
Higher Education;
8. "Nonresident tuition" means the semester charges imposed upon
nonresidents of this state to attend a state institution of higher
education including all general enrollment fees, nonresident tuition
payments and mandatory special fees as determined by the State
Regents for Higher Education; and
9. "Eligibility period" means the period of time in which a
qualified beneficiary may exercise the rights granted in an advance
payment contract.
Added by Laws 1988, c. 261, § 3, emerg. eff. June 29, 1988.
§70-6003. Creation of Oklahoma Tuition Trust - Investment advisory
committee.
A. There is hereby created the "Oklahoma Tuition Trust". The
purposes, powers, and duties of the Oklahoma Tuition Trust are vested
in and shall be exercised by the Oklahoma State Regents for Higher
Education.
B. The Regents may delegate to its chairperson or any other
person such functions and authority as the Regents consider necessary
or appropriate. These functions may include, but are not limited to,
the oversight and supervision of employees of the Regents which
implement the Oklahoma Tuition Trust Act.
C. The Regents may create an investment advisory committee. The
committee shall be composed of five (5) members appointed by the
Regents. The members shall have skill and experience in the business
and financial fields. The members shall serve at the pleasure of the
*+,-11'121#+,, .;)
Regents. The committee shall make recommendations to the Regents
concerning the investment of the monies of the Trust.
Added by Laws 1988, c. 261, § 4, emerg. eff. June 29, 1988.
§70-6004. Powers and duties of Regents - Contracts for services.
A. For the purpose of implementing and administering the
Oklahoma Tuition Trust Act, the Regents shall have the power and duty
to:
1. invest any money of the Trust, at the discretion of the
Regents, in any instruments, obligations, securities or property
deemed proper by the Regents, and name and use depositories for its
money;
2. pay money to state institutions of higher education from the
fund;
3. impose reasonable residency requirements for qualified
beneficiaries consistent with the policies of the institution of
higher education which the qualified beneficiary attends;
4. impose reasonable limits on the number of participants in the
Trust if necessary to maintain the financial and actuarial soundness
of the Trust. Any refused purchaser shall receive a priority over
prospective new purchasers when additional contracts are let;
5. contract for goods and services and engage personnel as is
necessary and engage the services of private consultants, actuaries,
managers, legal counsel, and auditors for rendering professional
management, and technical assistance and advice;
6. solicit and accept gifts, donations, grants, loans, and other
aids from any person, firm or corporation or the federal, state, or
local government or any agency of the federal, state, or a local
government, or to participate in any other way in any federal, state,
or local government program;
7. charge, impose, and collect administrative fees and charges
in connection with any transaction and provide for reasonable
penalties, including default, for delinquent payment of fees or
charges or for fraud;
8. procure insurance against any loss in connection with the
Trust's property, assets, or activities;
9. make, execute, and deliver contracts, conveyances, and other
instruments necessary or convenient to the exercise of its powers;
10. enter into contracts on behalf of the state;
11. invest, manage and administer the assets of the Trust;
12. indemnify or procure insurance indemnifying the Regents from
personal loss or accountability from liability resulting from a
member's action or inaction as a member of the Regents;
13. impose reasonable time limits on use of the tuition benefits
provided by the Trust, if the limits are made a part of the contract;
14. provide for receiving contributions in lump sums or periodic
sums; and
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15. promulgate reasonable rules and regulations and establish
policies, procedures, and eligibility criteria to implement the
Oklahoma Tuition Trust Act pursuant to the Administrative Procedures
Act.
B. The Regents shall make any arrangements that are necessary or
appropriate with institutions of higher education in order to fulfill
its obligations under advance tuition payment contracts, which
arrangements may include, but need not be limited to, the payment by
the Regents of the then actual tuition cost on behalf of a qualified
beneficiary to the institution of higher education.
C. The Trust may contract with others, public or private, for
the provision of all or a portion of the services necessary for the
management and operation of the Trust.
Added by Laws 1988, c. 261, § 5, emerg. eff. June 29, 1988.
§70-6005. Advance tuition payment contracts - Required provisions -
Termination of rights of beneficiary.
A. The Trust, on behalf of itself and the state, may contract
with a purchaser for the advance payment of tuition by the purchaser
for a qualified beneficiary to attend any of the institutions of
higher education to which the qualified beneficiary is admitted,
without further fees to the qualified beneficiary. In addition, an
advance tuition payment contract shall set forth in a clear,
understandable manner all of the following:
1. The amount of the payment or payments required from the
purchaser on behalf of the qualified beneficiary;
2. The terms and conditions for making the payment, including,
but not limited to, the date or dates upon which the payment, or
portions of the payment, shall be due;
3. Provisions for late payment charges and for default;
4. The name and age of the qualified beneficiary under the
contract. The purchaser, with the approval of and on conditions
determined by the Trust, may subsequently substitute another person
for the qualified beneficiary originally named;
5. The number of credit hours covered by the contract, but the
credit hours shall not exceed the number of credit hours required for
the granting of a bachelor's degree in the applicable degree program
at any institution of higher education to which the qualified
beneficiary is admitted;
6. The name of the person entitled to terminate the contract,
which, as provided by the contract, may be the purchaser, the
qualified beneficiary, or a person acting on behalf of the purchaser
or qualified beneficiary, or any combination of these persons;
7. The terms and conditions under which the contract may be
terminated and the amount of the refund, if any, to which the person
terminating the contract, or the purchaser or designated qualified
*+,-11'121#+,, .;)
beneficiary if the contract so provides, shall be entitled upon
termination;
8. The assumption of a contractual obligation by the Trust to
the qualified beneficiary on its own behalf and on behalf of the
state to provide for a specified number of credit hours of higher
education, not to exceed the number of credit hours required for the
granting of a bachelor's degree, at any institution of higher
education to which the qualified beneficiary is admitted. The
contract shall require that a named beneficiary who is not an
Oklahoma resident at the time the beneficiary is enrolled in a state
institution of higher education shall pay all applicable nonresident
tuition or fees imposed on nonresident students at the university or
college at which the beneficiary is enrolled;
9. The eligibility period;
10. That a qualified beneficiary may attend a community junior
college in this state before entering another institution of higher
education for the purpose of completing a bachelor's degree if the
beneficiary so chooses, and that the contract may be terminated
pursuant to the provisions of Section 9 of this act after completing
the requirements for a degree or certificate at the community junior
college in this state or before entering the other institution of
higher education;
11. All other rights and obligations of the purchaser and the
Trust; and
12. Other terms, conditions, and provisions as the Trust
considers in its sole discretion to be necessary or appropriate.
B. The Trust shall make any arrangements that are necessary or
appropriate with institutions of higher education in order to fulfill
its obligations under advance tuition payment contracts. Arrangements
may include, but need not be limited to, the payment by the Trust of
the then actual in-state tuition cost on behalf of a qualified
beneficiary to the institution of higher education.
C. An advance tuition payment contract may provide that, if
after a number of years specified in the contract the contract has
not been terminated or the qualified beneficiary's rights under the
contract have not been exercised, the Trust, after making a
reasonable effort to locate the purchaser and qualified beneficiary
or the agent of either, shall retain the amounts otherwise payable
and the rights of the qualified beneficiary, the purchaser or the
agent of either shall be considered terminated.
Added by Laws 1988, c. 261, § 6, emerg. eff. June 29, 1988.
§70-6006. Types of advance tuition payment contracts.
A. At a minimum, the Trust shall offer advance tuition payment
contracts of the two types set forth in paragraphs 1 and 2 of this
subsection to be known as Plan A and Plan B, respectively.
1. Under Plan A:
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a. a payment or series of payments shall be required
from the purchaser on behalf of a qualified beneficiary,
b. if an advance tuition payment contract is
terminated before a qualified beneficiary earns a high school diploma
or reaches the age of majority, or pursuant to Section 9 of this act,
the Trust shall refund the face amount of the payment or payments in
accordance with the terms of the contract, less any administrative
fee specified in the contract, but shall not refund any investment
income attributable to the payments,
c. except as provided in subparagraph d of this
paragraph, the Trust shall provide for the qualified beneficiary to
attend an institution of higher education which the qualified
beneficiary may attend for the number of credit hours required by the
institution for the awarding of a bachelor's degree, without further
tuition cost to the qualified beneficiary, except as provided in
Section 6 of this act for a qualified beneficiary who is required to
pay nonresident tuition rates,
d. as an alternative to subparagraph c of this
paragraph, the Trust shall provide for the qualified beneficiary to
attend an institution of higher education which the qualified
beneficiary may attend for a fixed number of credit hours, as
permitted by the Trust, less than the total number of credit hours
required by the institution for the awarding of a bachelor's degree,
without further tuition cost to the qualified beneficiary for that
fixed number of credit hours, except as provided in Section 6 of this
act for a qualified beneficiary who is required to pay nonresident
tuition rates.
2. Under Plan B:
a. a payment or series of payments shall be required
on behalf of a qualified beneficiary,
b. if an advance tuition payment contract is
terminated before a qualified beneficiary earns a high school diploma
or reaches the age of majority, or pursuant to Section 9 of this act,
the Trust shall refund the face amount of the payment or payments in
accordance with the terms of the contract, less any administrative
fee specified in the contract, together with all or a specified
portion of accrued investment income attributable to the payment or
payments as may be agreed to in the contract,
c. except as provided in subparagraph d of this
paragraph, the Trust shall provide for the qualified beneficiary to
attend an institution of higher education which the qualified
beneficiary may attend for the number of credit hours required by the
institution for the awarding of a bachelor's degree, without further
tuition cost to the qualified beneficiary, except as provided in
Section 6 of this act for a qualified beneficiary who is required to
pay nonresident tuition rates, and
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d. as an alternative to subparagraph c of this
paragraph, the Trust shall provide for the qualified beneficiary to
attend an institution of higher education which the qualified
beneficiary may attend for a fixed number of credit hours, as
permitted by the Trust, less than the total number of credit hours
required by the institution for the awarding of a bachelor's degree,
without further tuition cost to the qualified beneficiary for that
fixed number of credit hours, except as provided in Section 6 of this
act for a qualified beneficiary who is required to pay nonresident
tuition rates.
B. Contracts required to be offered by this section may require
that payment or payments from a purchaser, on behalf of a qualified
beneficiary who may attend a state institution of higher education in
less than four (4) years after the date the contract is entered into
by the purchaser, be based upon attendance at a certain institution
of higher education or at that institution of higher education with
the highest prevailing tuition cost for the number of credit hours
covered by the contract.
Added by Laws 1988, c. 261, § 7, emerg. eff. June 29, 1988.
§70-6007. Payments on behalf of beneficiaries - Scholarship refunds.
A. Within thirty (30) days of written notice to the Regents that
a qualified beneficiary is enrolled in and attending classes for a
given semester, quarter, term, or session, the Regents shall pay to
the appropriate institution of higher education the then actual in-
state fees on behalf of the qualified beneficiary.
B. If a qualified beneficiary or a nonresident beneficiary
receives a scholarship which reduces the cost of tuition at the
institution of higher education which such beneficiary attends, then
the institution of higher education shall notify the Regents of the
scholarship and its amount. The Regents shall refund the amount of
the scholarship to the person designated in the contract as the
appropriate person to receive a refund. The Regents shall pay to the
institution of higher education the tuition amount less the
scholarship amount. The refund amount shall be treated by the
recipient of the refund as ordinary income for the year in which it
is received.
Added by Laws 1988, c. 261, § 8, emerg. eff. June 29, 1988.
§70-6008. Termination of advance tuition payment contracts -
Refunds.
A. An advance tuition payment contract shall authorize a
termination of the contract when any one of the following occurs:
1. The qualified beneficiary dies;
2. The qualified beneficiary is not admitted to a state
institution of higher education after making proper application;
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3. The qualified beneficiary certifies to the Regents, after
attaining the age of eighteen (18), that such qualified beneficiary
has decided not to attend a state institution of higher education and
requests, in writing, that the advance tuition payment contract be
terminated; or
4. Other circumstances, determined by the Trust and set forth in
the advance tuition payment contract, occur.
B. An advance tuition payment contract shall provide for a
refund pursuant to this section to a person to whom the refund is
payable under the contract upon termination of the contract. If the
qualified beneficiary has a high school diploma or has reached the
age of majority, and attends an institution of higher education, the
amount of a refund shall be the lesser of the average tuition cost of
all state institutions of higher education on the date of termination
of the contract, or the face amount of the payment or payments and
any accrued investment income attributable to the payment or
payments, or the lowest tuition cost of all state institutions of
higher education on the date of termination of the contract depending
upon the terms of the contract. The amount of a refund shall be
reduced by an appropriate percentage if the purchaser entered into an
advance tuition payment contract that provided for a fixed number of
credit hours less than the total number of credit hours required by a
state institution of higher education for the awarding of a
bachelor's degree, by the amount transferred to a community or junior
college on behalf of a qualified beneficiary when the contract is
terminated as provided in Section 6 of this act and by the amount
transferred to an institution of higher education on behalf of a
qualified beneficiary. Termination of a contract and the right to
receive a refund shall not be authorized under the contract if the
qualified beneficiary has completed more than one-half (1/2) of the
credit hours required by the institution of higher education for the
awarding of a bachelor's degree. However, this provision shall not
affect the termination and refund rights of a graduate of a community
or junior college. Pursuant to this subsection and except as
provided by subsection C of this section, the Trust shall make refund
payments in equal installments over four (4) years and not later than
August 15 of the year due.
C. An advance tuition payment shall authorize a person, who is
entitled under the advance tuition payment contract to terminate the
contract, to direct payment of the refund to a community or junior
college located in this state. If directed to make payments pursuant
to this subsection, the Trust shall transfer to the designated
institution an amount equal to the tuition due for the qualified
beneficiary, but the Trust shall not transfer a cumulative amount
greater than the refund to which the person is entitled. If the
refund exceeds the total amount of transfers directed to the
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designated institution, the excess shall be returned to the person to
whom the refund is otherwise payable.
Added by Laws 1988, c. 261, § 9, emerg. eff. June 29, 1989.
§70-6009. Oklahoma College Tuition Trust Fund - Creation -
Accountings - Expenditure and investment of assets.
A. There is hereby created in the State Treasury an "Oklahoma
College Tuition Trust Fund" into which shall be deposited all assets
accruing to the Trust including payments received by the Trust from
purchasers on behalf of qualified beneficiaries, and from which, upon
appropriation, shall be paid all expenditures of the Trust. The fund
may be divided into separate accounts. Any unexpended balance in the
fund at the end of any fiscal year shall not be transferred into the
General Revenue Fund. All interest or other increase earned from the
investment of money in the Oklahoma Tuition Trust Fund shall be
credited to and deposited to the fund. Monies in the fund shall not
be commingled with any other monies of the Regents.
B. The Regents shall annually prepare or cause to be prepared an
accounting of the Trust and shall transmit a copy of the accounting
to the Governor and to each house of the Legislature. The accounts of
the Regents shall be subject to annual audits by the State Auditor
and Inspector.
C. 1. The fund shall be administered by the Regents in a manner
reasonably designed to be actuarially sound such that the assets of
the fund will be sufficient to defray the obligations of the fund.
The actuarial assumptions shall take into consideration the age of
each qualified beneficiary, the projected earnings of the fund
investments and the estimated cost of tuition payments for qualified
beneficiaries to institutions of higher education; and
2. In the accounting of the Trust made pursuant to this section,
the Regents shall annually evaluate or cause to be evaluated the
actual soundness of the Trust and determine the additional assets
needed, if any, to defray the obligations of the Trust. If there are
not sufficient funds to ensure the actual soundness of the Trust, the
Regents shall adjust payments of subsequent purchases to ensure its
actuarial soundness. In no case shall there be an appropriation of
monies from general revenue to the Regents for purposes of the
Oklahoma Tuition Trust Act; however, nothing in this subsection shall
prevent state agencies from providing assistance to the Regents. The
assets and earnings of the Trust shall be the sole source for payment
of the liabilities incurred by the Trust pursuant to the Oklahoma
Tuition Trust Act.
D. Unless otherwise provided by resolution of the Regents,
assets of the Trust shall be expended in the following order of
priority:
1. to make payments to institutions of higher education on
behalf of qualified beneficiaries;
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2. to make refunds upon termination of an advance tuition
payment contract; and 3. to pay the costs of administration and
organization of the Trust and the fund.
E. Assets of the Trust may be invested in any instrument,
obligation, security, or property considered appropriate by the Trust
and may be pooled for investment purposes with investments of the
state, including, but not limited to, state pension funds, on such
terms and conditions as are agreeable to the Trust.
Added by Laws 1988, c. 261, § 10, emerg. eff. June 29, 1988.
§70-6010. Ruling requests - United States Internal Revenue Service
and Securities and Exchange Commission.
A. The Regents shall solicit answers to appropriate ruling
requests from the United States Internal Revenue Service regarding
the tax status of the value received under the contract to the
purchaser or qualified beneficiary. The Regents shall attempt to
ensure that purchasers and qualified beneficiaries receive the
maximum federal and state tax benefits under this program. No
contracts shall be entered into with any purchaser prior to June 1,
1990 or until receipt of an Internal Revenue Service private letter
ruling determining that:
1. the income of the Trust is excludable from gross income as
income earned by an integral part of the state or as income derived
from the exercise of an essential governmental function that accrues
to the state under Section 115 of the Internal Revenue Code; and
2. the purchase price of such a contract either is excludable
from the application of the federal gift tax or qualifies as a gift
of a present interest in property eligible for the ten-thousand-
dollar annual exclusion,
whichever occurs later.
B. The Regents may solicit answers to appropriate ruling
requests from the United States Securities and Exchange Commission
regarding the application of federal security laws to the fund.
Added by Laws 1988, c. 261, § 11, emerg. eff. June 29, 1988.
§70-6011. Enforcement of act and contracts pursuant thereto.
State institutions of higher education, purchasers and qualified
beneficiaries may enforce the Oklahoma Tuition Trust Act and any
contract entered into pursuant to the Oklahoma Tuition Trust Act in
the district court for Oklahoma County.
Added by Laws 1988, c. 261, § 12, emerg. eff. June 29, 1988.
§70-6012. Unauthorized loans and other transfers - Ceiling on
tuition aid grants.
A. Except as provided in subsection B of this section, the
assets of the Trust shall be preserved, invested, and expended solely
pursuant to and for the purposes set forth in the Oklahoma Tuition
*+,-11'121#+,, .;!)
Trust Act and shall not be loaned or otherwise transferred or used by
the state for any purpose other than the purposes of the Oklahoma
Tuition Trust Act. This section shall not be construed to prohibit
the Trust from investing in, by purchase or otherwise, bonds, notes,
or other obligations of the state, an agency of the state, or an
instrumentality of the state.
B. Not less than three percent (3%) nor more than ten percent
(10%), as determined by the Regents, of the interest income generated
by the investment of the assets of the Oklahoma College Tuition Trust
Fund shall be used for the purpose of making tuition aid grants
pursuant to the Oklahoma Higher Education Tuition Aid Act.
Added by Laws 1988, c. 261, § 13, emerg. eff. June 29, 1988.
§70-6013. Construction of act and contracts entered into pursuant
thereto.
Nothing in the Oklahoma Tuition Trust Act or in an advance
tuition payment contract entered into pursuant to the Oklahoma
Tuition Trust Act shall be construed as a promise or guarantee by the
Trust or the state that a person will be admitted to an institution
of higher education or to a particular institution of higher
education, will be allowed to continue to attend an institution of
higher education after having been admitted, or will be graduated
from an institution of higher education.
Added by Laws 1988, c. 261, § 14, emerg. eff. June 29, 1988.
§70-6014. Tax exemptions and deductions - Sale or transfer of
advance tuition contracts.
A. The property of the Trust and its income and operation shall
be exempt from all taxation by this state or any of its political
subdivisions.
B. The purchaser may deduct from taxable income the amount of
payment made under an advance tuition payment contract during the tax
year.
C. An advance tuition payment contract is not a security subject
to regulation by the state. An advance tuition contract may not be
sold or otherwise transferred by the purchaser or qualified
beneficiary without the prior approval of the Regents.
Added by Laws 1988, c. 261, § 15, emerg. eff. June 29, 1988.
§70-7001. Dyslexia teacher training pilot program.
A. It is the intent of the Legislature that the Oklahoma State
Regents for Higher Education enter into a contract with a nonprofit
education center which is certified as a multisensory structured
language training institute for the purpose of establishing a
comprehensive dyslexia teacher training pilot program.
Implementation of the pilot program shall be contingent upon the
pilot program contractor securing grant funding for the purpose of
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implementing a higher education multisensory structured reading
instruction training project. The Regents shall oversee the pilot
program and, working with the pilot program contractor, shall select
not more than two institutions within The Oklahoma State System of
Higher Education to participate in the pilot program. The pilot
program contractor, using grant funding, shall implement and
coordinate the pilot program, provide the salary of pilot program
coordinators, and provide the training, resources and curriculum
materials for the pilot program. If other funds are available, the
Regents may provide additional support and resources to the pilot
program.
B. The goal of the pilot program shall be to train higher
education faculty to teach multisensory structured reading education
for students with dyslexia to teacher candidates enrolled in the
elementary, early elementary and special education programs, to
demonstrate and evaluate the effectiveness of having trained teachers
who can provide early reading assistance programs for children with
risk factors for dyslexia and to evaluate whether the early
assistance programs can reduce future special education costs. In
addition the goal of the pilot program shall be to create a
replicable model which can be followed by other higher education
institutions.
C. The Regents and the pilot program contractor shall form an
advisory committee to design and plan for the implementation of the
pilot program.
D. The dyslexia teacher training pilot program shall provide to
higher education faculty at participating institutions training on
how to teach to teacher candidates the indicators of dyslexia and the
type of instruction that children with dyslexia need in order to
learn, read, write and spell, including multisensory structured
language programs. In addition the pilot program shall provide
instruction to teacher candidates enrolled in the elementary, early
childhood education or special education program at the institution
which is designed to train the teacher candidates on the indicators
of dyslexia and the type of instruction that children with dyslexia
need in order to learn, read, write and spell, including multisensory
structured language programs.
E. Contingent upon the availability of additional public or
private funding, the Regents may work with the pilot program
contractor to expand the pilot program to provide professional
development to teachers of kindergarten through fourth grade which is
designed to train teachers on the indicators of dyslexia and the
types of instruction that children with dyslexia need in order to
learn, read, write and spell, including multisensory structured
language programs.
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F. The State Regents shall promulgate rules and establish
guidelines and procedures for the pilot program. The pilot program
shall be established for a minimum term of three (3) years.
G. The pilot program contractor shall report annually to the
State Regents about the operation and results of the pilot program.
Not later than June 30 of the third year in which the pilot program
is operating, the State Regents shall submit a report to the
Governor, the Speaker of the House of Representatives and President
Pro Tempore of the Senate containing an evaluation of the results of
the pilot program and legislative recommendations.
H. As used in this section, “dyslexia” means a specific learning
disorder that is neurological in origin and that is characterized by
unexpected difficulties with accurate or fluent word recognition and
by poor spelling and decoding abilities not consistent with the
intelligence, motivation and sensory capabilities of the person,
which difficulties typically result from a deficit in the
phonological component of language.
Added by Laws 2012, c. 237, § 1, eff. July 1, 2012.
§70-8001. Repealed by Laws 2000, c. 19, § 1, eff. July 1, 2000.
§70-8002. Repealed by Laws 2000, c. 296, § 5, emerg. eff. June 5,
2000.
§70-8003. Center for the Study of Literacy - Responsibilities.
It is the intent of the Legislature that the Center for the Study
of Literacy located at Northeastern State University be responsible
for:
1. Establishment of a clearinghouse for the exchange of
information and sharing of ideas regarding successful literacy
programs and opportunities for funding;
2. In cooperation with the Department of Education and the
Department of Libraries, provision of assistance for the writing of
applications for grants related to literacy;
3. Establishment of a statewide directory of literacy programs
and related services, sorted by county and cross-referenced with
support services, with the Clearinghouse for Literacy responsible for
gathering, maintaining and disseminating the referral directory; and
4. Establishment and operation of a toll-free statewide literacy
services referral system, as funds become available.
Added by Laws 1992, c. 393, § 1, eff. July 1, 1992. Amended by Laws
2000, c. 296, § 1, emerg. eff. June 5, 2000.
§70-8004. Repealed by Laws 2014, c. 9, § 1, eff. Nov. 1, 2014.
§70-8005. Adult Literacy Services Advisory Committee - Members.
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A. The Adult Literacy Services Advisory Committee shall be
composed of fifteen (15) members:
1. The Governor shall appoint two members who are executives of
business or industry;
2. The Speaker of the House of Representatives shall appoint one
member to serve as cochair of the Committee who is a member of the
House of Representatives and one member who is a volunteer of a local
literacy program;
3. The President Pro Tempore of the Senate shall appoint one
member to serve as cochair of the Committee who is a member of the
Senate and one member who is a volunteer of a local literacy program;
4. The State Superintendent of Public Instruction shall appoint
two members who work with a local adult basic education program and
one member who is employed in the Lifelong Learning Section of the
State Department of Education;
5. The Director of the Oklahoma Department of Libraries shall
appoint one member who is employed in the Literacy Resource Office of
the Department of Libraries;
6. The Executive Director of the Oklahoma Educational Television
Authority shall appoint one member;
7. The Director of the Center for the Study of Literacy at
Northeastern State University shall appoint one member;
8. The Director of the Oklahoma Department of Career and
Technology Education shall appoint one member who is employed by the
Oklahoma Department of Career and Technology Education and who works
in adult education;
9. The Director of the Oklahoma Department of Human Services
shall appoint one member who is employed by the Department and is
knowledgeable about adult literacy and education needs; and
10. One member who serves as President of the Oklahoma Literacy
Coalition, Incorporated.
B. The Committee cochairs shall convene an organizational
meeting no later than August 31, 2000, at which time the Committee
may adopt rules governing its operation and elect other officers to
serve the Committee. The presence of seven members of the Committee
shall constitute a quorum.
C. Appointed members shall serve at the pleasure of the
appointing authority.
D. Nonlegislative members of the Committee shall be reimbursed
by the appointing authority for travel expenses incurred in the
performance of their duties pursuant to the State Travel
Reimbursement Act.
E. Legislative members of the Committee shall be reimbursed by
their appointing authorities for necessary travel expenses incurred
in the performance of their duties in accordance with Section 456 of
Title 74 of the Oklahoma Statutes.
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Added by Laws 2000, c. 296, § 3, emerg. eff. June 5, 2000. Amended
by Laws 2001, c. 33, § 162, eff. July 1, 2001.
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