US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 70.

SCHOOLS

_____

§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  Repealed by Laws 1941, p. 416, § 8.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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.

§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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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 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 such divisions and positions as may be established by law and by the State Board of Education.

B.  The State Board of Education is that agency in the State Department of Education which shall be the governing board of said Department and the public school system of the state.

C.  The State Superintendent of Public Instruction is the official provided for in Article VI, Section 1, of the Constitution of Oklahoma who shall be the executive officer of the State Board of Education.

Laws 1971, c. 281, § 1-105, eff. July 2, 1971.  Amended by Laws 1990, c. 293, § 6, eff. Sept. 1, 1990.

§701106.  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 K6 or K8, 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, § 1106, eff. July 2, 1971.  Amended by Laws 2001, c. 33, § 64, eff. July 1, 2001.

§701107.  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, § 1107, 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, 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.

§701108.  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.  Laws 1971, c. 281, Section 1108.  Eff. July 2, 1971.

Laws 1971, c. 281, § 1108, eff. July 2, 1971.  

§70-1-109.  Length of school year - School for less than full term - Extended day schedule.

A.  A school year for all public schools in Oklahoma shall consist of at least ten (10) months of four (4) weeks each, during which time school shall actually be in session and instruction offered for not less than one hundred eighty (180) days.  Five (5) days may be used for attendance of professional meetings and teachers may be paid for a length of term in excess thereof, under conditions hereinafter outlined.  Subject to district board of education policy or collective bargaining agreement, additional professional leave days may be granted for individual teachers to attend or participate in professional meetings, staff development training, or National Board certification portfolio development.  During 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.  A school district may authorize parent-teacher conferences to be held during a regular school day.  Following such authorization by the school district, these conferences shall be counted towards a school day, as defined in Section 1-111 of this title, and included as part of the one hundred seventy-five (175) days of classroom instruction.  A school district may maintain school for less than a full term 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.

B.  The State Board of Education shall establish criteria for an extended day schedule.  The criteria shall:

1.  Prescribe a lengthened school day within limits determined not to be detrimental to quality instruction; and

2.  Ensure that the schedule is equivalent in annual hours of instruction to the one-hundred-eighty-day school year specified in subsection A of this section; and

3.  Be consistent with the provisions of this section and Sections 1-110 through 1-112 of this title, but may result in fewer annual days of instruction.

The State Board of Education may authorize school districts to implement an extended day schedule for instruction pursuant to the criteria developed.  The State Board of Education shall require the participating school districts to prepare a report of the impact of the extended day schedule.

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, § 1, emerg. eff. March 8, 1979; Laws 1981, c. 81, § 1, emerg. eff. April 20, 1981; 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.

§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.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 18, operative July 1, 1990.

§701110.  School month  Length  Pay of teachers for twelve months.

A school month shall consist of twenty (20) school days during which school is actually taught or school activities performed. Provided, that holidays, elections, days devoted to professional meetings and other days when school is closed may be included in the number of days required for a regular school month, but no holiday or other occasion when school is not in session shall be included in the one hundred eighty (180) days required to be taught, except not to exceed five (5) days may be used for attendance of professional meetings.  Any district may pay teachers and other employees on the basis of calendar months for twelve (12) months, as elsewhere provided by the Oklahoma School Code.  Laws 1971, c. 281, Section 1110.  Eff. July 2, 1971.

Laws 1971, c. 281, § 1110, eff. July 2, 1971.  

§70-1-111.  School day - Six hours - Exceptions.

A.  A school day shall consist of not less than six (6) hours devoted to school activities, except that a school day for nursery, early childhood education, kindergarten, extended day program, and alternative education programs shall be as otherwise defined by law or as defined by the State Board of Education.  Except for schools operating under an extended day schedule as provided for in Section 1-109 of this title, not more than one (1) school day shall be counted for attendance purposes in any twenty-four-hour period.

B.  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 a remote internet-based course approved by the district board of education.  The State Board of Education shall adopt rules to provide for the implementation of remote Internet-based courses.

C.  Each district board of education shall adopt policies and procedures that conform to rules for Internet-based 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 Internet-based courses, and establishing fees or charges.  No district shall be liable for payment of any fees or charges for any Internet-based course for a student who has not complied with the district's policies and procedures.  Districts shall require students enrolled in Internet-based courses to participate in the Oklahoma School Testing Program Act.  Students participating in Internet-based 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.

D.  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.

NOTE:  Laws 2003, c. 40, § 1 repealed by Laws 2004, c. 5, § 82, emerg. eff. March 1, 2004.

§701112.  School taught on Saturday.

School taught on Saturday shall not be counted for attendance purposes in meeting the requirements of the law for one hundred eighty (180) days in any school term, except for substituting for regular school days during which school has been or will be closed, and except by permission of the State Board of Education.  Laws 1971, c. 281, Section 1112.  Eff. July 2, 1971.

Laws 1971, c. 281, § 1112, eff. July 2, 1971.  

§70-1-113.  School district residency.

A.  When used in this section, the residence of any child for school purposes shall be:

1.  The school district in which the parents, guardian, or person having legal custody holds legal residence.

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; or

2.  The foster home, as defined in Section 7203 of Title 10 of the Oklahoma Statutes, except a therapeutic foster 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

b. by a state agency having legal custody of the child pursuant to the provisions of Title 10 of the Oklahoma Statutes; or

3.  Any orphanage or eleemosynary child care facility having full-time care and custody; or

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); or

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 10 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; or

6.  The district in which a child who is entirely self-supporting resides and attends school; or

7.  A state-licensed or operated emergency shelter.

B.  No school district shall bear the cost of educating children who are not residents of this state; provided, 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 care home, as defined in Section 7203 of Title 10 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 care homes as compared to the average daily 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 care 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 child's home and not in the school district in which the child legally resides:  a residential facility; a treatment program or center, including the facility operated pursuant to Section 485.1 of Title 63 of the Oklahoma Statutes; a therapeutic foster home as defined in Section 7203 of Title 10 of the Oklahoma Statutes; or, 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, 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 seven (7) days of admittance, notify the school district in which the entity is located of the admittance.

Upon provision of educational services to such 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 10 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 such children for school purposes will be considered as being in the district maintaining the school.  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 such 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 district's first nine (9) weeks of the current school year 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 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 such a contract, the facility shall operate in accordance with all applicable laws, including compliance with Section 18-114.7 of this title.  Such 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 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. 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.

§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.

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 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.

§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;

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.

§701115.  School system  Administered by State Department of Education, Etc.

The public school system in Oklahoma shall be administered by the State Department of Education, State Superintendent of Schools, county superintendents of schools, boards of education of school districts, and superintendents of schools of independent school districts.  Laws 1971, c. 281, Section 1115.  Eff. July 2, 1971.

Laws 1971, c. 281, § 1115, eff. July 2, 1971.  

§701116.  Positions in school system  Definitions.

As used in this act:

1.  Teacher:  Any person who is employed to serve as district superintendent, principal, supervisor, counselor, librarian, school nurse or classroom teacher, or in any other instructional, supervisory, or administrative capacity, is defined as a teacher. Such person shall not be deemed qualified unless he or she holds a valid certificate or license, issued by and in accordance with the rules and regulations of the State Board of Education, to perform the particular services for which he or she is employed.

2.  Superintendent:  A superintendent of schools shall be the executive officer of the board of education and the administrative head of the school system of a district maintaining an accredited school, provided he or she holds an administrator's certificate recognized by the State Board of Education.

3.  Principal:  A principal shall be 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 least one-half the time school is in session to classroom teaching.  Until July 1, 1993, teaching principals shall not be required to hold administrative certificates.  Beginning July 1, 1993, teaching principals shall be required to hold administrative certificates.

4.  For purposes of complying with the State Aid Law and other statutes which apportion money on the basis of teaching units or the number of teachers employed or qualified, all persons holding proper certificates or licenses and connected in any capacity with the instruction of pupils shall be designated as "teachers".

5.  Entry-year Teacher:  An entry-year teacher is any licensed teacher who is employed in a local school to serve as a classroom teacher under the guidance and assistance of a teacher consultant and an entry-year assistance committee.  Any such person shall have completed the program of the college or school of education of the accredited institution of higher learning from which the person has been graduated.

6.  Student Teacher:  A student teacher is 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 such institution of higher learning and a school district's board of education to perform practice teaching under the direction of a regularly employed and certified teacher.  A student teacher, while serving a nonsalaried internship under the supervision of a certified teacher, shall be accorded the same protection of the laws as that accorded the certified teacher.

7.  A school nurse employed full time by a board of education shall be a registered nurse licensed by the Oklahoma State Board of Nurse Registration and Nursing Education, and certified the same as a teacher by the State Department of Education.  Provided that any person who is employed as a full-time nurse in any school district in Oklahoma, but 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 and regulations 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.

8.  Support Employee:  A support employee shall be 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.

Laws 1971, c. 281, § 1-116, eff. July 2, 1971; 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.

§701116.1.  Teaching principal  Amount of time in classroom.

A teaching principal, as defined in Section 1116 of Title 70 of the Oklahoma Statutes, shall be permitted to devote less than onehalf (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.  

§701116.2.  Administration of medicine to students.

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 administer:

1.  A nonprescription medicine; and

2.  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 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.  The school shall keep on file the written authorization of the parent or guardian of the student to administer medicine to the student.

F.  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.  

§70-1-116.3.  Self-administration of inhaled asthma medication.

A.  Notwithstanding the provisions of Section 1-116.2 of Title 70 of the Oklahoma Statutes, the board of education of each school district shall adopt a policy on or before September 1, 2003, that permits the self-administration of inhaled asthma medication by a student for treatment of asthma.  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 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 Title 70 of the Oklahoma Statutes;

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

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.  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; and

2.  "Self-administration" means a student's use of medication pursuant to prescription or written direction from a physician.

C.  The permission for self-administration of asthma 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.

D.  A student who is permitted to self-administer asthma medication pursuant to this section shall be permitted to possess and use a prescribed inhaler at all times.

Added by Laws 2003, c. 143, § 1, emerg. eff. April 28, 2003.

§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 buildings, expenditures for the replacement of a building which has been destroyed, installments and lease payments on property, excluding 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 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 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.

§701118.  Building fund  Definition.

The building fund of any school district shall consist of all monies derived from the proceeds of a building 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 erecting, remodeling, repairing, or maintaining school buildings, for purchasing furniture, equipment and computer software to be used on or for school district property, for paying energy and utility costs, for purchasing telecommunications services, for paying fire and casualty insurance premiums for school facilities, for purchasing security system, and 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 fund hereinabove defined 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 Article X, Section 9 of the Oklahoma Constitution may be placed in the building fund provided by this section.

Added by Laws 1971, c. 281, § 1118, 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, eff. Sept. 1, 1994.

§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 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, and monies donated to a school district for the purpose of capital projects or improvements and may be used for erecting, remodeling, repairing or maintaining school buildings, and for purchasing furniture, equipment and software for instructional and noninstructional purposes, for purchasing energy and telecommunications utilities, for paying fire and casualty insurance premiums for school facilities, for purchasing security systems, and 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 fund hereinabove defined 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 Article X, Section 9B 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.

§701119.  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.  Laws 1971, c. 281, Section 1119.  Eff. July 2, 1971.

Laws 1971, c. 281, § 1119, eff. July 2, 1971.  

§70-1-120.  Repealed by Laws 1981, c. 347, § 50, emerg. eff. July 1, 1981.

§701121.  Conflicting provisions.

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.  

§70-2.  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.

§70-2A-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.

§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 - Terms - Travel expenses.

The State Board of Education shall be the governing board of the State Department of Education and shall consist of seven (7) members.  The State Superintendent of Public Instruction shall be a member and the chairperson of said Board.  The remaining six members shall be appointed by the Governor by and with the advice and consent of the Senate.  No person shall be eligible to be appointed to serve on the State Board unless said person has been awarded a high school diploma or certificate of high school equivalency.  Any member appointed to the State Board after the effective date of this act 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.

The Governor shall appoint one member to serve for one (1) year; one member to serve for two (2) years; one member to serve for three (3) years; one member to serve for four (4) years; one member to serve for five (5) years; and one member to serve for six (6) years.  Said members shall serve until their successors are duly appointed and qualified.  Their successors shall be appointed for a term of six (6) years, and thereafter the term of each member of said Board shall be six (6) years.  An appointment shall be made to take effect on April 2 of each year.  Except for the State Superintendent of Public Instruction, a member shall be appointed from each congressional district, and any remaining members shall be appointed from the state at large, not to exceed more than one member from any one county, city or town.  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.  No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district.  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, such appointments to be made for the unexpired term.

Terms of the members shall be staggered so that only one term expires each year.  Each member of the Board shall receive necessary traveling expenses while in the performance of his duties in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.

Provided, that persons serving as members of the State Board of Education on the effective date of this act shall continue to serve as members of the State Board of Education for the terms for which they were appointed.

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.

§70-3-102.  Meetings.

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 control of the State Department of Education and 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.  Establish and prescribe the duties of an executive officer who shall be the State Superintendent of Public Instruction and whose duties shall include the responsibility to give advice and make recommendations to the Board on all matters pertaining to the policies and administration of the State Department of Education and the public school system;

2.  Adopt policies and make rules for the operation of the State Department of Education and the public school system of the state;

3.  Organize and have control of the administrative and supervisory agencies, divisions, personnel and their appointment and salaries and other operations necessary to carry out the powers, duties and functions of the Board and its executive officer;

4.  Have authority to require the coordination of all divisions of the State Department of Education through its executive officer, delegate general supervision of all employees to its executive officer, require all recommendations to be presented through its executive officer, require its executive officer to be responsible for interpretation of the Board's policy, require any employee of the Board to present any specific matter directly to the Board;

5.  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;

6.  Submit to the Governor a departmental budget based upon major functions of the Department 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;

7.  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 preceding said regular session of the Legislature.  Said 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, 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;

8.  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;

9.  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 7115 of Title 10 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 7102 of Title 10 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, 1040.51, 1087, 1088, 1111.1, 1114 or 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 judgement 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;

10.  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 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;

11.  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;

12.  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;

13.  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;

14.  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;

15.  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;

16.  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;

17.  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 the Revolving Fund Procedures Act;

18.  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;

19.  Provide for the establishment of a uniform system of pupil and personnel accounting, records and reports;

20.  Have authority to provide for the health and safety of school children and school personnel while under the jurisdiction of school authorities;

21.  Provide for the supervision of the transportation of pupils;

22.  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;

23.  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;

24.  Administer the State Public Common School Building Equalization Fund established by Section 32 of Article X of the Oklahoma Constitution.  Any royalties, bonuses, rentals or other monies derived from oil and gas and all other mineral leases on lands that have been or may be granted by the United States to the state for the use and benefit of the common schools, or lands that are or may be held by the Commissioners of the Land Office for the use and benefit of the common schools, the proceeds of the sale of easements, improvements and sand and gravel on any such lands, 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 such State Public Common School Building Equalization Fund, which shall be used to aid school districts in acquiring buildings under rules prescribed by the State Board of Education, as the administering agency, subject to the limitations fixed by Section 32 of Article X of the Oklahoma Constitution.  The State Board of Education shall prescribe rules for making grants of aid from, and for otherwise administering, such fund, and may employ and fix the duties and compensation of technicians, aides, clerks, stenographers, attorneys and other personnel deemed necessary to perform its duties; and the cost of administering such fund shall be paid from funds currently available for the operation of the State Department of Education.  It shall be the duty of the State Board of Education, the Commissioners of the Land Office and all other public agencies, officers and employees to observe and comply with the provisions of this paragraph, in all respects; and they shall not be held liable for any amount, penalty or punishment for having done so, unless and until they are directed to do otherwise by a court of competent jurisdiction;

25.  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;

26.  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 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 the Revolving Fund Procedures Act, Section 155 et seq. of Title 62 of the Oklahoma Statutes; and

27.  Have authority to review preliminary plans for new construction and major alteration of public school buildings where structural changes are proposed.  No bids shall be let for the construction or major alteration of any public school building until preliminary plans and specifications for such construction or alteration have been submitted to and reviewed by the State Department of Education.  The period of time during which such review is conducted by the State Department of Education shall not exceed thirty (30) days.  The State Department of Education shall advise each local school district regarding said review of preliminary plans and specifications.  Provided, nothing in this subsection shall be construed as repealing any ordinance or building code of any city, town or county.

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.

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.

§703104.1.  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 tenyear period.

Laws 1979, c. 91, § 1.  

§70-3-104.2.  Comprehensive Local Education Plan.

A.  As part of the requirements for receiving accreditation by the State Board of Education, each school district board of education shall adopt a Comprehensive Local Education Plan once every six (6) years.  The plan at a minimum shall contain the following:

1.  A school improvement plan as provided for in Section 5-117.4 of this title;

2.  A staff development plan as provided for in Section 6-194 of this title;

3.  A capital improvement plan as provided for in Section 18-153 of this title;

4.  An alternative education plan, as provided for in subsection C of Section 1210.566 of this title; and

5.  A reading sufficiency plan as provided for in Section 1210.508C of this title.

B.  The State Board of Education shall promulgate rules for monitoring compliance with the provisions of this section by school districts.  The State Department of Education shall provide training for regional accreditation officers in alternative education program compliance.

Added by Laws 1987, c. 186, § 1, eff. Nov. 1, 1987.  Amended by Laws 1992, c. 324, § 7, eff. July 1, 1992; Laws 1994, c. 290, § 66, eff. July 1, 1994; Laws 1998, c. 332, § 4, eff. July 1, 1998; Laws 2002, c. 289, § 1, eff. July 1, 2002.

§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 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.  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 for implementation with the 199394 school year.  No school shall be denied accreditation or have accreditation withdrawn prior to the 199798 school year solely for failure to fully implement the curricular standards.  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.

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 Oklahoma 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.  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.

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.

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.

§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' fouryear plans pursuant to Section 3104.2 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.

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.  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 section.

Added by Laws 1994, c. 378, § 2, eff. July 1, 1994.

§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 he shall keep all books and papers pertaining to his office.  Such books and papers shall be kept and preserved in said office and delivered by the Superintendent of Public Instruction to his successor.  He shall file and carefully preserve in his office all official reports made to him.  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.

Amended by Laws 1982, c. 287, § 35, operative July 1, 1982.

§70-3-107.  Administrative and executive duties.

The State Superintendent of Public Instruction is hereby authorized to administer oaths.  He shall, upon proper request, advise county superintendents of schools and district superintendents of schools and area superintendents on questions as to the powers, duties and functions of school district officials, and each two (2) years he shall cause to be compiled, published and distributed to boards of education and other public officials he believes should receive the same, the school laws in force, with such decisions, Attorney General's opinions and other informative matter relating to the school laws as he deems appropriate; and he shall perform such other duties pertaining to the public school system as shall be prescribed by law or the State Board of Education.  He may affiliate with the National Council of Chief State School Officers and such other national and state organizations as he believes 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.

Laws 1971, c. 281, § 3-107, eff. July 2, 1971.

§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 State Finance.

Added by Laws 1982, c. 287, § 40, operative July 1, 1982; Laws 1993, c. 361, § 2, eff. July 1, 1993.

§70-3-110.  Adult Education Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the State Board of Education, to be designated the "Adult Education Revolving Fund".  The fund shall consist of fees paid to the Board for the scoring of the writing component portion of the General Education Development 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 Education.  Expenditures from said fund shall be made to maintain the General Education Development testing process and for the scoring of the writing component of said test.  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 State Finance.

Laws 1987, c. 204, § 127, operative July 1, 1987.

§70-3-110.1.  Allocation of funds for adult education.

Funds appropriated to the State Board of Education for Adult Education Matching Funds shall be provided to school districts which offer courses leading to the General Education Diploma.  The State Board of Education shall promulgate rules for the distribution of the funds.

Added by Laws 1995, c. 305, § 3, eff. July 1, 1995.

§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 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.  Education Oversight Board - Membership - Officers - Vacancies - Quorum - Travel expenses - Duties - Dual office holding.

A.  There is hereby created the Education Oversight Board.  The membership of the Education Oversight Board shall consist of:

1.  The Chairperson of the Education Committee of the Oklahoma House of Representatives;

2.  The Chairperson of the Education Committee of the Senate;

3.  Two members, who are not legislators, appointed by the Governor;

4.  Two members, who are not legislators, appointed by the Speaker of the Oklahoma House of Representatives;

5.  Two members, who are not legislators, appointed by the President Pro Tempore of the Senate; and

6.  One member, who is not a legislator, appointed jointly by the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

The two Education Committee Chairpersons shall serve as nonvoting members of the Board as long as each holds that position in such chairperson's respective house.  The terms of the appointed members shall be staggered.  The terms of the seven appointed members shall begin on July 1 of the year the preceding term expires.  All terms shall be for five (5) years.  At least one appointed member must reside in each congressional district.  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.  If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.

B.  A chairperson and vice-chairperson shall be elected annually from the membership of the Board.  A quorum which shall consist of four voting members must be present for the transaction of any business.  Members shall be reimbursed for travel in the performance of their official duties in accordance with the State Travel Reimbursement Act.

C.  The Education Oversight Board shall:

1.  Oversee implementation of the provisions of Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature;

2.  Oversee implementation of the provisions of the Oklahoma Teacher Preparation Act; and

3.  Make recommendations to the Governor and Legislature on methods to achieve an aligned, seamless system from preschool through postsecondary education.

D.  The Education Oversight Board shall govern the operation of the Office of Accountability created in Section 3-117 of this title.  The Secretary of Education shall be the chief executive officer of the Office of Accountability.

E.  Legislators and appointed members who serve on the Education Oversight Board shall be exempt from the dual office holding prohibitions of Section 6 of Title 51 of the Oklahoma Statutes.

Added by Laws 1989, 1st Ex. Sess., c. 2, § 41, emerg. eff. April 25, 1990.  Amended by Laws 1994, c. 232, § 1, emerg. eff. May 25, 1994; Laws 1995, c. 322, § 24, eff. July 1, 1995; Laws 1997, c. 191, § 1, eff. July 1, 1997; Laws 1999, c. 312, § 1, eff. July 1, 1999; Laws 2002, c. 437, § 1, eff. Jul