US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 70.

SCHOOLS

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§70-1.  Repealed by Laws 1941, p. 416, § 8.

§70-1-1.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-2.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-3.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-4.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-5.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-6.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-7.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-8.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-9.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-10.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-11.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-12.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-13.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-14.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-15.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-16.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-1-17.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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  Repealed by Laws 1971, c. 281, § 24-127, eff.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. July 1, 2002; Laws 2003, c. 3, § 76, emerg. eff. March 19, 2003; Laws 2003, c. 434, § 29.

NOTE:  Laws 2002, c. 375, § 16 repealed by Laws 2003, c. 3, § 77, emerg. eff. March 19, 2003.

§70-3-117.  Office of Accountability - Creation - Support.

There is hereby created the Office of Accountability.  The Oklahoma State Regents for Higher Education are hereby directed to support the Office of Accountability from the budget of the State Regents.  The State Regents shall include the Office of Accountability in its budget work program to be submitted each fiscal year for the succeeding fiscal year to the Office of State Finance.  Each year the Education Oversight Board shall submit a program budget for the Office of Accountability to the State Regents.  Any amendments to the Office of Accountability program budget must first be approved by the Education Oversight Board.  The Office of Accountability, its personnel, budget, and expenditure of funds shall be solely under the direction of the Education Oversight Board.

Added by Laws 1989, 1st Ex. Sess., c. 2, § 42, emerg. eff. April 25, 1990.  Amended by Laws 1997, c. 191, § 2, eff. July 1, 1997; Laws 2003, c. 434, § 30.

§70-3-118.  Secretary of Education - Powers, duties and responsibilities.

The Secretary of Education shall:

1.  Oversee the Office of Accountability;

2.  Employ necessary personnel according to procedures established for the employment of personnel by the Office of Personnel Management;

3.  Monitor the efforts of the public school districts to comply with the provisions of this act and of Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma Legislature which relate to common education;

4.  Identify districts not making satisfactory progress toward compliance with said provisions and recommend appropriate corrective actions to the State Board of Education concerning each district so identified;

5.  Have executive responsibility for the Oklahoma Educational Indicators Program and the annual report required pursuant to Section 1210.531 of this title;

6.  Review and make periodic public comment on the progress and effectiveness of the State Board and State Department of Education, the Office of the State Superintendent of Public Instruction, other bodies created by this act, and the public schools of this state concerning the implementation of the provisions of this act and of Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma Legislature which relate to common education;

7.  Analyze the revenues for all systems of education and the expenditure of common education revenue, giving close attention to expenditures for administrative expenses relating to the common schools;

8.  Make reports to the public concerning these matters whenever appropriate; and

9.  Submit recommendations regarding funding for education or statutory changes to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor whenever appropriate.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 43, emerg. eff. April 25, 1990.  Amended by Laws 1997, c. 191, § 3, eff. July 1, 1997.

§70-3-118.1.  Budget and operations performance reviews.

A.  The Office of Accountability is hereby authorized to conduct a performance review program to determine the effectiveness and efficiency of the budget and operations of school districts that have:

1.  Administrative service costs which are above the expenditure limits established for school districts in Section 18-124 of this title or have total expenditures in excess of the district's adopted budget;

2.  A district Academic Performance Index (API) score, calculated pursuant to Section 3-150 of this title, that is below the state average API;

3.  Had a request for a performance review submitted by the Governor or the State Superintendent of Public Instruction; or

4.  Submitted a request for a performance review subsequent to a majority vote of the district's board of education.

B.  Funds appropriated by the Legislature to the State Regents for Higher Education for the Office of Accountability may be expended to fulfill the provisions of this section.  The Office of Accountability may contract with an outside entity or hire personnel to assist in the development and design of the program.  The Office of Accountability may contract with outside entities to assist in conducting performance review programs.  Such entities shall be chosen through a competitive bid process.  Invitations to bid for the performance reviews shall be open to any public or private entity.  Contracts for performance reviews shall not be done on a sole source basis.

C.  1.  If a performance review is conducted as authorized pursuant to paragraphs 1 through 3 of subsection A of this section, the entire cost of the review shall be borne by the Office of Accountability.

2.  If a school district requests a performance review, as authorized pursuant to paragraph 4 of subsection A of this section, twenty-five percent (25%) of the entire cost of the review shall be borne by the school district and seventy-five percent (75%) of the cost of the review shall be borne by the Office of Accountability.

3.  Districts shall be selected for review by the Education Oversight Board contingent upon the availability of funding.

D.  The Office of Accountability shall engage in follow-up, outreach and technical assistance to help school districts and others understand, interpret, and apply the recommendations and best practices resulting from performance reviews conducted pursuant to this section.

E.  After a performance review of a school district is completed by the Office of Accountability, the school district may implement all or part of the recommendations contained in the review.

F.  If a school district experiences a cost savings that is directly attributable to implementation of performance review recommendations, the cost savings shall be expended by the school district for classroom expenses.  Classroom expenses shall include but are not limited to teacher salaries and purchasing textbooks, teaching material, technology and other classroom equipment.  Classroom expenditures shall not include administrative services as defined in Section 18-124 of this title or for equipment or materials for administrative staff.

Added by Laws 2001, c. 419, § 1, eff. July 1, 2001.  Amended by Laws 2002, c. 446, § 1, emerg. eff. June 5, 2002; Laws 2005, c. 432, § 14, eff. July 1, 2005.

§70-3-119.  Allocation of funds for school lunch programs.

Funds appropriated to the State Board of Education for School Lunch Matching and School Lunch Programs shall be apportioned by the State Board of Education to each school district for the purpose of providing meals for children in compliance with the National School Lunch Act and the Child Nutrition Act of 1966 and Public Law 91-248, as they may hereafter be amended or supplemented.

Added by Laws 1995, c. 305, § 4, eff. July 1, 1995.

§70-3-120.  Board approval of programs using state funds.

The funding of programs with state funds appropriated to the State Board of Education which are to be awarded through a competitive application process or on a contractual basis shall be subject to final approval of the State Board of Education.  The Board shall be responsible for the review and evaluation of the programs throughout the term of the funding or contract.  The Board shall ensure that all state funds are expended in an appropriate manner and for the purposes stated in the application or contract.

Added by Laws 1995, c. 305, § 5, eff. July 1, 1995.

§70-3-121.  Apportionment of certain administrative and support function funds.

A portion of the funds appropriated to the State Board of Education for the Administrative and Support Functions of the State Department of Education shall be expended for:

1.  The cost involved in administering, scoring, reporting and other incidental duties necessary to accomplish the provisions of the Oklahoma School Testing Program Act;

2.  Preschool deaf education programs operated by the State Department of Education; and

3.  Conducting training workshops for administrative personnel pursuant to the provisions of Section 6-101.10 of this title.

Added by Laws 1995, c. 305, § 6, eff. July 1, 1995.

§70-3-122.  Funding for education of children with visual impairments.

A.  A portion of the funds appropriated to the State Board of Education for Administrative and Support Functions of the State Department of Education shall be expended for the development and operation of a statewide network of services for the education of children with visual impairments.  The network shall consist of itinerant services provided by qualified regional program specialists and certified orientation and mobility specialists.

B.  The network of services to be provided shall include:

1.  Assessment of visual function;

2.  Consultation regarding assessment of academic performance;

3.  Consultation regarding assessment of ophthalmological performance;

4.  Consultation regarding assessment of psychological performance;

5.  Consultation regarding assessment of vocational performance;

6.  Assistance in the development of individualized education plans for children with visual impairments; and

7.  Provisions of or consultation regarding the acquisition of special equipment for children with visual impairment.

Added by Laws 1995, c. 305, § 7, eff. July 1, 1995.

§70-3-123.  Allocation of funds for Oklahoma Education 2000 Challenge.

A portion of the funds appropriated for the Administrative and Support Functions of the State Department of Education shall be allocated for the purpose of implementing the reforms in the Oklahoma Education 2000 Challenge Act, enacted by Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma Legislature and Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature.

Added by Laws 1995, c. 305, § 8, eff. July 1, 1995.

§70-3-123.1.  Review of legislative provisions for duplication or conflict in mandates.

The State Department of Education shall conduct a review of provisions of Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature as amended, Enrolled House Bill No. 1759 of the 1st Regular Session of the 47th Oklahoma Legislature as amended, and the federal Elementary and Secondary Education Act, P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, to determine if there is a duplication of or a conflict in the legislative mandates in each act.  The Department shall submit a report of the review to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the chairs of the House of Representatives Education Committee, the Senate Education Committee, the House of Representatives Appropriation and Budget Education Subcommittee, and the Senate Appropriation and Budget Education Subcommittee for review by the House and Senate staff no later than September 1, 2003.

Added by Laws 2003, c. 434, § 1.

§70-3-124.  Short title.

This act shall be known and may be cited as the "Educational Deregulation Act".

Added by Laws 1995, c. 307, § 1, eff. July 1, 1995.

§70-3-125.  Purpose of act.

The purpose of this act is to ensure that local schools have the necessary freedom to innovate and improve education systems in order to maximize student learning and performance.  Pursuant to this purpose, school districts shall be allowed to develop, make application for and implement educational improvement plans which would exempt the school district, a school site or any program, grade level, consortium of schools or school districts or other group within the district from the educational-related statutory regulations set forth in subsection D of Section 3 of this act and the State Board of Education rules.  The plans submitted by school districts and approved by the State Board of Education should emphasize innovation, flexibility, and collaboration at the local school level, accountability at the state and local level, dissemination of results, and strict emphasis on improved student achievement.

Added by Laws 1995, c. 307, § 2, eff. July 1, 1995.

§70-3-126.  Educational improvement plans - Components - Exemptions from statutory requirements and State Board of Education rules.

A.  A school district may develop an educational improvement plan which includes exemption from the educational-related statutory requirements set forth in subsection C of this section and State Board of Education rules for the school district, a school site or any program, grade level, consortium of schools or school districts or other group within the school district.  The board of education of the school district shall, through adoption of a resolution, approve the plan prior to application being made to the State Board of Education.

B.  Each educational improvement plan approved by the State Board of Education shall include the following components:

1.  A description of the educational benefits to be derived;

2.  A definition of the standards of the plan;

3.  Development of definitive work products, such as site improvement plans and progress reports;

4.  Demonstration of collaboration by teachers, administrators, higher education representatives, students, parents/families, and the community;

5.  Development and the use of an assessment mechanism to determine progress in meeting the goals and objectives of the plan;

6.  Development of an in-service training plan to be provided to personnel at the site who will participate in the project;

7.  Report on the results of the plan to the State Board of Education and provision of appropriate technical assistance to other school districts and the State Department of Education as required; and

8.  Explanation of how the plan will affect other schools, programs or sites in the district.

C.  Each educational improvement plan shall include a list of the specific educational-related statutory requirements and State Board of Education rules the school district is requesting an exemption from and why each exemption is necessary to success of the plan.  The school district shall not be granted an exemption from federal educational-related requirements.  A school district may request an exemption from any statutory requirement or State Board of Education rule not related to bilingual and special education programs, health and safety provisions, school finance, State Aid, pupil formula weights, teacher salary and teacher retirement, the Oklahoma School Testing Program, the Oklahoma Educational Indicators Program and the teacher preparation, examination, licensure, certification, residency and professional development system.  The State Board of Education may grant district-wide exemptions from certification requirements for Library Media Specialists to districts experiencing a shortage in this area.  The State Board of Education may grant an exemption from certification requirements for superintendents to any district with an unweighted average daily membership over twenty-five thousand (25,000).

Added by Laws 1995, c. 307, § 3, eff. July 1, 1995.  Amended by Laws 1996, c. 343, § 1, eff. July 1, 1996; Laws 1999, c. 311, § 1, emerg. eff. June 4, 1999; Laws 2001, c. 24, § 1, emerg. eff. April 3, 2001.

§70-3-127.  Approval by State Board of Education.

A.  Prior to the adoption of a resolution by the local board of education as required in subsection A of Section 3-126 of this title, the local board of education shall provide for a period of public review and comment on the proposed educational improvement plan and shall notify and allow comment from the district bargaining agent of the plan.  If no bargaining agent exists for that district, the teachers directly effected shall be notified and allowed to make comments.  All comments, recommendations and objections made by the bargaining agent and others to the local board of education shall be forwarded to the State Board of Education for consideration prior to review of the plan.

B.  Each educational improvement plan shall be approved by the State Board of Education before implementation.

C.  Approval of a plan shall be for no longer than three (3) years.  If a plan is approved, the school district shall be required to submit an annual report and the Board shall provide for an annual assessment of the plan.

D.  The Board shall notify the Speaker of the House of Representatives and the President Pro Tempore of the Senate of the approval of plans on a quarterly basis and shall provide the Speaker and the President Pro Tempore with copies of the annual reports and assessments.

E.  If the Board determines through the annual assessment process that the school district is not complying with the requirements of the Educational Deregulation Act or is not meeting the goals of the plan, it shall first provide notice to the district of its findings. If the school district does not come into compliance or take action to meet the goals of the plan, the Board shall withdraw approval and terminate the plan.

Added by Laws 1995, c. 307, § 4, eff. July 1, 1995.  Amended by Laws 1996, c. 343, § 2, eff. July 1, 1996.

§70-3-128.  Rules.

The State Board of Education shall promulgate rules to implement the provisions of this act.

Added by Laws 1995, c. 307, § 6, eff. July 1, 1995.

§70-3-130.  Short title.

Sections 6 through 18 of this act shall be known and may be cited as the "Oklahoma Charter Schools Act".

Added by Laws 1999, c. 320, § 5, eff. July 1, 1999.

§70-3-131.  Purpose.

A.  The purpose of the Oklahoma Charter Schools Act is to:

1.  Improve student learning;

2.  Increase learning opportunities for students;

3.  Encourage the use of different and innovative teaching methods;

4.  Provide additional academic choices for parents and students;

5.  Require the measurement of student learning and create different and innovative forms of measuring student learning;

6.  Establish new forms of accountability for schools; and

7.  Create new professional opportunities for teachers and administrators including the opportunity to be responsible for the learning program at the school site.

B.  The purpose of the Oklahoma Charter Schools Act is not to provide a means by which to keep open a school that may otherwise be closed.  Applicants applying for a charter for a school which is to be otherwise closed shall be required to prove that conversion to a charter school fulfills the purposes of the act independent of closing the school.  Nothing in this section shall be interpreted to preclude a school designated as a "high challenge school" from becoming a charter school.

Added by Laws 1999, c. 320, § 6, eff. July 1, 1999.

§70-3-132.  Charter schools - Application - Pilot program.

A.  The Oklahoma Charter Schools Act shall apply only to charter schools formed and operated under the provisions of the act.  Charter schools shall be sponsored only as follows:

1.  By a local school district with an average daily membership of five thousand (5,000) or more and which all or part of the school district is located in a county having more than five hundred thousand (500,000) population according to the latest federal Decennial Census; or

2.  By a technology center school district only when the charter school is located in a local school district served by the technology center school district and only if the local school district has an average daily membership of five thousand (5,000) or more and which all or part of the local school district is located in a county having more than five hundred thousand (500,000) population according to the latest federal Decennial Census.

Additional charter schools may be sponsored as provided for in Section 3-133 of this title.

Charter schools formed pursuant to the act shall serve as a pilot program to demonstrate the potential of expanding charter schools to other parts of the state.  Any charter or enterprise school operating in the state pursuant to an agreement with the board of education of a school district on July 1, 1999, may continue to operate pursuant to that agreement or may contract with the board of education of the school district pursuant to the Oklahoma Charter Schools Act.  Nothing in the Oklahoma Charter Schools Act shall prohibit a school district from applying for exemptions from certain education-related statutory requirements as provided for in the Education Deregulation Act.

B.  For purposes of the Oklahoma Charter Schools Act, "charter school" means a public school established by contract with a board of education of a school district or an area vocational-technical school district pursuant to the Oklahoma Charter Schools Act to provide learning that will improve student achievement and as defined in the Elementary and Secondary Education Act of 1965, 20 U.S.C. 8065.

C.  A charter school may consist of a new school site, new school sites or all or any portion of an existing school site.  An entire school district may not become a charter school site.

Added by Laws 1999, c. 320, § 7, eff. July 1, 1999.  Amended by Laws 2000, c. 232, § 5, eff. July 1, 2000; Laws 2001, c. 33, § 67, eff. July 1, 2001.

§70-3-133.  Charter schools - Sponsorship.

In addition to charter schools sponsored as provided for in subsection A of Section 3-132 of this title, charter schools shall be sponsored only as follows:

1.  By a local school district with an average daily membership of five thousand (5,000) or more and which all or part of the school district is located in a county which is contiguous with a county having more than five hundred thousand (500,000) population according the latest federal Decennial Census; or

2.  By a technology center school district only when the charter school is located in a local school district served by the technology center school district and only if the local school district has an average daily membership of five thousand (5,000) or more and which all or part of the local school district is located in a county which is contiguous with a county having more than five hundred thousand (500,000) population according to the latest federal Decennial Census.

No charter school shall be chartered in School District I029 in County No. 14 and School District I027 in County No. 9.

Added by Laws 1999, c. 320, § 8, eff. July 1, 1999.  Amended by Laws 2000, c. 232, § 6, eff. July 1, 2000; Laws 2001, c. 33, § 68, eff. July 1, 2001.

§70-3-134.  Proposal to establish charter school.

A.  An applicant seeking to establish a charter school shall first submit a written proposal to the proposed sponsor as prescribed in subsection D of this section.  The proposal shall include:

1.  A mission statement for the charter school;

2.  A description of the organizational structure and the governing body of the charter school;

3.  A financial plan for the first three (3) years of operation of the charter school and a description of the treasurer or other officers or persons who shall have primary responsibility for the finances of the charter school.  Such person shall have demonstrated experience in school finance or the equivalent thereof;

4.  A description of the hiring policy of the charter school;

5.  The name of the applicant or applicants and requested sponsor;

6.  A description of the facility and location of the charter school;

7.  A description of the grades being served;

8.  An outline of criteria designed to measure the effectiveness of the charter school; and

9.  A demonstration of support for the charter school from residents of the school district which may include but is not limited to a survey of the school district residents or a petition signed by residents of the school district.

B.  A board of education of a public school district, public body, public or private college or university, private person, or private organization may contract with a sponsor to establish a charter school.  A private school shall not be eligible to contract for a charter school under the provisions of the Oklahoma Charter Schools Act.

C.  The sponsor of a charter school is the board of education of a local school district or a technology center school district which meets the criteria established in Section 3-132 of this title.  Any board of education of a school district in the state may sponsor one or more charter schools.  The physical location of a charter school sponsored by a board of education of a local school district or a technology center school district shall be within the boundaries of the sponsoring school district.

D.  An applicant for a charter school may submit an application to a board of education of a school district or a technology center school district which shall either accept or reject sponsorship of the charter school within ninety (90) days of receipt of the application.  If the board rejects the application, it shall notify the applicant in writing of the reasons for the rejection.  The applicant may submit a revised application for reconsideration to the board within thirty (30) days after receiving notification of the rejection.  The board shall accept or reject the revised application within thirty (30) days of its receipt.

E.  A board of education of a school district or a technology center school district shall notify the State Board of Education when the board accepts sponsorship of a charter school.  The notification shall include a copy of the charter of the charter school.

F.  If a board of education rejects the revised application for a charter school, the applicant may proceed to mediation or binding arbitration or both mediation and binding arbitration as provided in the Dispute Resolution Act and the rules promulgated pursuant thereto.  The applicant shall contact the early settlement program for the county in which the charter school would be located.  If the parties proceed to binding arbitration, a panel of three arbitrators shall be appointed by the director of the early settlement program handling the dispute.  The board of education shall pay the cost for any mediation or arbitration requested pursuant to this section.

Added by Laws 1999, c. 320, § 9, eff. July 1, 1999.  Amended by Laws 2001, c. 33, § 69, eff. July 1, 2001.

§70-3-135.  Sponsor to contract with governing board - Contents of contract.

A.  The sponsor of a charter school shall enter into a written contract with the governing body of the charter school.  The contract shall incorporate the provisions of the charter of the charter school and contain, but shall not be limited to, the following provisions:

1.  A description of the program to be offered by the school which complies with the purposes outlined in Section 11 of this act;

2.  Admission policies and procedures;

3.  Management and administration of the charter school;

4.  Requirements and procedures for program and financial audits;

5.  A description of how the charter school will comply with the charter requirements set forth in the Oklahoma Charter Schools Act;

6.  Assumption of liability by the charter school; and

7.  The term of the contract.

B.  A charter school shall not enter into an employment contract with any teacher or other personnel until the charter school has a contract with a sponsoring school district.  The employment contract shall set forth the personnel policies of the charter school, including, but not limited to, policies related to certification, professional development evaluation, suspension, dismissal and nonreemployment, sick leave, personal business leave, emergency

leave, and family and medical leave.  The contract shall also specifically set forth the salary, hours, fringe benefits, and work conditions.  The contract may provide for employer-employee bargaining, but the charter school shall not be required to comply with the provisions of Sections 509.1 through 509.10 of Title 70 of the Oklahoma Statutes.  The contract shall conform to all applicable provisions set forth in Section 11 of this act.

Upon contracting with any teacher or other personnel, the governing body of the charter school shall, in writing, disclose employment rights of the employees in the event the charter school closes or the charter is not renewed.

Added by Laws 1999, c. 320, § 10, eff. July 1, 1999.

§70-3-136.  Rules and standards to be incorporated into charter.

A.  A charter school shall adopt a charter which will ensure compliance with the following:

1.  A charter school shall comply with all federal regulations and state and local rules and statutes relating to health, safety, civil rights and insurance.  By January 1, 2000, the State Department of Education shall prepare a list of relevant rules and statutes which a charter school must comply with as required by this paragraph and shall annually provide an update to the list;

2.  A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations.  A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or religious institution;

3.  The charter school shall provide a comprehensive program of instruction for at least a kindergarten program or any grade between grades one and twelve.  Instruction may be provided to all persons between the ages of five (5) and twenty-one (21) years.  A charter school may offer a curriculum which emphasizes a specific learning philosophy or style or certain subject areas such as mathematics, science, fine arts, performance arts, or foreign language.  The charter of a charter school which offers grades nine through twelve shall specifically address whether the charter school will comply with the graduation requirements established in Section 11-103.6 of this title.  No charter school shall be chartered for the purpose of offering a curriculum for deaf or blind students that is the same or similar to the curriculum being provided by or for educating deaf or blind students that are being served by the Oklahoma School for the Blind or the Oklahoma School for the Deaf;

4.  A charter school shall participate in the testing as required by the Oklahoma School Testing Program Act and the reporting of test results as is required of a school district.  A charter school shall also provide any necessary data to the Office of Accountability;

5.  Except as provided for in the Oklahoma Charter Schools Act and its charter, a charter school shall be exempt from all statutes and rules relating to schools, boards of education, and school districts;

6.  A charter school, to the extent possible, shall be subject to the same reporting requirements, financial audits, audit procedures, and audit requirements as a school district.  The State Department of Education or State Auditor and Inspector may conduct financial, program, or compliance audits.  A charter school shall use the Oklahoma Cost Accounting System to report financial transactions to the sponsoring school district;

7.  A charter school shall comply with all federal and state laws relating to the education of children with disabilities in the same manner as a school district;

8.  A charter school shall provide for a governing body for the school which shall be responsible for the policies and operational decisions of the charter school;

9.  A charter school shall not be used as a method of generating revenue for students who are being home schooled and are not being educated at an organized charter school site;

10.  A charter school may not charge tuition or fees;

11.  A charter school shall provide instruction each year for at least the number of days required in Section 1-109 of this title;

12.  A charter school shall comply with the student suspension requirements provided for in Section 24-101.3 of this title;

13.  A charter school shall be considered a school district for purposes of tort liability under the Governmental Tort Claims Act;

14.  Employees of a charter school may participate as members of the Teachers' Retirement System of Oklahoma in accordance with applicable statutes and rules if otherwise allowed pursuant to law;

15.  A charter school may participate in all health and related insurance programs available to the employees of the sponsor of the charter school;

16.  A charter school shall comply with the Oklahoma Open Meeting Act and the Oklahoma Open Records Act; and

17.  The governing body of a charter school shall be subject to the same conflict of interest requirements as a member of a local school board.

B.  The charter of a charter school shall include a description of the personnel policies, personnel qualifications, and method of school governance, and the specific role and duties of the sponsor of the charter school.

C.  The charter of a charter school may be amended at the request of the governing body of the charter school and upon the approval of the sponsor.

D.  A charter school may enter into contracts and sue and be sued.

E.  The governing body of a charter school may not levy taxes or issue bonds.

F.  The charter of a charter school shall include a provision specifying the method or methods to be employed for disposing of real and personal property acquired by the charter school upon expiration or termination of the charter or failure of the charter school to continue operations.  Any real or personal property purchased with state or local funds shall be retained by the sponsoring school district.

Added by Laws 1999, c. 320, § 11, eff. July 1, 1999.  Amended by Laws 2000, c. 232, § 7, eff. July 1, 2000.

§70-3-137.  Duration of contract - Renewal - Termination.

A.  An approved contract for a charter school shall be effective for not longer than three (3) years from the first day of operation.  Prior to the beginning of the third year of operation, the charter school may apply for renewal of the contract with the sponsor.  The sponsor may deny the request for renewal if it determines the charter school has failed to complete the obligations of the contract or comply with the provisions of the Oklahoma Charter Schools Act.  A sponsor shall give written notice of its intent to deny the request for renewal at least eight (8) months prior to expiration of the contract.

B.  If a sponsor denies a request for renewal, the governing board may proceed to mediation or binding arbitration or both as provided for in subsection F of Section 3-134 of this title.

C.  A sponsor may terminate a contract during the term of the contract for failure to meet the requirements for student performance contained in the contract, failure to meet the standards of fiscal management, violations of the law, or other good cause.  The sponsor shall give at least ninety (90) days' written notice to the governing board prior to terminating the contract.  The governing board may request, in writing, an informal hearing before the sponsor within fourteen (14) days of receiving notice.  The sponsor shall conduct an informal hearing before taking action.  If a sponsor decides to terminate a contract, the governing board may proceed to mediation or binding arbitration or both as provided for in subsection F of Section 3-134 of this title.

D.  If a contract is not renewed or is terminated according to this section, a student who attended the charter school may enroll in the resident school district of the student or may apply for a transfer in accordance with Section 8-103 of this title.

Added by Laws 1999, c. 320, § 12, eff. July 1, 1999.  Amended by Laws 2003, c. 434, § 6; Laws 2004, c. 472, § 1, emerg. eff. June 7, 2004.

§70-3-138.  Reprisal against school employee seeking to establish charter school.

A board of education of a school district or an employee of the district who has control over personnel actions shall not take unlawful reprisal action against an employee of the school district for the reason that the employee is directly or indirectly involved in an application to establish a charter school.  As used in this section, "unlawful reprisal" means an action that is taken by a board of education or a school district employee as a direct result of a lawful application to establish a charter school and that is adverse to an employee or an education program.

Added by Laws 1999, c. 320, § 13, eff. July 1, 1999.

§70-3-139.  Status of teacher returning to public school from charter school.

A.  A sponsoring school district shall determine whether a teacher who is employed by or teaching at a charter school and who was previously employed as a teacher at the sponsoring public school district shall not lose any right of salary status or any other benefit provided by law due to teaching at a charter school upon returning to the sponsoring public school district to teach.

B.  A teacher who is employed by or teaching at a charter school and who submits an employment application to the school district where the teacher was employed immediately before employment by or at a charter school shall be given employment preference by the school district if:

1.  The teacher submits an employment application to the school district no later than three (3) years after ceasing employment with the school district; and

2.  A suitable position is available at the school district.

Added by Laws 1999, c. 320, § 14, eff. July 1, 1999.

§70-3-140.  Student eligibility - Districts - Preferences - Discrimination.

A.  A charter school shall enroll those students whose legal residence is within the boundaries of the school district in which the charter school is located and who submit a timely application, or those students who transfer to the district in which the charter school is located in accordance with Section 8-103 of Title 70 of the Oklahoma Statutes, unless the number of applications exceeds the capacity of a program, class, grade level, or building.  If capacity is insufficient to enroll all eligible students, the charter school shall select students through a lottery selection process.  A charter school shall give enrollment preference to eligible students who reside within the boundaries of the school district in which the charter school is located.  A charter school may limit admission to students within a given age group or grade level.

B.  A charter school shall admit students who reside in the attendance area of a school or in a school district that is under a court order of desegregation or that is a party to an agreement with the United States Department of Education Office for Civil Rights directed towards mediating alleged or proven racial discrimination unless notice is received from the resident school district that admission of the student would violate the court order or agreement.

C.  A charter school may designate a specific geographic area within the school district in which the charter school is located as an academic enterprise zone and may limit admissions to students who reside within that area.  An academic enterprise zone shall be a geographic area in which sixty percent (60%) or more of the children who reside in the area qualify for the free or reduced school lunch program.

D.  Except as provided in subsections B an C of this section, a charter school shall not limit admission based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measures of achievement, aptitude, or athletic ability.

Added by Laws 1999, c. 320, § 15, eff. July 1, 1999.

§70-3-141.  Transportation.

A.  Transportation shall be provided by the charter school in accordance with Sections 9-101 through 9-118 of Title 70 of the Oklahoma Statutes and only within the transportation boundaries of the school district in which the charter school is located.

B.  A charter school shall provide the parent or guardian information regarding transportation at the time the student enrolls in the charter school.

Added by Laws 1999, c. 320, § 16, eff. July 1, 1999.

§70-3-142.  Funding.

A.  For purposes of funding, a charter school shall be considered a site within the school district in which the charter school is located and the student membership of the charter school shall be included in the average daily membership of the school district.  A charter school shall receive, for each student, the school district's average local and county revenue which is chargeable in the State Aid formula, state dedicated revenue, and state-appropriated funds per average daily membership generated by its students for the applicable year, less up to five percent (5%) of the total, which may be retained by the school district as a fee for administrative services rendered.  The State Board of Education shall determine the policy and procedure for making payments to a charter school.

B.  The average daily membership for the first year of operation of a charter school shall be determined initially using an estimated student count based on actual registration of students before the beginning of the school year.  After the first nine (9) weeks in session for the first year of operation, the charter school shall revise the average daily membership to equal the actual average daily membership of the charter school.  If the average daily membership was overestimated or underestimated, the budget of the school shall be revised.

C.  A charter school shall be eligible to receive any other aid, grants or revenues allowed to other schools.

D.  A charter school, in addition to the money received from the state, may receive money from any other source.  Any unexpended nonstate funds, excluding local revenue, may be reserved and used for future purposes.

Added by Laws 1999, c. 320, § 17, eff. July 1, 1999.  Amended by Laws 2004, c. 472, § 2, emerg. eff. June 7, 2004.

§70-3-143.  Reports.

The State Board of Education shall issue an annual report to the Legislature and the Governor outlining the status of charter schools in the state.  Each charter school shall annually file a report with the Office of Accountability.  The report shall include such information as requested by the Office of Accountability, including but not limited to information on enrollment, testing, curriculum, finances and employees.

Added by Laws 1999, c. 320, § 18, eff. July 1, 1999.

§70-3-144.  Charter Schools Incentive Fund.

A.  There is hereby created in the State Treasury a fund to be designated the "Charter Schools Incentive Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated by the Legislature, gifts, grants, devises and donations from any public or private source.  The State Department of Education shall administer the fund for the purpose of providing financial support to charter school applicants and charter schools for start-up costs and costs associated with renovating or remodeling existing buildings and structures for use by a charter school.  The State Department of Education is authorized to allocate funds on a per-pupil basis for purposes of providing matching funds for the federal State Charter School Facilities Incentive Grants Program created pursuant to the No Child Left Behind Act, 20 USCA, Section 7221d.

B.  The State Board of Education shall adopt rules to implement the provisions of this section, including application and notification requirements.

Added by Laws 1999, c. 351, § 16, emerg. eff. June 8, 1999.  Amended by Laws 2004, c. 472, § 3, emerg. eff. June 7, 2004.

§70-3-150.  Academic Performance Index.

A.  The State Board of Education shall develop an Academic Performance Index (API) to be used to measure performance of schools, including the academic performance of students.  The index shall consist of a variety of indicators including, but not limited to:

1.  Attendance rates for students;

2.  Dropout rates;

3.  Results of the Oklahoma School Testing Program administered pursuant to Section 1210.508 of this title;

4.  Advanced Placement participation;

5.  Graduation rates for secondary school students;

6.  Scores of the American College Test (ACT); and

7.  College remediation rates.

B.  The data collected for the API shall be disaggregated, when available, by socioeconomic status and ethnic group.  Oklahoma School Testing Program results shall constitute no less than sixty percent (60%) of the value of the index.

C.  Based on the API, the State Board of Education shall adopt expected annual percentage growth targets for the state level, school districts, and all school sites based on their API baseline score.  The minimum percentage growth target shall be five percent (5%) annually.  However, the State Board of Education may set differential growth targets based on grade level of instruction.

Added by Laws 1999, c. 320, § 35, eff. July 1, 1999.  Amended by Laws 2001, c. 413, § 1, eff. July 1, 2001.

§70-3-151.  Reports on index.

A.  On or before December 31, 1999, the State Board of Education shall file a report with the Governor and the Legislature setting out the plan for establishing the Academic Performance Index.  Thereafter, on or before December 31 and every year thereafter the Board shall file a report with the Governor and the Legislature on the state, district, and site results of this program.

B.  On or before July 13, 2001, the State Board of Education shall file a report with the Governor and the Legislature setting out the draft formula to be used for the Academic Performance Index.

C.  On or before September 30, 2001, the State Board of Education shall file a report with the Governor and the Legislature setting out the formula to be used for the Academic Performance Index.

D.  On or before February 28, 2002, the State Board of Education shall file a report with the Governor and the Legislature containing the final baseline Academic Performance Index.

E.  The State Department of Education shall notify school districts of the status of implementation of the Academic Performance Index, including the deadlines and information to be reported as required in subsections B, C and D of this section.

Added by Laws 1999, c. 320, § 36, eff. July 1, 1999.  Amended by Laws 2001, c. 413, § 2, eff. July 1, 2001.

§70-3-152.  Repealed by Laws 2005, c. 466, § 2, eff. July 1, 2005.

§70-3-152.1.  Academic Achievement Award program.

A.  The State Board of Education shall develop an Academic Achievement Award (AAA) program.  The AAA program shall provide monetary awards to qualified employees at schools that attain the highest overall student achievement and the highest annual improvement in student achievement as measured by the Academic Performance Index (API) in each of five groups based on average daily membership (ADM) as provided for in subsection C of this section.

B.  1.  No later than January 31 of each year, the State Board of Education shall provide a monetary award to all qualified employees at school sites designated as recipients of the Academic Achievement Award as calculated pursuant to this section.

2.  The Board shall determine the amount of funds available for the AAA program, which shall include funds appropriated for the AAA program and may include other funds identified by the Board, which may be used for this purpose.

3.   a. The Board shall determine the school site in each of the groups as designated in subsection C of this section that has achieved the highest overall student achievement as measured by the API as calculated pursuant to Section 3-150 of Title 70 of the Oklahoma Statutes.

b. The Board shall determine the school site in each of the groups as designated in subsection C of this section that has achieved the highest annual percentage improvement in student achievement as measured by the API score as compared to the previous year.

c. In the event of tie scores, the Board shall select the school with the highest annual percentage improvement in student achievement as measured by the API score as compared to the previous year.  If a tie still exists, the Board shall select the school with the highest annual percentage improvement in reading achievement as measured by the reading assessments administered pursuant to Section 1210.508 of Title 70 of the Oklahoma Statutes.

4.  The amount of funds available shall be divided by the total number of qualified employees at each of the schools identified as award recipients to determine the amount of the monetary award to be paid to each qualified employee.

C.  Groups shall be designated based on average daily membership (ADM) as follows:

1.  Group 1 - 0 to 135 ADM;

2.  Group 2 - 136 to 235 ADM;

3.  Group 3 - 236 to 345 ADM;

4.  Group 4 - 346 to 505 ADM; and

5.  Group 5 - 506 or more ADM.

D.  For purposes of this section, "qualified employees" means all certified personnel employed for at least one-half (1/2) of the school year from which the student test data was derived and at least one-half (1/2) of the school year during which the awards provided for in this section will be paid.

E.  No school or school district shall be liable for payment of awards pursuant to this section.  Awards shall not be included in the calculation of a teacher's salary for purposes of meeting the district or statutory minimum salary schedule or for purposes of calculating Oklahoma Teachers' Retirement System contributions or benefits.

F.  The State Board of Education shall promulgate rules necessary for the implementation of this section.

Added by Laws 2005, c. 466, § 1, eff. July 1, 2005.

§70-3-153.  Reporting of plans to state board - Exemptions.

Except for school districts with one or more school sites which are identified for school improvement as determined by the State Board of Education pursuant to the requirements of the No Child Left Behind Act of 2001, P.L. No. 107-110, all school districts shall be exempt from reporting to the Board the following plans:

1.  The Comprehensive Local Education Plan as required in Section 3-104.2 of this title;

2.  The school improvement plan as required in Section 5-117.4 of this title;

3.  The professional development plan as required in Section 6-194 of this title;

4.  The capital improvement plan as required in Section 18-153 of this title; and

5.  The reading sufficiency plan as required in Section 1210.508C of this title, subject to the requirements of paragraph 1 of subsection F of Section 1210.508C of this title; provided the last reading sufficiency plan submitted by the school district was approved by the State Department of Education and expenditures for the program include only expenses relating to individual and small group tutoring, purchase of and training in the use of screening and assessment measures, summer school programs, and Saturday school programs.  Prior approval from the State Department of Education shall be required for other types of expenditures.

Added by Laws 2001, c. 242, § 1, eff. July 1, 2001.  Amended by Laws 2005, c. 431, § 1, eff. Sept. 1, 2005.

§70-3-154.  Review of plans by regional accreditation officer.

Each plan listed in Section 1 of this act and which is not required to be submitted to the State Department of Education shall be reviewed by a regional accreditation officer at the time of the annual visit to the school district by an officer.

Added by Laws 2001, c. 242, § 2, eff. July 1, 2001.

§70-3-155.  Study and assessment of information and reports.

The State Board of Education shall study and assess ways to eliminate, reduce, consolidate, and simplify the number, type, and length of reports, data, statistics, and other information required of any school district or school district personnel by the Board or State Department of Education.  Subject to the availability of funding, the Board is hereby authorized to retain a consultant or expert as may be necessary to complete the study.  The study shall include the feasibility of coordinating reporting dates and shall identify all requirements for maintaining, completing and filing records and reports mandated by law or rule and make recommendations for any amendments that may be necessary to the law or rules to implement the recommendations reported in the study.  In conducting research for the study, the Board shall provide for the input and participation of school districts and school district personnel.  By December 31, 2005, the Board shall issue a preliminary report of any findings and recommendations collected prior to that date.  Upon the availability of funding, the Board shall complete the findings and recommendations of the study and shall file a final report with the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the Senate.

Added by Laws 2005, c. 290, § 2, emerg. eff. June 6, 2005.

§70-3-160.  State student record system - Development and implementation in compliance with federal requirements.

A.  In developing and implementing a state student record system, as required in Subsection E of Section 18-200.1 of Title 70 of the Oklahoma Statutes, and as needed to comply with the tracking and reporting requirements of the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the "No Child Left Behind Act of 2001", the State Department of Education shall construct the system to contain the following elements and comply with the following standards and compliance capabilities:

1.  Extensible Markup Language (XML), which defines common data formats used during communication between disparate systems;

2.  Web services protocol developed by the World Wide Web Consortium, which enables systems that are physically separated but connected to the Internet to be combined to permit complex operations;

3.  Schools Interoperability Framework (SIF) version 1.5 specifications, or any updated versions of the specifications, which enable school district software management systems to communicate with each other.  The student record system shall include, but not be limited to, the specifications for course identifiers, state standard formatting, content formatting, and assessment formatting specification;

4.  United States Department of Education Performance-Based Data Management Initiative (PBDMI) data exchange guidelines with data elements capable of providing reporting on federal educational programs; and

5.  Defined state data codes to ensure consistent reporting from school districts including, but not limited to, data codes for course identifiers, entries, gains, and losses.  Current data codes for teacher certification and the Oklahoma Cost Accounting System shall be extended to match other defined data codes.

B.  By the 2005-2006 school year, any student information system and any instructional management system used by school districts in the state shall comply with the Extensible Markup Language (XML) standards and the Schools Interoperability Framework (SIF) version 1.5 specifications, or any updated versions of the specifications.

Added by Laws 2003, c. 430, § 2, eff. July 1, 2003.

§70-3-161.  Student Tracking and Reporting (STAR) Pilot Program.

A.  There is hereby created the Student Tracking and Reporting (STAR) Pilot Program.  The purpose of the Pilot Program shall be to provide for the development and implementation of a horizontal school district and school site level student data management and reporting system based on the Schools Interoperability Framework (SIF) industry open-standard.  The developed student data management and reporting system shall provide horizontal articulation of student academic data, student demographic data and other relevant student information.  Horizontal articulation shall assimilate the data from the classroom level, to the school site level, and to the district level, with the capability to analyze and disseminate the data back to the school site and classroom level when required by teachers and administrators to support informed and improved classroom instruction.  The student data management and reporting system shall vertically interoperate with the Oklahoma State Student Information System, referred to as the Wave Program.  Vertical interoperability shall allow for the student data management and reporting system to exchange necessary and requested student data elements with the Wave Program.  Nothing in this section shall prohibit the State Board of Education from developing and defining student data elements necessary for the Wave Program.  The Pilot Program shall incorporate the following objectives:

1.  Provide for academic performance reporting at the district level for all students in grade levels five, eight, ten and twelve.  Academic performance reporting shall include report card grades, student performance results from multiple standardized assessments, including at least one norm-referenced assessment, Oklahoma State Testing Program results for grade levels five, eight, and End-of-Instruction assessments, and ACT college entrance examination scores when applicable;

2.  Provide for a horizontal data aggregation system at the school district and site level that facilitates storage, retrieval and distribution of data both horizontally, at the school district and site levels, and vertically to the Wave Program, including all necessary student data elements to support academic performance reporting;

3.  Provide for a reporting structure at the district level that shall address all state and federal reporting requirements, including those specified in the federal act known as the No Child Left Behind Act (NCLB), and data elements used in determining district and site performance levels for the Academic Performance Index.  The district level reporting structure shall also provide for the transfer of aggregated school district and site level data in Extensible Markup Language (XML), an industry open-standard data format, to both state and federal agencies if required by the agencies in an aggregated format;

4.  Develop, define and implement necessary data elements and codes to meet reporting requirements to support horizontal articulation of data at the district and site level and to provide effective transfer of data for state and federal reporting.  Provided, that if SIF or the State Board of Education has not defined data elements and codes necessary for the development of the student data management and reporting system, the participating pilot program school districts may create the necessary data elements and codes to support horizontal articulation of data at district and site levels and to provide effective transfer of data for state and federal reporting requirements.  Nothing in this paragraph shall prohibit the State Board of Education from defining data elements and codes not defined in the SIF specifications for the Wave Program and from requiring all school districts, including the pilot program school districts, to use the data elements for the vertical transfer of data.  These data elements and codes may include, but are not limited to, expanded student entry, gain and loss codes and unique course identification codes;

5.  Provide for a historical data warehousing system at the school district and site levels to archive and retrieve comprehensive student data in order to provide all Pilot Program teachers and administrators with the necessary student academic performance indicators, including report card grades and multiple assessment data, to inform and improve instructional programs at the classroom level;

6.  Provide for the aggregation of student performance credentialing at both school district and site levels.  The Pilot Program schools shall develop credentialing criteria that shall include, but is not limited to, all areas of academic performance as outlined in paragraph 1 of this subsection, plus additional performance indicators pertaining to life skills, citizenship, and when applicable, employability skills and career awareness/exploration.  Pilot Program schools shall develop a summary or condensed portfolio of student credentialing results within the transcript of all graduating students, to include cumulative credentialing data for students from grades six through twelve.  The student credentialing portfolio shall be developed so that it can be electronically distributed via secure vertical transmission.  Any transmission of a student portfolio to institutions of higher education and to other entities such as potential employers shall comply with the provisions of the Family Education Rights & Privacy Act (FERPA);

7.  Provide for a continuous school and student improvement framework through the measurement of comprehensive, cumulative student growth by analyzing multiple academic performance measurements.  Such measurements shall document relative growth over time so as to determine continuous improvement at the individual student, grade and school-wide levels; and

8.  Provide for professional development in the use of techniques and tools to improve student achievement to teachers in the Pilot Program.  Provide training to administrators and support personnel in the implementation of the student data management and reporting system.

B.  The student data management and reporting system shall be designed to deliver specific data to the Wave Program as is required.  Options shall be explored to facilitate the future development of secure data delivery systems at district and site levels that shall provide information to parents, students, teachers, administrators and the community regarding student, site and district level academic growth.

C.  The Pilot Program participants shall utilize a system for data articulation and continuous improvement that is currently being utilized or developed by a school district or districts in the state as the model for the Student Tracking and Reporting Pilot Program.  The model system shall include the following proven capabilities:

1.  Proven systemic methodology to electronically generate state and federal reports;

2.  Proven methodology to manage, analyze, and securely deliver student academic and performance data to administrators and teachers;

3.  Two (2) or more years implementing a horizontal articulation solution based on the SIF specifications; and

4.  One (1) or more years implementing a horizontal articulation solution allowing for interoperability between multiple SIF specification versions and with a demonstrated capacity in using a Zone Integration Server (ZIS) application that provides for the exchange of student data between more than five disparate education software systems and a ZIS that utilizes more than five industry-built SIF agents.

D.  There is hereby created the Student Tracking and Reporting (STAR) Coordinating Committee.  The Committee shall consist of five (5) members as follows:

1.  One member to be appointed by the Speaker of the Oklahoma House of Representatives;

2.  One member to be appointed by the President Pro Tempore of the Senate;

3.  One member to be appointed by the Governor;

4.  One member to be appointed by the Superintendent of Public Instruction; and

5.  One member who represents OneNet appointed by the Chancellor of Higher Education.

E.  The State Superintendent of Public Instruction shall call the first meeting of the Committee within thirty (30) days after the effective date of this act.  The Committee shall select a Chair of the Committee from among the members at the first meeting.  Subsequent meetings of the Committee shall be held at the call of the Chair or by a quorum of the members.  The Committee shall meet at such times as is necessary.

F.  Members of the Committee shall receive no compensation for serving on the Committee, but shall receive travel reimbursement as follows:

1.  State agency employees who are members of the Committee shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act; and

2.  All other Committee members shall be reimbursed by the State Board of Education for travel expenses incurred in the performance of their duties on the Committee in accordance with the State Travel Reimbursement Act.

G.  The STAR Coordinating Committee shall select five public school districts to participate in the Pilot Program.  One school district shall be selected from each of the four quadrants of the state.  One school district shall be selected from a large urban area in the state based on population.  The Committee shall establish criteria, including but not limited to technical capacity and knowledge criteria, that school districts shall be required to meet in order to qualify to participate in the Pilot Program.  The Committee shall select the participating school districts by September 15, 2005.

H.  The STAR Coordinating Committee shall develop standards and procedures necessary for carrying out the objectives of the Pilot Program and for acquiring resources, materials, and software for the Pilot Program.

I.  At the direction of the STAR Coordinating Committee, the State Board of Education shall contract with experts or specialists and for training, materials, and software as is necessary to accomplish purposes of the Pilot Program.

J.  By July 1, 2006, the STAR Coordinating Committee shall report on the progress and developments accomplished through the Pilot Program.

Added by Laws 2005, c. 443, § 2, eff. July 1, 2005.

§70-3-162.  Enrollment - Collection of information regarding participation in certain programs.

A.  Beginning with the 2007-2008 school year, upon initial enrollment in a public school district, the school shall request the parent or guardian of a student to provide information to the school district regarding participation in the following:

1.  A childcare program that is licensed pursuant to the tiered licensing system established by the Department of Human Services;

2.  The Sooner Start program operated by the State Department of Education;

3.  The Oklahoma Parents as Teachers program operated by the State Department of Education;

4.  The Children First program operated by the State Department of Health;

5.  Any child abuse prevention program operated by the State Department of Health;

6.  Any federally funded Head Start program; and

7.  Any other early childhood program funded by state or federal monies as determined by the State Board of Education.

B.  The State Department of Education shall verify the accuracy of the information provided by the parents or guardians pursuant to subsection A of this section with the appropriate agency.  Each agency shall cooperate and provide verifying data to the Department.

C.  The State Department of Education shall develop state data elements and codes for each program identified pursuant to subsection A of this section for use in the statewide student record system program, which shall be used to provide effective reporting and research on the identified programs.  The codes shall be entered into the statewide student record system program upon initial enrollment of a student.

D.  The State Board of Education shall adopt rules to implement the provisions of this section.

Added by Laws 2005, c. 420, § 1, eff. July 1, 2005.

NOTE:  Editorially renumbered from § 3-161 to avoid a duplication in numbering.

§70-4.  Repealed by Laws 1941, p. 416, § 8.

§70-4-1.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-2.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-3.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-4.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-5.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-6.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-7.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-8.  Repealed by Laws 1951, c. 235, § 34.

§70-4-9.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-10.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-11.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-11.1.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-12.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-13.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-14.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-15.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-16.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-17.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-18.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-19.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-20.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-21.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-22.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-23.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-24.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-25.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-26.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-27.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-28.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-29.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-30.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-31.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-31a.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-32.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-33.  Repealed by Laws 1963, c. 275, § 3.

§70-4-33.1.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-34.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-35.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-36.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-37.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-38.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-39.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-40.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-41.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-42.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-43.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-44.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-45.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-46.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-47.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-48.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-49.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-4-101.  Abolition of office of county superintendent of schools.

As of July 1, 1993, the office of county superintendent of schools in and for each county in Oklahoma is hereby abolished.

Laws 1971, c. 281, § 4-101, eff. July 2, 1971; Laws 1972, c. 155, § 1, emerg. eff. April 7, 1972; Laws 1977, 1st Ex.Sess., c. 1, § 23, emerg. eff. June 21, 1977; Laws 1993, c. 239, § 22, eff. July 1, 1993.

§70-4-102.  Repealed by Laws 1980, c. 180, § 6, emerg. eff. May 13, 1980.

§70-4-103.  Repealed by Laws 1989, 1st Ex. Sess., c. 2, § 121, operative July 1, 1990.

§70-4-104.  School district boundaries - Duties of county clerk.

On or before the first day of January of each year, the county clerk or a designee of the county clerk shall obtain from the State Department of Education and furnish to the county assessor of the county a current description of the boundary of each and every school district or part of a district in the county and also notify the Oklahoma Tax Commission, the county assessor and county treasurer of the county of any and all changes in the boundaries of a school district lying wholly or in part in the county.

Laws 1971, c. 281, Section 4-104, eff. July 2, 1971; Laws 1991, c. 16, § 1, eff. July 1, 1991; Laws 1993, c. 239, § 23, eff. July 1, 1993.

§70-4-104.1.  Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.

§70-4-108.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§70-4-109.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§70-4-110.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§70-4-111.  Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.

§70-4-112.  Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.

§70-4-200.  Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.

§70-4-201.  Transfer and preservation of records - Additional salaries.

All records of a former county superintendent of schools shall be transferred to and are to be maintained and preserved by the county clerk of the county, who shall designate a deputy, aide, assistant or other employee of the county clerk's office to perform such duties.  The County Commissioners shall make space available in which the records can be maintained, preserved and made secure.  Except for those records specifically required by state or federal statutes to be kept confidential, public access shall be made available to all of the records.

After the records of a former county superintendent of schools are transferred to and the responsibility of maintaining the records are assigned to a deputy, aide, assistant or other employee of the county clerk's office, the county clerk and county commissioners of the county shall recommend to the county excise board that additional salary be considered for the employee based upon the additional responsibilities if funds are available and approved.  Any additional salary of such employee shall be subject to the limitations set forth in Section 180.65 of Title 19 of the Oklahoma Statutes.

Added by Laws 1992, c. 253, § 1, emerg. eff. May 22, 1992.  Amended by Laws 1993, c. 239, § 24, eff. July 1, 1993.

§70-5.  Repealed by Laws 1949, p. 607, art. 20, § 9.

§70-5-1.  Repealed by Laws 1965, c. 18, § 1.

§70-5-2.  Repealed by Laws 1965, c. 18, § 1.

§70-5-3.  Repealed by Laws 1965, c. 18, § 1.

§70-5-4.  Repealed by Laws 1965, c. 18, § 1.

§70-5-5.  Repealed by Laws 1965, c. 18, § 1.

§70-5-6.  Repealed by Laws 1965, c. 18, § 1.

§70-5-7.  Repealed by Laws 1965, c. 18, § 1.

§70-5-8.  Repealed by Laws 1965, c. 18, § 1.

§70-5-9.  Repealed by Laws 1965, c. 18, § 1.

§70-5-10.  Repealed by Laws 1955, p. 445, § 55.

§70-5-11.  Repealed by Laws 1965, c. 18, § 1.

§70-5-12.  Repealed by Laws 1955, p. 445, § 55.

§70-5-13.  Repealed by Laws 1955, p. 445, § 55.

§70-5-14.  Repealed by Laws 1955, p. 445, § 55.

§70-5-15.  Repealed by Laws 1953, p. 384, § 30.

§70-5-16.  Repealed by Laws 1955, p. 445, § 55.

§70-5-17.  Repealed by Laws 1955, p. 445, § 55.

§70-5-18.  Repealed by Laws 1955, p. 445, § 55.

§70-5-19.  Repealed by Laws 1955, p. 445, § 55.

§70-5-20.  Repealed by Laws 1955, p. 445, § 55.

§70-5-21.  Repealed by Laws 1955, p. 445, § 55.

§70-5-22.  Repealed by Laws 1955, p. 445, § 55.

§70-5-101.  School districts - Designation.

All school districts in Oklahoma, now in existence or which may hereafter be created, shall be designated only as independent, elementary or technology center school districts.  Independent school districts, elementary school districts and technology center school districts shall be under the supervision and the administration of the respective boards of education thereof.

Added by Laws 1971, c. 281, § 5-101, eff. July 2, 1971.  Amended by Laws 1991, c. 16, § 2, eff. July 1, 1991; Laws 1993, c. 239, § 25, eff. July 1, 1993; Laws 2001, c. 33, § 70, eff. July 1, 2001.

§705102.  Independent school districts.

All independent school districts in Oklahoma shall be those which shall have maintained during the previous year a school offering high school subjects fully accredited by the State Board of Education.

A reasonable deviation from any of the requirements enumerated herein shall not operate to prohibit the State Board of Education from designating any district as independent if the other requirements are sufficiently superior to the minimum standards required herein, but standards therefor shall be reduced to writing and a copy thereof sent to all districts maintaining high schools in Oklahoma at least one (1) year prior to the time the requirements become effective. Until the effective date thereof, the requirements hereinabove enumerated shall remain in full force and effect. As a basis for attaining the status of independent school district, high schools shall be inspected by a member of the division of secondary education of the State Board of Education or such other representative as the State Board of Education shall designate, and all of the standards prescribed by the State Board of Education shall be carefully checked in the presence of the district superintendent of schools or board of education of the district.  A written report shall be made and mailed to the district superintendent of schools and board of education within thirty (30) days after the time of such inspection.  Such report shall indicate if the high school meets the requirements and, if not, a statement shall be made as to what must be done in order to comply therewith.

After any school district has become independent, it shall remain so until removed from independent status by the State Board of Education, which, however, shall not remove any school district from independent status until it is satisfied that the minimum standards for independent school districts are not being maintained. Any order of the State Board of Education removing a school district from independent status shall not become effective until the close of the fiscal year in which such order is made, and any order removing a school district from independent status which has heretofore been made by the State Board of Education, regardless of notice or effective date thereof, is hereby validated. A reasonable variation from year to year in the minimum number of teachers required shall not affect the status of any independent school district.

Laws 1971, c. 281, § 5102, eff. July 2, 1971.  

§705103.  Elementary school districts.

Elementary school districts shall offer grades kindergarten through eight and are those which have not met the minimum standards for, and have not been designated as, independent school districts by the State Board of Education.  On and after July 1, 1991, every place in the Oklahoma Statutes which refers to "dependent school district" shall mean "elementary school district".

Laws 1971, c. 281, § 5103, eff. July 2, 1971; Laws 1976, c. 116, § 1, emerg. eff. May 14, 1976; Laws 1991, c. 3, § 2, eff. July 1, 1991.  

§70-5-103.1.  Elementary school districts - Prohibition on certain grades.

On or after the effective date of this act, except upon approval of the State Board of Education, an elementary school district that did not offer any grade above the eighth grade during the 1993-94 school year may not offer grades above the eighth grade during the 1994-95 school year or any school year thereafter.  No later than August 1, 1994, the State Board of Education shall promulgate rules to implement the provisions of this section.

Added by Laws 1994, c. 150, § 1, eff. July 1, 1994.

§705104.  Designation of district retained on records  When.

Only for the purpose of identifying a district that originally incurred an indebtedness so as to avoid confusion in discharging such indebtedness, the designation of a district when an indebtedness was incurred may be retained in the records of the county assessor, county treasurer, and other public officials charged with the duty of levying and collecting taxes for the payment of obligations of school districts irrespective of whether such indebtedness has been assumed by another school district.

Laws 1971, c. 281, § 5104, eff. July 2, 1971.  

§705105.  School district  Body corporate  Powers.

Every school district shall be a body corporate and shall possess the usual powers of a corporation for public purposes by the name and style of "Independent (or Elementary, if it is an elementary school district) School District Number ________________ (such number as may be designated by the State Board of Education) of __________________________ (the name of the county in which the district is located, or if lying in more than one county the name of the county where supervision is located) County, Oklahoma," and in that name may sue and be sued and be capable of contracting and being contracted with and holding such real and personal estate as it may come into possession of or by will or otherwise and as authorized by law.

Laws 1971, c. 281, § 5105, eff. July 2, 1971; Laws 1991, c. 3, § 3, eff. July 1, 1991; Laws 1993, c. 239, § 26, eff. July 1, 1993.

§70-5-106.  Governing body of school district.

A.  The governing board of each school district in Oklahoma is hereby designated and shall hereafter be known as the board of education of such district.  Except as otherwise provided in this section, the superintendent of schools appointed and employed by the board shall be the executive officer of the board and shall perform duties as the board directs.

B.  The board may contract with a superintendent for a term as mutually agreed upon but not to exceed three (3) years beyond the fiscal year in which the contract is approved by the board and accepted by the superintendent.  The contract shall include all other terms and conditions as agreed upon in writing by the board and the superintendent.

C.  The boards of two or more school districts may contract with one superintendent to serve as superintendent of the school districts as provided in Section 4 of this act.

D.  No board of a school district having average daily membership (ADM) of fewer than five hundred (500) pupils shall be prohibited from allowing a superintendent to serve simultaneously as a principal.

E.  The chief executive officer of the board of education of a district in which a public developmental research school is established shall be the director of the school appointed as provided in Section 1210.577 of this title.

Added by Laws 1971, c. 281, § 5-106, eff. July 2, 1971.  Amended by Laws 1985, c. 329, § 19, emerg. eff. July 30, 1985; Laws 1993, c. 257, § 10, emerg. eff. May 26, 1993; Laws 1997, c. 18, § 1, eff. Nov. 1, 1997; Laws 2003, c. 455, § 1, eff. July 1, 2003.

§70-5-106A.  Employment contracts with more than one school district.

A superintendent, administrator, teacher, or person providing support services may contract with more than one school district to serve as superintendent, administrator, or teacher, as appropriately qualified, or to provide support services for each contracting district.  The contract may be mutual with all the districts as parties, or the contracts may be separate; provided, that a superintendent, administrator, teacher, or person providing support services may not enter into contracts with more than one school district without the assent and knowledge of all the school districts with which they are contracting.  The districts who contract either mutually or separately with a superintendent, administrator, or teacher, or with a person to provide support services may enter into agreements upon such terms and conditions as the parties may agree and may include terms related to the division of payments for items including, but not limited to, payment of benefits or travel for the superintendent, administrator, teacher, or person providing support services.  Unless otherwise provided by contract, each district shall pay into the Teachers' Retirement System of Oklahoma the district's pro rata share of the payment required to be paid into the System on behalf of the employee.

Added by Laws 2003, c. 455, § 4, eff. July 1, 2003.

§70-5-107.  Repealed by Laws 1972, c. 216, § 3.

§70-5-107A.  Boards of education of school districts - Membership - Election procedure.

The following provisions and the provisions of Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall govern the election of members of the board of education for a school district:

A.  For purposes of this section, temporary positions added to a board of education pursuant to Section 7-101 or 7-105 of this title and the chair of the board of education elected pursuant to Section 1 of this act shall not be considered in determining the size of the board.  The number and term of each board of education shall be as follows:

District Members Term (Years)

Elementary 3 3

Independent

1.  Districts having a five-member board 5 5

2.  Districts having a seven-member board unless an election is conducted pursuant to subsection C of this section 7 4

B.  In all school districts, the members of the board of education shall be elected as follows:

1. a. Between August 1 and December 31 of the year following the submission by the United States Department of Commerce to the President of the United States of the official Federal Decennial Census, the board of education shall reapportion the territory of the school district into board districts.  Beginning with the reapportionment following the 1990 Federal Decennial Census, all boundaries of board districts shall follow clearly visible, definable and observable physical boundaries which are based upon criteria established and recognized by the Bureau of the Census of the United States Department of Commerce for purposes of defining census blocks for its decennial census and shall follow, as much as is possible, precinct boundaries.  Board districts shall be compact, contiguous and shall be as equal in population as practical with not more than a ten percent (10%) variance between the most populous and least populous board districts.

b. School districts having fewer than one thousand eight hundred (1,800) students in average daily membership during the preceding school year may choose not to establish board districts and may nominate and elect all board members at large.

c. Elementary school districts shall have board members elected at large.

d. A city located in an independent school district having four or more wards and an outlying area with such outlying area comprising no more than twenty percent (20%) of the population of such independent school district, then such independent school district may adopt such wards and outlying area in lieu of the board districts provided for in subparagraph a of this paragraph, and at least one member of the board of education of such independent school district shall be a member of each ward; and

2.  One member of the board of education shall be elected by the electors of the school district to represent each such board district.  Provided, however, that in any school district where the electors of each board district, rather than the electors of the entire school district, elect board members to represent that board district, that district shall elect board members in that manner.

If during the term of office to which a person was elected, that member ceases to be a resident of the board district for which the person was elected, the office shall become vacant and such vacancy shall be filled as provided in Section 13A-110 of Title 26 of the Oklahoma Statutes; and

3.  In a school district having more than ten thousand (10,000) children in average daily membership, the following provision and the provisions of Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall control as to election of the members of the school district's board of education:

a. There shall be held an election in which the electors of each board district in which a term is expiring or in which a vacancy exists shall select two candidates from among the candidates for board member to represent the board district,

b. If, in the election, one candidate has a majority of all votes cast, then a run-off election is not required.  If no candidate receives a majority of all votes cast, then the two candidates receiving the greatest number of votes shall become the candidates for the board district in the general election, and

c. At the run-off election, all of the electors of the board district shall select one of the two candidates as the member of the board of education representing the board district.

C.  Any seven-member board shall have the option of reducing its board to a five-member board either after approval of a board resolution or a vote of the electors of the school district to take such action pursuant to Section 13A-109 of Title 26 of the Oklahoma Statutes.  The election pursuant to a vote of the electors of the school district shall be called upon the submission of a petition requesting the election signed by ten percent (10%) of the school district electors in the school district, the percentage being applied to the highest number of voters voting in a regular school district election in the district in the preceding five (5) years as determined by the secretary of the county election board, who shall certify the adequacy of the number of signatures on the petition.  If the question is put before the voters of the district, such election shall be held along with and at the same time and place as the next school election if all requirements of Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes for such election are met.

After such resolution or election, the board shall reapportion the district, determining by resolution or by lot which board member offices shall be abolished at the end of the current board member's term and which shall become one of the offices of the new board.

Election of the resulting board members shall be carried out according to procedures stated in this section and Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes.

School board members currently serving in offices abolished pursuant to this subsection shall continue serving until the end of their current terms as at-large members.

D.  Except for the chair of the board of education elected pursuant to Section 1 of this act, offices of members of the board of education shall be designated by consecutive numbers and shall correspond with board districts when applicable.

E.  Except for those members elected prior to July 1, 1992, the terms of office of the members of a five-member board of education shall commence on the first regular, special or emergency school board meeting after the date of the annual school election and after the member has been certified as elected:

Office No. 1 1991

Office No. 2 1992

Office No. 3 1993

Office No. 4 1994

Office No. 5 1995

The terms of office of the members of a seven-member board of education shall be staggered, with one member being elected in 1991, two members being elected in 1992, two members being elected in 1993 and two members being elected in 1994 and shall commence on the first regular, special or emergency school board meeting after the date of the annual school election and after the member has been certified as elected; provided, in districts needing to elect two members in 1991 to maintain a full complement of board members, two members shall be elected in 1991, one for a full term and one for a one-year term, as determined by the local board.  If a seven-member board is formed upon consolidation pursuant to Section 7-105 of this title, or upon annexation pursuant to Section 7-101 of this title, the formation agreement shall specify initial short terms as necessary to extend until the beginning of the regular terms for seven-member boards established herein.

Upon reduction of a seven-member board pursuant to subsection C of this section, the terms of the five-member board shall be staggered pursuant to this subsection.

One member of a three-member board of education shall be elected each year, and the terms of office shall commence on the first regular, special or emergency school board meeting after the member has been certified as elected.

F.  The term of office of each board member elected after July 1, 1992, shall commence on the first regular, special or emergency school board meeting after the date of the annual school election and after the member has been certified as elected.  Board members elected prior to July 1, 1992, may remain in office until their successor is elected and seated pursuant to Sections 13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes.  The remaining term of any member who completes the term for which the member was elected but not wishing to serve until the successor of the member takes office on the first regular, special or emergency school board meeting after the successor has been certified as elected, shall be filled by appointment by the remaining members of the board of education.

Added by Laws 1972, c. 216, § 1.  Amended by Laws 1979, c. 225, § 1, eff. Oct. 1, 1979; Laws 1980, c. 186, § 1, emerg. eff. May 12, 1980; Laws 1983, c. 295, § 1, emerg. eff. June 23, 1983; Laws 1989, c. 132, § 5, eff. June 1, 1990; Laws 1990, c. 257, § 1, eff. July 1, 1990; Laws 1991, c. 3, § 4, eff. July 1, 1991; Laws 1991, c. 330, § 1; Laws 1992, c. 254, § 1, emerg. eff. May 22, 1992; Laws 1993, c. 45, § 3, emerg. eff. April 9, 1993; Laws 1994, c. 360, § 5, eff. July 1, 1994; Laws 1998, c. 124, § 1, eff. July 1, 1998; Laws 2000, c. 280, § 2, emerg. eff. June 1, 2000.

§70-5-107B.  Expansion of a board of education - Chair and other positions.

A.  The board of education of a district with an average daily membership (ADM) of more than thirty thousand (30,000) students may be expanded to add a member who shall be elected at large for a term of four (4) years and who shall serve as chair of the board.  The chair of the board position may be added upon a majority vote of the district board of education to add the position.  If the board opts to add the chair of the board position, the chair of the board shall be elected at the next regular election of board members, held pursuant to Section 13A-103 of Title 26 of the Oklahoma Statutes, following the decision of the board.

B.  The chair of the board of education shall possess the same qualifications as required for other board members, shall assume office as provided for other members of the board of education, shall be a full, voting member of the board, and shall count for purposes of a quorum or a majority, or other requirements based on number of members on the board.  The chair shall preside at all meetings of the board of education in accordance with rules of parliamentary procedure which have been adopted by a majority vote of the board, provided that, in the absence of rules adopted by the board, the chair shall determine and set forth the rules of parliamentary procedure that shall apply at board meetings; assemble and control the agenda for board meetings, provided that, upon approval of a majority of the members of the board, an item shall be placed on the agenda for the same or a subsequent meeting, in accordance with the Oklahoma Open Meeting Act; appoint all committees whose appointment is not otherwise provided for by law; and shall sign all warrants ordered by the board of education to be drawn upon the treasurer for school money.  The chair of the board shall possess all powers otherwise provided by law for a member of a board of education, all powers provided by law for the president of a board of education, and such other lawful powers as may be conferred upon the chair by majority vote of the board. The chair shall receive compensation and benefits as conferred upon other members of the district board of education.

C.  For a district in which a chair of the board has been elected, the district board of education, during the meeting at which the chair of the board assumes office, shall elect a vice-chair who shall serve a one-year term and until a successor is elected and qualified.  The vice-chair shall perform all duties of the chair of the board in case of the chair's absence or disability.  The board shall also elect clerks and deputies as provided in Section 5-119 of this title.  The board shall not elect a president or vice president.

D.  If a district board of education is expanded to include the chair of the board position, the chair of the board position shall not be abolished except by a majority vote of the voters of the school district voting on such question at a special election called for that purpose.  The question may be presented only upon a resolution adopted by three-fourths (3/4) of the board membership or upon petition for an election on the question, that complies with the requirements for petition and election set forth in Section 7-101 of this title.  If the question is approved, the chair of the board position shall be abolished at the end of the term of the chair who holds the office when the election is held or upon the chair's resignation or vacancy of the office following the election on the question.

Added by Laws 2000, c. 280, § 1, emerg. eff. June 1, 2000.  Amended by Laws 2001, c. 413, § 3, eff. July 1, 2001.

§70-5-108.  Repealed by Laws 1989, c. 132, § 7, eff. June 1, 1990.

§70-5-109.  Repealed by Laws 1972, c. 216, § 3.

§70-5-110.  Workshops for new board members - Reimbursement for expenses - Agreement to attend when candidate files notification and declaration - Workshop registration fee.

A.  Except as provided in subsection B of this section, at the time a school district elector files a notification and declaration of candidacy for the office of district board of education membership, such elector shall agree and pledge in writing that, within fifteen (15) months of election or appointment as a member of the district board of education, such member will complete at least twelve (12) hours of instruction on education issues, including school finance, Oklahoma education laws, and ethics, duties and responsibilities of district board of education members.  This requirement may be satisfied by attending a twoday workshop to be held within the state by the State Department of Education or by attending workshops, seminars or classes which address the above-mentioned subject matter, and which are sponsored by any organization approved by the State Board of Education, including but not limited to institutions of higher education.  The State Board of Education shall promulgate rules by which an organization or particular courses offered by an organization may be approved for purposes of fulfilling the instructional requirements set out in this section.

B.  When an incumbent of a district board of education files a notification and declaration of candidacy for reelection to the district board of education, the member shall not be required to comply with the provisions of subsection A of this section but shall be required to agree and pledge in writing that upon reelection the member will complete six (6) hours of instruction within fifteen (15) months following his or her election emphasizing changes in school law, particularly changes in the areas set forth in subsection A of this section.

C.  The State Department of Education shall, immediately after the annual elections of various district board of education members, determine the members of the district boards of education pledged to attend the workshop established by subsections A and B of this section, and shall notify such members of the time and place such workshop is to be conducted.  Upon completion of the workshop, the certificate of completion shall be included in the public records of the school board's minutes.  Each school board member, except for an incumbent member, shall be required within fifteen (15) months following or preceding his or her election to complete the workshop established by subsection A of this section or to attend twelve (12) hours of other state workshops conducted as instruction on the subjects of school finance, the Oklahoma School Code and related laws, and the ethics, duties and responsibilities of district board of education members.  If a member has not satisfied the above instructional requirements within fifteen (15) months of his or her election, the local board of education shall declare the seat of such member vacant and fill the vacancy according to law.  All government departments, agencies and institutions of this state are directed to lend such assistance as may be required by the State Department of Education for the proper conduct and administration of the workshops.  The State Department of Education shall maintain a permanent record of each district board of education member who successfully completes a workshop and shall issue a certificate of completion to such member.

D.  The State Department of Education and, upon approval of the State Board of Education, any organization or association representing district boards of education in this state are authorized to charge persons pledged to attend the workshop a registration fee sufficient to defray the estimated costs of presenting the workshop or Thirtyfive Dollars ($35.00) per registrant, whichever is the lesser amount, and to collect such fees at the time of registration.

E.  Any member of a district board of education or any individual elected, certified as the elected member by the county election board, but not sworn in and seated as a member of a district board of education at the time of a workshop presented by the State Board of Education or an organization or association representing district boards of education within the state who attends and successfully completes such workshop as required by subsection A or B of this section shall be reimbursed by the school district in accordance with the district's travel reimbursement policy.

Added by Laws 1971, c. 281, § 5-110, eff. July 2, 1971.  Amended by Laws 1980, c. 231, § 1, eff. Oct. 1, 1980; Laws 1984, c. 132, § 1; Laws 1986, c. 99, § 1, eff. Nov. 1, 1986; Laws 1989, 1st Ex. Sess., c. 2, § 26, emerg. eff. April 25, 1990; Laws 1990, c. 293, § 7, eff. Sept. 1, 1990; Laws 1991, c. 180, § 1, emerg. eff. May 13, 1991; Laws 1992, c. 254, § 2, emerg. eff. May 22, 1992; Laws 1994, c. 360, § 6, eff. July 1, 1994; Laws 2005, c. 472, § 4, eff. July 1, 2005.

NOTE:  Laws 1990, c. 257, § 2 repealed by Laws 1991, c. 180, § 2, emerg. eff. May 13, 1991 and Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.

§70-5-110.1.  Board members - Continuing education requirement.

A.  In addition to the requirements of Section 5-110 of this title, every member of a school district board of education elected to a full term of office of five (5) years or more shall be required to attend a minimum of fifteen (15) hours of continuing education, each member elected to a full four-year term of office shall be required to attend a minimum of twelve (12) hours of continuing education, and each member elected to a full three-year term of office shall be required to attend a minimum of nine (9) hours of continuing education, prior to the date set for filing for reelection to that respective board seat.  The continuing education courses, workshops, seminars, conferences, and conventions which shall satisfy the continuing education requirement shall be approved jointly by the State Department of Education and the Oklahoma Department of Career and Technology Education.

B.  Local and state continuing education programs conducted pursuant to the provisions of this section shall be held in all regions of the state at institutions of higher learning, area technology centers or other approved sites.  Notice of such courses and seminars shall be provided to all school board members and to the public schools.

C.  This section shall not apply to those school board members who file for reelection prior to July 1, 1991.

D.  Failure by a board member to satisfy the continuing education requirements of this section shall result in the ineligibility of the member to run for reelection to the school district board of education.

E.  The State Department of Education and any organization approved by the State Board of Education, including but not limited to institutions of higher education, may charge persons attending continuing education courses a registration fee sufficient to defray the estimated costs of presenting the course.  The registration fees for each course shall be announced prior to the date of such course.

F.  Any member of a school district board of education who attends and completes a course which satisfies in part or in full the requirements of this section shall be reimbursed by the school district for expenses incurred.  In addition, a school district board of education may reimburse members of the board of education for expenses incurred in registering and attending board member training programs or activities approved by the board which are in addition to the minimum school board training requirements established by law.

Added by Laws 1989, c. 10, § 1, operative July 1, 1989.  Amended by Laws 1989, 1st Ex. Sess., c. 2, § 27, emerg. eff. April 25, 1990; Laws 1990, c. 257, § 3, emerg. eff. May 23, 1990; Laws 1994, c. 360, § 7, eff. July 1, 1994; Laws 1996, c. 178, § 1, eff. July 1, 1996; Laws 2001, c. 140, § 1, eff. July 1, 2001; Laws 2001, c. 414, § 9, eff. July 1, 2001; Laws 2005, c. 472, § 5, eff. July 1, 2005.

NOTE:  Laws 2001, c. 33, § 71 repealed by Laws 2001, c. 414, § 14, eff. July 1, 2001.

§70-5-110.2.  Records of attendance at continuing education events.

The State Board of Education shall maintain records of attendance by school board members at continuing education events required pursuant to Sections 5-110 and 5-110.1 of this title and prior to the final opportunity for each school board member who has not completed the continuing education requirements to complete the same, shall notify the school board member by mail of any final opportunity to complete these requirements.

Added by Laws 1990, c. 284, § 2, eff. Sept. 1, 1990.

§70-5-111.  Repealed by Laws 1994, c. 360, § 10, eff. July 1, 1994.

§70-5-112.  Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.

§705113.  Relation by affinity or consanguinity  Prohibition.

No person shall be eligible to be a candidate for or serve on a board of education if he or she is currently employed by the school district governed by that board of education or is related within the second degree by affinity or consanguinity to any other member of the board of education or to any employee of the school district governed by the board of education, it being the purpose of this section both to prohibit persons who are related within the second degree by affinity or consanguinity from serving simultaneously on the same board of education of any school district of this state and to prohibit persons who are related within the second degree of consanguinity or affinity to an employee of a school district from serving on the board of education governing the school district while such relative is employed.  If the relationship is based on affinity, these prohibitions shall not apply to prevent members of boards of education who are serving on September 1, 1995, from serving the term for which they were elected or from serving successive terms for which they may be elected, unless it is the member's spouse who is a member of the board of education or an employee of the school district, then such prohibitions shall apply.

Any member of a board of education who violates the provisions of this section shall be subject to the penalties prescribed by Sections 485 and 486 of Title 21 of the Oklahoma Statutes.

Added by Laws 1971, c. 281, § 5113, eff. July 2, 1971.  Amended by Laws 1992, c. 254, § 3, eff. Sept. 1, 1992; Laws 1994, c. 360, § 8, eff. July 1, 1994; Laws 1995, c. 257, § 2, emerg. eff. May 25, 1995.

§705113.1.  Relation by consanguinity or affinity with school board member prohibited in employment or contracts  Exemptions - Executive sessions of board - Collective bargaining agreements.

A.  Except as otherwise provided herein, no person may be employed or put under contract by a school district if that person is related to a member of the board of education of that school district within the second degree of consanguinity or affinity.  A teacher or employee already under contract to or otherwise employed by the school district at the time the relationship is established may continue in said employment.  Except as otherwise provided, a board member already serving at the time the relationship is established may serve out the term for which the member was elected but shall not be eligible to be a candidate for or serve successive terms of office for which the member may be elected.  This provision shall not prevent a board member from serving successive terms of office if otherwise eligible under the provision of Section 5-113 of this title.  No member of the board of education who has resigned from the board before his or her term has expired may be reappointed to the board to complete the remainder of his or her term if a teacher or employee related to the resigned member of the board within the second degree of consanguinity or affinity was put under contract or otherwise employed by the school district after the board member resigned.

Any member of a board of education who is related to a teacher or other employee of the district within the second degree of consanguinity or affinity shall not attend or participate in any regular or executive session of the board held to consider any personnel matter or litigation relating to said teacher or employee; provided however, the member may vote on collective bargaining agreements or the renewal of contracts as a group if the vote is necessary to form a quorum of the board of education members.  If more than one member of the board of education is related to a teacher or employee, only the minimum number of those members which is necessary to form a quorum shall be allowed to vote.  Each board of education so affected shall adopt a written policy establishing procedures on when such a member may vote on the renewal of contracts or collective bargaining agreements.

B.  Any member of a board of education who violates the provisions of this section shall be subject to the penalties prescribed by Sections 485 and 486 of Title 21 of the Oklahoma Statutes.

Added by Laws 1979, c. 192, § 1, emerg. eff. May 17, 1979.  Amended by Laws 1980, c. 87, § 1, emerg. eff. April 9, 1980; Laws 1982, c. 106, § 1, emerg. eff. April 6, 1982; Laws 1983, c. 106, § 1, emerg. eff. May 10, 1983; Laws 1984, c. 296, § 43, operative July 1, 1984; Laws 1989, c. 299, § 3, emerg. eff. May 24, 1989; Laws 1991, c. 317, § 1, emerg. eff. June 12, 1991; Laws 1992, c. 254, § 4, eff. Sept. 1, 1992; Laws 1994, c. 360, § 9, eff. July 1, 1994; Laws 1995, c. 322, § 26, eff. July 1, 1995.

§70-5-113.2.  Board member involved in certain litigation may be denied participation in executive sessions of school board.

Any school board member who, before serving or while serving on the board of education, initiated litigation against the school district, school board of education, or an individual board member of the board of education on which he/she serves, or who is a governing member of a group, organization, or entity that has authorized and initiated litigation against that school district, school board of education, or an individual board member of the board of education on which he/she serves, may be excluded upon a majority vote of the board members from any executive session where the litigation is discussed or from any other form of participation in the board's defense of the litigation, including any vote on issues related to that legal action.

Added by Laws 1992, c. 254, § 5, emerg. eff. May 22, 1992.

§705114.  County treasurer as district treasurer  Local and assistant local treasurer  Estimate of needs  Charge for services.

A.  The county treasurer of each county shall be the treasurer of all school districts in the county, except that the board of education of a school district may appoint a local treasurer for the school district and, in its discretion, an assistant local treasurer of the district, each of whom shall serve at the pleasure of the board for such compensation as the board may determine.  The assistant local treasurer may perform any of the duties and exercise any of the powers of the local treasurer with the same force and effect as if the same were done or performed by the local treasurer. Before entering upon the discharge of the duties of the assistant treasurer, the assistant treasurer shall give a bond in such amount as the board of education may designate, with good and sufficient sureties to be approved by the board, conditioned for the faithful performance of his or her duties.  A local treasurer or assistant local treasurer need not be a resident of the school district where appointed to serve, although any local treasurer or assistant local treasurer shall be a resident of this state.  Nothing herein shall prevent a local treasurer or assistant local treasurer from being appointed for more than one school district.

B.  Whenever a county treasurer is designated as the treasurer for a school district, the county treasurer may elect to charge for such services.  If charges are assessed, the treasurer shall prepare a special estimate of needs each fiscal year, covering all expenditures of the office on behalf of any school districts for which the county treasurer serves as treasurer.  The estimate for treasurer services shall be itemized by personal services and maintenance and operation expenditures and shall be filed with the county excise board.  In reviewing and approving this estimate, the county excise board shall authorize and levy amounts for treasurer services which in the judgment of the board will be sufficient to perform the services.  The board shall apportion the cost among the school districts for which the treasurer services are to be charged in the ratio which each school district's total appropriations for the preceding year bears to the total appropriations of all such school districts receiving treasurer services for the preceding year.  The amounts shall be included in, or added to, the estimates of needs or budget of each such school district.  The amount as approved and appropriated by the county excise board shall be paid by the school district, by appropriate warrants, to the county for deposit in the county general fund.

Added by Laws 1971, c. 281, § 5-114, eff. July 2, 1971.  Amended by Laws 1980, c. 220, § 1, emerg. eff. May 30, 1980; Laws 1981, c. 175, § 1; Laws 1982, c. 4, § 1, operative July 1, 1982; Laws 1988, c. 90, § 14, operative July 1, 1988; Laws 1999, c. 327, § 4, eff. July 1, 1999.

§70-5-115.  Local treasurer - Surety bond - Duties - Cash and investment ledgers.

A.  Unless the context clearly shows otherwise, the term "treasurer", as used in this section, includes a county treasurer acting as the treasurer of a school district pursuant to the provisions of Section 5-114 of this title.  The treasurer so appointed shall execute, before entering upon the duties of the office of the treasurer, a surety bond in an amount which it is estimated by the board of education the treasurer will have on hand at any one time during the current year, and the amount of securities held as investments shall not be considered.  The board of education is empowered to require the treasurer to increase or decrease the bond of the treasurer as the amount of funds on hand may require.  Provided, the bond of a school district shall not, in any event, be required to be in an amount greater than that of the county treasurer of the county.  The premium on the bond shall be paid by the board of education out of district funds.  Provided, however, the treasurer of such district shall require the depository wherein school district funds are deposited to insure or guarantee the deposit by proper securities, which shall be of the same class of securities as are required to insure deposits of county treasurers of the various counties, and the securities shall be pledged, taken and kept in the manner provided by Sections 517.1 through 517.7 of Title 62 of the Oklahoma Statutes.

B.  In all districts which are permitted by law to select a local treasurer, the county treasurer shall act as treasurer thereof until such time as a local treasurer shall be appointed and has executed the surety bond required by this section.  In no instance in which the county treasurer is the treasurer of any school district shall any additional bond be required, but the official bond of the county treasurer shall stand for any and all funds and securities coming into the hands of the county treasurer.

C.  The local treasurer of a district, when required by the board of education, shall prepare and submit in writing a report of the condition of the finances of the district and shall produce at any meeting of the board or to any committee appointed for the purpose of examining the accounts of the treasurer all books and papers pertaining to the office of the treasurer.  Upon failure to make reports as provided for herein or as may otherwise be required by law, the board may at any regular or special meeting thereof summarily suspend the treasurer, and while so suspended the treasurer shall perform no act pertaining to the office of the treasurer.  Such suspension shall continue until ended by order of the board or by judgment of a court of competent jurisdiction.

D.  The local treasurer of a school district shall keep a separate cash ledger for each fund in the custody of the treasurer.  The local treasurer shall enter each collection and disbursement in the cash ledger of the applicable fund by recording the date and classification of each transaction and such other information as may be deemed desirable.  Additional ledgers shall also be maintained to record the investments made from each fund.  Such investment ledgers shall disclose the date, description and principal amount paid for each investment purchased and the date and principal amount received for each investment liquidated.

E.  Upon suspension by the board, the treasurer shall immediately turn over to the board of education or to the acting treasurer if one has been appointed by the board all books and papers and other property pertaining to the office of the treasurer.

F.  Except as otherwise provided by law, no treasurer of any district shall pay out school district funds in the care of the treasurer except upon warrants signed by the proper school district officials authorized by the law to sign such warrants, provided, this restriction shall not apply to sinking funds or to the investment of school district funds.  Authorized sinking fund payments and payment for investments or receipt of liquidated investments may be made by check, wire transfer or other instrument or method through the Federal Reserve System.

G.  The board of education shall, each month, set aside funds to an operating account and to an investment account.  Investments by the treasurer shall be made in accordance with a written policy adopted by the board of education.  The written investment policy shall address liquidity, diversification, safety of principal, yield, maturity, quality of the instrument, and capability of investment management.  Acting within the investment policy, the treasurer shall place primary emphasis on safety and liquidity in the investment of funds.  Taking into account the need to use sound investment judgment, school districts shall, to the extent practicable, use competitive bids when they purchase direct obligations of the United States Government or other obligations of the United States Government, its agencies or instrumentalities.  Such system shall be designed to maximize yield within each class of investment instrument, consistent with the safety of the funds invested.  The board of education must review the investment performance of the treasurer on a regular basis and no less than each month.  The treasurer of every school district shall invest the full amount of the investment account in:

1.  Direct obligations of the United States Government to the payment of which the full faith and credit of the Government of the United States is pledged; provided, a treasurer of a school district who has completed the program pursuant to the provisions of subsection H of this section may invest funds in the investment account in other obligations of the United States Government, its agencies or instrumentalities;

2.  Obligations to the payment of which the full faith and credit of this state is pledged;

3.  Certificates of deposits of banks when such certificates of deposits are secured by acceptable collateral as in the deposit of other public monies;

4.  Savings accounts or savings certificates of savings and loan associations to the extent that such accounts or certificates are fully insured by the Federal Savings and Loan Insurance Corporation.  Provided, that the income received from the investments may be placed in the general fund of the governmental subdivision to be used for general governmental operations;

5.  Repurchase agreements that have underlying collateral consisting of those items specified in paragraphs 1 and 2 of this subsection including obligations of the United States, its agencies and instrumentalities, and where the collateral has been deposited with a trustee or custodian bank in an irrevocable trust or escrow account established for such purposes;

6.  County, municipal or school district direct debt obligations for which an ad valorem tax may be levied or bond and revenue anticipation notes, money judgments against such county, municipality or school district ordered by a court of record or bonds or bond and revenue anticipation notes issued by a public trust for which such county, municipality or school district is a beneficiary thereof.  All collateral pledged to secure public funds shall be valued at no more than market value.  The income received from an investment may be placed in the general fund of the governmental subdivision to be used for general governmental operations, the sinking fund, the building fund, or the fund from which the investment was made;

7.  Money market mutual funds regulated by the Securities and Exchange Commission and which investments consist of obligations of the United States, its agencies and instrumentalities, and investments in those items and those restrictions specified in paragraphs 1 through 6 of this subsection;

8.  Warrants, bonds or judgments of the school district; or

9.  Qualified pooled investment programs, the investments of which consist of those items specified in paragraphs 1 through 8 of this subsection, as well as obligations of the United States agencies and instrumentalities, regardless of the size of the district's budget.  To be qualified, a pooled investment program for school funds must be governed through an interlocal cooperative agreement formed pursuant to Section 5-117b of this title, and the program must competitively select its investment advisors and other professionals.  Any pooled investment program used must be approved by the board of education.

H.  The board of education is hereby empowered to require the treasurer to satisfactorily complete an investment education program approved by the State Board of Education and the State Board of Career and Technology Education.  Such program shall be designed to allow treasurers to make informed decisions regarding the safety, return, liquidity, costs and benefits of various investment options allowed under this section.

I.  The income received on an investment may be placed in the fund from which the investment was made, the general fund, the building fund, or the sinking fund.

Added by Laws 1971, c. 281, § 5-115, eff. July 2, 1971.  Amended by Laws 1985, c. 82, § 4, eff. Nov. 1, 1985; Laws 1986, c. 259, § 52, operative July 1, 1986; Laws 1988, c. 90, § 15, operative July 1, 1988; Laws 1992, c. 211, § 11, eff. July 1, 1992; Laws 1999, c. 327, § 5, eff. July 1, 1999; Laws 2000, c. 136, § 15, eff. July 1, 2000; Laws 2000, c. 334, § 7, eff. July 1, 2000; Laws 2001, c. 33, § 72, eff. July 1, 2001.

NOTE:  Laws 2000, c. 43, § 1 repealed by Laws 2000, c. 334, § 8, eff. July 1, 2000.

§70-5-115a.  Repealed by Laws 2004, c. 361, § 33, eff. July 1, 2004.

§70-5-115b.  Expiration of treasurer's term of office - Delivery of check or warrant registers to successor - Agreement to pay interest on checks or warrants not payable due to insufficient funds.

Upon the expiration of the term of office, the treasurer shall deliver check or warrant registers to the succeeding treasurer, and each successor in office shall act as though check or warrant entries were registered by the successor, who shall continue registration of all district checks or warrants.  If a check or warrant cannot be paid for want of sufficient funds, a district may enter into an agreement not to extend beyond the current fiscal year with the depository bank to honor payment of these checks at an annual rate of interest as negotiated by the district and depository bank, which shall not exceed a rate equal to five percent (5%) above the average United States Treasury Bill rate of the preceding calendar year as determined by the State Treasurer on the first regular business day of each year.  

Added by Laws 2004, c. 361, § 18, eff. July 1, 2004.

§705116.  Oath of Office.

Each member of the board of education and the treasurer and assistant treasurer of a school district shall take and subscribe to the following oath:

"I _____________________(Name of officer), hereby declare under oath that I will faithfully perform the duties of_____________(Name of position) of ________________________(Name of school district) to the best of my ability and that I will faith fully discharge all of the duties pertaining to said office and obey the Constitution and laws of the United States and Oklahoma."  Laws 1971, c. 281, Sec. 5116. Eff. July 1, 1971.

Laws 1971, c. 281, § 5116, eff. July 2, 1971.  

§70-5-116a.  Officers and employees - Bonds.

Whenever, by any presently existing law of this state or by any law hereafter enacted, any officer or employee of any school district is required to furnish bond as a prerequisite to employment, such requirement as to terms, conditions, penalty, amount or quality or type of surety shall be and is hereby deemed and defined to mean the furnishing of a separate bond or surety contract for each individual officer or employee, or the furnishing of a "blanket bond" which is defined as a school district officer and employees blanket position bond which covers all officers and employees up to the penalty of the bond for each officer and employee and the full penalty of the bond is always enforced during its term and no restoration is necessary and there is no additional premium after a loss is paid.  Such bond shall be furnished by a company duly qualified under the insurance laws of this state and shall be purchased by the school district.  The bond shall be payable to the school district and, whenever possible, conditioned on the faithful performance of the duties of the individuals covered during their employment or term of office and that they will properly account for all monies and property received by virtue of their position or employment.

Added by Laws 1994, c. 222, § 1, eff. Sept. 1, 1994.

§70-5-117.  Powers and duties.

A.  The board of education of each school district shall have power to:

1.  Elect its own officers; provided that the chair of the board authorized in Section 5-107B of this title shall be elected by the electors of the school district;

2.  Make rules, not inconsistent with the law or rules of the State Board of Education, governing the board and the school system of the district;

3.  Maintain and operate a complete public school system of such character as the board of education shall deem best suited to the needs of the school district;

4.  Designate the schools to be attended by the children of the district;

5.  Provide and operate, when deemed advisable, cafeterias or other eating accommodations, thrift banks or other facilities for the teaching and practice of thrift and economy, bookstores, print shops, and vocational and other shops;

6.  Provide informational material concerning school bond elections and millage elections, including but not limited to all pertinent financial information relative to the bond issue, a statement of revenue sources necessary to retire proposed bonds, a statement of current bonded indebtedness of the school district, and a statement of proposed use of funds to be generated by the proposed bond issue.  The informational material shall not contain the words "vote yes" or "vote no" or any similar words or statement any place on such informational material;

7.  Purchase, construct or rent, and operate and maintain, classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation places and playgrounds, teacherages, school bus garages, laboratories, administration buildings, and other schoolhouses and school buildings, and acquire sites and equipment therefor;

8.  a. Insure the school district or its employees against any loss, damage or liability as defined by Sections 702 through 708 of Title 36 of the Oklahoma Statutes, or other forms of insurance provided for in Title 36 of the Oklahoma Statutes.

b. Subject to the restrictions of liability in the Governmental Tort Claims Act:

(1) insure the school district against all or any part of any liability it may incur for death, injury or disability of any person, or for damage to property, either real or personal,

(2) insure any employee of the school district against all or any part of the employee's liability for injury or damage resulting from an act or omission in the scope of employment, or

(3) insure against the expense of defending a claim against the school district or its employee, whether or not liability exists on such claim.

c. As used in this subsection, "employee" means any person who has acted in behalf of a school district, whether that person is acting on a permanent or temporary basis with or without being compensated or on a full-time or part-time basis.  Employee also includes all elected or appointed officers, members of governing bodies of a school district, and persons appointed, and other persons designated by a school district to act in its behalf.

d. The cost or premium of any such insurance is a proper expenditure of the school district.

e. Any insurance authorized by law to be purchased, obtained or provided by a school district may be provided by:

(1) self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes.  Any self-insurance reserve fund shall be nonfiscal and shall not be considered in computing any levy when the school district makes its annual estimate for needed appropriations,

(2) insurance in any insurer authorized to transact insurance in this state,

(3) insurance secured in accordance with any other method provided by law, or

(4) any combination of insurance authorized by this section.

f. Two or more school districts or public agencies, by interlocal agreement made pursuant to the Interlocal Cooperation Act, may provide insurance for any purpose by any one or more of the methods specified in this section.  The pooling of self-insured reserves, claims or losses among governments as authorized in this section shall not be construed to be transacting insurance nor otherwise subject to the provisions of the laws of this state regulating insurance or insurance companies.  Two or more school districts may also be insured under a master policy or contract of insurance.  Premium costs may be set individually for each school district or apportioned among participating school districts as provided by the master policy or contract;

9.  Acquire property by condemnation proceedings in the same manner as land is condemned for railroad purposes.  School district funds may be used to erect buildings on leased land on which other buildings have been erected prior to April 3, 1969, or on land which is leased from a governmental entity;

10.  Lease real or personal property to the state or any political subdivision thereof or a not-for-profit entity operating pursuant to Section 868 of Title 18 of the Oklahoma Statutes for nominal cash consideration for so long as the use of the property by the lessee substantially benefits, in whole or in part, the same public served by the school district;

11.  Dispose of personal or real property no longer needed by the district by sale, exchange, lease, lease-purchase, sale and partial lease back, or otherwise.  Real property shall be conveyed pursuant to a public sale, public bid, or private sale; provided however, unless otherwise prohibited by law, the board of education of a consolidated or annexed school district may convey real property to a local political subdivision without consideration.  Prior to the sale of any real property, the board of education shall have the real property appraised.  The appraisal shall be confidential until the real property is sold.  When the real property is sold, the board of education shall make the appraisal available for public inspection.  Prior to the conveyance of any real property by private sale, the board of education shall have offered the real property for sale by public sale or public bid.  Any conveyance of real property by private sale to a nonprofit organization, association, or corporation to be used for public purposes, unless for exchange, shall contain a reversionary clause which returns the real property to the board of education upon the cessation of the use without profit or for public purposes by the purchaser or the assigns of the purchaser;

12.  Purchase necessary property, equipment, furniture, and supplies necessary to maintain and operate an adequate school system;

13.  Incur all expenses, within the limitations provided for by law, necessary to perform all powers granted by the provisions of this section;

14.  Contract with and fix the duties and compensation of physicians, dentists, optometrists, nurses, attorneys, superintendents, principals, teachers, bus drivers, janitors, and other necessary employees of the district;

15.  Establish a written policy for reimbursement of necessary travel expenses of employees and members of the board.  The policy may include in-district travel from the site of employment assignment which is necessary in the performance of employment duties.  The written policy shall specify procedures, contain documentation requirements, and may include payment of meal expenses during authorized travel on a per diem allowance basis rather than itemized documentation;

16.  Pay necessary travel expenses and other related expenses of prospective employees for sponsored visits to the school district pursuant to a written policy specifying procedures containing documentation requirements equal to or greater than the requirements specified by law for state employees in the State Travel Reimbursement Act;

17.  Provide for employees' leaves of absence without pay;

18.  Exercise sole control over all the schools and property of the district, subject to other provisions of the Oklahoma School Code;

19.  Allow district-owned school buses to be used for transportation of students from other districts or educational institutions while within the district on educational tours.  This shall not restrict the authority of the board to authorize any other use of such buses which may now be permitted by law or rule of the State Board of Education;

20.  Enter into contractual agreements with the board of trustees of a multicounty library system, as defined in Section 4-103 of Title 65 of the Oklahoma Statutes, a city-county library commission, as defined in Section 152 of Title 65 of the Oklahoma Statutes, or a rural single county library system, as defined in Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as may be mutually agreed, except no district board of education may enter into any agreement under which the library services for the school would be provided at any site other than the school site or which would result in library services that do not meet accreditation standards as required by law or rule;

21.  Perform all functions necessary to the administration of a school district in Oklahoma as specified in the Oklahoma School Code, and in addition thereto, those powers necessarily implied but not delegated by law to any other agency or official;

22.  Prepare and distribute at the expense of the school district any and all material which has the purpose of informing the public about district activities;

23.  Solicit and accept any gift, grant, or donation of money or property for the use of the school district.  Any gift, grant, or donation of money may be deposited in the general fund or building fund of the school district; and

24.  Pay necessary meal and lodging expenses of school district students and sponsors involved in authorized school-sponsored cocurricular activities.  The board of education shall establish a written policy for reimbursement of necessary meal and lodging expenses of school district students and sponsors.  The written policy shall specify procedures, contain documentation requirements, and designate the funds from which reimbursement may be made.  Reimbursement may be made from the General Fund.

B.  The board of education of any school district may rent, on a monthly basis, real and personal property, if such items are necessary for the operation of the school, and pay the rental charges for the usage during any fiscal year, or portion thereof, out of appropriations made and approved for current expense purposes during the fiscal year.  Any such rental contract extending beyond June 30 of such fiscal year shall be void unless it contains provisions for mutual ratification of renewal pursuant to the conditions provided for in this subsection.  It is the intent of this subsection to authorize boards of education to enter into lease contracts but not to incur any obligation against the school district in excess of the income and revenue provided for such purposes for the fiscal year in which such lease contract is operative.  Any lease or lease-purchase agreement entered into by any board of education shall state the purchase price of real or personal property so leased.  The lease or lease-purchase shall not be extended so as to cause payment of more than the original purchase price of the real or personal property, plus interest not to exceed the legal rate.  When the purchase price plus interest has been paid, the property shall belong to the lessee and the lessor shall deliver a deed or bill of sale to the property to the lessee.  When any real or personal property has been leased or rented during any fiscal year pursuant to the provisions of any contract which permits continuance of such rental for the remainder of such fiscal year, the renting or leasing thereof must be continued for the remainder of the fiscal year unless the board of education renting or leasing the same certifies by proper resolution entered in the minutes of the board of education that the continuance of such rental is unnecessary and contrary to the public interest.

C.  The boards of education of two or more school districts may enter into cooperative agreements and maintain joint programs including, but not limited to, courses of instruction for handicapped children, courses of instruction in music and other subjects, practical instruction for trades and vocations, practical instruction in driver training courses, and health programs including visual care by persons legally licensed for such purpose, without favoritism as to either profession.  The revenues necessary to operate a joint program approved in cooperative agreements, whether from federal, state or local sources, including the individual contributions of participating school districts, shall be deposited into a fund separate from all other appropriated funds.  The beginning fund balance each year, combined with all actual revenues, including collected and estimated revenues, must be appropriated before being expended.  Purchase orders shall be issued against available appropriations and, once goods or services have been received, either payable or nonpayable warrants shall be issued in payment of all purchase orders.  The fund shall be reported as a separate appropriated fund in all the financial reports of the school district which is chosen by the other school districts to keep the accounting records of the joint program.

D.  The boards of education of two or more school districts may enter into a mutual contract or separate contracts with a superintendent, administrator, or teacher or with a person to provide support services, to serve as superintendent, administrator, or teacher, as appropriately qualified, or to provide support services, for each contracting district upon such terms and conditions as the parties may agree.  Nothing in this act shall be construed to authorize or require annexation or consolidation of any school districts or the closing of any school site except pursuant to law as set forth in Section 7-101 et seq. of this title.

E.  Any school district may operate or maintain a school or schools on any military reservation which is within the boundaries of the school district or which is adjacent to the school district, and provide the instruction in the school or schools to children of personnel on the military reservation and, in doing so, shall conform to all federal laws and requirements.

F.  The board of education of each school district shall adopt and maintain on file in the office of the superintendent of schools appropriate personnel policy and sick leave guide.  The guide shall be made available to the public.

Added by Laws 1971, c. 281, § 5-117, eff. July 2, 1971.  Amended by Laws 1972, c. 166, § 1, emerg. eff. April 7, 1972; Laws 1979, c. 184, § 1; Laws 1982, c. 143, § 1; Laws 1983, c. 189, § 1, emerg. eff. June 14, 1983; Laws 1987, c. 204, § 63, operative July 1, 1987; Laws 1988, c. 90, § 16, operative July 1, 1988; Laws 1989, c. 315, § 57, operative July 1, 1989; Laws 1990, c. 221, § 6, operative July 1, 1990; Laws 1991, c. 280, § 57, eff. July 1, 1991; Laws 1992, c. 111, § 2, emerg. eff. April 21, 1992; Laws 1993, c. 361, § 3, eff. July 1, 1993; Laws 1994, c. 362, § 4, eff. July 1, 1994; Laws 1995, c. 165, § 3, emerg. eff. May 2, 1995; Laws 1996, c. 121, § 1, eff. July 1, 1996; Laws 1998, c. 217, § 2, eff. July 1, 1998; Laws 1998, c. 365, § 8, eff. July 1, 1998; Laws 1999, c. 149, § 6, eff. July 1, 1999; Laws 1999, c. 327, § 1, eff. July 1, 1999; Laws 2000, c. 6, § 18, emerg. eff. March 20, 2000; Laws 2000, c. 280, § 3, emerg. eff. June 1, 2000; Laws 2002, c. 483, § 2, eff. July 1, 2002; Laws 2003, c. 3, § 78, emerg. eff. March 19, 2003; Laws 2003, c. 173, § 2, eff. July 1, 2003; Laws 2003, c. 455, § 2, eff. July 1, 2003; Laws 2004, c. 71, § 1, eff. July 1, 2004; Laws 2005, c. 472, § 6, eff. July 1, 2005.

NOTE:  Laws 1999, c. 244, § 1 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.  Laws 2002, c. 283, § 1 repealed by Laws 2003, c. 3, § 79, emerg. eff. March 19, 2003.

§705117.1.  Cooperative contracts.

The board of education of any school district in this state which is contiguous to any other school district located in an adjacent state is hereby authorized to enter into contracts with the board of education of the school district located in the adjacent state for the purpose of providing better educational opportunities for students residing in both school districts.  Such contracts may provide for:

1.  The transfer of students between the two school districts;

2.  The payment and acceptance of transfer fees for students transferred between the two school districts, the amount of which will be agreed upon by the boards of education thereof;

3.  The use of districtowned school buses to transport students to and from the schools operated in the school districts; and

4.  Such other cooperative agreements as will be necessary to provide quality education for all students residing or attending schools in the school districts.

Laws 1976, c. 38, § 1, eff. July 1, 1976.  Amended by Laws 1990, c. 293, § 3, eff. Sept. 1, 1990.

§70-5-117.1a.  Correctional facilities - Operation within restricted school areas - Vote by board of education.

The board of education of a school district or a private school may, through a majority vote of the board, allow a correctional facility operated by the Department of Corrections, a county, a municipality, or a private corporation to operate within the areas restricted by Sections 563 and 563.1 of Title 57 of the Oklahoma Statutes.

Added by Laws 1998, c. 290, § 6, eff. July 1, 1998.

§705117.2.  Additional authorization.

The State Board of Education is hereby authorized to adopt such rules and regulations as may be necessary to assist any school district located in this state in carrying out the provisions of Sections 5-117.1 and 5-117.3 of this title.

Laws 1976, c. 38, § 2, eff. July 1, 1976.  Amended by Laws 1990, c. 293, § 4, eff. Sept. 1, 1990.

§705117.3.  Average daily attendance.

Students who reside within the boundaries of a school district located in this state, but who have attended school in a contiguous school district located in an adjacent state, shall be included in the average daily attendance of the school district located in this state for the purpose of calculation and payment of all state aid and for the distribution of all other revenue required by law to be apportioned on an average daily attendance basis.

Under no circumstances shall students who reside outside of the State of Oklahoma be counted as ADM for the purpose of calculation of State Aid in Oklahoma.

Laws 1976, c. 38, § 3, eff. July 1, 1976.  Amended by Laws 1990, c. 293, § 5, eff. Sept. 1, 1990.

§70-5-117.4.  School improvement plan.

A.  Each local board of education shall, after convening an advisory council that includes teachers and parents, and after holding at least one public hearing, adopt a six-year school improvement plan for the district.  Each school improvement plan shall include stated goals that clearly delineate educational expectations, and shall be annually monitored and updated as necessary.  The plan shall also include a specific program of improvement through academic skill reinforcement and/or remediation pursuant to the provisions of the Oklahoma School Testing Program Act.  Such plan shall include an evaluation of the instructional program in the basic skills areas as specified in paragraphs 1 and 2 of subsection A of Section 11-103 of this title and specific plans whereby schools within the district will initiate the planning process of meeting or exceeding the accreditation requirements in Section 3-104.4 of this title.  The six-year school improvement plan shall include a consideration of the feasibility of participation in any programs which consist of state exemption from educational-related statutes or rules.

B.  The school improvement plan shall be submitted to the State Board of Education as provided in Section 3-104.2 of this title.

Added by Laws 1985, c. 329, § 17, emerg. eff. July 30, 1985.  Amended by Laws 1986, c. 259, § 64, operative July 1, 1986; Laws 1987, c. 186, § 2, eff. Nov. 1, 1987; Laws 1989, c. 315, § 58, operative July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 39, emerg. eff. April 25, 1990; Laws 1995, c. 307, § 5, eff. July 1, 1995; Laws 2002, c. 289, § 2, eff. July 1, 2002.

§70-5-117.5.  Employee health insurance plans.

A.  The board of education of each school district in this state shall provide a health insurance plan for the employees of the school district.  School districts may obtain health and dental insurance coverage as provided for in the State and Education Employees Group Insurance Act or may obtain other health insurance coverage.  Any school district that does not participate in the health and dental insurance plans offered through the State and Education Employees Group Insurance Act shall obtain health insurance coverage for the employees which provides open enrollment, and provide for the continuation of health insurance coverage, including supplemental Medicare insurance coverage, for those district employees who retire from said district after September 30, 1991, with a vested benefit in the Teachers' Retirement System of Oklahoma.  A retired person who begins receiving benefits from the Teachers' Retirement System of Oklahoma after September 30, 1991, who retires from a school district that provides other health insurance coverage, and who elects to continue said health insurance coverage shall pay to the school district the premium rate for the health insurance minus an amount equal to the premium rate of the Medicare supplement or the amount determined pursuant to subsection (4) of Section 1316.3 of Title 74 of the Oklahoma Statutes, whichever is less, which shall be paid by the Teachers' Retirement System of Oklahoma to the school district.  The school district shall remit to the health insurance coverage provider the total premium due less any uncollected amounts payable from retired school district employees or their qualified survivors.

B.  A school district that participates in health insurance coverage other than the health insurance plan offered by the State and Education Employees Group Insurance Act shall not be required to pay any portion of the premiums for the employees or the dependents of the employees of said school district, except as may otherwise be provided by law.  Unless a school district negotiates an agreement with its employees regarding health insurance pursuant to Sections 509.1 through 509.9 of this title, and to the extent that the agreement provides for the members of the recognized bargaining unit, a school district that participates in health insurance coverage other than the health insurance plan offered by the State and Education Employees Group Insurance Act is prohibited from acquiring additional or supplemental health or dental insurance for any board member, school superintendent or any other employee which is not available to all employees of said district, and said school district shall not pay a greater portion of the employee or dependent premium for any health or dental insurance plan or plans provided by said school district on behalf of any board member, school superintendent or employee than that portion paid on behalf of all participating employees of said district.

C.  If a school district obtains health insurance coverage from a source other than through the State and Education Employees Group Insurance Act, the employees of the school district who would be eligible to participate in the health and dental plans may require the board of education of the school district to call an election to allow said employees to vote as to whether the school district shall participate in the health and dental insurance plans offered through the State and Education Employees Group Insurance Act.  Upon the filing with the board of education of a petition calling for such an election which is signed by no less than thirty percent (30%) of the eligible employees of the school district, the board of education shall call an election for the purpose of determining whether the school district shall participate in the health and dental insurance plans offered through the State and Education Employees Group Insurance Act.  The election shall be held within thirty (30) days of the filing of the petition.  If a majority of those eligible employees voting at the election vote to participate in the health and dental insurance plans offered through the State and Education Employees Group Insurance Act, the board of education of the school district shall apply for such participation within thirty (30) days of the election.

D.  If a school district does not have any health insurance coverage of the type required by this section, that school district shall immediately be enrolled in the health and dental insurance plans offered through the State and Education Employees Group Insurance Act.

E.  A carrier providing health insurance coverage for employees of a school district health insurance group which replaces a previous carrier for such school district employees shall provide coverage for each retired employee who is receiving a benefit or terminates employment with a vested benefit from the Teachers' Retirement System of Oklahoma and who is enrolled in the health insurance group by the previous carrier at the time the previous carrier providing health insurance coverage is replaced.  Notwithstanding any provision in this section to the contrary, any person who retires pursuant to the provisions of the Teachers' Retirement System of Oklahoma prior to May 1, 1993, or terminates service with a vested benefit, pursuant to the provisions of the Teachers' Retirement System of Oklahoma prior to May 1, 1993, may continue to participate in the health and dental plans authorized by the provisions of the State and Education Employees Group Insurance Act.

F.  In the event a school district ceases to exist, the assets and duties of said school district are transferred to one or more other school districts, said other school district or districts do not agree to employ all of the former employees of the school district that is ceasing to exist, and said former employees who are not being reemployed have rights under federal or state law to continue group insurance coverage, the school district receiving all or a portion of the assets and duties of the annexing school district having the largest general fund revenue for the most recent preceding fiscal year for which data is available shall provide group insurance coverage to said former employees not being retained during the period as required by law.

G.  Any member of a district board of education who terminates service on or after July 1, 2002, who has served ten (10) or more years as a district board of education member in this state, and who is participating at the time of termination in a health and/or dental insurance plan offered by the school district, may elect upon termination of such service to continue participation in the health and/or dental insurance plan that the member was participating in at the time of termination.  The election provided in this subsection shall be made within thirty (30) days from the date of the school board member's termination of service.  The school board member shall pay the full cost of the insurance premium for such after-termination coverage at the rate and pursuant to the terms and conditions of such health and/or dental plan.

Added by Laws 1988, c. 165, § 1, operative July 1, 1988.  Amended by Laws 1991, c. 219, § 1, emerg. eff. May 22, 1991; Laws 1993, c. 359, § 1, eff. July 1, 1993; Laws 2001, c. 151, § 1, eff. July 1, 2001.

§70-5-117.6.  Regulation of dogs running at large.

The board of education of any school district which has property that lies outside the boundaries of a municipality may regulate or prohibit dogs from running at large on such property or on public property within five hundred (500) feet of such property, and cause the dogs to be impounded and may authorize the humane killing or disposal of such dogs.  The board of education may contract for the control of such dogs.

Added by Laws 1996, c. 116, § 1, eff. Nov. 1, 1996.

§70-5-117a.  Contracts for supplies, equipment or materials - Bidders to provide information as to manufacturer and country of origin of supplies, equipment and materials - Exemptions.

A.  Any board of education for a school district may require each bidder for a school district contract for supplies, equipment or materials to provide information as to the manufacturer and country of origin of any supplies, equipment or materials for the school district as specified by labels attached to the supplies, equipment or materials where such identification is required by federal or state law.

B.  Any school district contract for the purchase of supplies, equipment or materials may require the contractor to obtain from all of his subcontractors information as to the manufacturer and country or countries of origin of any such supplies, equipment or materials provided to the school district as specified by labels attached to the supplies, equipment or materials where such identification is required by federal or state law.

C.  The provisions of this section shall not apply to:

1.  Component parts or accessories; or

2.  The purchase of supplies, equipment or material by any board of education, if such purchase is made through an open market contract or a statewide contract executed by the Department of Central Services.

Added by Laws 1992, c. 205, § 3, eff. July 1, 1992.

§70-5-117b.  Interlocal cooperative agreements.

A.  The boards of education of any two or more school districts may enter into an interlocal cooperative agreement for the purpose of jointly and comparatively performing any of the services, duties, functions, activities, obligations or responsibilities which are authorized or required by law to be performed by school districts of this state.  Two or more school districts may enter into an interlocal cooperative agreement for the purpose of forming buying pools and purchasing cooperatives.  As used in this section, "interlocal cooperative agreement" means an agreement which is entered into by the boards of education of two or more school districts pursuant to the provisions of this section.  This section shall not prohibit school districts from entering into cooperative agreements authorized under Section 5-117 of this title or interfere with existing cooperative agreements between school districts.  If the boards of education of any two or more school districts enter into an interlocal cooperative agreement the following conditions may apply:

1.  An interlocal cooperative agreement shall establish a board of directors which shall be responsible for administering the joint or cooperative undertaking.  The agreement shall specify the organization, terms, and composition of, and manner of appointment to, the board of directors and shall make provision for restructuring or terminating the board upon partial or complete termination of the agreement.  The board of directors shall be selected by the board of education of each contracting school district and may include but not be limited to a board member, administrator or teacher from each contracting school district.  Vacancies in the membership of the board of directors shall be filled within thirty (30) days from the date of the vacancy in the manner specified in the agreement;

2.  An interlocal cooperative agreement which is optional to school districts and shall be effective only after it is approved by the State Board of Education and the board of directors may be designated as a local education agency for some or all state and federal application, reporting and auditing procedures.  An interlocal cooperative board of directors that has been designated as a local education agency shall comply with state and federal law and the regulations of the State Board of Education;

3.  An interlocal cooperative agreement shall be subject to change or termination by a recommendation of the State Board of Education;

4.  The duration of an interlocal cooperative agreement for joint or cooperative action in performing any of the services, duties, functions, activities, obligations or responsibilities, other than the provision of special education services, which are authorized or required by law of school districts in this state, shall be for a term of not less than one (1) year.  Notice of intent of a school district to withdraw from the cooperative agreement must be given no later than March 15 for the ensuing school year;

5.  An interlocal cooperative agreement shall specify the method or methods to be employed for disposing of property upon partial or complete termination of the agreement;

6.  Within the limitations provided by law, an interlocal cooperative agreement may be changed or modified by majority consent of the interlocal cooperative board of directors;

7.  Except as otherwise specifically provided in this section, any powers, privileges or authority exercised or capable of being exercised by any school district of this state, or by any board of education thereof, may be jointly exercised pursuant to the provisions of an interlocal cooperative agreement.  No powers, privileges or authority with respect to the levy and collection of taxes or the application for or receipt of State Aid formula money, or the issuance of bonds shall be created or effectuated for joint exercise pursuant to the provisions of an interlocal cooperative agreement; and

8.  Payments from the general fund of each school district which enters into any interlocal cooperative agreement for the purpose of financing the joint or cooperative undertaking provided for by the agreement shall be operating expenses.

B.  Nothing contained in this section shall be construed to abrogate, interfere with, impair, qualify or affect in any manner the exercise and enjoyment of all the powers, privileges and authority conferred upon school districts and boards of education by law, except that boards of education and school districts are required to comply with the provisions of this section when entering into an interlocal cooperative agreement that meets the definition of an interlocal cooperative agreement.

Added by Laws 1993, c. 120, § 1, eff. July 1, 1993.  Amended by Laws 2003, c. 327, § 1, eff. July 1, 2003.

§70-5-118.  Meetings of board - Change in date of regular meetings - Compensation of members of boards of districts with ADA exceeding 15,000.

Regular meetings of the board of education of each school district shall be held upon the first Monday of each month, or upon such day as may be fixed by the board.  Special meetings may be held from time to time as circumstances may demand.

All meetings of the boards of education shall be public meetings, and in all such meetings the vote of each member must be publicly cast and recorded.  Executive sessions will be permitted only for the purpose of discussing the employment, hiring, appointment, promotion, demotion, disciplining, or resignations of any or all of the employees or volunteers of the school district, and for the purpose of discussing negotiations concerning employees and representatives of employee groups, and for the purpose of hearing evidence and discussing the expulsion or suspension of a student or students only when requested by the student involved or his or her parent, attorney, or legal guardian; provided, however, that any vote or action thereon must be taken in a public meeting with the vote of each member publicly cast and recorded.  It is required that the board of education shall provide notice to the student, his or her parent, attorney or legal guardian that said student is entitled to an executive session regarding the discussion of expulsion or suspension of said student.

Any action taken in violation of the provisions of this act shall be invalid.

Each member of the board of education of a school district with an average daily attendance exceeding fifteen thousand (15,000) or a school district where boundaries encompass a total population exceeding one hundred thousand (100,000) persons according to the last preceding Federal Decennial Census may be paid from the district's general fund a stipend of Twentyfive Dollars ($25.00) for each regular, special or adjourned meeting of the board of education that he or she attends, but not for more than four meetings in any calendar month.

Added by Laws 1971, c. 281, § 5-118, eff. July 2, 1971.  Amended by Laws 1975, c. 101, § 1, emerg. eff. May 1, 1975; Laws 1977, c. 116, § 1; Laws 1987, c. 53, § 1, eff. Nov. 1, 1987; Laws 2005, c. 472, § 7, eff. July 1, 2005.

§70-5-119.  Officers of board - Encumbrance clerk and minute clerk - Bond.

A.  Except for districts that elect a chair of the board pursuant to Section 1 of this act, the board of education of each school district shall elect from its membership at the first regular, special or emergency meeting following the annual school election and certification of election of new members, a president and vice president, each of whom shall serve for a term of one (1) year and until a successor is elected and qualified.  The board shall also elect a clerk and, in its discretion, a deputy clerk, either of whom may be one of the members of the board, and each of whom shall hold office during the pleasure of the board and each of whom shall receive such compensation for services as the board may allow.  If the board elects a board clerk who is not one of the members of the board, the board clerk may also be employed as the encumbrance clerk and minute clerk.  Provided, no superintendent, principal, treasurer or assistant treasurer, instructor, or teacher employed by such board shall be elected or serve as clerk or deputy clerk of the board nor as encumbrance clerk or minute clerk except that a treasurer or assistant treasurer may serve as a minute clerk.  No board member shall serve as encumbrance clerk or minute clerk.  The deputy clerk may perform any of the duties and exercise any of the powers of the clerk with the same force and effect as if the same were done or performed by the clerk.  Before entering upon the discharge of the duties of the deputy clerk, the deputy clerk shall give a bond in a sum of not less than One Thousand Dollars ($1,000.00) with good and sufficient sureties to be approved by the board conditioned for the faithful performance of the duties of the deputy clerk.

B.  The board of education shall employ an encumbrance clerk and minute clerk, both functions of which may be performed by the same employee.  The encumbrance clerk shall keep the books and documents of the school district and perform such other duties as the board of education or its committees may require.  The minute clerk shall keep an accurate journal of the proceedings of the board of education and perform such other duties as the board of education or its committees may require.  The board of education may designate a deputy minute clerk.  The deputy minute clerk may perform any of the duties and exercise any of the powers of the minute clerk with the same force and effect as if the same were done or performed by the minute clerk.  Before entering upon the discharge of the duties of the deputy minute clerk, the deputy minute clerk shall give a bond in a sum of not less than One Thousand Dollars ($1,000.00) with good and sufficient sureties to be approved by the board conditioned for the faithful performance of the duties of the deputy minute clerk.  Before entering upon the discharge of their duties, the encumbrance clerk and minute clerk shall each give a bond in a sum of not less than One Thousand Dollars ($1,000.00) with good and sufficient sureties to be approved by the board conditioned for the faithful performance of their duties.  If both functions are performed by the same person only one bond in a sum of not less than One Thousand Dollars ($1,000.00) shall be required.

Added by Laws 1971, c. 281, § 5-119, eff. July 2, 1971.  Amended by Laws 1988, c. 90, § 17, operative July 1, 1988; Laws 1989, c. 315, § 59, operative July 1, 1989; Laws 1990, c. 221, § 7, operative July 1, 1990; Laws 1992, c. 254, § 6, emerg. eff. May 22, 1992; Laws 2000, c. 280, § 4, emerg. eff. June 1, 2000.

§705120.  President  Duties.

It shall be the duty of the president to preside at meetings of the board of education, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the treasurer for school money.  Laws 1971, c. 281, Section 5120.  Eff. July 2, 1971.

Laws 1971, c. 281, § 5120, eff. July 2, 1971.  

§705121.  Vice president  Duties.

It shall be the duty of the vice president to perform all of the duties of the president in case of his absence or disability. Laws 1971, c. 281, Section 5121.  Eff. July 2, 1971.

Laws 1971, c. 281, § 5121, eff. July 2, 1971.  

§705122.  Clerk  Duties.

It shall be the duty of the clerk to countersign all warrants for school monies drawn upon the treasurer by the board of education and perform such other duties as required by law or as the board of education or its committees may require.

The clerk of the board of education of any school district is hereby authorized to destroy all claims, warrants, contracts, purchase orders and any other financial records, or documents, including those relating to school activity funds, on file or stored in the offices of the board of education of such district for a period of longer than five (5) years.

Amended by Laws 1988, c. 90, § 18, operative July 1, 1988.  

§70-5-123.  Noncontract expenditures - Limitations.

No expenditure involving an amount greater than Five Hundred Dollars ($500.00) shall be made by a board of education except in accordance with the provisions of a written contract or purchase order.

Added by Laws 1971, c. 281, § 5-123, eff. July 2, 1971.  Amended by Laws 1982, c. 143, § 2; Laws 1985, c. 101, § 1, emerg. eff. May 28, 1985; Laws 1989, c. 300, § 16, operative July 1, 1989; Laws 1999, c. 86, § 1, eff. July 1, 1999.

§705124.  Board contracts prohibited  Exceptions.

A.  Except as otherwise provided in this section, no board of education of any school district in this state shall make any contract with any of its members or with any company, individual or business concern in which any of its members shall be directly or indirectly interested.  All contracts made in violation of this section shall be wholly void.  A member of a board of education shall be considered to be interested in any contract made with any company, individual, or any business concern if the member of the board of education or any member of the immediate family of the member owns any substantial interest in same.

B.  For purposes of this section, the following shall not be considered the making of a contract:

1.  Any contract with a qualified nonprofit Internal Revenue Code 501(c)(3) organization, except for contracts paying salaries or expenses or except a contract involving the counseling or instruction of students or staff;

2.  Monthly billings submitted to any school district for public utility companies, electric cooperatives or telephone companies, whose services are regulated by the Oklahoma Corporation Commission, or billings of the utility companies, electric cooperatives or telephone companies pertaining to installations or changes in service, where tariffs for the charges or billings by the companies are on file with the Oklahoma Corporation Commission; and

3.  The depositing of any funds in a bank or other depository.

C.  1.  The governing board of a technology center school district may enter into a contract for the technology center school district to provide training for a company, individual or business concern by which a member of the board is employed.  A board member shall abstain from voting on any such contract between the technology center school district board and the company, individual or business concern by which the member is employed.

2.  A board of education may enter into a contract with a company, individual, or business concern in which a board member or a member's spouse is employed by or has a substantial interest if the company, individual, or business concern is the only supplier having a place of business located within the school district or within ten (10) miles of the needed services or materials.  The board member shall abstain from voting on any such contract between the company, individual, or business concern in which that member has a substantial interest, and the minutes of the board meeting at which the contract is approved shall state that the contract is being made because of the lack of another supplier with a place of business located within the school district.

3.  A board of education which has entered into a lease-purchase agreement, prior to the time a board member which has a substantial interest in the company, individual, or business concern became a member of the board of education, may, after the member becomes a board member, continue to exercise any fiscal year options in the lease-purchase agreement for renewal of the lease-purchase for the balance of the contract term.  The affected board member shall abstain from voting on such fiscal year renewal of the continuation of the lease-purchase agreement.

4.  A board of education may enter into a contract with a company, individual or business concern in which a board member or a spouse of a member is employed and has no substantial interest if the school district does not include any part of a municipality with a population greater than two thousand five hundred (2,500) according to the latest Federal Decennial Census and the company, individual or business concern is located in the corporate limits of a municipality which is in the boundaries of the school district.

D.  A board member shall not be considered to be directly or indirectly interested in any contract with a company, individual, or business concern that employs such board member or the spouse of the board member if the board member or the spouse of the board member has an interest of five percent (5%) or less in the company, individual, or business concern.

Added by Laws 1971, c. 281, § 5-124, eff. July 2, 1971.  Amended by Laws 1987, c. 102, § 2, emerg. eff. May 22, 1987; Laws 1992, c. 394, § 2, emerg. eff. June 10, 1992; Laws 1993, c. 118, § 1; Laws 1996, c. 341, § 4, eff. Nov. 1, 1996; Laws 1997, c. 317, § 4, emerg. eff. May 29, 1997; Laws 1998, c. 365, § 9, eff. July 1, 1998; Laws 2001, c. 33, § 73, eff. July 1, 2001.

NOTE: Laws 1993, c. 106, § 1 repealed by Laws 1993, c. 360, § 18, eff. July 1, 1993.

§705125.  Liability for voting for false claim.

A.  Every member of the board of education or board of county commissioners who shall hereafter vote for the payment of any money or transfer of any property belonging to the school district in settlement of any claim known to such member to be fraudulent or void, or in pursuance of any unauthorized, unlawful or fraudulent contract or agreement made or attempted to be made, for any school district, by any officer or officers thereof, and every person having notice of the facts with whom such unauthorized, unlawful or fraudulent contract shall have been made, or to whom, or for whose benefit such money shall thereafter be paid, or such transfer of property shall be made, shall be liable in damage to all innocent persons in any manner injured thereby and shall be liable to the school district affected for double the amount of all sums of money so paid, and double the value of property so transferred, as a penalty to be recovered by civil suit brought by the board of education of such school district, or by any school district elector thereof, as provided in Section 5-126 of this title.

B.  Any member of a board of education of a school district who votes for the payment of any money or transfers any property belonging to the school district in settlement of any claim known to such member to be fraudulent, void or in pursuance of any unauthorized, unlawful or fraudulent contract or agreement made or attempted to be made for any such district shall be guilty of a misdemeanor.  Every person having notice of the facts with whom any unauthorized, unlawful or fraudulent contract shall have been made or to whom or for whose benefit such money or property shall have been or thereafter will be paid shall be guilty of a misdemeanor.  Upon conviction of a misdemeanor described in this section, the person shall make full restitution of all monies and/or property misallocated and be punished by a fine of not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not to exceed one (1) year, or by both such fine and restitution and imprisonment and if such person is a member of a board of education, shall be removed from office pursuant to Section 1181 et seq. of Title 22 of the Oklahoma Statutes or Section 91 et seq. of Title 51 of the Oklahoma Statutes.

C.  Such illegal payment of money shall include, but shall not be limited to, salaries or any compensation paid to any person for teaching or performing other services for the district when such person does not have a written contract required by law or does not hold a valid certificate as required by law or by rules and regulations of the State Board of Education for the subjects taught or services performed and which is valid for the entire time for which such person has been paid.  Any person receiving an illegal payment knowing or having reasonable cause to believe such payment to be illegal shall be guilty of a misdemeanor and shall be subject to the punishment prescribed in subsection B of this section.

Laws 1971, c. 281, § 5125, eff. July 2, 1971; Laws 1991, c. 236, § 7, eff. Sept. 1, 1991.

§705126.  Refusal, failure or neglect of board  Elector may institute action.

Upon refusal, failure or neglect of the board of education of any school district, after written demand made upon them by ten school district electors of such school district, or by the State Board of Education, either to return the money or to institute and diligently prosecute the proper proceedings at law or in equity for the recovery of any money or property belonging to such district, paid out or transferred by any officer thereof, in pursuance of any unauthorized, unlawful, fraudulent or void contract, made or attempted to be made by the board of education of any such school district, or for the penalty provided in Section 5-125 of this title, any school district elector of the school district affected by such payment or transfer, may, in the name of the State of Oklahoma as plaintiff, institute and maintain any proper action at law or in equity which the board of education of the school district might institute and maintain, for the recovery of such property or for said penalty, for the benefit of the district, and any judgment thus obtained shall provide for payment of attorney fees and court costs to the prevailing party.

Laws 1971, c. 281, § 5126, eff. July 2, 1971; Laws 1991, c. 236, § 8, eff. Sept. 1, 1991.

§705127.  Repealed by Laws 1994, c. 92, § 3, emerg. eff. April 21, 1994.

§70-5-127.1.  Release of audit to public.

Except for audits requested by a prosecutorial agency, the findings of an audit performed on any school district by any state agency, or on behalf of or at the direction of any state agency, shall be discussed with the members of the board of education and the superintendent or a designee of the affected school district at least fourteen (14) days prior to the release of the audit to the public.

Added by Laws 1999, c. 327, § 2, eff. July 1, 1999.

§705128.  Annual statistical and financial reports.

Boards of education of all school districts are hereby required to make annual statistical and financial reports to the State Board of Education.  The statistical report shall be made as of June 30.  Each of such reports shall be filed with the State Board of Education as soon as information is available following the effective date of such reports.

Laws 1971, c. 281, § 5128, eff. July 2, 1971; Laws 1993, c. 239, § 27, eff. July 1, 1993.

§705128.1.  Annual itemized expenditure budget and request for appropriated funds and estimate of revenues.

No later than September 1 of each year the board of education of each school district shall file with the State Board of Education an itemized expenditure budget and request for state appropriated funds for the ensuing fiscal year, and an estimate of the revenues from all sources to be received by the district during the ensuing fiscal year.

Added by Laws 1986, c. 105, § 1, emerg. eff. April 5, 1986.  

§70-5-128.2.  Electronic transmission of reports, plans or grants.

A.  The State Board of Education shall not require school districts to submit a written paper copy of any documents that are filed electronically with the Board in a format that is compatible with the State Department of Education computer system.

Any correspondence between the State Department of Education and a school district concerning an electronically filed report, plan or grant, may also be conducted by electronic transmission.  If a signature is required on any electronically filed document, a facsimile signature shall be submitted with the document.

B.  Nothing in this section shall prohibit a school district from filing any reports with the State Department of Education in a written paper format.

Added by Laws 2001, c. 242, § 3, eff. July 1, 2001.

§70-5-129.  School activity fund - Control - Accounts - Disbursements - Petty cash accounts - Custodian - Bond - Investment of funds - Refund subaccount.

A.  The board of education of each school district shall exercise control over all funds and revenues on hand or hereafter received or collected, as herein provided, from student or other extracurricular activities or other revenue-generating sources listed in subsection B of this section that are conducted in the school district.  Such funds shall be deposited to the credit of the account maintained for the benefit of the particular activity within the school activity fund.  Deposits of funds subject to the requirements of this section shall be made by the end of the next business day; however, if the deposit for a day totals less than One Hundred Dollars ($100.00), a school district may accumulate monies required to be deposited into the fund on a daily basis until the total accumulated balance of deposits equals or exceeds One Hundred Dollars ($100.00).  Provided, a school district shall deposit accumulated monies into the fund not less than one (1) time per week, regardless of whether the monies total One Hundred Dollars ($100.00).  Disbursements from each of the activity accounts shall be by check countersigned by the school activity fund custodian and shall not be used for any purpose other than that for which the account was originally created.  The board of education, at the beginning of each fiscal year and as needed during each fiscal year, shall approve all school activity fund subaccounts, all subaccount fund-raising activities and all purposes for which the monies collected in each subaccount can be expended.  Provided, the board of education may direct by written resolution that any balance in excess of the amount needed to fulfill the function or purpose for which an account was established may be transferred to another account by the custodian.

B.  The board of education of each school district may designate that any of the following revenue be deposited for the use of specific school activity accounts, or to a general activity fund within the school activity fund:

1.  Admissions to athletic contests, school or class plays, carnivals, parties, dances and promenades;

2.  Sale of student activity tickets;

3.  Concession sales, including funds received from vending concession contracts and school picture contracts approved by the district board of education, and cafeteria or luncheon collections;

4.  Dues, fees and donations to student clubs or other organizations, provided that membership in such clubs or organizations shall not be mandatory;

5.  Income or revenue resulting from the operation of student organizations or club projects, provided, such revenue is not derived from the lease, rental or sale of property, supplies, products or other assets belonging to the school district.  When approved by the board of education, student organizations or club projects may include fund-raising activities, the revenues from which may be used for the purpose of purchasing goods or services otherwise considered to be general fund expenditures;

6.  Deposits for or collections for the purchase of class pictures, rings, pins, announcements, calling cards, annuals, banquets, student insurance and other such personal items; provided the cost of such items shall not be charged against other school funds; and

7.  Other income collected for use by school personnel and other school-related adult functions.

C.  The board of education of each district may establish petty cash accounts to be used only for the purpose of making small cash expenditures, such as postage, freight or express charges; provided, no single expenditure from a petty cash account shall be made in excess of Seventyfive Dollars ($75.00), and the total expenditures during any one (1) fiscal year shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) per school building.  The school activity fund custodian shall initiate petty cash accounts by filing a claim against the general fund of the school district for the authorized amount of each petty cash account which shall not exceed Two Hundred Dollars ($200.00) per school building.  The general fund warrants issued in payment of said claim shall be deposited in a "Petty Cash Account" in the school activity fund.

All disbursements from the petty cash accounts shall be made in the same manner as other disbursements from the school activity fund, except no disbursement shall be made from a petty cash account unless a prenumbered, dated receipt be obtained and signed by the person receiving payment.  A school board may designate a petty cash custodian to countersign petty cash checks in place of the activity fund custodian.  The school activity fund custodian shall file claims against the general fund of the school district for reimbursement of a petty cash account whenever the need shall arise.  Such claims shall be itemized in the same manner as other claims filed against the general fund and shall have attached thereto the receipts covering each of the expenditures claimed for reimbursement.  The total of a petty cash account balance and the receipts on hand awaiting reimbursement should equal at all times the authorized amount of a petty cash account.

None of the provisions pertaining to a petty cash account shall be construed to authorize the use of one (1) fiscal year's fund to pay obligations of another fiscal year.  Any remaining balance in each petty cash account shall be transferred to the general fund on or before June 30 of each year.

D.  The State Board of Education shall adopt appropriate rules and regulations and design standard forms for the proper conduct of the various school activity accounts.

E.  The school activity fund custodian and the petty cash custodian shall be appointed by the board of education of the school district.  The school activity fund custodian and the petty cash custodian shall give a surety bond in an amount determined by the board of education, but not less than One Thousand Dollars ($1,000.00).  The premium of the surety bond shall be paid from the school activity fund or the general fund.

F.  The local board of education is hereby authorized to invest activity funds as it determines appropriate.  Upon direction of the local board of education, the custodian of the activity fund shall invest activity funds in any or all of the investments permitted and listed in Section 5-115 of this title.

G.  The board of education of a school district may establish, by board resolution, a general fund refund subaccount within the school activity fund.  The balance in the subaccount shall be determined by need, and it shall be funded by refunds and reimbursements received, including but not limited to, rental income, reimbursements for lost and damaged textbooks, summer school and adult tuition, overpayments and tax refunds, as well as transfers, by treasurer's check, from the school district general fund.  The subaccount may be expended only for the refund of revenues previously received and deposited either into the subaccount or directly into the general fund.  Any remaining balance in the refund subaccount shall be transferred to the school district general fund on or before June 30 of each year.

H.  The board of education of a school district may authorize the custodian of the school activity funds to provide cash advances to the sponsors for travel expenses on behalf of school district students and sponsors of certain school activities.  The cash advances may only come from the school activity fund subaccount directly involved in the travel of such students or sponsor and only if the travel is one of the stated functions or purposes for the establishment of the subaccount.  Receipts for all expenditures of the cash advances shall be kept and turned in to the custodian of the school activity fund following said trip.

I.  Any invoice submitted to a school district which is to be paid from a school activity fund and is for payment of an authorized expenditure in an amount equal to or greater than the threshold amount stated in Section 310.9 of Title 62 of the Oklahoma Statutes shall conform to the requirements set forth in that section.

Added by Laws 1971, c. 281, § 5-129, eff. July 2, 1971.  Amended by Laws 1974, c. 234, § 30, emerg. eff. May 17, 1974; Laws 1977, c. 222, § 1, eff. Oct. 1, 1977; Laws 1981, c. 127, § 1, emerg. eff. May 4, 1981; Laws 1981, c. 353, § 1; Laws 1988, c. 90, § 19, operative July 1, 1988; Laws 1990, c. 221, § 8, operative July 1, 1990; Laws 1993, c. 45, § 1, emerg. eff. April 9, 1993; Laws 1995, c. 205, § 2, eff. July 1, 1995; Laws 1999, c. 173, § 1, eff. July 1, 1999; Laws 2000, c. 116, § 1, eff. July 1, 2000; Laws 2002, c. 283, § 2, eff. July 1, 2002; Laws 2003, c. 290, § 2; Laws 2004, c. 361, § 19, eff. July 1, 2004; Laws 2005, c. 472, § 8, eff. July 1, 2005.

§705129.1.  Funds exempted from provisions of Section 5129 of this title.

Those funds which are collected by programs for student achievement and by parent-teacher associations and organizations that are sanctioned by the school district board of education shall be exempt from the provisions as outlined in Section 5-129 of this title.  Each school district board of education shall adopt policies providing guidelines for the sanctioning of organizations and associations exempted or applying to be exempted pursuant to the provisions of this section.  The guidelines may include but not be limited to examinations of financial and performance audits performed on each such organization and association.

Added by Laws 1984, c. 296, § 26, operative July 1, 1984.  Amended by Laws 1993, c. 45, § 2, emerg. eff. April 9, 1993; Laws 1994, c. 70, § 1, eff. July 1, 1994; Laws 1996, c. 99, § 1, eff. July 1, 1996.

§70-5-129.2.  Separate accounts - Disbursements - Approval by boards of education - Transfer of funds.

A.  In conformance with any other law providing procedures for the deposit of such funds, area school districts shall be authorized to establish separate accounts for deposits received for live work, resale items, student financial aid, tuitions and other fees.  Such funds shall be deposited to the credit of the account maintained for that particular purpose.  Disbursements from each account shall be by check countersigned by the custodian of the account and shall not be used for any purpose other than that for which the account was originally created.

B.  The board of education of the technology center school district, at the beginning of each fiscal year and as needed during each fiscal year, shall approve all accounts created pursuant to this section and all purposes for which the monies collected in each account may be expended.  Provided, the board of education may direct by written resolution that any balance in excess of the amount needed to fulfill the function or purpose for which an account was established may be transferred to another account by the custodian.

Added by Laws 1990, c. 221, § 9, operative July 1, 1990.  Amended by Laws 2001, c. 33, § 74, eff. July 1, 2001.

§705130.  School buildings and property  Permission to use for other purposes.

A.  The board of education of any school district may, under such regulations and conditions as it may prescribe:

1.  Open any school building and permit the use of any property belonging to such district for religious, political, literary, community, cultural, scientific, mechanical, agricultural, or parental involvement purposes, and other purposes of general public interest including the provision of public library services pursuant to agreements with governing boards or commissions of public libraries or library systems;

2.  Contract to provide transportation equipment as defined in Section 9-104 of this title for any purpose specified in paragraph 1 of this subsection; and

3.  Make a reasonable charge to cover the cost of the use of such building, property or transportation equipment.

B.  The State Board of Education shall encourage each board of education to inquire into and promote the use of its school buildings and property for the purposes provided in subsection A of this section for such activities both before and after regular school hours.

Laws 1971, c. 281, § 5130, eff. July 2, 1971; Laws 1989, 1st Ex. Sess., c. 2, § 33, emerg. eff. April 25, 1990; Laws 1990, c. 257, § 4, emerg. eff. May 23, 1990; Laws 1994, c. 362, § 5, eff. July 1, 1994.

§705131.  Educational courses  Buildings and equipment.

The board of education of every school district in this state is hereby authorized to provide educational courses for all persons and said board is authorized to provide necessary buildings, equipment, and other facilities for such persons.  Such educational courses may include grades one to twelve, inclusive, for persons between the ages of six (6) and twentyone (21) years and may also include nursery and kindergarten classes, junior college grades, vocational and technical instruction, adult and parttime classes and other special classes.  The curricula and qualifications of teachers shall be determined by the State Board of Education except as otherwise provided herein.  Provided, any district offering educational courses shall charge tuition fees for such courses unless the school district has funds available to pay the cost thereof which are not needed to maintain the common school program.

Laws 1971, c. 281, § 5131, eff. July 2, 1971.  

§705131.1.  Sewage disposal systems.

The board of education of any school district, which by reason of its location is unable to secure service from a municipally owned sewer system, is hereby authorized to design, construct, own and operate a sewage disposal system of such type and size as will be best suited to the needs of the particular school district.  The board of education of any such school district is also authorized to accept from the state, federal government, or any agency, department or instrumentality of either, grants for or in aid of the construction and engineering of any such sewage disposal system.

Laws 1977, 1st Ex.Sess., c. 1, § 25, emerg. eff. June 21, 1977.  

§70-5-131.2.  Energy conservation contracts.

A.  As used in this section, "energy conservation measures" means one or more of the following items:

1.  Insulation of the building structure or systems within the building;

2.  Storm windows or doors, caulking or weather-stripping, multiglazed windows or doors, heat-absorbing or heat-reflective, glazed, and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption;

3.  Automatic or computerized energy control systems;

4.  Heating, ventilating or air conditioning system modifications or replacements;

5.  Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system, but not for the sole purpose of increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building codes for the lighting system after the proposed modifications are made;

6.  Indoor air quality improvements;

7.  Energy recovery systems; and

8.  Energy awareness education programs.

B.  The board of education of any school district in compliance with the provisions of this section, may enter into an energy conservation contract for the purpose of implementing energy conservation measures designed to reduce the energy consumption of school facilities.

C.  1.  The board of education shall require the provider of the energy conservation measures to file with the board of education a performance bond that is in an amount the board finds reasonable and necessary to protect the interests of the board and that covers the value of the guaranteed savings on the contract and is conditioned on the faithful execution of the terms of the contract.

2.  If bonding industry limitations prevent execution of a performance bond which covers guaranteed savings for the entire term of the lease-purchase agreement the contract may allow an option for:

a. a performance bond which covers guaranteed savings for a shorter term.  At the completion of the bond term, a new bond may be executed which covers guaranteed savings for an additional period of years.  This process may be continued in like manner for the duration of the lease-purchase agreement as specified by subsection D of this section, or

b. a performance bond which covers guaranteed savings for a shorter term.  At the completion of the bond term, if the bond cannot be renewed as provided in subparagraph a of this paragraph and if there has been a guaranteed savings shortfall during the last twelve (12) months, the board of education may assume a continued annual shortfall of the same amount and request repayment from the contractor of the net present value of the shortfall through the end of the lease repayment period.  The discount factor to calculate the net present value shall be the annual percentage rate of the lease-purchase agreement.

D.  1.  The board of education may enter into an energy conservation contract for a period of more than one (1) year for the implementation of energy conservation measures with a person or business entity if the board of education finds that the amount the school district would spend on the energy conservation measures, excluding any initial partial payment, will not exceed the total savings over the repayment period of the energy conservation contract from the date of installation.

2.  The term of the energy conservation contract and the lease-purchase agreement shall include the installation period and the lease repayment period.

3.  If the term of an energy conservation contract exceeds one (1) year, the contractual obligation of the school district, excluding any initial partial payment, in any year during the term of the energy conservation contract may not exceed the total savings including, but not limited to, electrical, gas, or other utility cost savings and savings from lowered maintenance, as determined by the board of education.  Savings shall be guaranteed by the entity providing the energy conservation measures.

4.  Energy conservation contracts shall not permit the carry-forward of savings above the guaranteed amount from one year to a future year shortfall.

5.  Maintenance for energy conservation measures may be a part of the energy conservation contract.

6.  The board of education shall consider all costs of the energy conservation measures, including costs of design, engineering, installation, maintenance, maintenance tools and equipment, spare parts, repairs, and debt service.

E.  In addition to any other provisions, the energy conservation contract shall:

1.  Provide that all savings should be tracked and audited by the contractor with an annual report provided to the board of education along with a payment by the provider for reimbursement of savings not realized;

2.  Be for a term of years that is not less than the term of years of any associated lease-purchase agreement;

3.  Provide that the board of education may terminate the agreement for nonperformance by the contractor;

4.  Contain a nonappropriation clause; and

5.  Contain a baseline calculation and an energy savings calculation.  The calculations shall be performed in accordance with the procedures used by the International Protocol for Measurement and Verification Procedures (IPMVP) or succeeding standard of the United States Department of Energy.

F.  1.  An energy conservation contract, with respect to existing buildings or facilities, may be funded through a lease-purchase agreement that meets federal tax requirements for tax-free municipal leasing or long-term financing.

2.  The repayment period of the lease-purchase agreement shall not exceed the lesser of fifteen (15) years or the weighted average equipment life to be installed under the energy conservation contract.

3.  Lease-purchase agreements for energy conservation measures shall be considered separate from the energy conservation contract and shall contain a nonappropriation clause.

G.  1.  Energy conservation contracts and lease-purchase agreements executed pursuant to this section shall be let under competitive proposal procedures.

2.  Notice of the request for proposals shall be published in the manner provided for competitive bidding.  Requests for proposals must solicit quotations and must specify the relative importance of guaranteed savings, price, financial performance and stability, quality, technical ability, experience and other evaluation factors.

3.  The board of education shall review the proposals it receives, and shall select at least two for more detailed consideration.  The initial screening should consider the ability of the offeror to provide energy conservation measures as well as the following factors:

a. specialized experience in the type of work contemplated,

b. capacity to accomplish the work in the required time,

c. past performance, and

d. estimated savings.

4.  The board of education shall negotiate the contract with the selected offeror.  The negotiated scope and contract rate shall be reported to the board of education for the approval of the award of the contract.

5. a. If the board of education and the first-choice offeror cannot reach an agreement, their negotiations shall be terminated and negotiations with the second-choice offeror shall commence.

b. If the board of education and the second-choice offeror cannot reach an agreement, then all negotiations shall be terminated.

c. Should the board of education be unable to negotiate a satisfactory contract with any of the two selected offerors, the board of education shall select additional offerors in order of their competency and qualifications and shall continue negotiations in accordance with the provisions of this subsection until an agreement is reached.

6.  The energy conservation contract and lease-purchase agreement shall be awarded to the responsible offeror whose proposal, following negotiations, is determined to be the most advantageous to the school district considering the guaranteed savings and other evaluation factors set forth in the request for proposals.  In order to determine the energy savings measures to be considered by proposers, the board of education may hire an independent energy consultant.

7.  Fees assessed by the consultant will be paid from proceeds of any financing associated with the energy conservation contract.

H.  If provided in a request for proposals under subsection G of this section, proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals confidential during negotiations.

I.  All proposals shall be open for public inspection after the contract with the selected provider has been executed, but trade secrets and proprietary information clearly identified in the proposals shall not be open for public inspection.

Added by Laws 1996, c. 140, § 1, eff. July 1, 1996.  Amended by Laws 1996, c. 276, § 15, emerg. eff. May 30, 1996; Laws 2000, c. 164, § 4, emerg. eff. April 28, 2000.

§705132.  Students of legal age  Completion of twelfth grade  Attendance at adult high school completion program.

A.  Any person who is of legal age and a resident of Oklahoma, over the age of twentyone (21) and under the age of twentysix (26), and who has not completed the twelfth grade in school shall be given the same educational privileges and opportunities provided by law for children over the age of five (5) and under the age of twentyone (21), upon submitting to the board of education of the school district in which said person resides evidence satisfactory to that board showing that during the time before he was twentyone (21) years of age he was unable to attend school for a definite period or periods of time because of physical disability, or service in the United States Armed Forces or Auxiliary Organizations, by reason whereof it was impossible for him to complete the twelfth grade before reaching the age of twentyone (21).  Provided, further, said pupil shall be counted in the average daily attendance of the district where he attends school during the period of time provided for in this article for the purpose of calculating State Aid for the district.

B.  Any resident of the state who is nineteen (19) years of age or older, who is not enrolled in any high school program, and who has not completed the twelfth grade may attend any adult high school completion program which is established by a school district and approved by the State Board of Education if such attendance has the approval of the district offering the program.  Such attendance shall not be counted in the average daily attendance of the district unless the Legislature appropriates monies for adult high school completion programs.  Such attendance shall not be counted to meet minimum numbers for accreditation of the school district involved, and such students shall not attend classes which are a part of the normal class structure of the district.

Amended by Laws 1988, c. 211, § 1, eff. July 1, 1988.  

§705132.1.  Certain persons 21 years of age or older may be allowed to complete high school.

A.  Any person other than those persons provided for in Section 5132 of this title, who is twentyone (21) years of age or older and who has not completed the requirements for a high school diploma or received a General Education Diploma, upon proper application to an independent school district may be given the opportunity to complete the requirements for and receive a regular high school diploma.

B.  The school district or technology center school district in which such person resides may give the person the option of attending regular classes if class size restrictions are not violated, or of participating in other programs which may be provided pursuant to provisions of the Oklahoma Statutes or rules promulgated by the State Board of Education or State Board of Career and Technology Education.  Providing, however, that the school district may deny admittance of persons over twentyone (21) to its classes.

C.  The school district or technology center school district may charge such person an amount of tuition not to exceed the average expenditure per pupil of the district for the preceding school year.  Said tuition may be prorated by the number of contact hours for which the person is enrolled.

Added by Laws 1983, c. 223, § 1, operative July 1, 1983.  Amended by Laws 2001, c. 33, § 75, eff. July 1, 2001.

§705133.  Apportionment of taxes each year.

A.  There is hereby regularly apportioned to each and every school district of the State of Oklahoma in each taxable year five (5) mills on the dollar out of the fifteen (15) mills on the dollar total taxes for all purposes on an ad valorem basis provided by Section 9 (a), Article X, of the Oklahoma Constitution, as amended on April 5, 1955.  Provided, that the regular apportionment hereby made shall not prevent or take away from the county excise board of any county the right to apportion to any school district or class of school districts in such county more than five (5) mills out of the fifteen (15) mills to be apportioned in pursuance of the provisions of said amended Section 9 (a), Article X, of the Oklahoma Constitution among county, city, town and school district.

B.  In accordance with the provisions of Section 9 (c), Article X, of the Oklahoma Constitution, as amended on April 5, 1955, an additional tax of not to exceed fifteen (15) mills on the dollar valuation of all taxable property in the district shall be levied upon certification of a need therefor by the board of education.

C.  An amount equal to the district's proportionate part of the ninety percent (90%) of the amount obtained by multiplying the total net assessed valuation of the school districts of the county by four (4) mills may be estimated as probable revenue from the four (4) mills countywide levy made under the provisions of Section 9 (b), Article X, of the Oklahoma Constitution, as amended on April 5, 1955, and the amount so estimated may be used to finance the appropriations of the district.

The provisions of said Section 9 (b) relating to school districts lying in more than one county shall not affect the status of any such school district, and for the purposes of apportionments under said Section 9 (b), any such district shall be deemed a school district of the county of which it is now considered a school district, unless the State Board of Education, upon written petition by the board of education of such district, decrees that such district shall be deemed a school district of another county in which any of its territory lies, and unless the district court of Oklahoma County in an action filed for such purposes reverses such decree, and revenue from the tax levied under said Section 9 (b) on the assessed valuation of the district in other counties shall, when collected, be transmitted to the county treasurer of that county of which such district is deemed a school district, and be apportioned as provided for the proceeds of such tax on the assessed valuation of such county.

Laws 1971, c. 281, § 5133, eff. July 2, 1971.  

§70-5-134.  Estimates - Emergency and building levies - Elections.

A.  No later than December 31 of each year the board of education of each school district of the state shall prepare, on a form prescribed by the State Board of Education, a preliminary estimate of the amount or amounts of money and tax rate or rates which it then believes will be required for the district for the ensuing fiscal year; and if such preliminary estimate shows an estimated need for a levy requiring the approval of the school district electors of the district under Section 9 or Section 10 of Article X of the Oklahoma Constitution, as amended on April 5, 1955, such preliminary estimate shall contain a call for an election to be held on the second Tuesday in February, or on such other date as may be provided for the election of the members of the board of education to vote on the question of making such levy or levies.  In determining the eligibility of the school district to make an emergency levy under the provisions of subsection (d) of Section 9 of Article X of the Oklahoma Constitution, as amended, the legal current expenses of the district shall be all the expenditures from the general fund of the district during the preceding year, except (1) expenditures for transportation of pupils; (2) capital outlay; (3) debt service; and (4) the amount appropriated from any previous emergency levy; and the Two Hundred Fifty Dollars ($250.00) per capita cost fixed by said subsection (d) of Section 9 of Article X of the Oklahoma Constitution, for the fiscal year ending June 30, 1956, is hereby increased to One Thousand Dollars ($1,000.00) for the fiscal year ending June 30, 1963, and said sum of One Thousand Dollars ($1,000.00) shall thereafter be increased or decreased by the State Board of Education in proportion to the increase or decrease in the per capita income of Oklahoma citizens.  Such preliminary estimate shall be published in one issue of a newspaper having general circulation in the district at least ten (10) days before such election.  Provided, that the county excise board or the  board of education of any school district may call a special election for any date for the purpose of voting upon a levy authorized by Section 9 or 10 of Article X of the Oklahoma Constitution, as amended.  Notice of any election called under the provisions of this section shall be given by publication in one issue of a newspaper having general circulation in the school district at least ten (10) days before such election.

B.  The requirements of this section shall not apply to school districts that have adopted a permanent millage pursuant to subsection (d-2) of Section 9 of Article X of the Oklahoma Constitution.

Added by Laws 1971, c. 281, § 5134, eff. July 2, 1971.  Amended by Laws 1989, c. 132, § 6, eff. June 1, 1990; Laws 1992, c. 247, § 24, emerg. eff. May 21, 1992; Laws 1993, c. 130, § 1, eff. Sept. 1, 1993; Laws 2005, c. 472, § 9, eff. July 1, 2005.

§70-5-134.1.  Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.

§70-5-135.  System of accounting.

A.  The board of education of each school district shall use the following system of initiating, recording and paying for all purchases, salaries, wages or contractual obligations due from any of the funds under the control of such board of education.  However, a school district board of education may use the procedures outlined in Section 304.1 of Title 62 of the Oklahoma Statutes for the payment of salaries and wages only if the board so votes.  The provisions contained herein shall not apply to the sinking fund and school activity fund.

B.  The encumbrance clerk and treasurer of the school district shall each enter the authorized amounts in the various appropriation accounts of the funds to which this system is applied.  The authorized amounts of appropriations shall be the general fund and building fund appropriations approved by the county excise board and such additional amounts as may be applied in the manner provided by law, the amount received for deposit in a special cash fund where such special cash fund is authorized by law or required by the person or agency providing such funds, or the amount of the net proceeds realized from the sale of bonds of the school district and any other income due such fund.

C.  It shall be the duty and responsibility of the board of education of the school district to prescribe and administer adequate business procedures and controls governing the purchase or confirmation of purchase and delivery of goods or services.  The procedures shall include delivery of an acceptable invoice by document, facsimile, electronic or other standard form that includes the information required by the district.  Such procedures shall include the designation of authorized persons to purchase goods or services for the district and the method of determining the school employee receiving delivery of each purchase.

D.  Prior to the issuance of a purchase order, the encumbrance clerk must first determine that the encumbrance will not exceed the balance of the appropriation to be charged.  The encumbrance clerk shall charge the appropriate appropriation accounts and credit the affected encumbrances outstanding accounts with the encumbrances.  Encumbrances must be submitted to the board of education in the order of their issuance on a monthly basis, subject to a monthly business cycle cut-off date determined by the board of education.  Approved encumbrances shall be listed in the minutes by the minute clerk.

E.  Before any purchase is completed, a purchase order or encumbrance must be issued.  No bill shall be paid unless it is supported by an itemized invoice clearly describing the items purchased, the quantity of each item, its unit price, its total cost and proof of receipt of such goods or services.  The bill and/or invoice shall be filed in the encumbrance clerk's official records.  If a district has the ability to electronically utilize evaluated receipt settlement (ERS), the district may remit to vendors on that basis if the requirements of this subsection are fulfilled.  In the event a district is establishing electronic data interchange, electronic entries will suffice in lieu of paper documents.  In order for a district to be authorized to utilize an evaluated receipt settlement system:

1.  The ERS must result in payment by the district from vendor receipts that have been matched to the purchase order date;

2.  The ERS may only be used when there is an agreement between the district and the vendor for use of an ERS; and

3.  The ERS must be included in the district's journal ledger/accounts payable/purchase order software.

F.  The encumbrance clerk shall debit the encumbrances outstanding account and credit the accounts payable account for the amount of the approved bill.  The board of education shall determine the extent such costs may fluctuate without additional board action.  Minor adjustments not requiring additional board approval shall be referenced to the original encumbrance.

G.  An approved bill may be paid by issuing a warrant or check against the designated fund only after ascertaining that proper accounting of the purchase has been made and that the files contain the required information to justify the expenditure of public funds, except as otherwise provided in subsection I of this section.  The warrants or checks so issued shall be recorded in an orderly numerical system established by the district.  The encumbrance clerk shall charge the warrant or checks against the accounts payable account and credit it to the warrants or checks issued account.  Provided, if payment is to be made immediately and the board of education deems it advisable, the postings to the accounts payable account may be omitted and the payment of the approved bill may be credited directly to the warrants or checks issued account.  The warrant or check shall show on its face the name of the school district, the date of issue, the payee, the amount, the expenditure classification code, and such other information as may be necessary or desirable.  The president and clerk of the board of education shall each sign the warrant or check, or approved facsimile thereby denoting to the public that the warrant or check is for the purpose and within the amount of the appropriation charged.

H.  The treasurer shall register the warrant or check in the warrant or check register, charging the appropriation account and crediting the warrants or checks outstanding account of the designated fund.  Provided, no warrant or check shall be registered in excess of the appropriation account's balance.  All warrants or checks shall be registered in the order of their issuance.  Voided warrants or checks shall be registered and filed with the treasurer.  The treasurer shall sign each warrant or check through individual signature or approved facsimile showing its registration date and, if issuing a warrant, shall state whether it is payable or nonpayable.  When a warrant or check is paid, the treasurer shall maintain evidence the warrant or check has been processed and paid.  Nothing in this subsection shall prohibit any governing board from using automated recordkeeping procedures, provided the information required in this subsection can be accessed.

I.  Any board of education of a school district of this state may make a payment which would otherwise be made by warrant or check, by disbursement through an Automated Clearing House, bank account debit system, wire transfer through the Federal Reserve System, or any other automated payment system operated by a financial institution insured by the Federal Deposit Insurance Corporation.  The internal controls over such payment system shall be reviewed and approved by the independent auditor of the district during the annual audit.  The provisions of Sections 601 through 606 of Title 62 of the Oklahoma Statutes shall apply to instruments or payment authorized by this subsection.

J.  School districts complying with the provisions of this act shall use only those forms and accounting systems approved by the State Board of Education.  Such forms and systems shall be considered in substantial compliance with this act if they are sufficient to convey the meaning and sequence of transactions contained herein.  Provided, nothing contained herein shall be construed to limit or prevent the use of additional or subsidiary accounts, forms, or files which may be deemed necessary or advisable by the board of education of the district or the State Board of Education.

K.  Any school district desiring to utilize the services of a data processing center to furnish any or all of the records herein required may do so if the center and its system complies with this act and the rules and regulations of the State Board of Education.  Such center shall furnish an honesty bond in an amount to be set by the board of education but not less than Ten Thousand Dollars ($10,000.00).

L.  The State Board of Education shall notify the board of education of the school district of the tentative amount the district is to receive from state and federal aid funds or allocations, and the board of education of the school district may include such tentative estimate as an item of probable income in the preparation of the school district's Estimate of Needs and Financial Statement; provided, no such federal aid estimate shall be used in any way to reduce the State Foundation Aid or Incentive Aid for such school district or sustain a protest for the reduction of a tax levy.

Added by Laws 1971, c. 281, § 5-135, eff. July 2, 1971.  Amended by Laws 1985, c. 82, § 5, eff. Nov. 1, 1985; Laws 1988, c. 90, § 20, operative July 1, 1988; Laws 1990, c. 221, § 10, operative July 1, 1990; Laws 1998, c. 365, § 10, eff. July 1, 1998; Laws 2004, c. 361, § 21, eff. July 1, 2004; Laws 2005, c. 472, § 10, eff. July 1, 2005.

§70-5-135.1.  Blank.

§70-5-135.2.  Reporting financial transactions - Reduction of State Aid - Statement of actual income and expenditures.

A.  For the 1991-92 school year, school districts shall report financial transactions for all funds, except for the school activity fund, using the Oklahoma Cost Accounting System, as adopted by the State Board of Education pursuant to Section 5-135 of this title.  Costs shall be reported by curricular subject area where applicable.  For the 1992-93 school year and in each subsequent school year, school districts shall report financial transactions for all funds using the Oklahoma Cost Accounting System.  Costs shall be reported by curricular subject area where applicable.

B.  Beginning July 1, 1991, and in each subsequent school year, the State Department of Education shall reduce the monthly payment of a district's State Aid funds if, at the time of such payment, the district is not operating pursuant to the Oklahoma Cost Accounting System.  The amount of the reduction shall be one percent (1%) for the first payment, two percent (2%) for the second payment, three percent (3%) for the third payment, four percent (4%) for the fourth payment, and five percent (5%) for each subsequent payment.  The reduction may be waived by the State Board of Education if the district can demonstrate that failure to operate pursuant to such system was due to circumstances beyond the control of the district and that every effort is being made by the district to operate pursuant to such system as quickly as possible.

C.  No later than September 1 each year, every district board of education shall prepare a statement of actual income and expenditures of the district for the fiscal year that ended on the preceding June 30.  The statement of expenditures shall include functional categories as defined in rules adopted by the State Board of Education to implement the Oklahoma Cost Accounting System pursuant to Section 5-135 of this title.

D.  No later than September 1 each year, every school district shall transmit a copy of the income and expenditures data required pursuant to subsection C of this section to the State Department of Education.  The Department shall post the income and expenditure data on the Internet web site for the Department in a form that is accessible to the public.

Added by Laws 1991, c. 280, § 55, eff. July 1, 1991.  Amended by Laws 2000, c. 308, § 2, eff. July 1, 2000; Laws 2005, c. 472, § 11, eff. July 1, 2005.

§70-5-135.3.  Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.

§70-5-136.  Repealed by Laws 1978, c. 203, § 21, eff. July 1, 1978.

§705136.1.  Certificates of indebtedness - Curing of delinquencies by withholding of State Aid.

A.  With respect to school districts seeking cash-flow management during any fiscal year, any school district may issue and deliver certificates of indebtedness bearing a stated maturity date for the purpose of participating in a short-term cash management program pursuant to the provisions of Section 177.2 of Title 60 of the Oklahoma Statutes to fund the estimated costs of operations, capital expenditures or other lawful costs of the school district for the current fiscal year.  The proceeds of certificates of indebtedness shall be set aside in a separate account and used only for the purpose of meeting expenditures and obligations which would otherwise be lawfully payable from the revenue certified by the County Excise Board.  As proceeds from the certificates are used to pay such lawful expenditures and obligations, the financial records of the school district shall reflect the amounts of these obligations paid with such proceeds so that a like amount of revenue collected and available to the school district may be used to repay the certificates of indebtedness, in whole or in part.  The State Auditor and Inspector shall adopt uniform accounting procedures for use by the school districts to ensure that the issuance of certificates of indebtedness and the use of the proceeds derived from these certificates will be documented and will not result in a district overspending its authorized budget.  All certificates of indebtedness executed pursuant to a cash management program shall be issued, delivered and registered for payment in the specific manner designated by the State Auditor and Inspector; provided, any such certificates of indebtedness shall be made payable on any date within the then current fiscal year and may be purchased for value through the funding of uncollateralized investments made for the benefit of and on behalf of the school district.  Short-term cash management programs of any school district may lawfully provide for the investment of note or bond proceeds by the issuer of the obligations with the benefit and use of such proceeds assured to the school district when needed by the school district for that fiscal year and as approved by the Oklahoma Commission on School and County Funds Management.  In no case may a school district participate in a short-term cash management program in any given fiscal year beyond that fiscal year.  Monies received by a school district pursuant to a short-term cash management program may be used only for those purposes for which other monies of the school district may be lawfully expended.

B.  For school districts electing to participate in the payment security procedure set forth in this subsection, which procedure shall serve as additional security for the payment of any bond or note of a participating school district, the State Board of Education shall cure any delinquencies in payment by withholding State Aid due the participating district as determined pursuant to Section 18-200.1 of this title.  Whenever the designated paying agent for receipt of payments for the school district does not receive a payment when due pursuant to the authorizing documents, the paying agent shall be entitled to payment from the withheld State Aid in any amount sufficient to cure the payment deficiency.  The paying agent shall notify the State Department of Education and the superintendent of the school district of the delinquent payment by telephone, facsimile, or other similar communication, followed by written verification.  Unless the Department determines that payment has been made by the school district and there is no longer a payment deficiency, the Department shall withhold from the next distribution of State Aid for the school district an amount sufficient to cure the deficiency and remit the amount to the paying agent.  In the event that the amount of State Aid next due to be distributed to the delinquent school district is not sufficient to cure the delinquency, the Department shall continue to withhold State Aid as due and remit it to the paying agent until the payment deficiency has been cured.

Added by Laws 1987, c. 204, § 123, operative July 1, 1987.  Amended by Laws 1991, c. 212, § 4, eff. Aug. 1, 1991; Laws 2002, c. 87, § 1, eff. July 1, 2002.

§705137.  School nurses  Increments.

Registered nurses who are employed full time by a school district shall qualify for yearly increments the same as any other teacher in the public schools.

Laws 1974, c. 152, Section 2, emerg. eff. May 3, 1974.

Laws 1974, c. 152, § 2, emerg. eff. May 3, 1974.  

§705138.  School employees  Residence.

No governing body of any school district shall require any employee to reside within the boundaries of that school district.

Laws 1977, c. 31, § 1.  

§705139.  Professional organization dues and political contributions of employees - Payroll deduction.

School districts shall make payroll deductions for either or both professional organization dues and political contributions upon the request of any school employee and shall transmit deducted funds to the organization designated by the school district employee.  Such deductions shall be on a ten-month basis unless otherwise designated by the employee organization.  However, a school employee may request in writing at any time for the school district to immediately terminate or initiate payroll deductions to a professional organization.  Upon receipt of a request the school district shall within five (5) business days or by the next pay period, whichever is earlier, terminate or initiate any future payroll deductions of the requesting school employee to a professional organization.  Upon receipt of a request the school district shall notify the professional organization of the initiation or termination of payroll deductions within fifteen (15) business days.  If the request is to terminate a deduction, the school district shall not make any advance payments to any professional organization of any future dues on behalf of the school employee.

Added by Laws 1978, c. 294, § 26, emerg. eff. May 10, 1977.  Amended by Laws 2005, c. 132, § 1.

§705140.  Additional salary or wages in lieu of insurance or similar benefits.

A local school district, by action of a majority of its school board, may, in lieu of a particular insurance or similar benefit granted by the district to its employees, allow and pay to the employee additional salary or wages equal to the cost of such insurance or similar benefit.

Laws 1980, c. 220, § 2, emerg. eff. May 30, 1980.  

§705141.  Adoption of minimum salary schedules - Calculation of teachers' salaries - Factors considered - Reports - Superintendents' contracts - Administrators' compensation and benefits.

A.  Each school district of this state shall adopt a minimum salary schedule and shall transmit a copy of it to the State Board of Education within thirty (30) days after adoption.  A school district shall not calculate teacher's salaries solely as a proportion of the salaries of that district's administrators.  Districts shall be encouraged to provide compensation schedules to reflect district policies and circumstances, including differential pay for different subject areas and special incentives for teachers in districts with specific geographical attributes.  The State Department of Education shall compile a report of the minimum salary schedules for every school district in the state and shall provide such information to the Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate no later than December 15 of each year.

B.  Each school district shall file within fifteen (15) days of signing the contract, the employment contract of the superintendent of the school district with the State Department of Education.  The Department shall keep all such contracts available for inspection by the public.  The school district shall not be authorized to pay any salary, benefits or other compensation to a superintendent which are not specified in the contract on file and shall not pay administrators any amounts for accumulated sick leave that are not calculated on the same formula used for determining payment for accumulated sick leave benefits for other full-time employees of that school district and shall not pay administrators any amounts for accumulated vacation leave benefits that are not calculated on the same formula used for determining payment for accumulated vacation leave benefits for other twelve-month full-time employees of that school district.

C.  By October 1 of each year each district board of education shall prepare a schedule of salaries and fringe benefits paid administrators employed by the district, including a description of the fringe benefits.  The schedule shall be a public record and shall be disclosed as required by the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes.  The district board shall file a copy of the schedule with the State Department of Education within one week of completion.

D.  For purposes of this section the term "administrator" shall include employees who are employed and certified as superintendents, assistant superintendents, principals, and assistant principals and who have responsibilities for supervising classroom teachers.

Added by Laws 1983, c. 330, § 40, operative July 1, 1983.  Amended by Laws 1989, 1st Ex. Sess., c. 2, § 49, emerg. eff. April 25, 1990; Laws 1993, c. 215, § 1, emerg. eff. May 24, 1993.

§70-5-141.1.  Blank.

§70-5-141.2.  Incentive pay plans.

A.  On or before September 1, 1990, the State Board of Education shall develop not fewer than five (5) different model incentive pay plans and shall distribute information about each plan to every school district board of education.  No plan developed by the Board or implemented by the local school board shall permit payment in any one (1) year of incentives to any one teacher amounting to more than twenty percent (20%) of said teacher's regular salary, exclusive of fringe benefits or extra duty pay.  Any incentive pay award shall be an annual award and shall not be a part of a teacher's continuing contract.  Any incentive pay awards received shall be excluded from such teacher's compensation for purposes of calculating retirement pursuant to the Teachers' Retirement System of Oklahoma, established in Section 17102 of Title 70 of the Oklahoma Statutes and shall not be subject to taxes levied by the Federal Insurance Contributions Act (F.I.C.A.), to the extent such exemption is provided by federal law.

B.  Beginning with the 199192 school year, each school district board of education may adopt an academically based, district incentive pay plan for the district's classroom teachers.  The district may adopt any incentive pay plan consistent with the requirements of this section, which may include any incentive pay plan developed by the State Board of Education pursuant to this section.  The local school board shall appoint an advisory committee consisting of teachers, parents, business persons or farmers and other local citizens to advise the board in formulating an incentive pay plan.  Prior to the adoption of such plan, the board of education shall place such plan on the school board agenda for public comment and shall submit the plan to the State Board of Education for final approval on or before March 1.  The board of education shall comply with the provisions of this subsection for any year a plan is to be modified.

C.  Beginning with the 199192 school year, a school district shall be required to adopt and implement an academically based, district incentive pay plan for any school year following the receipt by the school district board of education, of a petition signed by twenty percent (20%) of the classroom teachers employed in the district which calls for the adoption of an incentive pay plan for the district.

D.  Pupil test scores shall not be the sole criterion for allocation of incentive pay under any plan developed or approved by the Board.

E.  For the purposes of this section only, "classroom teacher" shall mean any employee who holds certification and assignment outside the classification of administrator.

F.  The State Board of Education shall promulgate rules and regulations necessary for the effective implementation and administration of this section.

G.  Each local board of education shall provide for a local evaluation committee which shall advise the board on which teachers are to receive incentive pay awards and the amount of each incentive pay award according to the plan.

H.  Nothing herein shall preclude a school district from supplementing to any monies appropriated to such district for the purposes of the district's incentive pay plan, monies from the district's general fund.

Added by Laws 1989, 1st Ex.Sess. c. 2, § 50, emerg. eff. April 25, 1990.

§70-5-141.3.  Teacher Incentive Pay programs approved prior to implementation - Partial reimbursement.

Teacher Incentive Pay programs that have been approved by the State Board of Education prior to implementation and have been evaluated by the State Board of Education to have successfully completed the year according to the approved district plan shall be eligible for partial reimbursement of incentive pay awards from the funds appropriated for Teacher Incentive Pilot Programs.  Such state reimbursements shall not exceed fifty percent (50%) of the amount awarded to any teacher not to exceed Five Hundred Dollars ($500.00), whichever is less.  Such reimbursements shall not be provided to more than fifty percent (50%) of the certified instructional staff of a school district.  Application for reimbursement shall be submitted to the State Board of Education no later than July 1 of the year following the implementation year and reimbursement of approved claims shall occur no later than September 1.

Added by Laws 1992, c. 324, § 8, eff. July 1, 1992.

§70-5-142.  Employment of convicted felons - Record searches - Districts with 30,000 students or less.

A.  The provisions of this section shall apply to a school district with an average daily membership of thirty thousand (30,000) students or less.  For purposes of employment, a local board of education may request in writing from the State Board of Education information concerning any felony offense conviction of any employee of the school or any person seeking employment with the school.  The request shall specify whether the felony record search is to be based only on the name submitted by the employee or prospective employee or on the basis of fingerprints to be required of the employee or prospective employee.  The request shall further specify whether the search is to be a state or national search.  If a national search is requested, the search shall be based on fingerprints, and the Oklahoma State Bureau of Investigation shall obtain fingerprints of the employee or prospective employee and require that said person pay a search fee not to exceed Fifty Dollars ($50.00) or the cost of the search, whichever is the lesser amount.  The fees shall be deposited in the OSBI Revolving Fund.  School districts are hereby authorized to reimburse employees for the cost of the search.  The State Board of Education shall contact the Oklahoma State Bureau of Investigation for any felony record of said person within fourteen (14) working days of receiving a written request from the board of education.

B.  The Oklahoma State Bureau of Investigation shall provide the felony record requested by the State Board of Education within fourteen (14) working days from the receipt of said request.  The Bureau may contact the Federal Bureau of Investigation as regards the information requested, to obtain any felony convictions of the person involved.  The felony record provided by the Oklahoma State Bureau of Investigation shall include the name of the person, whether or not said person has been convicted of any felony offense, a list of any felony convictions, and the dates of such convictions.

C.  The State Board of Education shall provide the information received from the Oklahoma State Bureau of Investigation to the local board of education within fourteen (14) days from the receipt of said information.

D.  For the purpose of this section, "board of education" includes both public and private boards of education within or outside this state.

E.  Each public board of education within this state shall promulgate a statement of that school districts' policy regarding felony record searches.  If the policy requires felony record searches, the policy may permit employment for not to exceed sixty (60) days pending receipt of results of felony search requests.  If the policy requires a search based on fingerprints, prospective employees shall be notified of the requirement, the fee and the reimbursement policy when first interviewed concerning employment. The school district's reimbursement policy shall provide, at the minimum, that employees shall be promptly reimbursed in full for the fee if employed by the district at the time the felony search request is made unless the person was employed pending receipt of results as set forth above.

F.  Any person applying for employment as a substitute teacher shall only be required to have one such felony record search for the school year.  Upon request of the substitute teacher, that felony record search may be sent to any other school district in which the substitute teacher is applying to teach.

Added by Laws 1985, c. 152, § 1, eff. July 1, 1985.  Amended by Laws 1986, c. 259, § 61, operative July 1, 1986; Laws 1990, c. 257, § 15, emerg. eff. May 23, 1990; Laws 1994, c. 319, § 2, eff. Sept. 1, 1994; Laws 1997, c. 81, § 1, eff. July 1, 1997.

§70-5-142.1.  Employment of convicted felons - Record searches - Districts with more than 30,000 students.

A.  The provisions of this section shall apply to a school district with an average daily membership in excess of thirty thousand (30,000) students.  For purposes of employment, a local board of education may request in writing from the Oklahoma State Bureau of Investigation information concerning any felony offense conviction of any employee of the school or any person seeking employment with the school.  The request shall specify whether the felony record search is to be based only on the name submitted by the employee or prospective employee or on the basis of fingerprints to be required of the employee or prospective employee.  The request shall further specify whether the search is to be a state or national search.  If a state search based on name only is requested, the Oklahoma State Bureau of Investigation may charge a search fee not to exceed Ten Dollars ($10.00).  If a national search is requested, the search shall be based on fingerprints, and the Oklahoma State Bureau of Investigation shall obtain fingerprints of the employee or prospective employee and require that said person pay a search fee not to exceed Fifty Dollars ($50.00) or the cost of the search, whichever is the lesser amount.  The fees shall be deposited in the OSBI Revolving Fund.  School districts are hereby authorized to reimburse employees for the cost of the search.

B.  The Oklahoma State Bureau of Investigation shall provide the felony record requested by a local board of education within fourteen (14) working days from the receipt of said request.  The Bureau shall send a copy of the felony record to the State Board of Education.  The Bureau may contact the Federal Bureau of Investigation as regards the information requested, to obtain any felony convictions of the person involved.  The felony record provided by the Oklahoma State Bureau of Investigation shall include the name of the person, whether or not said person has been convicted of any felony offense, a list of any felony convictions, and the dates of such convictions.

C.  For the purpose of this section, "board of education" includes both public and private boards of education within or outside this state.

D.  Each public board of education within this state shall promulgate a statement of that school districts' policy regarding felony record searches.  If the policy requires felony record searches, the policy may permit employment for not to exceed sixty (60) days pending receipt of results of felony search requests.  If the policy requires a search based on fingerprints, prospective employees shall be notified of the requirement, the fee and the reimbursement policy when first interviewed concerning employment.  The school district's reimbursement policy shall provide, at the minimum, that employees shall be promptly reimbursed in full for the fee if employed by the district at the time the felony search request is made unless the person was employed pending receipt of results as set forth above.

E.  The Oklahoma State Bureau of Investigation shall prescribe the procedures necessary to ensure that requests submitted are official requests from the local board of education.

F.  Any person applying for employment as a substitute teacher shall only be required to have one such felony record search for the school year.  Upon request of the substitute teacher, that felony record search may be sent to any other school district in which the substitute teacher is applying to teach.

Added by Laws 1994, c. 319, § 3, eff. Sept. 1, 1994.  Amended by Laws 1997, c. 81, § 2, eff. July 1, 1997.

§70-5-143.  Repealed by Laws 1995, c. 55, § 1, emerg. eff. April 10, 1995.

§70-5-144.  Filing of information or indictment - Notification of superintendent.

A.  If in the course of an investigation it is discovered that a person charged in an information or indictment with a felony or violent misdemeanor is a student or employee of a school district or a public school in the state, or an employee working on school property for an entity that provides services to a school district or a public school on school property, with due regard for the provisions of subsection C of Section 7307-1.2 of Title 10 of the Oklahoma Statutes, the district attorney shall notify the superintendent of the district of the charges filed against the student or employee.

B.  The school district may take any action it deems necessary that is in compliance with the requirements of the Family Educational Rights and Privacy Act of 1974 with regard to such information.

Added by Laws 1999, c. 320, § 33, eff. July 1, 1999.  Amended by Laws 2001, c. 34, § 1, eff. Nov. 1, 2001; Laws 2003, c. 161, § 1, eff. July 1, 2003; Laws 2005, c. 205, § 1, eff. July 1, 2005.

§70-5-145.  Local foundation and public school/business partnerships - Foundation gifts, grants and donations.

A.  District school boards of education should be encouraged to explore the potential benefits of local foundations and public school/business partnerships as supplements to basic programs publicly funded.

B.  No local foundation, as defined in subsection C of this section, shall make, and no public school, public school personnel, or school district shall accept, any gift, grant or donation of real or personal property from any local foundation unless the local foundation complies with the requirements of this section and with such other requirements for such organization as are required by Title 18 of the Oklahoma Statutes.

C.  As used in this section, "local foundation" means any company, trust, corporation or association:

1.  that solicits money or property in the name of any public school district, public school or public school organization; and

2.  which is exempt from federal income taxes or is verifiably and in good faith in the process of obtaining federal tax exemption status pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code.  If the local foundation is in the process of obtaining exemption status in accordance with this paragraph, the local foundation may make gifts, grants or donations pursuant to this section provided it has advised the district board of education of the status of any application for tax exemption and continues to provide the board such information each year thereafter.

Any local foundation which has been denied such exemption or ceases to qualify for such exemption by the Internal Revenue Service shall not be authorized to function pursuant to this section.

D.  Student organizations or club projects whose revenue may be deposited in a school activity fund or account pursuant to Section 5129 of this title shall not be considered "local foundations".

E.  Only school districts, public schools, school personnel and students or direct functions of a school district may be the beneficiaries of any awards, grants or other benefits of a local foundation.

F.  The board of education of any school district in this state may refuse to accept any donation of real or personal property offered by or through a local foundation and shall have the final authority to accept or refuse to accept any grant or award offered by a local foundation for the benefit of the school district.

G.  In order to assure the fairness, objectivity, and integrity of its operations, and that its purposes and policies are consistent with the goals of the State Board of Education, the board of education of the school district may consider the process used in selecting recipients of benefits or merit awards by any local foundation in deciding whether to accept or reject the gift, grant or donation.

H.  No employee of the district shall be a voting member of a local foundation board which is established in that school district.  Members of the board of education may serve on the board of a local foundation, but shall not constitute a majority of the members of the board of directors of the foundation.  No other elected official of state or local government shall be compensated by the local foundation.  The total number of ex officio local foundation members shall be less than the number of voting members of the local foundations.  No ex officio member of the local foundation board or employee of the school district shall be compensated by the local foundation for service as an ex officio member of the local foundation.

I.  Any local foundation which makes a gift, grant or donation to any school district, public school, or school personnel of this state, regardless of when established, shall make all of its financial records and documents available to auditors who are performing audits of the school district.  Such financial records and documents, other than the list of contributors, shall be open for public inspection upon written request by any person.

J.  A public school district shall not directly or indirectly transfer any funds to any local foundation or render services or provide any thing of value to any local foundation without receiving documented adequate payment or reimbursement therefor according to written contract; provided, nothing herein shall be construed as prohibiting payment by the district of claims for expenses of fund-raising for the benefit of the district if such fund-raising activities are approved in advance by the district board of education and made a part of the minutes of the meeting of the board.

Added by Laws 1989, c. 380, § 2, operative July 1, 1989.  Amended by Laws 1989, 1st Ex.Sess., c. 2, § 56, emerg. eff. April 25, 1990; Laws 2005, c. 351, § 1, eff. Sept. 1, 2005.

§70-5-146.  Assault, battery, or assault and battery upon school employee - Notification by employee and school officials - Report - Definitions - Liability - Policies.

A.  Any school employee, as defined by subsection A of Section 650.7 of Title 21 of the Oklahoma Statutes, upon whom an assault, battery, assault and battery, or aggravated battery or aggravated assault and battery is committed while in the performance of any duties as a school employee shall notify either the superintendent, building administrator, or one member of a Safe School Committee of the school district employing the school employee.  The building administrator or member of the Safe School Committee shall notify the superintendent of the assault, battery, assault and battery, aggravated battery or aggravated assault and battery.

B.  The superintendent shall notify the State Department of Education of all incidents described in subsection A of this section for the previous year on July 1 of each year.  The report shall include a description of the battery or assault and battery, and the final disposition of each incident.

C.  The State Department of Education shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor on December 1 of each year.

D.  For purposes of this section, "assault" shall be defined by Section 641 of Title 21 of the Oklahoma Statutes, "battery" shall be defined by Section 642 of Title 21 of the Oklahoma Statutes, and "aggravated assault and battery" shall be defined by Section 646 of Title 21 of the Oklahoma Statutes.

E.  No school employee shall be subject to any civil liability for any statement, report, or action taken in reporting or assisting in reporting a battery or assault and battery which is committed upon the school employee while in the performance of any duties unless such report or assistance was made in bad faith or with malicious purpose.

F.  Every school district shall have and deliver to each school employee a written policy that such employee shall follow if an assault, battery or assault and battery is committed upon the school employee while in the performance of any school duties.

Added by Laws 2001, c. 380, § 2, eff. July 1, 2001.

§70-5-147.  Access to foods of minimal nutritional value - Incentives to encourage healthy food choices.

A.  Each district board of education shall ensure that students in elementary schools do not have access to foods of minimal nutritional value except on special occasions.

B.  Each district board of education shall ensure that students in middle and junior high schools do not have access to foods of minimal nutritional value except after school, at events which take place in the evening, and on special occasions.  The only exception to the minimal nutritional value standard will be diet soda with less than ten (10) calories per bottle or can.

C.  Each district board of education shall ensure that students in high schools are provided healthy food options in addition to any foods of minimal nutritional value to which they may have access at school.  Each district shall provide incentives, such as lower prices or other incentives, to encourage healthy food choices for high school students.

D.  For purposes of this section, "foods of minimal nutritional value" means any foods so defined in 7 CFR 210.11 and listed in Appendix B of the regulations for the National School Lunch Program.

E.  The State Board of Education shall adopt rules to implement the provisions of this section.

Added by Laws 2005, c. 45, § 1, eff. July 1, 2007.

§70-5-150.  Short title.

This act shall be known and may be cited as the "School District Budget Act".

Added by Laws 1996, c. 178, § 2, eff. July 1, 1996.

§70-5-151.  Purpose.

The purpose of the School District Budget Act is to provide an alternate budget procedure for school districts which will:

1.  Establish standard and sound fiscal procedures for the adoption and administration of budgets;

2.  Make available to the public and investors sufficient information as to the financial conditions, requirements and expectations of the school district; and

3.  Assist school districts to improve and implement generally accepted standards of financial management as promulgated by the Governmental Accounting Standards Board (GASB).

Added by Laws 1996, c. 178, § 3, eff. July 1, 1996.

§70-5-152.  Applicability optional.

The School District Budget Act shall be optional and shall apply only to a school district which, by resolution of the governing body, votes to comply with the provisions of the School District Budget Act.  If the governing body of a school district votes to comply with the School District Budget Act to govern its budget procedures, the provisions of the School District Budget Act shall take precedence over any other state laws applicable to school budgets, except as otherwise provided by the School District Budget Act.  Any action of a school district governing body to implement or repeal budgeting procedures in compliance with the School District Budget Act shall be effective only at the beginning or end of a budget year respectively pursuant to the School District Budget Act.

Added by Laws 1996, c. 178, § 4, eff. July 1, 1996.

§70-5-153.  Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.

§70-5-154.  Approval of budget - Estimates of revenues and expenditures.

For a school district acting in accordance with the School District Budget Act, within the thirty-day period preceding the beginning of each fiscal year, a budget for the school district shall be approved by the governing body.  The chief executive officer may require any other officer or employee who is charged with the management or control of any department or office of the school district to furnish estimates for the fiscal year covering estimated revenues and expenditures of the department or office on or before a date set by the chief executive officer.

Added by Laws 1996, c. 178, § 6, eff. July 1, 1996.

§70-5-155.  Nature and contents of budget - Budget summary and message - Hearing - Effect of adoption - Tax levies.

A.  The school district budget shall represent a complete plan for the school district and shall present information necessary and proper to disclose the financial position and condition of the school district and the revenues and expenditures thereof, both past and anticipated.

B.  A school district budget shall contain a budget summary.  It shall also be accompanied by a budget message which shall explain the budget and describe its important features.  It shall contain at least the following in tabular form for each fund:

1.  Actual revenues and expenditures for the immediate prior fiscal year;

2.  Revenues and expenditures for the current fiscal year as shown by the budget for the current year as adopted or amended; and

3.  Estimates of revenues and expenditures for the budget year.

C.  The school district governing body shall hold a public hearing on the proposed budget within forty-five (45) days preceding the beginning of the budget year.  Notice of the date, time and place of the hearing, together with the proposed budget summary, shall be published in a newspaper of general circulation in the school district not less than five (5) days before the date of the hearing.  The clerk of the board shall make available a sufficient number of copies of the proposed budget as the governing body shall determine and shall have them available for review or for distribution at the office of the chief financial officer.  At the public hearing on the budget any person may present to the governing body comments, recommendations or information on any part of the proposed budget.

D.  The adopted budget shall be in effect no later than the first day of the fiscal year to which it applies.  The budget as adopted and filed with the State Auditor and Inspector shall constitute an appropriation for each fund, and the appropriation thus made shall not be used for any other purpose except as provided by law.

E.  Each school district shall amend the original budget after June 30 of each year after the June financial activity has been recorded, the annual Foundation and Salary Incentive Aid allocation has been released, and the property tax valuations have been certified for all affected counties within the school district.  The amended budget shall include all of the following information which is applicable:

1.  Valuation of the school district by county and classification, excluding homestead exemptions;

2.  Bonded debt and judgments outstanding, including interest rates by maturity;

3.  Matured debt and judgments;

4.  Sinking fund balance, including cash and investments;

5.  Sinking fund levy calculations, including surplus/deficit, principal accrual, annual interest, judgment installment and interest, total net levy and delinquency;

6.  Levies in millage for general fund, building fund and sinking fund;

7.  Millage adjustment factor, if applicable;

8.  Previous year sinking fund collections, including total proceeds as certified, additions or deductions, reserve for delinquent tax, reserve for protest pending, tax apportioned, net balance in process of collection, and excess collections; and

9.  Surplus analysis, including itemized sources of excess and deductions.

F.  At the time required by law, the county excise board shall levy the taxes necessary for the school district general fund, building fund and sinking fund for the budget year pursuant to Sections 397 and 399 of Title 62 of the Oklahoma Statutes, and for the school district general and building funds for the budget year pursuant to Section 9 of Article X of the Oklahoma Constitution.

Added by Laws 1996, c. 178, § 7, eff. July 1, 1996.  Amended by Laws 1999, c. 235, § 1, eff. July 1, 1999.

§70-5-156.  Protests - Right to examine filed budget.

Within fifteen (15) days after the filing of any school district budget with the county excise board of each county in which the school district is located and with the State Auditor and Inspector, any taxpayer may file protests with the State Auditor and Inspector against any alleged illegality of the budget in the manner provided by this section and Sections 3023 through 3031 of Title 68 of the Oklahoma Statutes.  The fifteen-day protest period begins upon the date the budget is received in the Office of the State Auditor and Inspector as filed by the county excise board.  After receipt of a taxpayer protest, the State Auditor and Inspector shall transmit by certified mail one copy of each protest to the clerk of the board of education, and one copy of each protest to the school district treasurer and the excise board of each county in which the school district is located.  The taxpayer protest shall specify the alleged illegality in the budget and the grounds upon which the alleged illegality is based.  Any protest filed by any taxpayer shall inure to the benefit of all taxpayers.  If no protest is filed by any taxpayer within the fifteen-day period, the budget and any appropriations thereof shall be deemed legal and final until amended by the governing body or the county excise board as authorized by law.  Taxpayers shall have the right at all reasonable times to examine the budget on file with the clerk of the board of education, the county excise board, or the State Auditor and Inspector for the purpose of checking illegalities in the budget or for filing protests in accordance with this section and Sections 3023 through 3031 of Title 68 of the Oklahoma Statutes.

Added by Laws 1996, c. 178, § 8, eff. July 1, 1996.

§70-5-157.  Expenditures in excess of appropriation - Deficits and surpluses - Violations of law.

A.  No expenditure may be authorized or made by any officer or employee of a school district which exceeds the appropriation for any fund of the budget as adopted or amended.  Any balance remaining in a fund at the end of the budget year shall be carried forward to the credit of the fund for the next budget year pursuant to law.

B.  It shall be unlawful for any officer or employee of the school district in any budget year:

1.  To create or authorize creation of a deficit in any fund; or

2.  To authorize, make or incur expenditures or encumbrances in excess of one hundred percent (100%) of the appropriation for any fund of the budget as adopted or amended until revenues in an amount equal to at least one hundred percent (100%) of the appropriation for the fund have been collected.  Any fund balance which is included in the appropriation for the fund is considered revenue in the budget year for which it is appropriated.  Expenditures may then be made and authorized so long as any expenditure does not exceed any fund balance.

C.  Any obligation that is contracted or authorized by any officer or employee in violation of this act shall become the obligation of the officer or employee himself and shall not be valid or enforceable against the school district.  Any officer or employee who violates this act shall forfeit his office or position and shall be subject to such civil and criminal punishments as are provided by law.  Any obligation, authorization for expenditure or expenditure made in violation of this act shall be illegal and void.

Added by Laws 1996, c. 178, § 9, eff. July 1, 1996.

§70-5-158.  Funds or ledgers.

A school district shall establish funds consistent with legal and operating requirements.  Each school district shall maintain according to its own needs some or all of the following funds or ledgers in its system of accounts:

1.  A general fund, to account for all monies received and disbursed for general school district purposes, including all assets, liabilities, reserves, fund balances, revenues and expenditures which are not accounted for in any other fund or special ledger account;

2.  Special revenue funds, as required, to account for the proceeds of specific revenue sources that are restricted by law to expenditures for specified purposes;

3.  Debt service fund, which shall include the school district sinking fund, established to account for the retirement of general obligation bonds, building bonds, transportation bonds or other long term debt and payment of interest thereon and judgments as provided by law.  Any monies pledged to service general obligation bonds, building bonds, transportation bonds or other long term debt must be deposited in the debt service fund;

4.  Capital improvement fund, to account for financial resources segregated for acquisition, construction or other improvement related to capital facilities other than those financed by general long term debt;

5.  Enterprise funds, to account for operations that are financial and operated in a manner similar to private business enterprises where the intent of the governing body is that the costs (expenses, including depreciation), of providing goods or services on a continuing basis be financed or recovered primarily through user charges or where there is a periodic need to determine revenues earned, expenses incurred or net income for a service or program;

6.  Trust and agency funds, to account for assets held by the school district as trustee or agent for individuals, private organizations or other governmental units or purposes, such as a retirement fund, employee health insurance fund or a school activity fund;

7.  Internal service funds, to account for the financing of goods or services provided by one department or agency of the school district to another department or agency, or to another government, on a cost reimbursement basis;

8.  A ledger or group of accounts in which to record the details relating to the general fixed assets of the school district;

9.  A ledger or group of accounts in which to record the details relating to the general obligation bonds, building bonds, transportation bonds or other long term debt of the school district; or

10.  Such other funds or ledgers as may be established by the board of education.

Added by Laws 1996, c. 178, § 10, eff. July 1, 1996.

§70-5-159.  Classification of revenues and expenditures.

Each fund shall be made up of accounts for classifying revenues and expenditures.  Revenues shall be classified separately by source.  Expenditures shall be classified into the dimensions required by the State Department of Education or, for technology center schools, the Oklahoma Department of Career and Technology Education.

Added by Laws 1996, c. 178, § 11, eff. July 1, 1996.  Amended by Laws 2001, c. 33, § 78, eff. July 1, 2001.

§70-5-160.  Interaccount and interfund transfers.

The chief executive officer, or designee, as authorized by the governing body, may transfer any unexpended and unencumbered appropriation or any portion thereof from one account to another within the same fund; except that no appropriation for debt service or other appropriation required by law or regulation may be reduced below the minimums required.  Other interfund transfers may be made only as authorized by this act or as provided in the budget as adopted or amended according to this act.  Whenever the necessity for maintaining any special fund of a school district has ceased to exist and a balance remains in the fund, the governing body may authorize the transfer of the balance to the general fund.  Applicable law shall govern the use or transfer of any remaining balance in any debt service or bond fund.

Added by Laws 1996, c. 178, § 12, eff. July 1, 1996.

§70-5-161.  Amendment of budget.

A.  The governing body may amend the budget to make supplemental appropriations to any fund up to the amount of additional revenues which are available for current expenses as shown by a fund balance for the fund due to:

1.  Revenues received or allocated from sources not anticipated in the budget for that year;

2.  Revenues received or allocated from anticipated sources but in excess of the budget estimates therefor; or

3.  Unexpended unencumbered cash balances on hand at the end of the preceding fiscal year which had not been anticipated in the budget.  Any appropriation authorizing the creating of an indebtedness shall be governed by the applicable provisions of Article X of the Oklahoma Constitution.

B.  If at any time during the budget year it appears probable that revenues available will be insufficient to meet the amount appropriated, or that due to unforeseen emergencies there temporarily is insufficient money in a particular fund to meet the requirements of appropriation for the fund, the governing body may amend the budget to reduce one or more appropriations or it may amend the budget to transfer money from one fund to another fund, but no appropriation for debt service may be reduced and no appropriation may be reduced by more than the amount of the unencumbered and unexpended balance.  No transfer shall be made from the debt service fund to any other fund except as may be permitted by the terms of the bond issue or by law.

C.  Any budget amendment, as provided in this section, authorizing supplemental appropriations or a decrease or change in appropriation or funds shall be adopted by the governing body at a meeting held in accordance with the Oklahoma Open Meeting Act and filed with the clerk of the board of education, the county excise board of each county in which the school district is located, and the State Auditor and Inspector.

Added by Laws 1996, c. 178, § 13, eff. July 1, 1996.

§70-5-170.  Transfer of unexpended or unencumbered appropriations.

For the fiscal year ending June 30, 2004, the superintendent of a school district or designee may transfer any unexpended or unencumbered appropriation in an amount not to exceed twenty-five percent (25%) of the total appropriation from one account, fund, or program category to another account, fund, or program category.  The amount to be transferred, together with all previous transfers, shall not exceed twenty-five percent (25%) of the total appropriation to the account, fund or program category from which the transfer is being made.  Provided, funds shall not be transferred between the general fund and building fund of any school district.  The State Department of Education shall be notified in writing or electronically of all transfers at the time the transfers are made.

Added by Laws 2003, c. 434, § 7.

NOTE:  Laws 2003, c. 415, § 34 repealed by Laws 2003, c. 434, § 32.

§70-5-181.  Registration of certificates of indebtedness or bonds - Recording of payment.

The treasurer of a school district to whom a certificate of indebtedness or bond is directed for payment shall register the certificate of indebtedness or bond by entering the number, the date, the name of the payee, the fund upon which it is drawn and the amount and shall write on the certificate or bond the date of registration and the name of the treasurer.  Certificates of indebtedness or bonds shall be registered in the numerical order in which they are issued and, after registration, shall be given to the encumbrance clerk.  No certificate of indebtedness or bond shall be a valid charge until registration by the treasurer.  A board of education may contract for and pay a registrar or transfer agent to transfer ownership or change of payee of any certificate of indebtedness or bond issued by the school district and to maintain relevant books and records.  The treasurer shall record payment of certificates of indebtedness or bonds and mark "paid" on the face of paid certificates of indebtedness or bonds.

Added by Laws 2004, c. 361, § 24, eff. July 1, 2004.

§70-5-182.  Issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses.

It shall be unlawful for any school district officer to issue, approve, sign, or attest any check, warrant or certificate of indebtedness in any form in excess of the estimate of expenses made and approved for the current fiscal year or authorized for such a purpose by a bond issue and any such check, warrant or certificate of indebtedness issued, approved, or authorized by a bond issue shall not be a charge against the school district upon which it is issued, but may be collected by civil action from any officer issuing, drawing, approving, signing, or attesting the same, or from either or all of them, or from their bondsmen.

Added by Laws 2004, c. 361, § 25, eff. July 1, 2004.

§70-5-183.  Issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses - Violation -Penalties.

Any treasurer who shall willfully or knowingly register or pay a warrant, check or certificate of indebtedness, issued in excess of the estimate made and approved by the excise board for the current fiscal year or in excess of a bond issue for such purpose, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not exceeding one (1) year or by both the fine and imprisonment.

Added by Laws 2004, c. 361, § 26, eff. July 1, 2004.

§70-5-184.  Authorization, acknowledgement, etc. by school district officer of issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses - Violation - Penalties.

Any school district officer willfully or knowingly contracting, incurring, acknowledging, authorizing, allowing, or approving any indebtedness or any officer issuing, drawing, or attesting any check, warrant or certificate of indebtedness in excess of the estimate made and approved by the excise board for such purpose for the current fiscal year or in excess of the specific amount authorized for such purpose by a bond issue, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not to exceed one (1) year or by both the fine and imprisonment, and shall forfeit and be removed from office pursuant to state law.

Added by Laws 2004, c. 361, § 27, eff. July 1, 2004.

§70-5-185.  When check or warrant due - Enforcement of liability.

Without regard to the time when funds may be collected and are available to pay a check or warrant issued by a school district, any school district check or warrant shall be due one (1) year after the close of the fiscal year for which the check or warrant was issued and action may be commenced in any court of competent jurisdiction to enforce the liability evidenced by the check or warrant.  Any action to enforce the liability evidenced by the check or warrant shall thereafter be barred, and the lapse of time need not be asserted as defense in any action for the school district to be relieved of liability.

Added by Laws 2004, c. 361, § 28, eff. July 1, 2004.

§70-5-186.  Issuance of check, warrant or certificate of indebtedness in payment of claim in excess of amounts unexpended and unencumbered - Signature of board president and clerk.

It shall be unlawful for the governing board of education to issue any check, warrant or certificate of indebtedness, in any form, in payment of, or representing or acknowledging any account, claim, or indebtedness against the school district, or to make any contracts for, or incur any indebtedness against the school district in excess of the amount then unexpended and unencumbered of the sum appropriated for the specific item of estimated needs for such purpose theretofore made, submitted, and approved, or authorized for such purpose by a bond issue.  The signature of the board president and clerk shall be notification to the public that the check or warrant is for the purpose and within the amount of the appropriation charged.

Added by Laws 2004, c. 361, § 29, eff. July 1, 2004.

§70-5-187.  Unencumbered balances - Date for submission of all claims - Notice.

All unencumbered balances, if any, as shown by the officer charged with keeping the appropriation and expenditure records of the school district on hand at the close of day June 30, may remain as a credit for said fiscal year up to the close of day September 30.  If a date earlier than September 30 is established, the encumbrance clerk shall publish, on the district's web site for two consecutive times if also published in a daily newspaper and once if published in a weekly newspaper of general circulation in the school district, notice of the date set by the board of education for the submission of all claims against unencumbered balances of the prior fiscal year in the following form:

PUBLIC NOTICE

All having a claim against the ____ Public School District are notified that all invoices and required documentation pertaining to an approved purchase order for services rendered or goods or materials delivered pursuant to that purchase order must be recorded with the encumbrance clerk of the district on or before the ____ day of _____, 20__, covering all debts now unpaid and incurred during the period of the prior fiscal year beginning on July 1, 20__, and ending on June 30 20___, or the claim upon which the invoice or purchase order is based shall be void and forever barred.  

__________________________

District Encumbrance Clerk

This section shall not permit the incurring of new indebtedness chargeable to the appropriation account of the immediately preceding fiscal year.

Added by Laws 2004, c. 361, § 30, eff. July 1, 2004.

§70-5-188.  Supplemental appropriation of unencumbered balance - Underestimations - Reapportionment to appropriation accounts.

Provided all fund balances reserved for unencumbered balance of appropriations for the prior fiscal year on hand at the close of day set by the board of education in the current fiscal year, but in no event later than September 30, may be appropriated by supplemental appropriation to current expense purposes in the current fiscal year in the manner now provided by law.  In the event of the recording of an estimated encumbrance or in the event of an increase in the cost of supplies, equipment, material, or services, these underestimations may be provided for during the time period set by the board by the cancellation of appropriations made by the county excise board prior to June 30, subject to the approval of both the governing board and the officer in charge of the department or appropriation account only in instances as set forth and only in amounts sufficient to pay the increased encumbrances, and by reapportionment to the appropriation accounts in which an underestimated encumbrance was made, all in the manner as now provided by law for the making of supplemental appropriations.

Added by Laws 2004, c. 361, § 31, eff. July 1, 2004.

§70-5-189.  Second or duplicate check or warrant - Stop payment or affidavit.

A school district may issue a second or duplicate check or warrant in lieu of any check or warrant that has been issued and subsequently lost or destroyed.  No second or duplicate check or warrant shall be issued until the school district has stopped payment on said item by the payor bank or, in the alternative, until an affidavit setting forth the facts as to the loss or destruction of the original check or warrant has been received by the school district from the payee, which affidavit may be received by facsimile transmission.  The district board of each school district shall establish policies and procedures as will, as nearly as possible, preclude any loss being sustained by the school district on account of the issuance of any second or duplicate check or warrant.

Added by Laws 2004, c. 361, § 32, eff. July 1, 2004.

§70-5-190.  School district treasurer, encumbrance clerk - Training - Continuing education.

A.  Before July 1, 2007, every school district treasurer shall complete at least twelve (12) hours of instruction on school finance laws of this state, accounting, ethics, and the duties and responsibilities of a school district treasurer.

B.  Before July 1, 2007, every school district encumbrance clerk shall complete at least twelve (12) hours of instruction on school finance laws of this state, accounting, ethics, and the duties and responsibilities of a school district encumbrance clerk.

C.  Every school district treasurer and encumbrance clerk employed after July 1, 2007, shall be required, within nine (9) months after employment in the position by a school district, to complete the instruction required pursuant to subsections A and B of this section.

D.  Every school district treasurer and encumbrance clerk shall be required to complete a minimum of twelve (12) hours of continuing education every three (3) years, in addition to the requirements of subsections A and B of this section.

Added by Laws 2005, c. 472, § 1, eff. July 1, 2005.

§70-6.  Repealed by Laws 1949, p. 607, art. 20, § 9.

§70-6-1.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-1a.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-2.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-3.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-4.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-5.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-6.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-7.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-8.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-9.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-10.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-11.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-12.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-13.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-14.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-15.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-16.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-17.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-18.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-19.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-20.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-21.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-22.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-23.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-24.  Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.

§70-6-101.  Teachers - Contract.

A.  Except as provided in subsection E of this section, no person shall be permitted to teach in any school district of the state without a written contract, except as provided herein for substitute teachers and except teachers of classes in adult education.  Except as provided in subsection J of this section, the board of education of each school district, wherein school is expected to be conducted for the ensuing year, shall employ and contract in writing with qualified teachers for and in the name of the district.  One copy of the contract shall be filed with the clerk of the board of education and one copy shall be retained by the teacher.

B.  Except as otherwise provided by subsection J of this section and any other law, no board of education shall have authority to enter into any written contract with a teacher who does not hold a valid certificate issued or recognized by the State Board of Education authorizing said teacher to teach the grades or subject matter for which the teacher is employed.  Any board of education paying or authorizing the payment of the salary of any teacher not holding a certificate, as required herein, shall be adjudged to be guilty of a fraudulent expenditure of public funds and members voting for such payment shall be held jointly responsible for the return of the amount of any public monies thus expended, upon suit brought by the district attorney or by any interested citizen in the district where such funds have been expended.

C.  It shall be the duty of the superintendent of schools under whose supervision teachers have been contracted to teach to certify to the treasurer of the contracting district the names of the teachers holding valid certificates with whom contracts have been made and the names of substitute teachers employed in accordance with law.  The treasurer shall not register any warrant issued in payment of salary to any teacher whose name is not included in such list and shall be liable on the official bond for the treasurer for the amount of any warrant registered in violation of the provisions of this section.

D.  Whenever any person shall enter into a contract with any school district in Oklahoma to teach in such school district the contract shall be binding on the teacher and on the board of education until the teacher legally has been discharged from the teaching position or released by the board of education from the contract.  Except as provided in Section 5-106A of this title, until such teacher has been thus discharged or released, the teacher shall not have authority to enter into a contract with any other board of education in Oklahoma for the same time covered by the original contract.  If upon written complaint by the board of education in a district any teacher is reported to have failed to obey the terms of the contract previously made and to have entered into a contract with another board of education without having been released from the former contract except as provided in Section 5-106A of this title, the teacher, upon being found guilty of such charge at a hearing held before the State Board of Education, shall have such teacher's certificate suspended for the remainder of the term for which the contract was made.

E.  A board of education shall have authority to enter into written contracts with teachers for the ensuing fiscal year prior to the beginning of such year.  If, prior to April 10, a board of education has not entered into a written contract with a regularly employed teacher or notified the teacher in writing by registered or certified mail that a recommendation has been made not to reemploy the teacher for the ensuing fiscal year, and if, by April 25, such teacher has not notified the board of education in writing by registered or certified mail that such teacher does not desire to be reemployed in such school district for the ensuing year, such teacher shall be considered as employed on a continuing contract basis and on the same salary schedule used for other teachers in the school district for the ensuing fiscal year, and such employment and continuing contract shall be binding on the teacher and on the school district.

F.  Whenever a school district is engaged in contract negotiations with teachers employed by that school district after the school year has begun and the teachers are employed on a continuing contract basis, the school district shall, beginning at the first of the school year, pay the teachers any state-mandated salary increases and salary schedule increases to which each teacher is otherwise entitled.

G.  No school district or any member of the board of education of a district shall be liable for the payment of compensation to a teacher or administrator under the provisions of any contract for the ensuing year, if it becomes necessary to close the school because of insufficient attendance, disorganization, annexation, consolidation, or by dispensing with the school according to law, provided, such cause is known or action is taken prior to July 1 of such ensuing year.

H.  No school district or any member of a board of education shall be liable for the payment of compensation to any teacher or administrator for the unexpired term of any contract if the school building to which the teacher or administrator has been assigned is destroyed by accident, storm, fire, or otherwise and it becomes necessary to close the school because of inability to secure a suitable building or buildings for continuation of school.  Teachers and administrators shall be entitled to pay for any time lost when school is closed on account of epidemics or otherwise when an order for such closing has been issued by a health officer authorized by law to issue the order.

I.  A teacher may contract with more than one school district for the same school year as provided in Section 5-106A of this title.

J.  A board of education shall have authority to enter into written contracts for the ensuing fiscal year prior to the beginning of the year with persons who are not certified or licensed to teach by the State Board of Education as long as the person is actively in the process of securing certification or licensure.  The person shall not be allowed to teach in a classroom until the person has met or completed all of the requirements for licensure or certification as provided for in Section 6-190 of this title.  If the person has not obtained valid certification or licensure by the first day of the ensuing school year, the contract shall be terminated.

Added by Laws 1971, c. 281, § 6-101, eff. July 2, 1971.  Amended by Laws 1989, 1st Ex. Sess., c. 2, § 67, operative July 1, 1990; Laws 1991, c. 3, § 5, eff. July 1, 1991; Laws 1993, c. 239, § 28, eff. July 1, 1993; Laws 2001, c. 242, § 4, eff. July 1, 2001; Laws 2003, c. 455, § 3, eff. July 1, 2003; Laws 2005, c. 185, § 1, emerg. eff. May 17, 2005.

§70-6-101.1.  Annuity contracts, custodial accounts or face amount investment annuity certificates - Teachers or fulltime employees.

A.  A part of the salary, not to exceed the exclusion allowance provided in Section 403(b)(2) of the Internal Revenue Code, payable to a teacher or any fulltime employee by a school district may, at the request of the teacher or such fulltime employee, be paid by the purchase of an annuity contract from any insurance company authorized to do business in Oklahoma or by the purchase of shares of regulated investment companies to be held in a custodial account as authorized by Section 403(b)(7) of the Internal Revenue Code of 1954, as amended, or by the purchase of a face amount investment annuity certificate issued by a company authorized to do business in Oklahoma by the district for the teacher or fulltime employee, and the teacher or fulltime employee shall be entitled to have such annuity contract, custodial account or face amount investment annuity certificate continued in force in succeeding years by such school district or any other school district subsequently employing the teacher.  The amounts so contributed or paid by the school district for the annuity contract, custodial account or face amount investment annuity certificate, or to continue it in force, shall be considered as payment of salary, for the same amounts, to the teacher or fulltime employee for State Aid purposes, Teachers' Retirement System purposes, or Social Security purposes, but not for State Income Tax purposes.  Provided that the amount received under such annuity contracts, custodial accounts or face amount investment annuity certificates shall be income subject to state income tax when actually received.  Provided, further, that any teacher desiring to be covered by the provisions of this act shall express his or her wishes in writing to the local board of education of the district, not later then ten (10) days prior to the end of any pay period of the school year.

B.  The provisions of subsection A of this section shall also apply to all employees of institutions, agencies and boards comprising The Oklahoma State System of Higher Education.  Such institutions, agencies and boards may purchase annuity contracts, custodial accounts or face amount investment annuity certificates from:

1.  Any insurance company authorized to do business in Oklahoma, or

2.   Any life insurance or annuity company organized and operated, without profit to any private shareholder or individual, exclusively for the purpose of aiding and strengthening educational institutions by issuing insurance and annuity contracts only to or for the benefit of such institutions and individuals engaged in the services of such institutions, or

3.  Any broker dealer licensed to sell shares of regulated investment companies to be held in custodial accounts as authorized by Section 403(b)(7) of the Internal Revenue Code of 1954, as amended.

Laws 1971, c. 281, Section 6-102, eff. July 2, 1971; Laws 1972, c. 64, § 1, emerg. eff. March 28, 1972; Laws 1972, c. 205, § 1, emerg. eff. April 7, 1972.  Amended by Laws 1987, c. 62, § 1, emerg. eff. May 4, 1987.  Renumbered from § 6-102 by Laws 1989, 1st Ex.Sess. c. 2, § 116, operative July 1, 1990.

§70-6-101.2.  Consultant services - Contracts with retired administrators - Contract requirements.

A.  No local board of education or administration of a school district or State Board of Education shall enter into a contract for consultant services with any person who has retired as an administrator with any school district for two (2) years after the retirement date of such administrator.  Nothing in this section shall prohibit a board of education from employing as a substitute teacher, a person who has retired as an administrator or teacher with a school district within two (2) years after the retirement date of the person.

B.  In order for a local board of education, administration of a school district or the State Board of Education to enter into a contract with a person for consultant services as authorized by subsection A of this section, the contract shall contain:

1.  A specific list of duties to be performed by the person or by any business entity, regardless of form, from which the person who actually performs the services is authorized to derive any economic benefit, whether direct or indirect;

2.  A stated purpose for the contract and the specifically identified need for the services to be performed;

3.  An estimate of the duration of the contract, including anticipated periods during which the contract may be renewed;

4.  A requirement that the person or business entity performing the consultant service provide the office space, supplies, personnel and other items of expense required in order to perform the contract;

5.  A requirement that the person or business entity performing the consultant service provide a written description of services performed under the contract no less than one time each quarter of the year during which the contract is in effect; and

6.  A specific identification of all persons who are authorized to perform obligations imposed pursuant to the contract upon behalf of the person or business entity providing consultant services.

C.  No local board of education, administration of a school district or State Board of Education may enter into a contract with a natural person who will be employed for any period of time during which there is in force and effect a contract for consultant services to be performed by that person or by a business entity, regardless of form, from which the person employed is authorized to derive any economic benefit, whether direct or indirect.  Nothing in this section shall prohibit a local board of education of a school district from contracting to pay for the attendance of school district employees at classes or workshops conducted by a company that employs one or more of the school district employees to conduct the classes or workshops.

Added by Laws 1988, c. 128, § 1, emerg. eff. April 12, 1988.  Renumbered from § 6-102.7 of this title by Laws 1989, 1st Ex. Sess., c. 2, § 116, operative July 1, 1990.  Amended by Laws 1995, c. 295, § 1, eff. July 1, 1995; Laws 2000, c. 40, § 1, eff. July 1, 2000.

§70-6-101.3.  Definitions.

As used in Section 6-101 et seq. of this title:

1.  "Administrator" means a duly certified person who devotes a majority of time to service as a superintendent, elementary superintendent, principal, supervisor, vice principal or in any other administrative or supervisory capacity in the school district;

2.  "Dismissal" means the discontinuance of the teaching service of an administrator or teacher during the term of a written contract, as provided by law;

3.  "Nonreemployment" means the nonrenewal of an administrator's or teacher's contract upon expiration of the contract;

4.  "Career teacher" means a teacher who has completed three (3) or more consecutive complete school years in such capacity in one school district under a written teaching contract;

5.  "Probationary teacher hearing" means the hearing before a local board of education after a recommendation for dismissal or nonreemployment of a probationary teacher has been made but before any final action is taken on said recommendation, held for the purpose of affording such teacher all rights guaranteed by the United States Constitution and the Constitution of Oklahoma under such circumstances and for enabling the board to determine whether to approve or disapprove the recommendation;

6.  "Career teacher pretermination hearing" means the informal proceeding before the local board of education held for the purpose of providing a meaningful opportunity to invoke the discretion of the decision maker after a recommendation for dismissal or nonreemployment of a career teacher has been made but before any final action is taken on the recommendation in order to ensure that the career teacher is afforded the essential pretermination due process requirements of notice and an opportunity to respond;

7.  "Probationary teacher" means a teacher who has completed fewer than three (3) consecutive complete school years in such capacity in one school district under a written teaching contract;

8.  "Suspension" or "suspended" means the temporary discontinuance of an administrator's or teacher's services, as provided by law; and

9.  "Teacher" means a duly certified or licensed person who is employed to serve as a counselor, librarian or school nurse or in any instructional capacity; an administrator shall be considered a teacher only with regard to service in an instructional, nonadministrative capacity.

Added by Laws 1989, 1st Ex. Sess., c. 2, § 68, operative July 1, 1990.  Amended by Laws 1991, c. 16, § 3, eff. July 1, 1991; Laws 2003, c. 434, § 8.

§70-6-101.4.  Power and duties of district superintendent - Exercise of in elementary school districts.

The powers and duties set forth in Section 6101 et seq. of Title 70 of the Oklahoma Statutes for the superintendent of a school district shall be exercised by the elementary superintendent in elementary school districts.

Added by Laws 1989, 1st Ex. Sess., c. 2, § 69, operative July 1, 1990; Amended by Laws 1991, c. 16, § 4, eff. July 1, 1991.

§70-6-101.5.  Rights created by this article subject to modification,  amendment, termination and repeal.

Any rights created by Sections 6101 et seq. of Title 70 of the Oklahoma Statutes are subject to modification, amendment, termination and repeal by the Legislature.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 70, operative July 1, 1990.

§70-6-101.6.  Categories of employment contracts.

A.  All contracts for employment of, or related employee information worksheets for, a teacher or administrator by a district board of education shall include the following categories in a clear and concise format:

1.  Employee information including:

a. employee's name,

b. degree(s) employee holds,

c. number of years of teaching credit for salary purposes, and

d. step placement on salary schedule;

2.  Salary information including:

a. pay based on state minimum salary schedule,

b. district salary supplement,

c. extra-duty or extracurricular salary amounts, itemized,

d. other salary,

e. total salary,

f. dollar amount of salary paid in cash, and

g. dollar amount of salary paid in fringe benefits, as defined and allowed by Section 18-114.7 of Title 70 of the Oklahoma Statutes, with an itemized list of each benefit and amount paid toward it; and

3.  Benefits information including:

a. state-paid flexible benefit allowance amount,

b. district-paid retirement contributions (over any amount for retirement insurance paid as part of salary and excluding any amounts paid pursuant to Section 17-108.1 of Title 70 of the Oklahoma Statutes),

c. district-paid health insurance (over any amount paid as part of salary),

d. other district-paid benefits, such as life, dental, disability, salary protection, vision, cancer, health supplemental insurance (over any amount paid as part of salary),

e. other benefits, with an itemized list of each benefit and dollar amount paid toward it (not including any benefits paid as part of salary), and

f. total district-paid benefits (not including any benefits paid as part of salary).

B.  Beginning with the school year 2004-05, the State Department of Education shall require in its annual personnel report the amounts paid in each category set out in subparagraphs a through g of paragraph 2 and subparagraphs a through f of paragraph 3 of subsection A of this section, disaggregated by the categories of administrative personnel and certified teaching personnel.

Added by Laws 2003, c. 290, § 1.

§70-6-101.10.  Establishment of written policy of evaluation.

Each board of education shall maintain and annually review, following consultation with or involvement of representatives selected by local teachers, a written policy of evaluation for all teachers and administrators.  In those school districts in which there exists a professional negotiations agreement made in accordance with Sections 509.1 et seq. of this title, the procedure for evaluating members of the negotiations unit and any standards of performance and conduct proposed for adoption beyond those established by the State Board of Education shall be negotiable items.  Nothing in this act shall be construed to annul, modify or to preclude the renewal or continuing of any existing agreement heretofore entered into between any school district and any organizational representative of its employees.  Every policy so adopted shall:

1.  Be based upon a set of minimum criteria developed by the State Board of Education;

2.  Be prescribed in writing at the time of adoption and at all times when amendments thereto are adopted.  The original policy and all amendments to the policy shall be promptly made available to all persons subject to the policy;

3.  Provide that all evaluations be made in writing and that evaluation documents and responses thereto be maintained in a personnel file for each evaluated person;

4.  Provide that every probationary teacher be evaluated at least two times per school year, once prior to November 15 and once prior to February 10 of each year;

5.  Provide that every teacher be evaluated once every year, except as otherwise provided by law; and

6.  Provide that, except for superintendents of independent and elementary school districts and superintendents of area school districts, who shall be evaluated by the local school board, all certified personnel, including administrators, shall be evaluated by certified administrative personnel designated by the local school board.

All personnel designated by the local board to conduct the personnel evaluations shall be required to participate in training conducted by the State Department of Education prior to conducting such evaluations.

The State Department of Education shall develop and conduct workshops pursuant to statewide criteria which train such administrative personnel in conducting evaluations.

The State Board of Education shall monitor compliance with the provisions of this section by local school districts.

Refusal by a local school district to comply with the provisions of this section shall be grounds for withholding State Aid funds until such compliance occurs.

Laws 1977, c. 262, § 2, emerg. eff. June 17, 1977; Laws 1985, c. 329, § 16, emerg. eff. July 30, 1985; Laws 1986, c. 259, § 51, operative July 1, 1986; Laws 1987, c. 204, § 118, operative July 1, 1987; Laws 1989, 1st Ex.Sess., c. 2, § 71, operative July 1, 1990.  Renumbered from § 6-102.2 by Laws 1989, 1st Ex.Sess., c. 2, § 117, operative July 1, 1990; Laws 1991, c. 3, § 7, eff. July 1, 1991; Laws 1993, c. 239, § 29, eff. July 1, 1993.

§70-6-101.11.  Copy of evaluation to person evaluated.

Whenever any evaluation is made of a teacher or administrator, a true copy of the evaluation shall be presented to the person evaluated, who shall acknowledge the written evaluation by signing the original.  Within two (2) weeks after the evaluation, the person evaluated may respond and said response shall be made part of the record.  Except by order of a court of competent jurisdiction, evaluation documents and the responses thereto shall be available only to the evaluated person, the board of education, the administrative staff making the evaluation, the board and administrative staff of any school to which such evaluated person applies for employment and such other persons as are specified by the teacher in writing and shall be subject to disclosure at a hearing or trial de novo.

Laws 1977, c. 262, § 3, emerg. eff. June 17, 1977.  Amended by Laws 1989, 1st Ex.Sess., c. 2, § 72, operative July 1, 1990.  Renumbered from § 6-102.3 by Laws 1989, 1st Ex.Sess, c. 2, § 117, operative July 1, 1990.

§70-6-101.12.  Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.

§70-6-101.13.  Fulltime certified administrators  Dismissal or nonreemployment  Due process.

Whenever the local board of education or the administration of a school district shall determine that the dismissal or nonreemployment of a fulltime certified administrator from his administrative position within the school district should be effected, the administrator shall be entitled to the following due process procedures:

1.  A statement shall be submitted to the administrator in writing prior to the dismissal or nonreemployment which states the proposed action, lists the reasons for effecting the action, and notifies the administrator of his right to a hearing before the local board of education prior to the action; and

2.  A hearing before the local board of education shall be granted upon the request of such administrator prior to the dismissal or nonreemployment.  A request for a hearing shall be submitted to the board of education not later than ten (10) days after the administrator has been notified of the proposed action.

Failure of the administrator to request a hearing before the local board of education within ten (10) days after receiving the written statement shall constitute a waiver of the right to a hearing.  No decision of the local board of education concerning the dismissal or nonreemployment of a fulltime certified administrator shall be effective until the administrator has been afforded due process as specified in this section.  The decision of the local board of education concerning the dismissal or nonreemployment, following the hearing, shall be final.

Added by Laws 1985, c. 234, § 1, eff. Nov. 1, 1985.  Amended by Laws 1986, c. 290, § 1, eff. Nov. 1, 1986.  Renumbered from § 6-102.4 by Laws 1989, 1st Ex.Sess., c.2, §118, operative July 1, 1990.

§70-6-101.14.  Administrators - Suspension.

Whenever the local board of education or the administration of a school district has reason to believe that cause exists for the dismissal of an administrator, and when they are of the opinion that the immediate suspension of an administrator would be in the best interests of the children in the district, the local board of education or the superintendent of the school district may suspend the administrator without notice or hearing.  However, the suspension of the administrator shall not deprive the administrator of any compensation or other benefits to which he or she would otherwise be entitled under his or her contract or pursuant to law.  Within ten (10) days' time after such suspension becomes effective, the local board of education shall initiate proceedings pursuant to Section 6-102.4 of this title to have the administrator dismissed.  However, in a case involving a criminal charge or indictment, such suspension may extend to such time as the administrator's case is finally adjudicated at a trial.  Provided, however, such extension shall not include any appeal process.

Added by Laws 1986, c. 290, § 2, eff. Nov. 1, 1986.  Renumbered from § 6-102.6 by Laws 1989, 1st Ex. Sess., c. 2, § 118, operative July 1, 1990.  Amended by Laws 1995, c. 8, § 1, eff. July 1, 1995.

§70-6-101.15.  Administrators - Conviction of felony - Criminal sexual activity or sexual misconduct.

A.  An administrator shall be dismissed or not reemployed, unless a presidential or gubernatorial pardon has been issued, if during the term of employment such administrator is convicted in this state, the United States or another state of:

1.  Any sex offense subject to the Sex Offenders Registration Act in this state or subject to another state's or the federal sex offender registration provisions; or

2.  Any felony offense.

B.  An administrator may be dismissed, refused employment or not reemployed after a finding that such person has engaged in criminal sexual activity or sexual misconduct that has impeded the effectiveness of the individual's performance of school duties.  As used in this subsection:

1.  "Criminal sexual activity" means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and

2.  "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 74, operative July 1, 1990.  Amended by Laws 1998, c. 411, § 1, eff. July 1, 1998.

§70-6-101.20.  Teacher Due Process Act of 1990 - Short title.

Sections 75 through 85 of this act shall be known and may be cited as the "Teacher Due Process Act of 1990".

Added by Laws 1989, 1st Ex.Sess., c. 2, § 75, operative July 1, 1990.

§70-6-101.21.  Standards of performance and conduct for teachers.

  A.  The State Board of Education shall promulgate standards of performance and conduct for teachers.  A copy of such standards, any amendments to such standards and any standards adopted by the board of education of the school district shall be provided by the board of education of each school district to each teacher on or before April 10 of each year.

B.  The State Board of Education shall include the statutory grounds for dismissal and nonreemployment of career teachers within this standards document.

C.  Standards which may be adopted by the board of education of a school district shall not conflict with state or federal law or standards promulgated by the State Board of Education.

D.  In determining whether or not the professional performance of a teacher is adequate, the standards adopted by the State Board of Education shall be considered.  Consideration may be given to any written standards of performance which have been adopted by any other educationoriented organization or agency.  Professional performance or conduct of a teacher which is in compliance with standards adopted by the State Board of Education or the local board of education pursuant to Section 71 of this act shall not be considered in support of any dismissal or nonreemployment action against the teacher.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 76, operative July 1, 1990.

§70-6-101.22.  Grounds for dismissal or nonreemployment.

A.  Subject to the provisions of the Teacher Due Process Act of 1990, a career teacher may be dismissed or not reemployed for:

1.  Willful neglect of duty;

2.  Repeated negligence in performance of duty;

3.  Mental or physical abuse to a child;

4.  Incompetency;

5.  Instructional ineffectiveness;

6.  Unsatisfactory teaching performance; or

7.  Any reason involving moral turpitude.

B.  Subject to the provisions of the Teacher Due Process Act, a probationary teacher may be dismissed or not reemployed for cause.

C.  A teacher shall be dismissed or not reemployed, unless a presidential or gubernatorial pardon has been issued, if during the term of employment such teacher is convicted in this state, the United States or another state of:

1.  Any sex offense subject to the Sex Offenders Registration Act in this state or subject to another state's or the federal sex offender registration provisions; or

2.  Any felony offense.

D.  A teacher may be dismissed, refused employment or not reemployed after a finding that such person has engaged in criminal sexual activity or sexual misconduct that has impeded the effectiveness of the individual's performance of school duties.  As used in this subsection:

1.  "Criminal sexual activity" means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and

2.  "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 77, operative July 1, 1990.  Amended by Laws 1998, c. 411, § 2, eff. July 1, 1998.

§70-6-101.23.  Application of act - Exemptions.

A.  The dismissal, suspension and nonreemployment provisions of the Teacher Due Process Act of 1990 shall not apply to:

1.  Substitute teachers;

2.  Adult education teachers; and

3.  Teachers who are employed on temporary contracts.

B.  The dismissal and suspension provisions of the Teacher Due Process Act of 1990 shall apply to teachers who are employed on temporary contracts for a complete school year and to teachers who are employed in positions fully funded by federal or private categorical grants, except that such teachers shall be employed only for the duration of the temporary contract or the grant.

C.  The evaluation provisions in Sections 6-101.10 and 6-101.11 of this title and in the Teacher Due Process Act of 1990 shall apply to teachers who are employed on temporary contracts for a complete school year and to teachers who are employed in positions fully funded by federal or private categorical grants, except that such teachers shall be employed only for the duration of the temporary contract or the grant.

D.  Teachers other than those specifically excepted in subsection A of this section who are employed on contracts shall be afforded all substantive and procedural rights set forth in the Teacher Due Process Act of 1990 including the dismissal, suspension, and nonreemployment provisions applicable to probationary or career teachers as defined in Section 6-101.3 of this title.

E.  On and after the effective date of this act any teacher who has worked a complete school year under a temporary contract in a school district shall be granted a year of service credit toward career status in that district.

F.  No teacher shall be hired on a temporary contract by a school district for more than three semesters, except for a:

1.  Teacher hired to replace a teacher who is on an approved leave of absence and who is expected to return to employment with the school district; or

2.  Teacher who is a retired member of the Teachers' Retirement System of Oklahoma.

G.  No teacher shall be offered a temporary contract with a school district without a full written disclosure at the time a position is offered by the administration of the school district which sets forth the terms and conditions of the temporary contract.  In the event the school district fails to provide such written disclosure, the teacher shall be considered as employed on a continuing contract basis.

H.  On and after the effective date of this act no teacher who is employed on a continuing contract basis by a school district shall be reemployed on a temporary contract in that school district.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 78, operative July 1, 1990.  Amended by Laws 1999, c. 114, § 1, eff. July 1, 1999; Laws 2000, c. 357, § 1, eff. July 1, 2000.

§70-6-101.24.  Poor performance or conduct of teacher - Administrator's duties and responsibilities - Compliance with act required.

A.  When an administrator who has the responsibility of evaluating a teacher identifies poor performance or conduct that the administrator believes may lead to a recommendation for the teacher's dismissal or nonreemployment, the administrator shall:

1.  Admonish the teacher, in writing, and make a reasonable effort to assist the teacher in correcting the poor performance or conduct; and

2.  Establish a reasonable time for improvement, not to exceed two (2) months, taking into consideration the nature and gravity of the teacher's performance or conduct.

B.  If the teacher does not correct the poor performance or conduct cited in the admonition within the time specified, the administrator shall make a recommendation to the superintendent of the school district for the dismissal or nonreemployment of the teacher.

C.  Whenever a member of the board of education, superintendent, or other administrator identifies poor performance or conduct that may lead to a recommendation for dismissal or nonreemployment of a teacher within the district, the administrator who has responsibility for evaluation of the teacher shall be informed, and that administrator shall comply with the procedures set forth in this section.  If the administrator fails or refuses to admonish the teacher within ten (10) days after being so informed by the board, superintendent, or other administrator, such board, superintendent or other administrator shall admonish the teacher pursuant to the provisions of this section.

D.  Repeated negligence in performance of duty, willful neglect of duty, incompetency, instructional ineffectiveness or unsatisfactory teaching performance, for a career teacher, or any cause related to inadequate teaching performance for a probationary teacher, shall not be a basis for a recommendation to dismiss or not reemploy a teacher unless and until the provisions of this section have been complied with.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 79, operative July 1, 1990.  Amended by Laws 1992, c. 34, § 1, eff. July 1, 1992.

§70-6-101.25.  Recommendation of dismissal or not to reemploy to be in writing - Basis or grounds.

Whenever a superintendent decides to recommend that a teacher employed within the school district be dismissed or not reemployed, the superintendent shall state the recommendation in writing, setting forth the basis for the recommendation, and shall submit such recommendation to the board of education.

If the teacher subject to such recommendation is a career teacher, the recommendation shall specify the statutory grounds for which the recommendation is based.

If the teacher subject to such recommendation is a probationary teacher, the recommendation shall specify the cause for which the recommendation is based.

The superintendent shall also specify the underlying facts supporting the recommendation.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 80, operative July 1, 1990.

§70-6-101.26.  Copy of recommendation to be mailed to teacher - Notice of right to hearing - Hearing - Board's decision - Notice of decision and right to trial de novo - Payment of compensation and benefits.

A.  Whenever a board of education receives a superintendent's recommendation for the dismissal or nonreemployment of a teacher, the board shall mail a copy of the recommendation to the teacher by certified mail, restricted delivery, return receipt requested or by substitute process as provided by law.  By the same means, the board shall notify the teacher of such teacher's right to a hearing before the board and the date, time and place set by the board for the hearing, which shall be held within the school district not sooner than twenty (20) days or later than sixty (60) days after the teacher's receipt of notice.  The notice shall specify the statutory grounds upon which the recommendation is based upon for a career teacher or shall specify the cause upon which the recommendation is based upon for a probationary teacher.   The notice shall also specify the underlying facts supporting the recommendation.  At the hearing, the teacher shall be entitled to all rights guaranteed under the circumstances by the United States Constitution and the Constitution of Oklahoma.

B.  The career teacher pretermination hearing shall be conducted by the local board as follows:

1.  The superintendent or designee shall, in person or in writing, specify the statutory ground upon which the recommendation is based.  The superintendent or designee shall also specify the underlying facts and provide an explanation of the evidence supporting the recommendation for the dismissal or nonreemployment of the career teacher; and

2.  The career teacher or designee shall have the opportunity to present reasons, either in person or in writing, why the proposed action should not be taken.

C.  Only after the career teacher has a meaningful opportunity to respond to the recommendation for dismissal or nonreemployment at the pretermination hearing shall the local board decide whether to accept or reject the recommendation of the superintendent.  The vote made by the board shall be made in an open meeting.  The board shall also notify the career teacher of its decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested or substitute process as provided by law.  If the decision is to accept the recommendation of the superintendent, the board shall include notification of the right of the career teacher to petition for a trial de novo in the district court within ten (10) days of receipt of notice of the decision.  At the pretermination hearing the burden of proof shall be upon the superintendent or designee and the standard of proof shall be by the preponderance of the evidence.  The career teacher shall receive any compensation or benefits to which such teacher is otherwise entitled until such time as the teacher's case is adjudicated at a trial de novo if the career teacher petitions for the trial de novo.  Such compensation and benefits shall not be provided during any further appeal process.

D.  The probationary teacher hearing shall be conducted by the local board according to procedures established by the State Board of Education.

E.  Only after due consideration of the evidence and testimony presented at the hearing shall the local board decide whether to dismiss or nonreemploy the probationary teacher.  The vote of the board shall be made in an open meeting.  The board shall also notify the probationary teacher of the decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested, or substitute process as provided by law.  The decision of the board regarding a probationary teacher shall be final and nonappealable.  At the hearing the burden of proof shall be upon the superintendent or designee, and the standard of proof shall be by the preponderance of the evidence.  The probationary teacher shall receive any compensation or benefits to which the teacher is otherwise entitled until such time as the decision of the board becomes final.  If the hearing for a probationary teacher is for nonreemployment, such compensation and benefits may be continued only until the end of the current contract of the teacher.

Added by Laws 1989, 1st Ex. Sess., c. 2, § 81, operative July 1, 1990.  Amended by Laws 2003, c. 434, § 9.

§70-6-101.27.  Teacher's right to trial de novo - Filing of petition - Service of process - Waiver - Answer - Trial procedure and proceedings - Appeal.

A.  A career teacher shall be entitled to a trial de novo in the district court of the county in which the school district is located.  Within ten (10) days of receipt of the board's notification of said teacher's right to a trial de novo, the teacher shall file a petition for a trial de novo.

Upon filing the petition, the court clerk shall issue a summons and cause service by mail to be made to the clerk of the local board of education by certified mail, restricted delivery with return receipt requested or substitute process as provided by law.

B.  If, within the tenday period, the career teacher fails to file a petition for a trial de novo concerning the teacher's dismissal or nonreemployment, the teacher shall be deemed to have waived the right to a trial de novo and the initial determination of the board shall be final.

C.  The local school board shall serve its answer within twenty (20) days of the service of summons and petition upon it.  The trial de novo shall be scheduled at the earliest possible date which will permit both parties adequate time to prepare for a just trial of the issues involved, provided however, said trial de novo shall be scheduled and held not less than ten (10) days and no later than thirty (30) days after the answer has been filed.

D.  Except as otherwise provided specifically in this section, the law generally applicable to civil suits filed in district court shall apply to the proceedings for trial de novo under this section.  At the trial de novo the standard of proof shall be by the preponderance of the evidence and the burden of proof shall be on the district superintendent or designee, as representative of the local board of education, to establish de novo that the teacher's dismissal or nonreemployment is warranted.  The trial de novo shall proceed as a nonjury trial before the court.  The court shall determine de novo all issues of fact and law necessary for full adjudication of the dispute at the trial.  The court shall not, by applying principles of collateral estoppel or res adjudicata or otherwise, give preclusive effect to findings of fact or determinations of the board with regard to the issues necessary to determine the adequacy of the dismissal or nonreemployment of the teacher in the trial de novo.  Within three (3) days following the conclusion of the trial de novo, the judge shall prepare written findings of fact and conclusions of law and shall enter judgment directing either of the following:

1.  That the local board of education reinstate the career teacher with full employment status and benefits; or

2.  That the decision of the local board of education for the dismissal or nonreemployment of the career teacher be sustained.

In addition, the court may enter an order awarding the prevailing party attorneys fees and costs.

E.  The time limits set forth in this section for the proceedings before the district court may be extended by mutual agreement of the parties with the approval of the district court.

F.  The decision of the district court shall be final and binding upon the teacher and the board of education unless the teacher or the board of education appeals the decision of the district court in the manner provided by law for the appeal of civil cases from the district court.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 82, operative July 1, 1990.

§70-6-101.28.  Applicable procedure.

The applicable procedure in the event of a recommendation by the superintendent for the dismissal or nonreemployment of a teacher shall be that procedure provided by law on the date such dismissal or nonreemployment is recommended to the local board of education.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 83, operative July 1, 1990.

§70-6-101.29.  Immediate suspension - Compensation and benefits - Length of suspension - Hearing for dismissal.

Whenever the superintendent of a school district has reason to believe that cause exists for the dismissal of a teacher and is of the opinion that the immediate suspension of the teacher would be in the best interests of the children in the district, the superintendent or the local board of education upon receiving recommendation for suspension from the superintendent may suspend the teacher without notice or hearing.  However, the suspension shall not deprive the teacher of any compensation or other benefits to which otherwise entitled.  Such suspension shall extend to such time as the teacher's case is adjudicated at a trial de novo for a career teacher but such extension shall not include time for any further appeal process.  Within ten (10) days' time after such suspension becomes effective, the local board of education shall initiate a hearing for dismissal pursuant to law.

However, in a case involving a criminal charge or indictment, such suspension may extend to such time as the teacher's case is finally adjudicated at trial.  Provided, however, such extension shall not include any appeal process.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 84, operative July 1, 1990.  Amended by Laws 1992, c. 34, § 2, eff. July 1, 1992.

§70-6-101.30.  Annexed or consolidated district to give teacher credit for years of service in annexed or consolidated district.

A.  If a school district is annexed, either voluntarily or involuntarily, by another school district, the annexing district shall give teachers credit for all purposes for years of service performed in the annexed district as though said years of service were actually performed in the annexing district.

B.  In the event school districts are consolidated, the consolidated school district shall give teachers credit for all purposes for years of service in the school districts which are consolidated as though said years of service were actually performed in the consolidated school district.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 85, operative July 1, 1990.

§70-6-101.40.  Suspension, demotion, termination or nonreemployment for cause of support employee.

A support employee who has been employed by a local board of education for more than one (1) year shall be subject to suspension, demotion, termination or nonreemployment only for cause, as designated by the policy of the local board of education, adopted as provided in Section 6-101.43 of this title.  This section shall not be construed to prevent layoffs for lack of funds or work.  For purposes of this act, "support employee" means a fulltime employee of a school district as determined by the standard period of labor which is customarily understood to constitute fulltime employment for the type of services performed by the employee who is employed a minimum of one hundred seventy-two (172) days and who provides those services, not performed by professional educators or licensed teachers, which are necessary for the efficient and satisfactory functioning of a school district and shall not include adult education instructors or adult coordinators employed by technology center school districts.

Added by Laws 1981, c. 122, § 1, eff. Jan. 1, 1982.  Amended by Laws 1985, c. 143, § 3, eff. July 1, 1985.  Renumbered from § 24-133 of this title by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July 1, 1990.  Amended by Laws 1993, c. 215, § 2, emerg. eff. May 24, 1993; Laws 1993, c. 360, § 8, eff. July 1, 1993; Laws 2001, c. 33, § 79, eff. July 1, 2001.

NOTE:  Laws 1993, c. 20, § 1 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993.

§70-6-101.41.  School support employees - Conviction of felony - Criminal sexual activity or sexual misconduct.

A.  A school support employee as defined in Section 6-101.40 of this title shall be dismissed or not reemployed, unless a presidential or gubernatorial pardon has been issued, if during the term of employment such employee is convicted in this state, the United States or another state of:

1.  Any sex offense subject to the Sex Offenders Registration Act in this state or subject to another state's or the federal sex offender registration provisions; or

2.  Any felony offense.

B.  A school support employee may be dismissed, refused employment or not reemployed after a finding that such person has engaged in criminal sexual activity or sexual misconduct that has impeded the effectiveness of the individual's performance of school duties.  As used in this subsection:

1.  "Criminal sexual activity" means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and

2.  "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 86, operative July 1, 1990.  Amended by Laws 1998, c. 411, § 3, eff. July 1, 1998.

§70-6-101.42.  Blank.

§70-6-101.43.  Adoption and publication of disciplinary policy for support personnel  Copies.

Each local board of education shall adopt a policy statement defining the causes and procedures for suspension, demotion, termination or nonreemployment of support personnel.  Upon adoption of such policy, a copy thereof shall be furnished to each support employee.

Added by Laws 1981, c. 122, § 2, eff. Jan. 1, 1982.  Renumbered from § 24-134 by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July 1, 1990.  Amended by Laws 1993, c. 215, § 3, emerg. eff. May 24, 1993.

§70-6-101.44.  Adoption of policy prerequisite to disciplinary action.

Beginning January 1, 1982, no suspension, demotion or termination of a support employee shall be effective or enforceable unless the local school board has adopted a policy as provided in Section 2 of this act.

Laws 1981, c. 122, § 3, eff. Jan. 1, 1982.  Renumbered from § 24-135 by Laws 1989, 1st Ex.Sess, c. 2, § 119, operative July 1, 1990.

§70-6-101.45.  Reasonable assurance of employment.

A.  A school district, no later than ten (10) days after the effective date of the education appropriation bill or June 1, whichever is later, shall give reasonable assurance of employment in writing to any support employee that the school intends to employ for the subsequent school year.

B.  This section shall not be construed to nullify the provisions of Sections 24133 through 24137 of this title or be construed to deprive any employee that the district is considering not employing for the subsequent year of any rights provided in such sections.

Added by Laws 1987, c. 101, § 1, emerg. eff. May 22, 1987. Amended by Laws 1989, c. 111, § 1.  Renumbered from § 24-135.1 by Laws 1989, 1st Ex.Sess. c. 2, § 119, operative July 1, 1990.

§70-6-101.46.  Procedure for disciplinary action.

A.  After any suspension or prior to any demotion, termination or nonreemployment, a support employee shall receive notice of the right to a hearing.  The hearing shall be conducted by the local board of education.  All notices shall be by certified mail, with the postmark used to determine the timeliness of the notice.  Failure of the employee to request a hearing within ten (10) working days of such notice shall be considered a waiver of the employee's right to a hearing.

B.  Nonreemployment shall mean nonrenewal of a support employee's contract upon expiration of the contract.

C.  If an employee is to be suspended for a period to exceed ten (10) days, the superintendent of the district shall initiate proceedings for termination and shall follow the procedures set forth in subsection A of this section.  However, in a case involving a criminal charge or indictment, the suspension may be delayed until the employee's case is adjudicated at the trial.  Nothing in this act shall prevent the school board from proceeding against the employee during or after the suspension for termination as provided in this act.

Added by Laws 1981, c. 122, § 4, eff. Jan. 1, 1982.  Renumbered from § 24-136 by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July 1, 1990.  Amended by Laws 1993, c. 215, § 4, emerg. eff. May 24, 1993.

§70-6-101.47.  Hearing.

If the employee selects a hearing before the local board of education, the hearing shall be conducted at the next, or next succeeding, regularly scheduled meeting if the request for the hearing was received by the local board of education at least ten (10) days prior to the next, or next succeeding, regularly scheduled meeting.  Provided, however, at the request of the employee or at the discretion of the local board of education, the local board shall call a special meeting to conduct the requested hearing, which shall be held no sooner than ten (10) days nor later than thirty (30) days after receipt of the employee's request.  The decision of the local board of education at the hearing shall be final.

Laws 1981, c. 122, § 5, eff. Jan. 1, 1982.  Renumbered from § 24-137 by Laws 1989, 1st Ex.Sess., c. 2, § 119, operative July 1, 1990.

§70-6-101.48.  Employees of business having contract with school - Conviction of sex offense or felony.

A.  No person or business having a contract with a school or school district to perform work on a full-time or part-time basis that would otherwise be performed by school district employees shall allow any employee to work on school premises if such employee is convicted in this state, the United States or another state of any felony offense unless ten (10) years has elapsed since the date of the criminal conviction or the employee has received a presidential or gubernatorial pardon for the criminal offense.

B.  Every person or business performing services not subject to subsection A of this section on the property of a school or school district shall at the time of contracting be required to sign a statement declaring that no employee working on school premises under the authority of such business is currently registered under the provisions of the Oklahoma Sex Offenders Registration Act and that the business is not in violation of the provisions of this section.  Compliance with this statute shall be required of the person or private business, and there shall be no obligation placed upon a school district to ascertain the truthfulness of the affidavit.

C.  A person or business having a written contract with a school or school district to perform work on a full-time or part-time basis that would otherwise be performed by school district employees may conduct a felony search of the employees of the person or entity who would be assigned that work through a request to the State Board of Education in the same manner as a felony search is afforded school districts by Section 5-142 of this title.

Added by Laws 1998, c. 411, § 4, eff. July 1, 1998.  Amended by Laws 1999, c. 200, § 2, emerg. eff. May 24, 1999; Laws 2005, c. 205, § 2, eff. July 1, 2005.

§70-6-102.  Renumbered as § 6-101.1 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 116, operative July 1, 1990.

§70-6-102.1.  Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122, operative July 1, 1990.

§70-6-102.2.  Renumbered as § 6-101.10 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 117, operative July 1, 1990.

§70-6-102.3.  Renumbered as § 6-101.11 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 117, operative July 1, 1990.

§70-6-102.4.  Renumbered as § 6-101.13 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 118, operative July 1, 1990.

§70-6-102.6.  Renumbered as § 6-101.14 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 118, operative July 1, 1990.

§70-6-102.7.  Renumbered as § 6-101.2 of this title by Laws 1989, 1st Ex.Sess., c. 2, § 116, operative July 1, 1990.

§70-6-103.  Repealed by Laws 1989, 1st Ex. Sess., c. 2, §122, operative July 1, 1990.

§70-6-103.1.  Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122, operative July 1, 1990.

§70-6-103