2013 Oklahoma Statutes
Title 70 - Schools


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls2 {margin-left:100pt;} .cls17 {margin-left:100pt;margin-right:180pt;} .cls16 {margin-left:115pt;} .cls5 {margin-left:136pt;} .cls13 {margin-left:14pt;} .cls11 {margin-left:172pt;} .cls7 {margin-left:208pt;} .cls12 {margin-left:27pt;} .cls14 {margin-left:324pt;} .cls15 {margin-left:367pt;} .cls4 {margin-left:36pt;margin-right:36pt;} .cls3 {margin-left:43pt;margin-right:43pt;} .cls10 {margin-left:64pt;} .cls6 {margin-left:72pt;margin-right:222pt;} .cls9 {margin-left:99pt;} .cls19 {margin-right:10pt;} .cls18 {margin-right:4pt;} .cls8 {text-align:center;} .cls1 {text-align:justify;} </STYLE> <title>&sect;70-1</title> </head> <body> <p><span class="cls0">&sect;70-1. Repealed by Laws 1941, p. 416, &sect; 8.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-6. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-8. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-9. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-10. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-11. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-12. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-13. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-14. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-15. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-16. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-17. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-18. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-19. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-20. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-21. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-101. Oklahoma School Code.&nbsp;</span></p> <p><span class="cls0">This act shall be known as the Oklahoma School Code.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-101, eff. July 2, 1971.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-102. Purpose of act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-102, eff. July 2, 1971.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-103. Act to be liberally construed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-103, eff. July 2, 1971.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-104. Act not to repeal or modify tax laws unless specifically provided.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-104, eff. July 2, 1971.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-105. State Department of Education - State Board of Education - State Superintendent of Public Instruction - Definitions.&nbsp;</span></p> <p><span class="cls0">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 any divisions and positions as may be established by law, by the State Board of Education or by the State Superintendent of Public Instruction.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education is that agency in the State Department of Education which shall be the governing board of the public school system of the state.&nbsp;</span></p> <p><span class="cls0">C. The State Superintendent of Public Instruction is the official provided for in Section 1 of Article VI of the Oklahoma Constitution who shall be the executive officer of the State Board of Education and have control of and direct the State Department of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-105, eff. July 2, 1971. Amended by Laws 1990, c. 293, &sect; 6, eff. Sept. 1, 1990; Laws 2011, c. 31, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;701106. Public schools Definition What included.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1106, eff. July 2, 1971. Amended by Laws 2001, c. 33, &sect; 64, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;701107. Educational services Enumeration.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 1107, eff. July 2, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;70-1-107.1. Technology - Generally defined for educational and governmental purposes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The provisions of subsection A of this section shall apply when related to the expenditure of public funds by educational and governmental entities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 90, &sect; 1, emerg. eff. April 9, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-108. School district - Definition.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-108, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-109. Length of school year - School for less than full year &ndash; Extended-day schedule - Closure for inclement weather.&nbsp;</span></p> <p><span class="cls0">A. For all public schools in Oklahoma, school shall actually be in session and classroom instruction offered:&nbsp;</span></p> <p><span class="cls0">1. For not less than one hundred eighty (180) days; or&nbsp;</span></p> <p><span class="cls0">2. For not less than one thousand eighty (1,080) hours each school year, if a district board of education adopts a school-hours policy and notifies the State Board of Education prior to September 15 of the applicable school year.&nbsp;</span></p> <p><span class="cls0">B. A school district may not count more than thirty (30) hours each school year that are used for attendance of professional meetings toward the one hundred eighty (180) days or one thousand eighty (1,080) hours of classroom instruction time required in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. Teachers off contract with an employing district shall not be required by the employing school district to attend professional meetings unless the teacher is paid additional compensation for the additional time. Teachers may be paid additional compensation for attending professional meetings in excess of their contract term. Subject to district board of education policy or collective bargaining agreement, additional paid professional days may be granted for individual teachers to attend or participate in professional meetings, staff development training, or National Board certification portfolio development as provided for in Section 6-204.2 of this title.&nbsp;</span></p> <p><span class="cls0">D. A school district may authorize parent-teacher conferences to be held during a regular school day. If authorized by the school district, parent-teacher conferences shall be counted as classroom instruction time for no more than six (6) hours per semester, for a total of twelve (12) hours per school year.&nbsp;</span></p> <p><span class="cls0">E. A school district may maintain school for less than a full school year only when conditions beyond the control of school authorities make the maintenance of the term impossible and the State Board of Education has been apprised and has expressed concurrence in writing.&nbsp;</span></p> <p><span class="cls0">F. The State Board of Education shall establish criteria for an extended-day schedule for schools subject to paragraph 1 of subsection A of this section. The criteria shall:&nbsp;</span></p> <p><span class="cls0">1. Prescribe a lengthened school day within limits determined not to be detrimental to quality instruction;&nbsp;</span></p> <p><span class="cls0">2. Ensure that the schedule is equivalent in annual hours of instruction to the one-hundred-eighty-day school year specified in paragraph 1 of subsection A of this section; and&nbsp;</span></p> <p><span class="cls0">3. Be consistent with the provisions of this section and Sections 1-111 and 1-112 of this title, but may result in fewer annual days of instruction.&nbsp;</span></p> <p><span class="cls0">G. 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.&nbsp;</span></p> <p><span class="cls0">H. Notwithstanding the provisions of subsections F and G of this section, a school district board of education subject to paragraph 1 of subsection A of this section may adopt and implement an extended-day schedule for grades nine through twelve subject to the following requirements:&nbsp;</span></p> <p><span class="cls0">1. The annual number of hours of instruction shall equal or exceed one thousand eighty (1,080) hours, which is the equivalent of one hundred eighty (180) days of instruction as specified in subsection A of this section for six (6) hours each day as specified in Section 1-111 of this title;&nbsp;</span></p> <p><span class="cls0">2. The annual number of days of instruction shall equal or exceed one hundred eighty (180) days as specified in subsection A of this section;&nbsp;</span></p> <p><span class="cls0">3. The schedule adopted shall be consistent with the provisions of Sections 1-111 and 1-112 of this title, except that for not more than one (1) day per week, a school day shall consist of not less than five (5) hours devoted to academic instruction in a regular classroom setting;&nbsp;</span></p> <p><span class="cls0">4. The district shall hold a public hearing prior to the adoption of an extended-day schedule authorized pursuant to this subsection; and&nbsp;</span></p> <p><span class="cls0">5. The district shall document the impact on student achievement as determined by the academic performance data score and any other relevant factors that are a result of implementation of an extended-day schedule authorized pursuant to this subsection and provide an annual report to the State Board of Education of the results. If improvement in student achievement cannot be documented in the report, the district board of education shall revoke authorization as provided by this subsection. If the district does not revoke authorization after student achievement is not documented in the report, the State Board of Education may deny accreditation of any school in violation of this subsection.&nbsp;</span></p> <p><span class="cls0">I. If subject to paragraph 2 of subsection A of this section, a district board of education or designee may elect to close a school during the school day for inclement weather purposes. In such an event, the number of hours incurred in classroom instruction time prior to school closure shall be counted toward the one thousand eighty (1,080) hours per year requirement.&nbsp;</span></p> <p><span class="cls0">J. Nothing in this section shall be construed as affecting the right of an employing school district to require teachers as defined in Section 6-101.3 of this title to work in excess of the one thousand eighty (1,080) hours required for student instruction. In addition, nothing in this section shall be construed to affect the Fair Labor Standards Act status of any school district employee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-109, eff. July 2, 1971. Amended by Laws 1978, c. 22, &sect; 1, emerg. eff. March 10, 1978; Laws 1979, c. 1, &sect; 1, emerg. eff. March 8, 1979; Laws 1981, c. 290, &sect; 1, eff. July 1, 1981; Laws 1982, c. 13, &sect; 1, emerg. eff. March 17, 1982; Laws 1983, c. 330, &sect; 39, operative July 1, 1983; Laws 1984, c. 296, &sect; 36, operative July 1, 1984; Laws 1985, c. 143, &sect; 1, eff. July 1, 1985; Laws 1992, c. 324, &sect; 4, eff. July 1, 1992; Laws 1998, c. 350, &sect; 2, emerg. eff. June 5, 1998; Laws 2002, c. 236, &sect; 1, eff. July 1, 2002; Laws 2006, c. 250, &sect; 1, eff. July 1, 2006; Laws 2009, c. 103, &sect; 1, emerg. eff. April 24, 2009; Laws 2013, c. 83, &sect; 1, eff. July 1, 2013; Laws 2013, c. 242, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1981, c. 81, &sect; 1 repealed by Laws 1982, c. 13, &sect; 2, emerg. eff. March 17, 1982.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-109.1. Optional Extended School Year Program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall establish criteria for participation in the program which shall include:&nbsp;</span></p> <p><span class="cls0">1. A competitive application process based upon requests for proposals;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 18, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-110. Repealed by Laws 2009, c. 103, &sect; 6, emerg. eff. April 24, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;70-1-111. School day - Six hours - Exceptions.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided for by law, a school day shall consist of not less than six (6) hours devoted to school activities. A district board of education may elect to extend the length of one (1) or more school days to more than six (6) hours and reduce the number of school days as long as the total amount of classroom instruction time is not less than one thousand eighty (1,080) hours per year as required pursuant to Section 1-109 of this title.&nbsp;</span></p> <p><span class="cls0">B. A school day for nursery, early childhood education, kindergarten, and alternative education programs shall be as otherwise defined by law or as defined by the State Board of Education. Not more than one (1) school day shall be counted for attendance purposes in any twenty-four-hour period.&nbsp;</span></p> <p><span class="cls0">C. Students absent from school in which they are regularly enrolled may be considered as being in attendance if the reason for such absence is to participate in scheduled school activities under the direction and supervision of a regular member of the faculty or to participate in an online course approved by the district board of education. The State Board of Education shall adopt rules to provide for the implementation of supplemental online courses which shall include, but not be limited to, provisions addressing the following:&nbsp;</span></p> <p><span class="cls0">1. Criteria for student admissions eligibility;&nbsp;</span></p> <p><span class="cls0">2. A student admission process administered through the district of residence, which provides the ability for the student to enroll in individual courses;&nbsp;</span></p> <p><span class="cls0">3. A process by which students are not denied the opportunity to enroll in educationally appropriate courses by school districts. For the purposes of this section, "educationally appropriate" means any instruction that is not substantially a repeat of a course or portion of a course that the student has successfully completed, regardless of the grade of the student, and regardless of whether a course is similar to or identical to the instruction that is currently offered in the school district;&nbsp;</span></p> <p><span class="cls0">4. Creation of a system which provides ongoing enrollment access for students throughout the school year;&nbsp;</span></p> <p><span class="cls0">5. A grace period of fifteen (15) calendar days from the first day of an online course for student withdrawal from an online course without academic penalty;&nbsp;</span></p> <p><span class="cls0">6. Mastery of competencies for course completion rather than Carnegie units;&nbsp;</span></p> <p><span class="cls0">7. Student participation in extracurricular activities in accordance with school district eligibility rules and policies and any rules and policies of a private organization or association which provides the coordination, supervision, and regulation of the interscholastic activities and contests of schools;&nbsp;</span></p> <p><span class="cls0">8. Parent authorization for release of state test results to online course providers, on a form developed by the State Department of Education; and&nbsp;</span></p> <p><span class="cls0">9. A review process to identify and certify online course providers and a uniform payment processing system.&nbsp;</span></p> <p><span class="cls0">D. Each district board of education shall adopt policies and procedures that conform to rules for online courses as adopted by the State Board. Such policies shall include criteria for approval of the course, the appropriateness of the course for a particular student, authorization for full-time students to enroll in online courses, and establishing fees or charges. No district shall be liable for payment of any fees or charges for any online course for a student who has not complied with the district's policies and procedures. School districts shall not deny students the opportunity to enroll in educationally appropriate courses and shall provide an admissions process which includes input from the student, the parent or guardian of the student, and school faculty.&nbsp;</span></p> <p><span class="cls0">E. Districts shall require students enrolled in online courses to participate in the Oklahoma School Testing Program Act. Students participating in online courses from a remote site will be responsible for providing their own equipment and Internet access, unless the district chooses to provide the equipment. Credit may not be granted for such courses except upon approval of the State Board of Education and the district board of education.&nbsp;</span></p> <p><span class="cls0">F. The school day for kindergarten may consist of six (6) hours devoted to school activities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-111, eff. July 2, 1971. Amended by Laws 1989, c. 335, &sect; 5, eff. July 1, 1989; Laws 1989, 1st Ex.Sess., c. 2, &sect; 32, emerg. eff. April 25, 1990; Laws 1992, c. 324, &sect; 5, eff. July 1, 1992; Laws 1994, c. 290, &sect; 68, eff. July 1, 1994; Laws 2001, c. 427, &sect; 1, emerg. eff. June 5, 2001; Laws 2002, c. 453, &sect; 1, eff. July 1, 2002; Laws 2003, c. 169, &sect; 1, eff. July 1, 2003; Laws 2004, c. 5, &sect; 81, emerg. eff. March 1, 2004; Laws 2009, c. 103, &sect; 2, emerg. eff. April 24, 2009; Laws 2010, c. 352, &sect; 1; Laws 2011, c. 368, &sect; 1, eff. July 1, 2011; Laws 2012, c. 24, &sect; 1, eff. July 1, 2012; Laws 2013, c. 203, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 40, &sect; 1 repealed by Laws 2004, c. 5, &sect; 82, emerg. eff. March 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-112. School taught on Saturday.&nbsp;</span></p> <p><span class="cls0">School taught on Saturday shall not be counted for attendance purposes in meeting the school year requirements as set forth in Section 1-109 of this title. School taught on Saturday may be substituted for regular school days during which school has been or will be closed upon approval of the State Board of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-112, eff. July 2, 1971. Amended by Laws 2009, c. 103, &sect; 3, emerg. eff. April 24, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-113. School district residency.&nbsp;</span></p> <p><span class="cls0">A. When used in this section, the residence of any child for school purposes shall be:&nbsp;</span></p> <p><span class="cls0">1. The school district in which the parents, guardian, or person having legal custody holds legal residence.&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. The foster home, as defined in Section 1-1-105 of Title 10A 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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;by the person or agency having legal custody of the child pursuant to a court order, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;by a state agency having legal custody of the child pursuant to the provisions of Title 10A of the Oklahoma Statutes; or&nbsp;</span></p> <p><span class="cls0">3. Any orphanage or eleemosynary child care facility having full-time care and custody; or&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;where child care and services are provided, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">5. Any state-operated institution in which a child has been placed by a parent or guardian or by a state agency having legal custody of the child pursuant to the provisions of Title 10A or Section 3-101 of Title 43A of the Oklahoma Statutes for care and treatment due to a physical or mental condition of the child; or&nbsp;</span></p> <p><span class="cls0">6. The district in which a child who is entirely self-supporting resides and attends school; or&nbsp;</span></p> <p><span class="cls0">7. A state-licensed or operated emergency shelter.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. For the purpose of ensuring that a child placed in a therapeutic foster care home, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, receives an appropriate education, no receiving school district shall be required to enroll such a child if the enrollment would cause the proportion of students in therapeutic foster 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.&nbsp;</span></p> <p><span class="cls0">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 1-1-105 of Title 10A 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The governing body of any state institution for children operated pursuant to the provisions of Title 10A of the Oklahoma Statutes or Section 3-101 of Title 43A of the Oklahoma Statutes and the board of education of the school district in which the institution is located or any other school district in the state willing to provide necessary educational services may enter into a contract whereby the district will maintain a school for the children of the institution, in which event the residence of 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-113, eff. July 2, 1971. Amended by Laws 1983, c. 150, &sect; 1, operative July 1, 1983; Laws 1984, c. 182, &sect; 1, emerg. eff. May 7, 1984; Laws 1985, c. 336, &sect; 1, operative July 1, 1985; Laws 1986, c. 102, &sect; 1, operative July 1, 1986; Laws 1987, c. 122, &sect; 1, eff. July 1, 1987; Laws 1989, c. 250, &sect; 2, operative July 1, 1989; Laws 1992, c. 262, &sect; 3, emerg. eff. May 22, 1992; Laws 1994, c. 168, &sect; 1, eff. July 1, 1994; Laws 1995, c. 231, &sect; 8, eff. Nov. 1, 1995; Laws 1996, c. 319, &sect; 1, eff. July 1, 1996; Laws 1997, c. 343, &sect; 1, eff. July 1, 1997; Laws 1998, c. 362, &sect; 1, eff. July 1, 1998; Laws 2002, c. 453, &sect; 2, eff. July 1, 2002; Laws 2009, c. 234, &sect; 154, emerg. eff. May 21, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-114. Free attendance - Admission to early childhood programs - Enrollment in kindergarten and first grade - Nonresident tuition fee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0"> 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-114, eff. July 2, 1971. Amended by Laws 1972, c. 93, &sect; 1; Laws 1974, c. 21, &sect; 1; Laws 1979, c. 114, &sect; 1; Laws 1979, c. 204, &sect; 1, eff. July 1, 1979; Laws 1989, c. 335, &sect; 6, eff. July 1, 1989; Laws 1989, 1st Ex.Sess., c. 2, &sect; 15, emerg. eff. April 25, 1990; Laws 1990, c. 263, &sect; 61, operative July 1, 1990; Laws 1992, c. 262, &sect; 4, emerg. eff. May 22, 1992; Laws 1993, c. 333, &sect; 1, eff. July 1, 1993; Laws 1994, c. 220, &sect; 1, eff. July 1, 1994; Laws 1998, c. 204, &sect; 1, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-114.1. Foreign exchange students - Guidelines for acceptance.&nbsp;</span></p> <p><span class="cls0">Unless otherwise prohibited by federal law, school districts may:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Use the governing regulations set by the United States Information Agency (USIA) for Exchange Visitor Programs as guidelines and standards for local schools;&nbsp;</span></p> <p><span class="cls0">4. Have the right to accept or reject any exchange student or sponsoring organization not adhering to the USIA regulations; and&nbsp;</span></p> <p><span class="cls0">5. Have the right to reject any exchange student if the student, legal custodian, or legal guardian is not a resident of the district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 212, &sect; 1, eff. July 1, 1994.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-114.2. Operation as grantee of a federal Head Start program - Calculation of state aid.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 437, &sect; 5, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-115. Public school system &ndash; Administration.&nbsp;</span></p> <p><span class="cls0">The public school system in Oklahoma shall be administered by the State Department of Education, State Superintendent of Public Instruction, boards of education of school districts, and superintendents of school districts. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-115, eff. July 2, 1971. Amended by Laws 2011, c. 31, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;701116. Positions in school system Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 1-116, eff. July 2, 1971; Laws 1973, c. 193, &sect; 1, emerg. eff. May 17, 1973; Laws 1980, c. 284, &sect; 15, emerg. eff. June 10, 1980; Laws 1989, 1st Ex. Sess., c. 2, &sect; 58, emerg. eff. April 25, 1990; Laws 1993, c. 239, &sect; 20, eff. July 1, 1993; Laws 1994, c. 345, &sect; 1, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;701116.1. Teaching principal Amount of time in classroom.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1982, c. 342, &sect; 8, emerg. eff. June 2, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;701116.2. Administration of medicine to students.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A nonprescription medicine; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The school shall keep on file the written authorization of the parent or guardian of the student to administer medicine to the student.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1984, c. 192, 5, emerg. eff. May 14, 1984. &nbsp;</span></p> <p><span class="cls0">&sect;70-1-116.3. Self-administration of inhaled asthma or anaphylaxis medication &ndash; School board epinephrine injector policy.&nbsp;</span></p> <p><span class="cls0">A. Notwithstanding the provisions of Section 1-116.2 of this title, the board of education of each school district shall adopt a policy on or before September 1, 2008, that permits the self-administration of inhaled asthma medication by a student for treatment of asthma and the self-administration of anaphylaxis medication by a student for treatment of anaphylaxis. The policy shall require:&nbsp;</span></p> <p><span class="cls0">1. The parent or guardian of the student to authorize in writing the student's self-administration of medication;&nbsp;</span></p> <p><span class="cls0">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 or anaphylaxis and is capable of, and has been instructed in the proper method of, self-administration of medication;&nbsp;</span></p> <p><span class="cls0">3. The parent or guardian of the student to provide to the school an emergency supply of the student's medication to be administered pursuant to the provisions of Section 1-116.2 of this title;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The school board of each school district that elects to stock Epinephrine injectors shall amend the policy identified in subsection A of this section. The amended policy shall require:&nbsp;</span></p> <p><span class="cls0">1. The school district to inform the parent or guardian of each student, in writing, that a school nurse or school employee trained by a health care professional or trained in correlation with the State Department of Health's Diabetes Management Annual School Training Program may administer, with parent or guardian permission but without a health care provider order, an Epinephrine injection to a student whom the school nurse or trained school employee in good faith believes is having an anaphylactic reaction;&nbsp;</span></p> <p><span class="cls0">2. A waiver of liability executed by a parent or guardian be on file with the school district prior to the administration of an Epinephrine injection pursuant to paragraph 1 of this subsection; and&nbsp;</span></p> <p><span class="cls0">3. The school district to designate the employee responsible for obtaining the Epinephrine injectors at each school site.&nbsp;</span></p> <p><span class="cls0">C. The school district and its employees and agents shall incur no liability as a result of any injury arising pursuant to the discharge or nondischarge of the powers provided for pursuant to paragraph 1 of subsection B of this section.&nbsp;</span></p> <p><span class="cls0">D. A licensed physician who has prescriptive authority may write a prescription for Epinephrine injectors to the school district in the name of the district as a body corporate specified in Section 5-105 of this title which shall be maintained at each school site. Such physician shall incur no liability as a result of any injury arising from the use of the Epinephrine injectors.&nbsp;</span></p> <p><span class="cls0">E. The school district may maintain at each school a minimum of two Epinephrine injectors in a secure location. Provided, however, that nothing in this section shall be construed as creating or imposing a duty on a school district to maintain Epinephrine injectors at a school site or sites.&nbsp;</span></p> <p><span class="cls0">F. In the event a student is believed to be having an anaphylactic reaction, a school employee shall contact 911 as soon as possible.&nbsp;</span></p> <p><span class="cls0">G. The State Board of Education, in consultation with the State Board of Health, shall develop a model policy which school districts may use in compliance with this section.&nbsp;</span></p> <p><span class="cls0">H. The State Board of Education, in consultation with the State Board of Health, shall promulgate rules to implement this section.&nbsp;</span></p> <p><span class="cls0">I. As used in this section:&nbsp;</span></p> <p><span class="cls0">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, or an anaphylaxis medication used to treat anaphylaxis, including but not limited to Epinephrine injectors, prescribed by a physician and having an individual label; and&nbsp;</span></p> <p><span class="cls0">2. "Self-administration" means a student's use of medication pursuant to prescription or written direction from a physician.&nbsp;</span></p> <p><span class="cls0">J. The permission for self-administration of asthma or anaphylaxis 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.&nbsp;</span></p> <p><span class="cls0">K. A student who is permitted to self-administer asthma or anaphylaxis medication pursuant to this section shall be permitted to possess and use a prescribed inhaler or anaphylaxis medication, including but not limited to an Epinephrine injector, at all times.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 143, &sect; 1, emerg. eff. April 28, 2003. Amended by Laws 2008, c. 271, &sect; 1, emerg. eff. May 27, 2008; Laws 2013, c. 397, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-117. General fund - Capital and noncapital expenditures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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, including interest, that have a terminal date and result in the acquisition of property, and expenditures for preliminary studies made prior to the time that authority to proceed with a construction project is given if authority is received within the same fiscal year that the expenditure was made.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-117, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 114, emerg. eff. April 25, 1990; Laws 1991, c. 209, &sect; 2, eff. July 1, 1991; Laws 1992, c. 324, &sect; 6, eff. July 1, 1992; Laws 1995, c. 153, &sect; 2, emerg. eff. May 2, 1995; Laws 2001, c. 33, &sect; 65, eff. July 1, 2001; Laws 2002, c. 89, &sect; 1, eff. July 1, 2002; Laws 2003, c. 173, &sect; 1, eff. July 1, 2003; Laws 2009, c. 250, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-118. Building fund - Definition.&nbsp;</span></p> <p><span class="cls0">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 repairing and maintaining computer systems and equipment, for paying energy and utility costs, for purchasing telecommunications utilities and services, for paying fire and casualty insurance premiums for school facilities, for purchasing security systems, for paying salaries of security personnel, or for one or more, or all, of such purposes. Proceeds of such levies shall not be required to be used during the year for which a levy is made but may accumulate from year to year until adequate for the purposes intended. The building 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1118, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 115, emerg. eff. April 25, 1990; Laws 1991, c. 209, &sect; 3, eff. July 1, 1991; Laws 1994, c. 319, &sect; 1, eff. Sept. 1, 1994; Laws 2010, c. 297, &sect; 1, emerg. eff. June 6, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-1-118.1. Building fund &ndash; Technology center school districts.&nbsp;</span></p> <p><span class="cls0">The building fund of any technology center school district shall consist of all monies derived from the proceeds of a building fund levy not to exceed five (5) mills in any year, voted by the people of a school district pursuant to the provisions of Section 10 of Article X of the Oklahoma Constitution, monies appropriated by the state for the purpose of capital expenditures or projects, and monies donated to a school district for the purpose of capital projects or improvements and may be used for purchasing, providing, erecting, remodeling, repairing or maintaining any of the following: school buildings, furniture, computer systems and equipment, software for instructional and noninstructional purposes, energy and utility costs, telecommunications utilities and services, fire and casualty insurance premiums for school facilities, security, student transportation, grounds maintenance including parking lots and sidewalks, instructional and maintenance equipment, or for one or more, or all, of these purposes. Proceeds of the levies shall not be required to be used during the year for which a levy is made but may accumulate from year to year until adequate for the purposes intended. The building fund defined in this section is hereby declared to be a current expense fund, but shall not be considered a part of the general operating fund. No monies derived from the proceeds of the school levies made pursuant to the provisions of Section 9B of Article X of the Oklahoma Constitution may be placed in the building fund provided by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 167, &sect; 1, eff. July 1, 1994. Amended by Laws 1995, c. 257, &sect; 1, emerg. eff. May 25, 1995; Laws 2001, c. 33, &sect; 66, eff. July 1, 2001; Laws 2010, c. 297, &sect; 2, emerg. eff. June 6, 2010; Laws 2012, c. 234, &sect; 1, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-119. Sinking fund - Definition.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 1-119, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-120. Repealed by Laws 1981, c. 347, &sect; 50, emerg. eff. July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;701121. Conflicting provisions.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall control over any conflicting provisions in the laws of this state.&nbsp;</span></p> <p><span class="cls0">Laws 1976, Chapter 1, Section 2.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1976, c. 1, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;70-1-122. Contributions to Public School Classroom Support Revolving Fund &ndash; Tax forms.&nbsp;</span></p> <p><span class="cls0">A. Each individual taxpayer required to file a state income tax return and each corporation required to file a corporate tax return who desires to contribute to the Public School Classroom Support Revolving Fund created in Section 2 of this act may designate the contribution on the appropriate income or corporate tax form. The contribution may not increase or decrease the income or liability of the taxpayer and may be made by reducing the tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.&nbsp;</span></p> <p><span class="cls0">B. 1. The Oklahoma Tax Commission shall include on each state individual income or corporate tax return form for tax years beginning after December 31, 2011, an opportunity for the taxpayer to donate for the benefit of the Public School Classroom Support Revolving Fund. The instructions accompanying the tax form shall be provided to the Oklahoma Tax Commission by the State Superintendent of Public Instruction and shall contain a description of the purpose for which the Public School Classroom Support Revolving Fund was established and information on the use of monies from the tax contribution.&nbsp;</span></p> <p><span class="cls0">2. Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated by the taxpayer. The Oklahoma Tax Commission shall annually determine the total amount designated plus the amount received in excess payments and shall report the total amount to the Office of the State Treasurer. The State Treasurer shall credit the total amount to the Public School Classroom Support Revolving Fund created in Section 2 of this act at the earliest possible time.&nbsp;</span></p> <p><span class="cls0">C. The incremental cost of administration of contributions shall be paid out of the fund to the Oklahoma Tax Commission from amounts received pursuant to this section before funds are expended for the purposes of the fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 336, &sect; 1, eff. July 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-1-123. Public School Classroom Support Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Public School Classroom Support Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Education from the state income tax checkoff as provided for in Section 1-122 of this title, any state-appropriated funds, federal funds, donations, grants, contributions, and gifts from any public or private source. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purposes of providing grants to public school classroom teachers as provided for in subsection B of this section. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. Contingent upon the amount of funds available in the Public School Classroom Support Revolving Fund, the State Board of Education shall award one or more grants annually to classroom teachers. The grants shall be used by the classroom teacher for supplies, materials, or equipment for the class or classes taught by the teacher. The Board shall determine the criteria for and establish a process for the submission of grants applications. The applications shall be considered on a statewide competitive basis. The Board shall promulgate rules for the implementation of the grants issued pursuant to this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 336, &sect; 2, eff. July 1, 2011. Amended by Laws 2012, c. 304, &sect; 587.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-2. Repealed by Laws 1949, p. 607, art. 20, &sect; 9.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-101. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-102. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-103. Repealed by Laws 1980, c. 74, &sect; 4, eff. Jan 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-104. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-105. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-106. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-107. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-108. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2-109. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-2A-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-2A-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-2A-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-2A-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-2B-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-2B-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-2B-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-2B-4. Repealed by Laws 1968, c. 60, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;70-3. Repealed by Laws 1949, p. 607, art. 20, &sect; 9.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-4.1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-4.2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-6. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-8. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-101. State Board of Education - Members - Travel expenses.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall consist of seven (7) members. The State Superintendent of Public Instruction shall be a member and the chairperson of the Board. The remaining six members shall be appointed by the Governor by and with the advice and consent of the Senate. Except as otherwise provided for in subsection B of this section, upon assuming office each Governor shall appoint one member from each congressional district and one member from the state at large. Each appointment shall be made to take effect on April 2. The term of each appointed member shall be four (4) years. Appointed members shall serve until a successor is appointed. Appointed members shall serve at the pleasure of the Governor. Upon the occurrence of a vacancy the same shall be filled by the Governor, subject to confirmation by the Senate at the next session of the Legislature. The appointment to fill a vacancy shall be made for the unexpired term.&nbsp;</span></p> <p><span class="cls0">B. On the effective date of this act, all appointed positions of the current State Board of Education shall be deemed vacant and the terms of persons serving on the Board shall be deemed terminated. The Governor shall make initial appointments pursuant to the provisions of this subsection within thirty (30) days of the effective date of this act, with one member appointed from each congressional district and one member appointed from the state at large. The appointments shall be subject to confirmation by the Senate at the next session of the Legislature. The terms for members appointed pursuant to this subsection shall terminate on April 2, 2015. Thereafter, members shall be appointed as provided for in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. No person shall be eligible to be appointed to serve on the State Board unless the person has been awarded a high school diploma or certificate of high school equivalency. Any member appointed to the State Board shall complete the workshop requirements of a new school board member pursuant to Section 5-110 of this title within thirteen (13) months following or preceding the appointment of the member. Notwithstanding any provision of law to the contrary, the State Department of Education shall not charge any member of the State Board of Education a fee for any workshop provided by the Department for board members pursuant to Section 5-110 of this title and shall not pay a fee to any organization or institution of higher education on behalf of a member of the State Board of Education, or reimburse any member of the Board for a fee paid to any organization or institution of higher education, for attendance at a workshop or courses to satisfy the requirements of Section 5-110 of this title.&nbsp;</span></p> <p><span class="cls0">D. Members of the Board shall receive necessary traveling expenses while in the performance of their duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 3-101, eff. July 2, 1971. Amended by Laws 1985, c. 178, &sect; 52, operative July 1, 1985; Laws 1989, 1st Ex.Sess., c. 2, &sect; 40, emerg. eff. April 25, 1990; Laws 1992, c. 364, &sect; 8, emerg. eff. June 4, 1992; Laws 1994, c. 210, &sect; 1, emerg. eff. May 20, 1994; Laws 2002, c. 375, &sect; 15, eff. Nov. 5, 2002; Laws 2011, c. 31, &sect; 3; Laws 2011, c. 316, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-102. Meetings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 3-102, eff. July 2, 1971.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-103. Quorum.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 3-103, eff. July 2, 1971.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-104. State Board of Education - Powers and duties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Adopt policies and make rules for the operation of the public school system of the state;&nbsp;</span></p> <p><span class="cls0">2. Appoint, prescribe the duties and fix the compensation of a secretary, an attorney and all other personnel necessary for the proper performance of the functions of the State Board of Education. The secretary shall not be a member of the Board;&nbsp;</span></p> <p><span class="cls0">3. Submit to the Governor a departmental budget based upon major functions of the Department as prepared by the State Superintendent of Public Instruction and supported by detailed data on needs and proposed operations as partially determined by the budgetary needs of local school districts filed with the State Board of Education for the ensuing fiscal year. Appropriations therefor shall be made in lump-sum form for each major item in the budget as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;State Aid to schools,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">4. On the first day of December preceding each regular session of the Legislature, prepare and deliver to the Governor and the Legislature a report for the year ending June 30 immediately preceding the regular session of the Legislature. The report shall contain:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;detailed statistics and other information concerning enrollment, attendance, expenditures including State Aid, and other pertinent data for all public schools in this state,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;reports from each and every division within the State Department of Education as submitted by the State Superintendent of Public Instruction and any other division, department, institution or other agency under the supervision of the Board,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;recommendations for the improvement of the public school system of the state,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a statement of the receipts and expenditures of the State Board of Education for the past year, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">5. Provide for the formulation and adoption of curricula, courses of study and other instructional aids necessary for the adequate instruction of pupils in the public schools;&nbsp;</span></p> <p><span class="cls0">6. Have authority in matters pertaining to the licensure and certification of persons for instructional, supervisory and administrative positions and services in the public schools of the state subject to the provisions of Section 6-184 of this title, and shall formulate rules governing the issuance and revocation of certificates for superintendents of schools, principals, supervisors, librarians, clerical employees, school nurses, school bus drivers, visiting teachers, classroom teachers and for other personnel performing instructional, administrative and supervisory services, but not including members of boards of education and other employees who do not work directly with pupils, and may charge and collect reasonable fees for the issuance of such certificates:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the State Department of Education shall not issue a certificate to and shall revoke the certificate of any person who has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term for a crime or an attempt to commit a crime provided for in Section 843.5 of Title 21 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, Sections 741, 843.1, if the offense included sexual abuse or sexual exploitation, 865 et seq., 885, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes or who enters this state and who has been convicted, received a suspended sentence or received a deferred judgment for a crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in any of said laws,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">7. Promulgate rules governing the classification, inspection, supervision and accrediting of all public nursery, kindergarten, elementary and secondary schools and on-site educational services provided by public school districts or state-accredited private schools in partial hospitalization programs, day treatment programs, and day hospital programs as defined in this act for persons between the ages of three (3) and twenty-one (21) years of age in the state. However, no school shall be denied accreditation solely on the basis of average daily attendance.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Be the legal agent of the State of Oklahoma to accept, in its discretion, the provisions of any Act of Congress appropriating or apportioning funds which are now, or may hereafter be, provided for use in connection with any phase of the system of public education in Oklahoma. It shall prescribe such rules as it finds necessary to provide for the proper distribution of such funds in accordance with the state and federal laws;&nbsp;</span></p> <p><span class="cls0">9. Be and is specifically hereby designated as the agency of this state to cooperate and deal with any officer, board or authority of the United States Government under any law of the United States which may require or recommend cooperation with any state board having charge of the administration of public schools unless otherwise provided by law;&nbsp;</span></p> <p><span class="cls0">10. Be and is hereby designated as the "State Educational Agency" referred to in Public Law 396 of the 79th Congress of the United States, which law states that said act may be cited as the "National School Lunch Act", and said State Board of Education is hereby authorized and directed to accept the terms and provisions of said act and to enter into such agreements, not in conflict with the Constitution of Oklahoma or the Constitution and Statutes of the United States, as may be necessary or appropriate to secure for the State of Oklahoma the benefits of the school lunch program established and referred to in said act;&nbsp;</span></p> <p><span class="cls0">11. Have authority to secure and administer the benefits of the National School Lunch Act, Public Law 396 of the 79th Congress of the United States, in the State of Oklahoma and is hereby authorized to employ or appoint and fix the compensation of such additional officers or employees and to incur such expenses as may be necessary for the accomplishment of the above purpose, administer the distribution of any state funds appropriated by the Legislature required as federal matching to reimburse on children's meals;&nbsp;</span></p> <p><span class="cls0">12. Accept and provide for the administration of any land, money, buildings, gifts, donation or other things of value which may be offered or bequeathed to the schools under the supervision or control of said Board;&nbsp;</span></p> <p><span class="cls0">13. Have authority to require persons having administrative control of all school districts in Oklahoma to make such regular and special reports regarding the activities of the schools in said districts as the Board may deem needful for the proper exercise of its duties and functions. Such authority shall include the right of the State Board of Education to withhold all state funds under its control, to withhold official recognition, including accrediting, until such required reports have been filed and accepted in the office of said Board and to revoke the certificates of persons failing or refusing to make such reports;&nbsp;</span></p> <p><span class="cls0">14. Have general supervision of the school lunch program. The State Board of Education may sponsor workshops for personnel and participants in the school lunch program and may develop, print and distribute free of charge or sell any materials, books and bulletins to be used in such school lunch programs. There is hereby created in the State Treasury a revolving fund for the Board, to be designated the School Lunch Workshop Revolving Fund. The fund shall consist of all fees derived from or on behalf of any participant in any such workshop sponsored by the State Board of Education, or from the sale of any materials, books and bulletins, and such funds shall be disbursed for expenses of such workshops and for developing, printing and distributing of such materials, books and bulletins relating to the school lunch program. The fund shall be administered in accordance with Section 155 of Title 62 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">15. Prescribe all forms for school district and county officers to report to the State Board of Education where required. The State Board of Education shall also prescribe a list of appropriation accounts by which the funds of school districts shall be budgeted, accounted for and expended; and it shall be the duty of the State Auditor and Inspector in prescribing all budgeting, accounting and reporting forms for school funds to conform to such lists;&nbsp;</span></p> <p><span class="cls0">16. Provide for the establishment of a uniform system of pupil and personnel accounting, records and reports;&nbsp;</span></p> <p><span class="cls0">17. Have authority to provide for the health and safety of school children and school personnel while under the jurisdiction of school authorities;&nbsp;</span></p> <p><span class="cls0">18. Provide for the supervision of the transportation of pupils;&nbsp;</span></p> <p><span class="cls0">19. Have authority, upon request of the local school board, to act in behalf of the public schools of the state in the purchase of transportation equipment;&nbsp;</span></p> <p><span class="cls0">20. Have authority and is hereby required to perform all duties necessary to the administration of the public school system in Oklahoma as specified in the Oklahoma School Code; and, in addition thereto, those duties not specifically mentioned herein if not delegated by law to any other agency or official;&nbsp;</span></p> <p><span class="cls0">21. Administer the State Public Common School Building Equalization Fund established by Section 32 of Article X of the Oklahoma Constitution. Any monies as may be appropriated or designated by the Legislature, other than ad valorem taxes, any other funds identified by the State Department of Education, which may include, but not be limited to, grants-in-aid from the federal government for building purposes, the proceeds of all property that shall fall to the state by escheat, penalties for unlawful holding of real estate by corporations, and capital gains on assets of the permanent school funds, shall be deposited in the State Public Common School Building Equalization Fund. The fund shall be used to aid school districts and charter schools in acquiring buildings, subject to the limitations fixed by Section 32 of Article X of the Oklahoma Constitution. It is hereby declared that the term "acquiring buildings" as used in Section 32 of Article X of the Oklahoma Constitution shall mean acquiring or improving school sites, constructing, repairing, remodeling or equipping buildings, or acquiring school furniture, fixtures, or equipment. For charter schools, the fund shall only be used to acquire buildings in which students enrolled in the charter school will be attending. It is hereby declared that the term "school districts" as used in Section 32 of Article X of the Oklahoma Constitution shall mean school districts and charter schools created pursuant to the provisions of the Oklahoma Charter Schools Act. If sufficient monies are available in the fund, the Board shall solicit proposals for grants from school districts and charter schools and shall determine the process for consideration of proposals. Grants shall be awarded only to school districts which have a total assessed property valuation per average daily membership that is less than the state average total assessed property valuation per average daily membership and, at the time of application, the district has voted the five-mill building fund levy authorized in Section 10 of Article X of the Oklahoma Constitution, and has voted indebtedness through the issuance of new bonds for at least fifty percent (50%) within the last three (3) years of the maximum allowable pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution as shown on the school district budget filed with the State Board of Equalization for the current school year and certifications by the Attorney General prior to April 1 of the school year. Grants shall be awarded only to charter schools which have secured matching funds for the specific purpose of acquiring buildings in an amount of not less than ten percent (10%) of the total grant amount. The amount of each grant awarded by the Board each year shall not exceed Four Million Dollars ($4,000,000.00). From the total amount available to provide grants to public schools and charter schools, charter schools shall be allocated the greater of ten percent (10%) of the total amount or the percent of students enrolled in charter schools that are not sponsored by the Statewide Virtual Charter School Board as compared to the student enrollment in school districts which have a total assessed property valuation per average daily membership that is equal to or less than twenty-five percent (25%) of the state total assessed property valuation per average daily membership. The Board shall give priority consideration to school districts which have a total assessed property valuation per average daily membership that is equal to or less than twenty-five percent (25%) of the state average total assessed property valuation per average daily membership. The Board is authorized to prorate grants awarded if monies are not sufficient in the fund to award grants to qualified districts and charter schools. The State Board of Education shall make available to eligible charter schools any unused grant funds that remain after the initial allocation to all eligible public school districts and charter schools of this state. The State Board of Education shall prescribe rules for making grants of aid from, and for otherwise administering, the fund pursuant to the provisions of this paragraph, and may employ and fix the duties and compensation of technicians, aides, clerks, stenographers, attorneys and other personnel deemed necessary to carry out the provisions of this paragraph. The cost of administering the fund shall be paid from monies appropriated to the State Board of Education for the operation of the State Department of Education;&nbsp;</span></p> <p><span class="cls0">22. Recognize that the Director of the Oklahoma Department of Corrections shall be the administrative authority for the schools which are maintained in the state reformatories and shall appoint the principals and teachers in such schools. Provided, that rules of the State Board of Education for the classification, inspection and accreditation of public schools shall be applicable to such schools; and such schools shall comply with standards set by the State Board of Education; and&nbsp;</span></p> <p><span class="cls0">23. Have authority to administer a revolving fund which is hereby created in the State Treasury, to be designated the Statistical Services Revolving Fund. The fund shall consist of all monies received from the various school districts of the state, the United States Government, and other sources for the purpose of furnishing or financing statistical services and for any other purpose as designated by the Legislature. The State Board of Education is hereby authorized to enter into agreements with school districts, municipalities, the United States Government, foundations and other agencies or individuals for services, programs or research projects. The Statistical Services Revolving Fund shall be administered in accordance with Section 155 of Title 62 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 3-104, eff. July 2, 1971. Amended by Laws 1972, c. 241, &sect; 1, emerg. eff. April 7, 1972; Laws 1973, c. 17, &sect; 1, emerg. eff. March 27, 1973; Laws 1973, c. 46, &sect; 6, operative July 1, 1973; Laws 1974, c. 146, &sect; 1; Laws 1975, c. 344, &sect; 1; Laws 1978, c. 85, &sect; 1, eff. Jan. 8, 1979; Laws 1982, c. 369, &sect; 1, eff. Oct. 1, 1982; Laws 1984, c. 296, &sect; 42, operative July 1, 1984; Laws 1985, c. 13, &sect; 1, eff. Nov. 1, 1985; Laws 1986, c. 105, &sect; 2, emerg. eff. April 5, 1986; Laws 1991, c. 240, &sect; 1, eff. Sept. 1, 1991; Laws 1993, c. 361, &sect; 1, emerg. eff. June 11, 1993; Laws 1994, c. 2, &sect; 26, emerg. eff. March 2, 1994; Laws 1994, c. 378, &sect; 1, eff. July 1, 1994; Laws 1995, c. 1, &sect; 25, emerg. eff. March 2, 1995; Laws 1995, c. 226, &sect; 1, eff. July 1, 1995; Laws 1995, c. 322, &sect; 23, eff. July 1, 1995; Laws 1998, c. 246, &sect; 32, eff. Nov. 1, 1998; Laws 1999, c. 336, &sect; 5, eff. Nov. 1, 1999; Laws 2009, c. 448, &sect; 1, eff. Nov. 1, 2009; Laws 2010, c. 2, &sect; 73, emerg. eff. March 3, 2010; Laws 2011, c. 31, &sect; 4; Laws 2012, c. 354, &sect; 1; Laws 2013, c. 271, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 239, &sect; 21 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994. Laws 1994, c. 344, &sect; 1 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995. Laws 2009, c. 234, &sect; 155 repealed by Laws 2010, c. 2, &sect; 74, emerg. eff. March 3, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;703104.1. Convicted felons not to receive certification for instructional, supervisory or administrative position.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1979, c. 91, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;70-3-104.2. Repealed by Laws 2012, c. 354, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-104.3. Requirements for compliance with quality standards - Loss or denial of accreditation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 1, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-104.4. Standards for accreditation.&nbsp;</span></p> <p><span class="cls0">A. On or before February 1, 1991, the State Board of Education shall adopt standards for the accreditation of the public schools in this state according to the requirements of this act, to be effective as set forth in this act. The accreditation standards shall incorporate the curricular standards established pursuant to Section 11-103.6 of this title. The accreditation standards shall equal or exceed the accreditation standards for schools promulgated by the North Central Association of Colleges and Schools to the extent that the standards are consistent with an academic results oriented approach to accreditation, excluding those standards which deal with affective behavior to the extent the adoption of the standards does not conflict with state statute. The accreditation adopted by the State Board shall encompass accreditation for elementary schools, middle schools, junior high schools, and high schools. The accreditation standards shall be made available for public inspection at the offices of the State Department of Education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. High schools shall meet the accreditation standards not later than June 30, 1995; and&nbsp;</span></p> <p><span class="cls0">2. Elementary, middle and junior high schools shall meet the accreditation standards not later than June 30, 1999.&nbsp;</span></p> <p><span class="cls0">Schools shall thereafter continue to meet the accreditation standards as a condition of continued accreditation. Nothing herein shall be construed as preventing changes to the adopted standards by the State Board of Education pursuant to the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. For the fiscal years ending June 30, 2013, and June 30, 2014, accreditation shall not be withdrawn from or denied nor shall a penalty be assessed against a school or school district for failing to meet the media materials and equipment standards and media program expenditure standards as set forth in the accreditation standards adopted by the Board.&nbsp;</span></p> <p><span class="cls0">H. The State Board shall not assess a financial penalty against any school district which is given a deficiency in accreditation status during the fiscal years ending June 30, 2013, and June 30, 2014. Accreditation shall not be withdrawn from or denied, nor shall a penalty be assessed against, a school district for complying with this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 2, emerg. eff. April 25, 1990. Amended by Laws 1995, c. 188, &sect; 1, eff. July 1, 1995; Laws 2010, c. 457, &sect; 1; Laws 2012, c. 236, &sect; 1, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-104.5. Plan of Educational Development and Improvement - Submission to State Board of Education - Rules - Approval or rejection of plan.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 13, emerg. eff. April 25, 1990; Laws 1991, c. 3, &sect; 1, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-104.6. Legislative membership or in Legislative Service Bureau as valid experience for renewal of Standard Teaching Certificate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Added by Laws 1990, c. 260, &sect; 52, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-104.7. Day treatment programs - Standards for on-site educational services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education shall promulgate rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 378, &sect; 2, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-105. Repealed by Laws 1980, c. 159, &sect; 40, emerg. eff. April 2, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-106. Office - Books pertaining to office - Salary of Superintendent.&nbsp;</span></p> <p><span class="cls0">The State Superintendent of Public Instruction shall have an office at the seat of government where all books and papers pertaining to the office of the Superintendent shall be kept. The books and papers shall be kept and preserved in the office and delivered by the Superintendent of Public Instruction to a successor. The Superintendent shall file and carefully preserve in the office all official reports made to the Superintendent. The salary of the State Superintendent of Public Instruction shall be as provided for in Section 250.4 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 3-106, eff. July 2, 1971. Amended by Laws 1973, c. 137, &sect; 1, emerg. eff. May 10, 1973; Laws 1982, c. 287, &sect; 35, operative July 1, 1982; Laws 2011, c. 31, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-107. Administrative and executive duties.&nbsp;</span></p> <p><span class="cls0">The State Superintendent of Public Instruction is hereby authorized to administer oaths. Upon proper request, the State Superintendent shall advise school district superintendents and technology center school district superintendents on questions as to the powers, duties and functions of school district officials, and each two (2) years shall cause to be compiled, published and distributed to boards of education and other public officials as deemed necessary the school laws in force. The school laws shall include court decisions, Attorney General's opinions and other informative matter relating to the school laws as deemed appropriate. The State Superintendent shall have control of and direct the State Department of Education and shall perform any other duties pertaining to the public school system as shall be prescribed by law or the State Board of Education. The State Superintendent may affiliate with the National Council of Chief State School Officers and any other national and state organizations as will be of service and benefit to the public school system of Oklahoma, and dues or assessments for membership therein shall be payable from any appropriation that is available for the payment of current operative expenses of the State Department of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 3-107, eff. July 2, 1971. Amended by Laws 2011, c. 31, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-107.1. State Superintendent of Public Instruction &ndash; Powers and duties.&nbsp;</span></p> <p><span class="cls0">The State Superintendent of Public Instruction shall have the control of and direct the State Department of Education. In addition to any other powers and duties as set forth by the Oklahoma Constitution or by law, the State Superintendent shall:&nbsp;</span></p> <p><span class="cls0">1. Give advice and make recommendations to the State Board of Education on all matters pertaining to the policies and administration of the public school system;&nbsp;</span></p> <p><span class="cls0">2. Adopt policies and make rules for the organization, operation and administration of the State Department of Education;&nbsp;</span></p> <p><span class="cls0">3. Organize and have control of the administration of the State Department of Education and any other supervisory agencies, divisions, personnel and their appointment and salaries and other operations necessary to carry out the powers, duties and functions of the State Superintendent and the State Board of Education;&nbsp;</span></p> <p><span class="cls0">4. Have authority to require the coordination of all divisions of the State Department of Education and have general supervision of all employees of the Department;&nbsp;</span></p> <p><span class="cls0">5. Present all recommendations of the Department to the State Board and require employees of the Department to present specific matters directly to the State Board; and&nbsp;</span></p> <p><span class="cls0">6. Be responsible for interpretation of policy and rules set by the State Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 31, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-108. Repealed by Laws 1982, c. 287, &sect; 50, operative July 1, 1982.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-109. Curriculum Materials Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Board of Education, to be designated the "Curriculum Materials Revolving Fund". The fund shall consist of curriculum guides fees paid to the Board pursuant to law. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the administrative authority of the State Board of Education. Expenditures from said fund shall be made for the purpose of maintaining the curriculum guides process and for any other purpose as designated by the Legislature. Warrants for expenditure shall be drawn by the State Treasurer on claims by an authorized employee of the State Board of Education and approved by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 287, &sect; 40, operative July 1, 1982. Amended by Laws 1993, c. 361, &sect; 2, eff. July 1, 1993; Laws 2012, c. 304, &sect; 588.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-110. Adult Education Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 204, &sect; 127, operative July 1, 1987. Amended by Laws 2012, c. 304, &sect; 589.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-110.1. Allocation of funds for adult education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 305, &sect; 3, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-111. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-112. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-113. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-114. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-115. School facility improvement program - Allocations from appropriations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 320, &sect; 67.&nbsp;</span></p> <p><span class="cls0"> Subsections A and B were vetoed by the Governor.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-116. Repealed by Laws 2012, c. 223, &sect; 16, eff. July 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-116.1. Educational Accountability Reform Act - Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Educational Accountability Reform Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 456, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-116.2. Commission for Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">A. Effective January 1, 2013, there is hereby created the Commission for Educational Quality and Accountability. The membership of the Commission shall consist of:&nbsp;</span></p> <p><span class="cls0">1. The Secretary of Education, who shall serve as the chair of the Commission;&nbsp;</span></p> <p><span class="cls0">2. One member appointed by the Governor, with the advice and consent of the Senate, representing business and industry from an Oklahoma employer with five hundred (500) or fewer employees;&nbsp;</span></p> <p><span class="cls0">3. One member, appointed by the Governor, with the advice and consent of the Senate, who is a parent of a child enrolled in a public school in this state;4. One member, appointed by the Governor, with the advice and consent of the Senate, who is an administrator of a public school district;&nbsp;</span></p> <p><span class="cls0">5. One member, appointed by the Governor, with the advice and consent of the Senate, who shall represent higher education teacher education programs;&nbsp;</span></p> <p><span class="cls0">6. One member appointed by the Governor, with the advice and consent of the Senate, who shall be an active classroom teacher in kindergarten through grade six; and&nbsp;</span></p> <p><span class="cls0">7. One member appointed by the Governor, with the advice and consent of the Senate, who shall be an active classroom teacher in grades seven through twelve.&nbsp;</span></p> <p><span class="cls0">The terms of the initial appointed members shall commence on January 1, 2013, and shall end on June 30, 2014. The terms of subsequently appointed members shall commence on July 1 of each year following the election of the Governor thereafter and shall be for four (4) years. If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.B. A quorum of the Commission, which shall consist of four members, shall be present in order for the Commission to transact any business. Members shall be reimbursed for travel in the performance of their official duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">C. Prior to July 1, 2013, the Commission shall meet to organize and plan for the assumption of the powers and duties of the Education Oversight Board and the Oklahoma Commission for Teacher Preparation.&nbsp;</span></p> <p><span class="cls0">D. Beginning July 1, 2013, the Commission shall assume the following duties:&nbsp;</span></p> <p><span class="cls0">1. Oversee implementation of the provisions of Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature;&nbsp;</span></p> <p><span class="cls0">2. Implementation of the provisions of the Oklahoma Teacher Preparation Act as provided for in law;&nbsp;</span></p> <p><span class="cls0">3. Make recommendations to the Governor and Legislature on methods to achieve an aligned, seamless system from preschool through postsecondary education; and&nbsp;</span></p> <p><span class="cls0">4. Set performance levels and corresponding cut scores pursuant to the Oklahoma School Testing Program Act and as provided for in Section 1210.541 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">E. Beginning July 1, 2013, the Commission shall govern the operation of the Office of Educational Quality and Accountability created in Section 3-117 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">F. 1. Beginning July 1, 2014, the Commission shall assume the following duties of the Oklahoma Commission for Teacher Preparation according to the provisions of the Oklahoma Teacher Preparation Act:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;approval and accreditation of teacher education programs, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;assessment of candidates for licensure and certification.&nbsp;</span></p> <p><span class="cls0">2. To implement the provisions of this subsection the Commission shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;include the State Board of Education in the process,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;review and assess approved, accredited and new programs of teacher education, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;encourage studies and research designed to improve teacher education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 223, &sect; 1, eff. Jan. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-116.3. Technical corrections - References in statutes.&nbsp;</span></p> <p><span class="cls0">A. As of July 1, 2013, all references to the Education Oversight Board shall mean the Commission for Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">B. As of July 1, 2013, all references to the Office of Accountability shall mean the Office of Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">C. As of July 1, 2014, all references to the Oklahoma Commission for Teacher Preparation shall mean the Commission for Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 223, &sect; 2, eff. Jan. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-116.4. Transfer of authority.&nbsp;</span></p> <p><span class="cls0">A. On July 1, 2014, the Oklahoma Commission for Teacher Preparation shall be placed under the authority of the Commission for Educational Quality and Accountability. Except as otherwise provided for in this section, the transfer shall include all real property, buildings, furniture, equipment, supplies, records, personnel, assets, current and future liabilities, fund balances, encumbrances, obligations, and indebtedness associated with the Oklahoma Commission for Teacher Preparation.&nbsp;</span></p> <p><span class="cls0">B. All employees of the Oklahoma Commission for Teacher Preparation on July 1, 2014, including related liabilities for sick leave, annual leave, holidays, unemployment benefits, and workers&rsquo; compensation benefits accruing prior to July 1, 2014, to such personnel shall be transferred to the Commission for Educational Quality and Accountability as of July 1, 2014. It is the intent of the Legislature that, to the extent possible, the Commission ensure that the employees retain pay and benefits, as much as possible, including longevity, dependent insurance benefits, seniority, rights, and other privileges or benefits.&nbsp;</span></p> <p><span class="cls0">C. Appropriate conveyances and other documents shall be executed by January 1, 2015, to effectuate the transfer of property owned by the Oklahoma Commission for Teacher Preparation to the Commission for Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">D. Any monies donated or accruing to or in the name of the Oklahoma Commission for Teacher Preparation after July 1, 2014, shall be transferred to the Commission for Educational Quality and Accountability. Any other monies from appropriations, fees, licenses, fines, penalties, or other similar types of monies that accrue in any funds or accounts after July 1, 2014, in the name of the Oklahoma Commission for Teacher Preparation or maintained for the benefit of the Oklahoma Commission for Teacher Preparation are transferred to the Commission.&nbsp;</span></p> <p><span class="cls0">E. The Commission for Educational Quality and Accountability shall succeed to any contractual rights and responsibilities incurred by the Oklahoma Commission for Teacher Preparation.&nbsp;</span></p> <p><span class="cls0">F. The rules of the Oklahoma Commission for Teacher Preparation that are in effect on July 1, 2014, shall be enforceable by the Commission for Educational Quality and Accountability until the Commission establishes rules.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 223, &sect; 3, eff. Jan. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-117. Office of Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">There is hereby created the Office of Educational Quality and Accountability. The Office of Educational Quality and Accountability, its personnel, budget, and expenditure of funds shall be solely under the direction of the Commission for Educational Quality and Accountability. The Commission shall demonstrate a savings of fifteen percent (15%) by merging the former Office of Accountability into the Office of Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 42, emerg. eff. April 25, 1990. Amended by Laws 1997, c. 191, &sect; 2, eff. July 1, 1997; Laws 2003, c. 434, &sect; 30; Laws 2012, c. 223, &sect; 5, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 304, &sect; 590 repealed by Laws 2013, c. 15, &sect; 95, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-118. Secretary of Education - Powers, duties and responsibilities.&nbsp;</span></p> <p><span class="cls0">The Secretary of Education shall:&nbsp;</span></p> <p><span class="cls0">1. Oversee the Office of Educational Quality and Accountability;&nbsp;</span></p> <p><span class="cls0">2. Employ necessary personnel according to procedures established for the employment of personnel by the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">3. Monitor the efforts of the public school districts to comply with the provisions of this act and of Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma Legislature which relate to common education;&nbsp;</span></p> <p><span class="cls0">4. Identify districts not making satisfactory progress toward compliance with the provisions and recommend appropriate corrective actions to the State Board of Education concerning each district so identified;&nbsp;</span></p> <p><span class="cls0">5. Have executive responsibility for the Oklahoma Educational Indicators Program and the annual report required pursuant to Section 1210.531 of this title;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Make reports to the public concerning these matters whenever appropriate; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 43, emerg. eff. April 25, 1990. Amended by Laws 1997, c. 191, &sect; 3, eff. July 1, 1997; Laws 2012, c. 223, &sect; 6, eff. July 1, 2013; Laws 2012, c. 304, &sect; 591.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-118.1. Budget and operations performance reviews.&nbsp;</span></p> <p><span class="cls0">A. The Office of Educational Quality and Accountability is hereby authorized to conduct a performance review program to determine the effectiveness and efficiency of the budget and operations of school districts that have:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. A district academic performance data score, calculated pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized, that is below the state average academic performance data;&nbsp;</span></p> <p><span class="cls0">3. Had a request for a performance review submitted by the Governor or the State Superintendent of Public Instruction;&nbsp;</span></p> <p><span class="cls0">4. A district student eligibility rate for free or reduced-price meals under the National School Lunch Act that is above the state average; or&nbsp;</span></p> <p><span class="cls0">5. Submitted a request for a performance review subsequent to a majority vote of the district's board of education.&nbsp;</span></p> <p><span class="cls0">B. Funds appropriated by the Legislature to the Office of Educational Quality and Accountability may be expended to fulfill the provisions of this section. The Office of Educational Quality and Accountability may contract with an outside entity or hire personnel to assist in the development and design of the program. The Office of Educational Quality and Accountability may contract with outside entities to assist in conducting performance review programs. Such entities shall be chosen through a competitive bid process. Invitations to bid for the performance reviews shall be open to any public or private entity. Contracts for performance reviews shall not be done on a sole source basis.&nbsp;</span></p> <p><span class="cls0">C. 1. If a performance review is conducted as authorized pursuant to paragraphs 1 through 4 of subsection A of this section, the entire cost of the review shall be borne by the Office of Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">2. If a school district requests a performance review, as authorized pursuant to paragraph 5 of subsection A of this section, twenty-five percent (25%) of the entire cost of the review shall be borne by the school district and seventy-five percent (75%) of the cost of the review shall be borne by the Office of Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">3. Districts shall be selected for review by the Commission for Educational Quality and Accountability contingent upon the availability of funding.&nbsp;</span></p> <p><span class="cls0">D. The Office of Educational Quality and Accountability shall engage in follow-up, outreach and technical assistance to help school districts and others understand, interpret, and apply the recommendations and best practices resulting from performance reviews conducted pursuant to this section.&nbsp;</span></p> <p><span class="cls0">E. After a performance review of a school district is completed by the Office of Educational Quality and Accountability, the school district may implement all or part of the recommendations contained in the review.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 419, &sect; 1, eff. July 1, 2001. Amended by Laws 2002, c. 446, &sect; 1, emerg. eff. June 5, 2002; Laws 2005, c. 432, &sect; 14, eff. July 1, 2005; Laws 2009, c. 161, &sect; 1, eff. July 1, 2009; Laws 2012, c. 223, &sect; 7, eff. July 1, 2013; Laws 2013, c. 83, &sect; 2, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-119. Allocation of funds for school lunch programs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 305, &sect; 4, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-120. Board approval of programs using state funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 305, &sect; 5, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-121. Apportionment of certain administrative and support function funds.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The cost involved in administering, scoring, reporting and other incidental duties necessary to accomplish the provisions of the Oklahoma School Testing Program Act;&nbsp;</span></p> <p><span class="cls0">2. Preschool deaf education programs operated by the State Department of Education; and&nbsp;</span></p> <p><span class="cls0">3. Conducting training workshops for administrative personnel pursuant to the provisions of Section 6-101.10 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 305, &sect; 6, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-122. Funding for education of children with visual impairments.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The network of services to be provided shall include:&nbsp;</span></p> <p><span class="cls0">1. Assessment of visual function;&nbsp;</span></p> <p><span class="cls0">2. Consultation regarding assessment of academic performance;&nbsp;</span></p> <p><span class="cls0">3. Consultation regarding assessment of ophthalmological performance;&nbsp;</span></p> <p><span class="cls0">4. Consultation regarding assessment of psychological performance;&nbsp;</span></p> <p><span class="cls0">5. Consultation regarding assessment of vocational performance;&nbsp;</span></p> <p><span class="cls0">6. Assistance in the development of individualized education plans for children with visual impairments; and&nbsp;</span></p> <p><span class="cls0">7. Provisions of or consultation regarding the acquisition of special equipment for children with visual impairment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 305, &sect; 7, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-123. Allocation of funds for Oklahoma Education 2000 Challenge.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 305, &sect; 8, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-123.1. Review of legislative provisions for duplication or conflict in mandates.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 434, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-124. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Educational Deregulation Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 307, &sect; 1, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-125. Purpose of act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 307, &sect; 2, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-126. Educational improvement plans - Components - Exemptions from statutory requirements and State Board of Education rules.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Each educational improvement plan approved by the State Board of Education shall include the following components:&nbsp;</span></p> <p><span class="cls0">1. A description of the educational benefits to be derived;&nbsp;</span></p> <p><span class="cls0">2. A definition of the standards of the plan;&nbsp;</span></p> <p><span class="cls0">3. Development of definitive work products, such as site improvement plans and progress reports;&nbsp;</span></p> <p><span class="cls0">4. Demonstration of collaboration by teachers, administrators, higher education representatives, students, parents/families, and the community;&nbsp;</span></p> <p><span class="cls0">5. Development and the use of an assessment mechanism to determine progress in meeting the goals and objectives of the plan;&nbsp;</span></p> <p><span class="cls0">6. Development of an in-service training plan to be provided to personnel at the site who will participate in the project;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">8. Explanation of how the plan will affect other schools, programs or sites in the district.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 307, &sect; 3, eff. July 1, 1995. Amended by Laws 1996, c. 343, &sect; 1, eff. July 1, 1996; Laws 1999, c. 311, &sect; 1, emerg. eff. June 4, 1999; Laws 2001, c. 24, &sect; 1, emerg. eff. April 3, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-127. Approval by State Board of Education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Each educational improvement plan shall be approved by the State Board of Education before implementation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 307, &sect; 4, eff. July 1, 1995. Amended by Laws 1996, c. 343, &sect; 2, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-128. Rules.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall promulgate rules to implement the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 307, &sect; 6, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-129.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Empowered Schools and School Districts Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Empowered Schools and School Districts Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Empowered school&rdquo; means a school in which a school district board of education implements an empowerment plan pursuant to Section 3 of this act;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Empowered school zone&rdquo; means a group of schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a school district board of education implements an empowerment plan pursuant to Section 3 of this act;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Empowered district&rdquo; means a school district in which all schools of a school district are included in an empowerment plan implemented by the school district board of education pursuant to Section 3 of this act; and&nbsp;</span></p> <p><span class="cls0">4. &ldquo;State Board&rdquo; means the State Board of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.3. Public school, zone, or district empowerment plan.&nbsp;</span></p> <p><span class="cls0">A. 1. A public school, zone, or district may submit to its school district board of education an empowerment plan as described in subsection C of this section.&nbsp;</span></p> <p><span class="cls0">2. A school district board of education shall receive and review each empowerment plan submitted pursuant to paragraph 1 of this subsection. The school district board of education shall either approve or disapprove the empowerment plan within sixty (60) days after receiving the plan.&nbsp;</span></p> <p><span class="cls0">3. If the school district board of education rejects the plan, it shall provide to the public school, zone, or district that submitted the plan a written explanation of the basis for its decision. A public school, zone, or district may resubmit an amended empowerment plan at any time after denial.&nbsp;</span></p> <p><span class="cls0">4. If the school district board of education approves the plan, it shall proceed to seek approval of the school, zone, or district as an empowered school, zone, or district pursuant to Section 6 of this act.&nbsp;</span></p> <p><span class="cls0">B. A school district board of education may initiate and collaborate with one or more public schools of the school district to create one or more empowerment plans, as described in subsection C of this section. In creating an empowerment plan the school district board of education shall ensure that each public school that would be affected by the plan has the opportunity to participate in the creation of the plan.&nbsp;</span></p> <p><span class="cls0">C. Each empowerment plan shall include the following information:&nbsp;</span></p> <p><span class="cls0">1. A statement of the mission of the school, zone, or district and why designation as an empowered school, zone, or district would enhance the ability of the school, zone, or district to achieve its mission;&nbsp;</span></p> <p><span class="cls0">2. A description of the innovations the school, zone, or district would implement, which may include, but not be limited to, innovations in school staffing, curriculum and assessment, class scheduling, use of financial and other resources, and faculty recruitment, employment, evaluation, and compensation;&nbsp;</span></p> <p><span class="cls0">3. A listing of the programs, policies, or operational documents within the school, zone, or district that would be affected by the innovations identified by the school, zone, or district and the manner in which they would be affected. The programs, policies, or operational documents may include, but not be limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the research-based educational program to be implemented,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the length of school day and school year,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the student promotion and graduation policies to be implemented,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the assessment plan,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the proposed budget, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the proposed staffing plan;&nbsp;</span></p> <p><span class="cls0">4. A description of any statutory, regulatory, or district policy requirements that would need to be waived for the school, zone, or district to implement the identified innovations;&nbsp;</span></p> <p><span class="cls0">5. A description of any provision of the collective bargaining agreement in effect for the personnel at the school, zone, or district that would need to be waived for the school, zone, or district to implement its identified innovation;&nbsp;</span></p> <p><span class="cls0">6. An identification of the improvements in academic performance that the school, zone, or district expects to achieve in implementing the innovations;&nbsp;</span></p> <p><span class="cls0">7. An estimate of the cost savings and increased efficiencies, if any, the school, zone, or district expects to achieve in implementing the identified innovations;&nbsp;</span></p> <p><span class="cls0">8. Evidence that both a majority of the administrators and a majority of the teachers employed at the school, zone, or district approve the empowerment plan and consent to the designation as an empowered school, zone, or district. The determination of approval and consent of the plan shall be obtained by means of a secret ballot vote;&nbsp;</span></p> <p><span class="cls0">9. A statement of the level of support for designation as an empowered school, zone, or district demonstrated by the other persons employed at the school, zone, or district, the students and parents of students enrolled in the school, zone, or district, and the community surrounding the school, zone, or district; and&nbsp;</span></p> <p><span class="cls0">10. Any additional information required by the school district board of education of the school district in which the empowerment plan would be implemented.&nbsp;</span></p> <p><span class="cls0">D. Each plan for creating an empowered school zone or district whether submitted by a group of public schools or created by a school district board of education through collaboration with a group of public schools, shall also include the following additional information:&nbsp;</span></p> <p><span class="cls0">1. A description of how innovations in the schools in the empowered school zone or district would be integrated to achieve results that would be less likely to be accomplished by each school working alone; and&nbsp;</span></p> <p><span class="cls0">2. An estimate of any economies of scale that would be achieved by innovations implemented jointly by the schools within the empowered school zone or district.&nbsp;</span></p> <p><span class="cls0">E. No employee of a school, zone, or district shall be discriminated against by the school district board of education, the superintendent of the school district, or any other administrative officer of the school district or by any employee organization, an officer of the organization, or a member of the organization for exercising or not exercising the rights provided for under the Empowered Schools and School Districts Act. An employee of a school district or an officer or member of an employee organization shall be prohibited from impeding, restraining or coercing an employee of a school, zone or district from exercising the rights provided for under the act or causing an employer to impede, restrain or coerce an employee from exercising the rights provided for under the act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.4. Empowerment plan considerations.&nbsp;</span></p> <p><span class="cls0">In considering or creating an empowerment plan each school district board of education is encouraged to consider innovations in the following areas:&nbsp;</span></p> <p><span class="cls0">1. Curriculum and academic standards and assessments;&nbsp;</span></p> <p><span class="cls0">2. Accountability measures, including, but not limited to, expanding the use of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted may include, but not be limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;use of graduation or exit examinations,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;use of end-of-course examinations,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;use of formative assessments which measure student growth over time,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;use of the Explore and Plan assessments,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;measuring the percentage of students continuing into higher education, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;measuring the percentage of students simultaneously obtaining a high school diploma and an associate&rsquo;s degree or a career and technical education certificate;&nbsp;</span></p> <p><span class="cls0">3. Provision of services, including, but not limited to, special education services, services for gifted and talented students, services for limited English proficient students, educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the Department of Human Services or county social services agencies;&nbsp;</span></p> <p><span class="cls0">4. Teacher recruitment, training, preparation, and professional development;&nbsp;</span></p> <p><span class="cls0">5. Teacher employment;&nbsp;</span></p> <p><span class="cls0">6. Performance expectations and evaluation procedures for teachers and principals;&nbsp;</span></p> <p><span class="cls0">7. Compensation for teachers, principals, and other school building personnel, including, but not limited to, performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;&nbsp;</span></p> <p><span class="cls0">8. School governance and the roles, responsibilities, and expectations of principals in empowered schools or schools within an empowered school zone; and&nbsp;</span></p> <p><span class="cls0">9. Preparation and counseling of students for transition to postsecondary education or the workforce.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.5. Acceptance of gifts, grants, and donations.&nbsp;</span></p> <p><span class="cls0">Each public school and each school district board of education may seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing empowerment plans.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.6. Submitting approved empowerment plan to the State Board of Education.&nbsp;</span></p> <p><span class="cls0">A. Each school district board of education shall submit approved school, zone, or district empowerment plans to the State Board of Education.&nbsp;</span></p> <p><span class="cls0">B. 1. Within sixty (60) days after receiving an empowerment plan for a school, zone, or district, the State Board shall approve the empowerment plan unless the State Board concludes that the submitted plan:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is likely to result in a decrease in academic achievement in the empowered school, zone, or district, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is not fiscally feasible.&nbsp;</span></p> <p><span class="cls0">2. If the State Board does not approve the empowerment plan, it shall provide to the school district board of education a written explanation of the basis for its decision. The school district board of education may resubmit an amended empowerment plan and seek approval of the empowerment plan at any time after denial.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.7. Waiving statutes or rules.&nbsp;</span></p> <p><span class="cls0">A. Upon approval of an empowerment plan for a school, zone, or district, the State Board of Education shall waive any statutes or rules specified in the approved empowerment plan as they pertain to the empowered school, zone, or district; except that the State Board shall not waive requirements for the following:&nbsp;</span></p> <p><span class="cls0">1. School district employee participation in the Teachers&rsquo; Retirement System of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. The Oklahoma School Testing Program Act;&nbsp;</span></p> <p><span class="cls0">3. The requirement for students enrolled in the school district to demonstrate mastery of the state academic content standards as set forth in Section 1210.523 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. The accountability system as set forth in Section 1210.541 of Title 70 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">5. The federal &ldquo;No Child Left Behind Act of 2001&rdquo;, 20 U.S.C., Section 6301 et seq.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided in this subsection, the State Board of Education shall not waive any statute or rules specified in the approved empowerment plan for an empowered school, zone or district if the statute or rule relates to the implementation of or requirements for any program or grant for which the school district is receiving funds appropriated for the support of public school activities. The State Board of Education may waive any statute or rule that relates to the implementation of or requirements for any program or grant only if the funding for the program or grant is no longer allocated to the school district.&nbsp;</span></p> <p><span class="cls0">C. Designation as an empowered school, zone, or district shall not affect the allocation of State Aid funding for the school district as calculated pursuant to Section 18-200.1 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. 1. If the school district board of education for an empowered school, zone, or district revises an empowerment plan as provided in Section 9 of this act, the school district board of education may request, and the State Board shall grant, additional waivers or changes to existing waivers as necessary to accommodate the revisions to the empowerment plan unless the State Board concludes that the waivers or changes to existing waivers would:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;be likely to result in a decrease in academic achievement in the empowered school, zone, or district, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;not be fiscally feasible.&nbsp;</span></p> <p><span class="cls0">In requesting a new waiver or a change to an existing waiver, the school district board of education shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at each school that is affected by the new or changed waiver.&nbsp;</span></p> <p><span class="cls0">2. Except as otherwise provided in paragraph 1 of this subsection, a waiver that is granted pursuant to this section shall continue to apply to a school, zone, or district as long as the school, zone, or district continues to be designated as an empowered school, zone, or district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.8. Waiver of provisions in collective bargaining agreement.&nbsp;</span></p> <p><span class="cls0">A. 1. On and after the date on which the State Board of Education approves a school, zone, or district as an empowered school, zone, or district, any collective bargaining agreement of the empowered school, zone, or district shall include a provision that allows each empowered school, zone, or district to waive any provisions of the collective bargaining agreement identified in the empowerment plan as needing to be waived for the empowered school, zone, or district to implement its identified innovations.&nbsp;</span></p> <p><span class="cls0">2. For an empowered school, waiver of one or more of the provisions of the collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent (60%) of the members of the collective bargaining unit who are employed at the empowered school.&nbsp;</span></p> <p><span class="cls0">3. For an empowered school zone or district, waiver of one or more of the provisions of the collective bargaining agreement shall be based on obtaining, at each school included in the empowered school zone or district, the approval, by means of a secret ballot vote, of at least sixty percent (60%) of the members of the collective bargaining unit who are employed in the zone or district. The school district board of education for the empowered zone or district may choose to revise the plan for creating an empowered zone or district to remove from the zone or district any school in which at least sixty percent (60%) of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.&nbsp;</span></p> <p><span class="cls0">4. If a school district board of education, in collaboration with the empowered school, zone, or district, revises the empowerment plan, as provided in Section 9 of this act, and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the empowerment plan, the school district board of education shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised empowerment plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs 2 and 3 of this subsection for the initial approval of waivers of provisions of the collective bargaining agreement.&nbsp;</span></p> <p><span class="cls0">5. Except as otherwise provided in paragraph 4 of this subsection, waiver of identified provisions of a collective bargaining agreement for an empowered school, zone, or district pursuant to this subsection shall continue as long as the school, zone, or district remains an empowered school, zone, or district. A waiver approved pursuant to this subsection shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the empowered school, zone, or district.&nbsp;</span></p> <p><span class="cls0">B. A person who is a member of the collective bargaining unit and is employed at an empowered school or zone may request a transfer to another public school in the district. The school district board of education shall make every reasonable effort to accommodate the request of the person.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 8.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.9. Performance review.&nbsp;</span></p> <p><span class="cls0">A. Three (3) years after the State Board of Education approves an empowerment plan for a school, zone, or district, and every three (3) years thereafter, the school district board of education shall review the level of performance of the empowered school, zone, or district and determine whether the empowered school, zone, or district is achieving or making adequate progress toward achieving the academic performance results identified in the empowerment plan of the school, zone, or district. The school district board of education, in collaboration with the empowered school, zone, or district, may revise the empowerment plan as necessary to improve or continue to improve academic performance at the empowered school, zone, or district. Any revisions to the empowerment plan shall require the consent of a majority of the teachers and a majority of the administrators employed at each affected public school.&nbsp;</span></p> <p><span class="cls0">B. 1. Following review of an empowered school&rsquo;s performance, if a school district board of education finds that the academic performance of students enrolled in the empowered school is not improving at a sufficient rate, the district school board may revoke the empowered status of the school.&nbsp;</span></p> <p><span class="cls0">2. Following review of the performance of an empowered school zone or district, if a school district board of education finds that the academic performance of students enrolled in one or more of the public schools included in the empowered school zone or district is not improving at a sufficient rate, the school district board of education may remove the underperforming public school or schools from the empowered school zone or district or may revoke the designation of the empowered school zone or district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 9.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.10. Annual report.&nbsp;</span></p> <p><span class="cls0">A. By March 1, 2011, and each year thereafter, the State Board of Education shall submit to the Governor, the President Pro Tempore of the State Senate, the Speaker of the House of Representatives, and to the members of the education committees of the Senate and the House of Representatives, or any successor committees, a report concerning the empowered districts. At a minimum, the report shall include:&nbsp;</span></p> <p><span class="cls0">1. The number of school districts designated as empowered districts in the preceding academic year and the total number of empowered districts in the state;&nbsp;</span></p> <p><span class="cls0">2. The number of empowered schools and the number of empowered school zones, including the number of schools in the zone, in each empowered district and the number of students served in the empowered schools and empowered school zones, expressed as a total number and as a percentage of the students enrolled in the empowered district;&nbsp;</span></p> <p><span class="cls0">3. An overview of the innovations implemented in each empowered school, zone, and district;&nbsp;</span></p> <p><span class="cls0">4. An overview of the academic performance of the students served in empowered schools, zones, and districts, including a comparison between the academic performance of the students before and since implementation of the innovations;&nbsp;</span></p> <p><span class="cls0">5. Any recommendations for legislative changes based on the innovations implemented or to further enhance the ability of school district boards of education to implement innovations; and&nbsp;</span></p> <p><span class="cls0">6. Any additional information requested by the Governor or a member of the Legislature.&nbsp;</span></p> <p><span class="cls0">B. The State Superintendent of Public Instruction shall ensure that the annual report submitted pursuant to this section is promptly posted on the State Department of Education website.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 353, &sect; 10.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-129.11. School District Empowerment Program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the School District Empowerment Program which shall be administered by the State Board of Education. The purpose of the program is to empower locally elected school board members to govern school districts and make decisions based on the needs of their students and circumstances.&nbsp;</span></p> <p><span class="cls0">B. 1. Subject to the provisions of this section, a school district shall be allowed to submit a request to the State Board of Education for an exemption from all statutory requirements and State Board of Education rules from which charter schools are exempt, as provided for in the Oklahoma Charter Schools Act. Any request for exemption shall include a plan which outlines the goals sought to be achieved at a minimum, include the educational and fiscal benefits and the anticipated impacts or outcomes the plan will have in the district.&nbsp;</span></p> <p><span class="cls0">2. Within ninety (90) days after receiving the request and plan, the State Board shall approve or disapprove the request. If the State Board does not approve the request, it shall provide to the school district a written explanation of the basis for its decision. The school district may resubmit an amended request at any time after the denial. The request shall be approved by the State Board before implementation by the school district. An approved request and plan shall be for no longer than three (3) years. Prior to the beginning of the third year, the school district may apply for renewal of the approved request and plan. The school district shall be required to submit an annual report and the State Board shall annually assess the academic achievement and fiscal status of the school district.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this section shall prevent a school district board of education from choosing to follow any or all state laws, rules or regulations from which a charter school is exempt. A school district which has been granted approval by the State Board for exemption as set forth in subsection B of this section shall have the option to adopt policies to implement any requirement for the school district that is consistent with any statutory requirement or mandate or State Board rule, but a participating school shall comply with the following requirements:&nbsp;</span></p> <p><span class="cls0">1. Students who reside in the school district shall be entitled to attend school in the district as set forth in Section 1-114 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. School districts shall comply with the requirements of the minimum salary schedule for teachers as set forth in Section 18-114.12 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. Employees of school districts shall continue to participate as members of the Teachers' Retirement System of Oklahoma as set forth in Section 17-101 et seq. of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. School districts shall comply with the requirement to provide a health insurance plan for school district employees as set forth in Section 5-117.5 of Title 70 of the Oklahoma Statutes and to establish or make available to school district employees a cafeteria plan as set forth in Section 26-104 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">5. School districts shall require any person employed by the school district to file with the district board a current Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Each district shall adopt a policy regarding criminal history record checks as set forth in Section 5-142 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">6. School districts shall comply with the requirement to evaluate teachers and to train personnel designated to conduct personnel evaluations as set forth in Sections 6-101.10 and 6-101.11 of Title 70 of the Oklahoma Statutes, the dismissal and due process procedures for administrators as set forth in Sections 6-101.13 through 6-101.15 of Title 70 of the Oklahoma Statutes and the due process procedures for teachers as set forth in Sections 6-101.21 through 6-101.26 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">7. School districts shall comply with the requirement to make payroll deductions for either or both professional organization dues and political contributions upon the request of an employee as set forth in Section 5-139 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">8. School districts shall comply with the dismissal and due process procedures for education support employees as set forth in Sections 6-101.40 through 6-101.47 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">9. School districts shall employ as teachers, counselors, librarians, school nurses, superintendents, principals, supervisors or any other instructional, supervisory or administrative employee only those persons who are certified or licensed by the State Board of Education in accordance with the Oklahoma Teacher Preparation Act, except for persons exempt from the certification or licensure requirements as otherwise provided by law;&nbsp;</span></p> <p><span class="cls0">10. School districts shall provide for negotiations between school employees and school districts as set forth in Sections 509.1 through 509.11 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">11. School districts shall be required to offer and students enrolled in the school district shall be required to complete the curriculum requirements as set forth in Section 11-103.6 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">12. Students enrolled in the school district shall be required to demonstrate mastery of the state academic content standards as set forth in Section 1210.523 of Title 70 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">13. Members of the school district board of education shall be required to satisfy the instruction and continuing education requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 312, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-130. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 6 through 18 of this act shall be known and may be cited as the &ldquo;Oklahoma Charter Schools Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 5, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-131. Purpose.&nbsp;</span></p> <p><span class="cls0">A. The purpose of the Oklahoma Charter Schools Act is to:&nbsp;</span></p> <p><span class="cls0">1. Improve student learning;&nbsp;</span></p> <p><span class="cls0">2. Increase learning opportunities for students;&nbsp;</span></p> <p><span class="cls0">3. Encourage the use of different and innovative teaching methods;&nbsp;</span></p> <p><span class="cls0">4. Provide additional academic choices for parents and students;&nbsp;</span></p> <p><span class="cls0">5. Require the measurement of student learning and create different and innovative forms of measuring student learning;&nbsp;</span></p> <p><span class="cls0">6. Establish new forms of accountability for schools; and&nbsp;</span></p> <p><span class="cls0">7. Create new professional opportunities for teachers and administrators including the opportunity to be responsible for the learning program at the school site.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;high challenge school&rdquo; from becoming a charter school.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 6, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-132. Application of act - Charter schools &ndash; Sponsorship - Pilot program &ndash; Limitation on establishment of new schools.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. By a 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;&nbsp;</span></p> <p><span class="cls0">2. By a school district which has a school site that has been identified as in need of improvement by the State Board of Education pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized;&nbsp;</span></p> <p><span class="cls0">3. By a technology center school district if the charter school is located in a school district served by the technology center school district and the school district has 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;&nbsp;</span></p> <p><span class="cls0">4. By a technology center school district if the charter school is located in a school district served by the technology center school district and the school district has a school site that has been identified as in need of improvement by the State Board of Education pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized;&nbsp;</span></p> <p><span class="cls0">5. By a comprehensive or regional institution that is a member of The Oklahoma State System of Higher Education if the charter school is located in a school district that has 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. In addition, the institution shall have a teacher education program accredited by the Oklahoma Commission for Teacher Preparation and have a branch campus or constituent agency physically located within the school district in which the charter school is located;&nbsp;</span></p> <p><span class="cls0">6. By a comprehensive or regional institution that is a member of The Oklahoma State System of Higher Education if the charter school is located in a school district that has a school site that has been identified as in need of improvement by the State Board of Education pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized. In addition, the institution shall have a teacher education program accredited by the Oklahoma Commission for Teacher Preparation and have a branch campus or constituent agency physically located within the school district in which the charter school is located;&nbsp;</span></p> <p><span class="cls0">7. By a federally recognized Indian tribe, operating a high school under the authority of the Bureau of Indian Affairs as of November 1, 2010, if the charter school is for the purpose of demonstrating native language immersion instruction, and is located within its former reservation or treaty area boundaries. For purposes of this paragraph, native language immersion instruction shall require that educational instruction and other activities conducted at the school site are primarily conducted in the native language; or&nbsp;</span></p> <p><span class="cls0">8. By the State Board of Education when the applicant of the charter school is the Office of Juvenile Affairs or the applicant has a contract with the Office of Juvenile Affairs to provide a fixed rate level E, D, or D+ group home service and the charter school is for the purpose of providing education services to youth in the custody or supervision of the state. Not more than two charter schools shall be sponsored by the Board as provided for in this paragraph during the period of time beginning July 1, 2010, through July 1, 2016.&nbsp;</span></p> <p><span class="cls0">B. For purposes of the Oklahoma Charter Schools Act, &ldquo;charter school&rdquo; means a public school established by contract with a board of education of a school district, an area vocational-technical school district, a higher education institution, a federally recognized Indian tribe, or the State Board of Education pursuant to the Oklahoma Charter Schools Act to provide learning that will improve student achievement and as defined in the Elementary and Secondary Education Act of 1965, 20 U.S.C. 8065.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 7, eff. July 1, 1999. Amended by Laws 2000, c. 232, &sect; 5, eff. July 1, 2000; Laws 2001, c. 33, &sect; 67, eff. July 1, 2001; Laws 2007, c. 257, &sect; 1; Laws 2010, c. 290, &sect; 1, eff. Nov. 1, 2010; Laws 2011, c. 1, &sect; 34, emerg. eff. March 18, 2011; Laws 2011, c. 367, &sect; 1; Laws 2012, c. 367, &sect; 1, eff. July 1, 2012; Laws 2013, c. 83, &sect; 3, eff. July 1, 2013; Laws 2013, c. 212, &sect; 1, eff. Sept. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2010, c. 288, &sect; 1 repealed by Laws 2011, c. 1, &sect; 35, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-133. Repealed by Laws 2007, c. 257, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-134. Applications &ndash; Presubmission training &ndash; Contents - Procedures.&nbsp;</span></p> <p><span class="cls0">A. For written applications filed after January 1, 2008, prior to submission of the application to a proposed sponsor seeking to establish a charter school, the applicant shall be required to complete training which shall not exceed ten (10) hours provided by the State Department of Education on the process and requirements for establishing a charter school. The Department shall develop and implement the training by January 1, 2008. The Department may provide the training in any format and manner that the Department determines to be efficient and effective including, but not limited to, web-based training.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided for in Section 3-137 of this title, an applicant seeking to establish a charter school shall submit a written application to the proposed sponsor as prescribed in subsection E of this section. The application shall include:&nbsp;</span></p> <p><span class="cls0">1. A mission statement for the charter school;&nbsp;</span></p> <p><span class="cls0">2. A description of the organizational structure and the governing body of the charter school;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. A description of the hiring policy of the charter school;&nbsp;</span></p> <p><span class="cls0">5. The name of the applicant or applicants and requested sponsor;&nbsp;</span></p> <p><span class="cls0">6. A description of the facility and location of the charter school;&nbsp;</span></p> <p><span class="cls0">7. A description of the grades being served;&nbsp;</span></p> <p><span class="cls0">8. An outline of criteria designed to measure the effectiveness of the charter school;&nbsp;</span></p> <p><span class="cls0">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; and&nbsp;</span></p> <p><span class="cls0">10. Documentation that the applicants completed charter school training as set forth in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. A board of education of a public school district, public body, public or private college or university, private person, or private organization may contract with a sponsor to establish a charter school. A private school shall not be eligible to contract for a charter school under the provisions of the Oklahoma Charter Schools Act.&nbsp;</span></p> <p><span class="cls0">D. The sponsor of a charter school is the board of education of a school district, the board of education of a technology center school district, a higher education institution, the State Board of Education, or a federally recognized Indian tribe which meets the criteria established in Section 3-132 of this title. Any board of education of a school district in the state may sponsor one or more charter schools. The physical location of a charter school sponsored by a board of education of a school district or a technology center school district shall be within the boundaries of the sponsoring school district. The physical location of a charter school sponsored by the State Board of Education when the applicant of the charter school is the Office of Juvenile Affairs shall be where an Office of Juvenile Affairs facility for youth is located.&nbsp;</span></p> <p><span class="cls0">E. An applicant for a charter school may submit an application to a proposed sponsor which shall either accept or reject sponsorship of the charter school within ninety (90) days of receipt of the application. If the proposed sponsor rejects the application, it shall notify the applicant in writing of the reasons for the rejection. The applicant may submit a revised application for reconsideration to the proposed sponsor within thirty (30) days after receiving notification of the rejection. The proposed sponsor shall accept or reject the revised application within thirty (30) days of its receipt.&nbsp;</span></p> <p><span class="cls0">F. A board of education of a school district, board of education of a technology center school district, higher education institution, or federally recognized Indian tribe sponsor of a charter school shall notify the State Board of Education when it accepts sponsorship of a charter school. The notification shall include a copy of the charter of the charter school.&nbsp;</span></p> <p><span class="cls0">G. If a proposed sponsor 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 proposed sponsor shall pay the cost for any mediation or arbitration requested pursuant to this section.&nbsp;</span></p> <p><span class="cls0">H. If a board of education of a technology center school district, a higher education institution, the State Board of Education, or a federally recognized Indian tribe accepts sponsorship of a charter school, the administrative, fiscal and oversight responsibilities of the technology center school district, the higher education institution, or the federally recognized Indian tribe shall be listed in the contract. No responsibilities shall be delegated to a school district unless the local school district agrees to assume the responsibilities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 9, eff. July 1, 1999. Amended by Laws 2001, c. 33, &sect; 69, eff. July 1, 2001; Laws 2007, c. 257, &sect; 2; Laws 2010, c. 288, &sect; 2, eff. Nov. 1, 2010; Laws 2011, c. 1, &sect; 36, emerg. eff. March 18, 2011; Laws 2011, c. 367, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2010, c. 290, &sect; 2 repealed by Laws 2011, c. 1, &sect; 37, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-135. Sponsor to contract with governing board &ndash; Contents of contract.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A description of the program to be offered by the school which complies with the purposes outlined in Section 11 of this act;&nbsp;</span></p> <p><span class="cls0">2. Admission policies and procedures;&nbsp;</span></p> <p><span class="cls0">3. Management and administration of the charter school;&nbsp;</span></p> <p><span class="cls0">4. Requirements and procedures for program and financial audits;&nbsp;</span></p> <p><span class="cls0">5. A description of how the charter school will comply with the charter requirements set forth in the Oklahoma Charter Schools Act;&nbsp;</span></p> <p><span class="cls0">6. Assumption of liability by the charter school; and&nbsp;</span></p> <p><span class="cls0">7. The term of the contract.&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 10, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-136. Rules and standards to be incorporated into charter.&nbsp;</span></p> <p><span class="cls0">A. A charter school shall adopt a charter which will ensure compliance with the following:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. The charter school may provide a comprehensive program of instruction for a prekindergarten program, a kindergarten program or any grade between grades one and twelve. Instruction may be provided to all persons between the ages of four (4) and twenty-one (21) years. A charter school may offer a curriculum which emphasizes a specific learning philosophy or style or certain subject areas such as mathematics, science, fine arts, performance arts, or foreign language. The charter of a charter school which offers grades nine through twelve shall specifically address whether the charter school will comply with the graduation requirements established in Section 11-103.6 of this title. No charter school shall be chartered for the purpose of offering a curriculum for deaf or blind students that is the same or similar to the curriculum being provided by or for educating deaf or blind students that are being served by the Oklahoma School for the Blind or the Oklahoma School for the Deaf;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">10. A charter school may not charge tuition or fees;&nbsp;</span></p> <p><span class="cls0">11. A charter school shall provide instruction each year for at least the number of days required in Section 1-109 of this title;&nbsp;</span></p> <p><span class="cls0">12. A charter school shall comply with the student suspension requirements provided for in Section 24-101.3 of this title;&nbsp;</span></p> <p><span class="cls0">13. A charter school shall be considered a school district for purposes of tort liability under The Governmental Tort Claims Act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">15. A charter school may participate in all health and related insurance programs available to the employees of the sponsor of the charter school;&nbsp;</span></p> <p><span class="cls0">16. A charter school shall comply with the Oklahoma Open Meeting Act and the Oklahoma Open Records Act; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. A charter school may enter into contracts and sue and be sued.&nbsp;</span></p> <p><span class="cls0">E. The governing body of a charter school may not levy taxes or issue bonds.&nbsp;</span></p> <p><span class="cls0">F. The charter of a charter school shall include a provision specifying the method or methods to be employed for disposing of real and personal property acquired by the charter school upon expiration or termination of the charter or failure of the charter school to continue operations. Except as otherwise provided, any real or personal property purchased with state or local funds shall be retained by the sponsoring school district. If a charter school that was previously sponsored by the board of education of a school district continues operation within the school district under a new charter sponsored by an entity authorized pursuant to Section 3-132 of this title, the charter school may retain any personal property purchased with state or local funds for use in the operation of the charter school until termination of the new charter or failure of the charter school to continue operations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 11, eff. July 1, 1999. Amended by Laws 2000, c. 232, &sect; 7, eff. July 1, 2000; Laws 2008, c. 439, &sect; 1, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-137. Duration of contract &ndash; Renewal - Termination.&nbsp;</span></p> <p><span class="cls0">A. An approved contract for a charter school shall be effective for not longer than five (5) years from the first day of operation. Prior to the beginning of the fifth 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.&nbsp;</span></p> <p><span class="cls0">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 G of Section 3-134 of this title.&nbsp;</span></p> <p><span class="cls0">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&rsquo; 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 G of Section 3-134 of this title.&nbsp;</span></p> <p><span class="cls0">D. If a contract is not renewed, the governing board of the charter school may submit an application to a proposed new sponsor as provided for in Section 3-134 of this title.&nbsp;</span></p> <p><span class="cls0">E. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 12, eff. July 1, 1999. Amended by Laws 2003, c. 434, &sect; 6; Laws 2004, c. 472, &sect; 1, emerg. eff. June 7, 2004; Laws 2007, c. 257, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-138. Reprisal against school employee seeking to establish charter school.&nbsp;</span></p> <p><span class="cls0">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, &ldquo;unlawful reprisal&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 13, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-139. Status of teacher returning to public school from charter school.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. A suitable position is available at the school district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 14, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-140. Student eligibility &ndash; Districts &ndash; Preferences - Discrimination.&nbsp;</span></p> <p><span class="cls0">A. Except for a charter school sponsored by the State Board of Education, 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 or 8-104 of this title, unless the number of applications exceeds the capacity of a program, class, grade level, or building. Students who reside in a school district where a charter school is located shall not be required to obtain a transfer in order to attend a charter school in the school district of residence. If capacity is insufficient to enroll all eligible students, the charter school shall select students through a lottery selection process. Except for a charter school sponsored by the State Board of Education, 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. Except for a charter school sponsored by the State Board of Education, a charter school created after the effective date of this act shall give enrollment preference to eligible students who reside within the boundaries of the school district in which the charter school is located and who attend a school site that has been identified as in need of improvement by the State Board of Education pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized. A charter school may limit admission to students within a given age group or grade level. A charter school sponsored by the State Board of Education when the applicant of the charter school is the Office of Juvenile Affairs shall limit admission to youth that are in the custody or supervision of the Office of Juvenile Affairs.&nbsp;</span></p> <p><span class="cls0">B. Except for a charter school sponsored by the State Board of Education, a charter school shall admit students who reside in the attendance area of a school or in a school district that is under a court order of desegregation or that is a party to an agreement with the United States Department of Education Office for Civil Rights directed towards mediating alleged or proven racial discrimination unless notice is received from the resident school district that admission of the student would violate the court order or agreement.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Except as provided in subsections B and C of this section, a charter school shall not limit admission based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measures of achievement, aptitude, or athletic ability.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 15, eff. July 1, 1999. Amended by Laws 2010, c. 288, &sect; 3, eff. Nov. 1, 2010; Laws 2011, c. 185, &sect; 1; Laws 2011, c. 367, &sect; 3; Laws 2012, c. 367, &sect; 2, eff. July 1, 2012; Laws 2013, c. 83, &sect; 4, eff. July 1, 2013; Laws 2013, c. 212, &sect; 2, eff. Sept. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2010, c. 290, &sect; 3 repealed by Laws 2011, c. 1, &sect; 38, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-141. Transportation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. A charter school shall provide the parent or guardian information regarding transportation at the time the student enrolls in the charter school.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 16, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-142. Funding.&nbsp;</span></p> <p><span class="cls0">A. For purposes of funding, a charter school sponsored by a board of education of a school district shall be considered a site within the school district in which the charter school is located. The student membership of the charter school shall be considered separate from the student membership of the district in which the charter school is located for the purpose of calculating weighted average daily membership pursuant to Section 18-201.1 of this title and State Aid pursuant to Section 18-200.1 of this title. For charter schools sponsored by a board of education of a school district, the sum of the separate calculations for the charter school and the school district shall be used to determine the total State Aid allocation for the district in which the charter school is located. A charter school shall receive from the sponsoring school district, the State Aid allocation and any other state-appropriated revenue generated by its students for the applicable year, less up to five percent (5%) of the State Aid allocation, which may be retained by the school district as a fee for administrative services rendered. For charter schools sponsored by the board of education of a technology center school district, a higher education institution, the State Board of Education, or a federally recognized Indian tribe and for statewide virtual charter schools sponsored by the Statewide Virtual Charter School Board, the State Aid allocation for the charter school shall be distributed by the State Board of Education and not more than five percent (5%) of the State Aid allocation may be charged by the sponsor 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. The fee for administrative services as authorized in this subsection shall only be assessed on the State Aid allocation amount and shall not be assessed on any other appropriated amounts.&nbsp;</span></p> <p><span class="cls0">B. 1. The weighted average daily membership for the first year of operation of a charter school shall be determined initially by multiplying the actual enrollment of students as of August 1 by 1.333. The charter school shall receive revenue equal to that which would be generated by the estimated weighted average daily membership calculated pursuant to this paragraph. At midyear, the allocation for the charter school shall be adjusted using the first quarter weighted average daily membership for the charter school calculated pursuant to subsection A of this section.&nbsp;</span></p> <p><span class="cls0">2. For the purpose of calculating weighted average daily membership pursuant to Section 18-201.1 of this title and State Aid pursuant to Section 18-200.1 of this title, the weighted average daily membership for the first year of operation and each year thereafter of a full-time virtual charter school shall be determined by multiplying the actual enrollment of students as of August 1 by 1.333. The full-time virtual charter school shall receive revenue equal to that which would be generated by the estimated weighted average daily membership calculated pursuant to this paragraph. At midyear, the allocation for the full-time virtual charter school shall be adjusted using the first quarter weighted average daily membership for the virtual charter school calculated pursuant to subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. A charter school shall be eligible to receive any other aid, grants or revenues allowed to other schools. A charter school sponsored by the board of education of a technology center school district, a higher education institution, the State Board of Education, or a federally recognized Indian tribe shall be considered a local education agency for purposes of funding. A charter school sponsored by a board of education of a school district shall be considered a local education agency for purposes of federal funding.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. Any charter school which chooses to lease property shall be eligible to receive current government lease rates.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 17, eff. July 1, 1999. Amended by Laws 2004, c. 472, &sect; 2, emerg. eff. June 7, 2004; Laws 2006, c. 278, &sect; 1, eff. July 1, 2006; Laws 2007, c. 257, &sect; 4; Laws 2010, c. 204, &sect; 1; Laws 2010, c. 288, &sect; 4, eff. Nov. 1, 2010; Laws 2011, c. 1, &sect; 39, emerg. eff. March 18, 2011; Laws 2011, c. 184, &sect; 1; Laws 2013, c. 212, &sect; 3, eff. Sept. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2010, c. 290, &sect; 4 repealed by Laws 2011, c. 1, &sect; 40, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-143. Reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 18, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-144. Charter Schools Incentive Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a fund to be designated the &ldquo;Charter Schools Incentive Fund&rdquo;. 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.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall adopt rules to implement the provisions of this section, including application and notification requirements.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 351, &sect; 16, emerg. eff. June 8, 1999. Amended by Laws 2004, c. 472, &sect; 3, emerg. eff. June 7, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-145.1. Statewide Virtual Charter School Board.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Statewide Virtual Charter School Board. The Board shall have the sole authority to authorize and sponsor statewide virtual charter schools in this state. The Board shall be composed of five (5) voting members as follows:&nbsp;</span></p> <p><span class="cls0">1. One member appointed by the Governor, who shall be a resident and elector of the Fifth Congressional District;&nbsp;</span></p> <p><span class="cls0">2. Two members appointed by the President Pro Tempore of the Senate, one of whom shall be a resident and elector of the First Congressional District and one of whom shall be a resident and elector of the Third Congressional District;&nbsp;</span></p> <p><span class="cls0">3. Two members appointed by the Speaker of the House of Representatives, one of whom shall be a resident and elector of the Second Congressional District and one of whom shall be a resident and elector of the Fourth Congressional District; and&nbsp;</span></p> <p><span class="cls0">4. The State Superintendent of Public Instruction and the Secretary of Education or their designees shall serve as ex officio nonvoting members, and shall not be counted toward a quorum.&nbsp;</span></p> <p><span class="cls0">B. Initial appointments shall be made by August 1, 2012. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint one member for one (1) year and one member for three (3) years. The Governor shall appoint one member for two (2) years. Members shall serve until their successors are duly appointed for a term of three (3) years. Appointments shall be made by and take effect on November 1 of the year in which the appointment is made. Annually by December 30 the Board shall elect from its membership a chair and vice-chair.&nbsp;</span></p> <p><span class="cls0">C. A member may be removed from the Board by the appointing authority for cause which shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Being found guilty by a court of competent jurisdiction of a felony or any offense involving moral turpitude;&nbsp;</span></p> <p><span class="cls0">2. Being found guilty of malfeasance, misfeasance or nonfeasance in relation to Board duties;&nbsp;</span></p> <p><span class="cls0">3. Being found mentally incompetent by a court of competent jurisdiction; or&nbsp;</span></p> <p><span class="cls0">4. Failing to attend three successive meetings of the Board without just cause, as determined by the Board.&nbsp;</span></p> <p><span class="cls0">D. Vacancies shall be filled by the appointing authority.&nbsp;</span></p> <p><span class="cls0">E. No member of the Senate or House of Representatives may be appointed to the Board while serving as a member of the Legislature, or for two (2) full years following the expiration of the term of office.&nbsp;</span></p> <p><span class="cls0">F. The State Department of Education shall provide staff support to the Board until December 31, 2014, and thereafter the Department shall provide office space for the operation of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 367, &sect; 3, eff. July 1, 2012. Amended by Laws 2013, c. 212, &sect; 4, eff. Sept. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-145.2. Meetings - Reimbursement.&nbsp;</span></p> <p><span class="cls0">A. The Statewide Virtual Charter School Board shall meet at the call of the chair. The first meeting of the Board shall be held no later than sixty (60) days after the effective date of this act.&nbsp;</span></p> <p><span class="cls0">B. Three members of the Board shall constitute a quorum and an affirmative vote of at least three members shall be required in order for the Board to take any final action.&nbsp;</span></p> <p><span class="cls0">C. Members of the Board shall receive necessary traveling expenses while in the performance of their duties in accordance with the State Travel Reimbursement Act. Members shall receive reimbursement from the State Department of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 367, &sect; 4, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-145.3. Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. Subject to the requirements of the Oklahoma Charter Schools Act, the Statewide Virtual Charter School Board shall:&nbsp;</span></p> <p><span class="cls0">1. Provide oversight of the operations of statewide virtual charter schools in this state; and&nbsp;</span></p> <p><span class="cls0">2. Establish a procedure for accepting, approving and disapproving statewide virtual charter school applications and a process for renewal or revocation of approved charter school contracts which minimally meet the procedures set forth in the Oklahoma Charter Schools Act.&nbsp;</span></p> <p><span class="cls0">B. Each statewide virtual charter school which has been approved and sponsored by the Board or any virtual charter school for which the Board has assumed sponsorship of as provided for in Section 3-145.5 of this title shall be considered a statewide virtual charter school and the geographic boundaries of each statewide virtual charter school shall be the borders of the state.&nbsp;</span></p> <p><span class="cls0">C. Each statewide virtual charter school approved by the Statewide Virtual Charter School Board shall be eligible to receive federal funds generated by students enrolled in the charter school for the applicable year. Each statewide virtual charter school shall be considered a separate local education agency for purposes of reporting and accountability.&nbsp;</span></p> <p><span class="cls0">D. As calculated as provided for in Section 3-142 of this title, a statewide virtual charter school shall receive the State Aid allocation and any other state-appropriated revenue generated by students enrolled in the virtual charter school for the applicable year, less up to five percent (5%) of the State Aid allocation, which may be retained by the Statewide Virtual Charter School Board for administrative expenses and to support the mission of the Board. A statewide virtual charter school shall be eligible for any other funding any other charter school is eligible for as provided for in Section 3-142 of this title. Each statewide virtual charter school shall be considered a separate local education agency for purposes of reporting and accountability.&nbsp;</span></p> <p><span class="cls0">E. Students enrolled full-time in a statewide virtual charter school sponsored by the Statewide Virtual Charter School Board shall not be authorized to participate in any activities administered by the Oklahoma Secondary Schools Activities Association. However, the students may participate in intramural activities sponsored by a statewide virtual charter school, an online provider for the charter school or any other outside organization.&nbsp;</span></p> <p><span class="cls0">F. The decision of the Statewide Virtual Charter School Board to deny, nonrenew or terminate the charter contract of a statewide virtual charter school may be appealed to the State Board of Education within thirty (30) days of the decision by the Statewide Virtual Charter School Board. The State Board of Education shall act on the appeal within sixty (60) days of receipt of the request from the statewide virtual charter school applicant. The State Board of Education may reverse the decision of the Statewide Virtual Charter School Board or may remand the matter back to the Statewide Virtual Charter School Board for further proceeding as directed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 367, &sect; 5, eff. July 1, 2012. Amended by Laws 2013, c. 212, &sect; 5, eff. Sept. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-145.4. Authority to promulgate rules.&nbsp;</span></p> <p><span class="cls0">Pursuant to and in compliance with Article I of the Administrative Procedures Act, the Statewide Virtual Charter School Board shall promulgate rules as may be necessary to implement the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 367, &sect; 6, eff. July 1, 2012. Amended by Laws 2013, c. 212, &sect; 6, eff. Sept. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-145.5. Students outside the district - Succession to contractual rights.&nbsp;</span></p> <p><span class="cls0">A. Notwithstanding any other provision of law, beginning July 1, 2014, no school district shall offer full-time virtual education to students who are not residents of the school district or enter into a virtual charter school contract with a provider to provide full-time virtual education to students who do not reside within the school district boundaries.&nbsp;</span></p> <p><span class="cls0">B. Effective July 1, 2014, the Statewide Virtual Charter School Board shall succeed to any contractual rights and responsibilities incurred by a school district in a virtual charter school contract executed prior to January 1, 2014, with a provider to provide full-time virtual education to students who do not reside within the school district boundaries. All property, equipment, supplies, records, assets, current and future liability, encumbrances, obligations and indebtedness associated with the contract shall be transferred to the Statewide Virtual Charter School Board. Appropriate conveyances and other documents shall be executed to effectuate the transfer of any property associated with the contract. Upon succession of the contract, the Board shall assume sponsorship of the virtual charter school for the remainder of the term of the contract. Prior to the end of the current term of the contract, the Board shall allow the provider of the virtual charter school to apply for renewal of the contract with the Board in accordance with the renewal procedures established pursuant to Section 3-145.3 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 367, &sect; 7, eff. July 1, 2012. Amended by Laws 2013, c. 212, &sect; 7, eff. Sept. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-145.6. Full time virtual education site - Performance data of non-residents.&nbsp;</span></p> <p><span class="cls0">A. A virtual education provider that offers full-time virtual education to students who are not residents of the school district with which the provider is contracted shall be considered a site within each school district with which the provider contracts and subject to the accountability system established pursuant to Section 1210.545 of this title.&nbsp;</span></p> <p><span class="cls0">B. The virtual education provider and the school district with which it contracts are hereby directed to identify those students who are full-time virtual students and do not live in the physical boundaries of the district. The district and provider shall submit as necessary to the State Department of Education detailed data on the performance of non-resident students who are receiving full-time instruction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 108, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-150. Repealed by Laws 2013, c. 83, &sect; 21, eff. July 1, 2013, without reference to amendment by Laws 2013, c. 74, &sect; 1, eff. July 1, 2013, which read as follows:&nbsp;</span></p> <p class="cls3"><span class="cls0">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:&nbsp;</span></p> <p class="cls4"><span class="cls0">1. Attendance rates for students;&nbsp;</span></p> <p class="cls4"><span class="cls0">2. Dropout rates;&nbsp;</span></p> <p class="cls4"><span class="cls0">3. Results of the Oklahoma School Testing Program administered pursuant to Section 1210.508 of this title;&nbsp;</span></p> <p class="cls4"><span class="cls0">4. Advanced Placement participation;&nbsp;</span></p> <p class="cls4"><span class="cls0">5. Graduation rates for secondary school students;&nbsp;</span></p> <p class="cls4"><span class="cls0">6. Scores of the American College Test (ACT); and&nbsp;</span></p> <p class="cls4"><span class="cls0">7. College remediation rates.&nbsp;</span></p> <p class="cls4"><span class="cls0">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.&nbsp;</span></p> <p class="cls4"><span class="cls0">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.&nbsp;</span></p> <p class="cls4"><span class="cls0">D. The academic performance of students who are enrolled full-time in an online program that is offered by a school district or charter school that is not the district of residence or is not located in the district of residence of the student shall be reported separately by the school district or charter school and shall not be included when determining the Academic Performance Index of the school district or charter school.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-151. Repealed by Laws 2013, c. 83, &sect; 21, eff. July 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-151.1. Adjusted cohort graduation rate - Academic performance index.&nbsp;</span></p> <p><span class="cls0">A. For purposes of establishing a uniform and accurate definition of high school graduation rate for school districts and secondary schools in the state, the State Board of Education shall adopt and implement a four-year adjusted cohort graduation rate and an extended-year adjusted cohort graduation rate. The Board shall utilize and report the four-year adjusted cohort graduation rate and the extended-year adjusted cohort graduation rate at the secondary school site, the school district and the state level, and the graduation rates shall be reported in the aggregate as well as disaggregated by subgroups as required in the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the No Child Left Behind Act of 2001.&nbsp;</span></p> <p><span class="cls0">B. The Board shall use the four-year adjusted cohort graduation rate for purposes of determining the high school graduation rate indicator for the academic performance data calculation beginning with state and district report cards providing results of assessments administered in the 2011-2012 school year. The Board shall use the four-year adjusted cohort graduation rate for establishing the high school graduation rate for measuring alternate year percentage growth targets as set forth in Section 3-151.2 of this title beginning with the 2012-2013 school year.&nbsp;</span></p> <p><span class="cls0">C. The four-year adjusted cohort graduation rate shall be defined as the number of students who graduate in four (4) years with a standard high school diploma divided by the number of students who entered high school four (4) years earlier, adjusted for transfers in and out of the school, émigrés and deceased students. Students who graduate in four (4) years shall include students who earn a standard high school diploma at the end of their fourth year, before the end of their fourth year, and during a summer session immediately following their fourth year. To remove a student from a cohort, a school district shall confirm in writing or by electronic means that a student has transferred out of the school site or school district, has emigrated to another country or is deceased. For a student who transfers out of a school site or school district, the written or electronic confirmation shall be official and document that the student has enrolled in another school site or school district or in an educational program that culminates in a standard high school diploma. Students who graduate with a credential other than a standard high school diploma or a higher diploma, including but not limited to a General Educational Development (GED) credential, certificate of attendance, or any alternative award, shall not be included in the graduation rate calculation as set forth in this subsection as a student who graduated in four (4) years with a standard high school diploma but shall be included in the number of students who entered high school four (4) years earlier.&nbsp;</span></p> <p><span class="cls0">D. The extended-year adjusted cohort graduation rate shall be defined as the number of students who graduate in four (4) years or five (5) years with a standard high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate as calculated as provided for in subsection C of this section, provided that the adjustments add to the cohort all students who transfer into the cohort by the end of the year of graduation being considered and subtract students who transfer out, emigrate to another country or are deceased by the end of that year. The extended-year adjusted cohort graduation rate shall be reported separately from the four-year adjusted cohort graduation rate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 245, &sect; 1. Amended by Laws 2013, c. 83, &sect; 5, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-151.2. Graduation rate growth targets - Failing schools.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall adopt expected alternate year percentage growth targets, for all public secondary schools and school districts, based on high school graduation rates, using the four-year adjusted cohort graduation rate calculated as provided for in Section 1 of this act. The minimum percentage growth targets shall be twenty percent (20%) of the difference between the graduation rate of the baseline year and the goal of one hundred percent (100%). The baseline year shall be established in the 2012-2013 school year. In alternating years new growth targets shall be established until all secondary schools and school districts have met the goal of one hundred percent (100%).&nbsp;</span></p> <p><span class="cls0">B. Public secondary schools and school districts meeting or exceeding expected growth targets at the end of the initial two (2) years or in the alternate years as provided for in subsection A of this section shall be recognized by the state as notable schools and school districts. Recognition may include, but not be limited to, citations of congratulations from the State Superintendent of Public Instruction as the designee of the State Board of Education, the Governor or designee, the Representative and Senator representing the school and or school district, and banners for each school or school district achieving notable status.&nbsp;</span></p> <p><span class="cls0">C. Public secondary schools and school districts failing to meet the expected growth targets at the end of the initial two (2) years or in the alternate years as provided for in subsection A of this section shall:&nbsp;</span></p> <p><span class="cls0">1. Submit a high school graduation improvement plan to their district board of education at a regularly scheduled meeting prior to December 31st of the same year; and&nbsp;</span></p> <p><span class="cls0">2. Contingent upon the availability of funding, participate in technical assistance and training provided by the State Department of Education for the purpose of reducing drop-out rates and improving high school graduation rates. The technical assistance and training shall include identifying and implementing best practices, identifying actions the school district and schools should take to meet target high school graduation goals, and providing ongoing monitoring to assess school district and school progress in implementing recommended actions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 245, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-152. Repealed by Laws 2005, c. 466, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;70-3-152.1. Academic Achievement Award program.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The top school site that attains the highest overall student achievement as measured by the average of the last three reported academic performance data scores in each of the five groups based on average daily membership (ADM) as provided for in subsection D of this section;&nbsp;</span></p> <p><span class="cls0">2. The top school site that attains the highest annual improvement in student achievement as measured by the average of the last three reported academic performance data scores in each of five groups based on average daily membership (ADM) as provided for in subsection D of this section; and&nbsp;</span></p> <p><span class="cls0">3. All school sites that attain the "Gold", "Silver", or "Bronze" levels as measured by academic performance data score as established by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">B. 1. No later than March 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.&nbsp;</span></p> <p><span class="cls0">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. Each year, based on the amount of available funding, the Board shall provide awards to all qualified employees at school sites which have qualified for awards in each category in the following order, with awards being made for each subsequent category to as many school sites which have qualified for awards as can be funded with the remaining funds:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;paragraph 3 of this subsection,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;paragraph 4 of this subsection, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;paragraph 5 of this subsection.&nbsp;</span></p> <p><span class="cls0">3. The Board shall determine the top school site in each of the groups as designated in subsection D of this section that have achieved the highest overall student achievement as measured by the average of the last three reported academic performance data scores.&nbsp;</span></p> <p><span class="cls0">4. The Board shall determine the top school site in each of the groups as designated in subsection D of this section that have achieved the highest annual average percentage improvement in student achievement as measured by the average of the last three reported academic performance data scores.&nbsp;</span></p> <p><span class="cls0">5. The Board shall determine the school sites that have attained the Gold, Silver, or Bronze levels based on the academic performance data score.&nbsp;</span></p> <p><span class="cls0">6. In the event of tie scores, the Board shall select the school site with the highest annual percentage improvement in student achievement as measured by the academic performance data score as compared to the previous year. If a tie still exists, the Board shall select the school site with the highest annual percentage improvement in reading achievement as compared to the previous year as measured by the reading assessments administered pursuant to Section 1210.508 of this title.&nbsp;</span></p> <p><span class="cls0">7. Any school site that qualifies for more than one award as provided for in paragraphs 3, 4 and 5 of this subsection shall receive the award with the highest monetary amount the school site qualifies for as calculated pursuant to subsection C of this section, but in no case shall any school site receive more than one award.&nbsp;</span></p> <p><span class="cls0">C. 1. The amount of monetary award to be paid to each qualified employee at each school site identified as an award recipient as determined pursuant to paragraphs 3 and 4 of subsection B of this section shall be Two Thousand Dollars ($2,000.00).&nbsp;</span></p> <p><span class="cls0">2. The amount of monetary award to be paid to each qualified employee at each school site identified as having attained the Gold, Silver, or Bronze levels as determined by the State Board of Education shall be as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;One Thousand Dollars ($1,000.00) for each Gold level school,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Five Hundred Dollars ($500.00) for each Silver level school, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Two Hundred Fifty Dollars ($250.00) for each Bronze level school.&nbsp;</span></p> <p><span class="cls0">D. Groups shall be designated based on average daily membership (ADM) as follows:&nbsp;</span></p> <p><span class="cls0">1. Group 1 - 0 to 135 ADM;&nbsp;</span></p> <p><span class="cls0">2. Group 2 - 136 to 235 ADM;&nbsp;</span></p> <p><span class="cls0">3. Group 3 - 236 to 345 ADM;&nbsp;</span></p> <p><span class="cls0">4. Group 4 - 346 to 505 ADM; and&nbsp;</span></p> <p><span class="cls0">5. Group 5 - 506 or more ADM.&nbsp;</span></p> <p><span class="cls0">E. For purposes of this section, "qualified employees" means all certified personnel employed to serve as a teacher, principal, supervisor, administrator, counselor, librarian, or certified or registered nurse at a school site which has been identified as a recipient of an Academic Achievement Award for at least eighty-five (85) days or equivalent hours of the school year which is the last school year used to calculate the three-year average academic performance data score which is used to determine eligibility for an award. For charter schools formed and operated pursuant to the Oklahoma Charter School Act, qualified employees shall include all administrative and instructional personnel that meet the requirements of this subsection regardless of whether they are certified. Qualified employees shall not include certified personnel who are employed at the school site in a noncertified position and the superintendent of the school district. Qualified employees shall include the certified personnel employed at an elementary school site for at least eighty-five (85) days or equivalent hours of the school year if students who are enrolled at the elementary site were enrolled in an early elementary school site which contains only prekindergarten, kindergarten, first- or second-grade levels that qualifies for an award. Qualified employees shall include the certified personnel employed at an early elementary school site which contains only prekindergarten, kindergarten, first- or second-grade levels for at least eighty-five (85) days or equivalent hours of the school year if students who were enrolled at the early elementary site are now enrolled at an elementary school site that qualifies for an award.&nbsp;</span></p> <p><span class="cls0">F. Qualified employees who are assigned to more than one school site which is identified as an award recipient shall qualify for only one award, which shall be the highest award the employee qualifies for. For qualified employees who are employed as less than a one full-time-equivalent employee (FTE) by a school district and are assigned to a school site identified as an award recipient or who are employed as one FTE by a school district but are assigned as less than one FTE at a school site identified as an award recipient, the amount of the monetary award paid to the qualified employee shall be prorated based on the prior year final certified personnel FTE reported on the certified personnel report for the school site for the qualified employee.&nbsp;</span></p> <p><span class="cls0">G. No school site or school district shall be liable for payment of awards pursuant to this section. Awards shall not be included in the calculation of the salary of the teacher for purposes of meeting the district or statutory minimum salary schedule or for purposes of calculating Teachers' Retirement System of Oklahoma contributions or benefits.&nbsp;</span></p> <p><span class="cls0">H. The State Board of Education shall promulgate rules necessary for the implementation of this section. The Board shall annually announce and recognize the school sites that have qualified for an award under the Academic Achievement Award program and shall post a list of the school sites on the Internet website for the State Department of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 466, &sect; 1, eff. July 1, 2005. Amended by Laws 2007, c. 322, &sect; 1, eff. July 1, 2007; Laws 2008, c. 439, &sect; 2, eff. July 1, 2008; Laws 2010, c. 439, &sect; 1, eff. July 1, 2010; Laws 2013, c. 83, &sect; 6, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-153. Reporting of plans to State Board - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. School districts with one or more school sites that have been identified as in need of improvement by the State Board of Education pursuant to the requirements of the No Child Left Behind Act of 2001, P.L. No. 107-110, shall be required to electronically submit the following plans to the State Board of Education:&nbsp;</span></p> <p><span class="cls0">1. The school improvement plan as required in Section 5-117.4 of this title; and&nbsp;</span></p> <p><span class="cls0">2. The capital improvement plan as required in Section 18-153 of this title.&nbsp;</span></p> <p><span class="cls0">B. School districts that do not have any school sites which have been identified as in need of improvement by the State Board of Education, pursuant to the requirements of the No Child Left Behind Act of 2001, P.L. No. 107-110, shall not be required to submit the plans as set forth in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 242, &sect; 1, eff. July 1, 2001. Amended by Laws 2005, c. 431, &sect; 1, eff. Sept. 1, 2005; Laws 2006, c. 227, &sect; 2, eff. July 1, 2006; Laws 2012, c. 354, &sect; 2; Laws 2013, c. 83, &sect; 7, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-154. Review of plans by regional accreditation officer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 242, &sect; 2, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-155. Study and assessment of information and reports &ndash; Collection techniques.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall study and assess ways to eliminate, reduce, consolidate, and simplify the number, type, and length of reports, data, statistics, and other information required of any school district or school district personnel by the Board or State Department of Education. Subject to the availability of funding, the Board is hereby authorized to retain a consultant or expert as may be necessary to complete the study. The study shall include the feasibility of coordinating reporting dates and shall identify all requirements for maintaining, completing and filing records and reports mandated by law or rule and make recommendations for any amendments that may be necessary to the law or rules to implement the recommendations reported in the study. In conducting research for the study, the Board shall provide for the input and participation of school districts, school district personnel, and other educational organizations. By December 31, 2010, the Board shall issue a preliminary report of any findings and recommendations collected prior to that date. The Board shall complete the findings and recommendations of the study and shall file a final report with the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the Senate by December 31, 2012.&nbsp;</span></p> <p><span class="cls0">B. In conducting the study as required in this section, the Board may:&nbsp;</span></p> <p><span class="cls0">1. Survey a sample of classroom teachers from elementary, middle, and high school grades in the public schools in the state to determine the quantity and types of paperwork required from teachers on a daily, weekly, monthly, semester, or annual basis as mandated by state law or rule;&nbsp;</span></p> <p><span class="cls0">2. Review efforts being made at the school district level to reduce the requirements for extraneous paperwork placed on teachers; &nbsp;</span></p> <p><span class="cls0">3. Collaborate with the United States Department of Education to standardize all compliance requirements of the federal Individuals with Disabilities Education Act (IDEA) and review and simplify the paperwork established by the United States Department of Education to verify compliance with IDEA; and &nbsp;</span></p> <p><span class="cls0">4. Study the amount of state and local funds expended to meet the compliance and paperwork requirements of IDEA. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 290, &sect; 2, emerg. eff. June 6, 2005. Amended by Laws 2010, c. 150, &sect; 1, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-156. Local school district assessment &ndash; Report submission.&nbsp;</span></p> <p><span class="cls0">Each local school district may study and assess ways to eliminate, reduce, consolidate, and simplify the number, type, and length of reports, data, statistics, and other information required of any school district personnel by federal or state law. In conducting research for the study, the school district shall provide for the input and participation of school district personnel.&nbsp;</span></p> <p><span class="cls0">Each local school district may also study and assess ways to eliminate, reduce, consolidate, and simplify the number of tests required by students enrolled in school.&nbsp;</span></p> <p><span class="cls0">Findings and recommendations of both studies shall be forwarded to the State Department of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 150, &sect; 2, eff. July 1, 2010. Amended by Laws 2012, c. 354, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-160. State student record system &ndash; Development and implementation in compliance with federal requirements.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;No Child Left Behind Act of 2001&rdquo;, the State Department of Education shall construct the system to contain the following elements and comply with the following standards and compliance capabilities:&nbsp;</span></p> <p><span class="cls0">1. Extensible Markup Language (XML), which defines common data formats used during communication between disparate systems;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 430, &sect; 2, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-161. Student Tracking and Reporting (STAR) Pilot Program.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 academic performance data. 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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);&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Proven systemic methodology to electronically generate state and federal reports;&nbsp;</span></p> <p><span class="cls0">2. Proven methodology to manage, analyze, and securely deliver student academic and performance data to administrators and teachers;&nbsp;</span></p> <p><span class="cls0">3. Two (2) or more years implementing a horizontal articulation solution based on the SIF specifications; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. There is hereby created the Student Tracking and Reporting (STAR) Coordinating Committee. The Committee shall consist of five (5) members as follows:&nbsp;</span></p> <p><span class="cls0">1. One member to be appointed by the Speaker of the Oklahoma House of Representatives;&nbsp;</span></p> <p><span class="cls0">2. One member to be appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">3. One member to be appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">4. One member to be appointed by the Superintendent of Public Instruction; and&nbsp;</span></p> <p><span class="cls0">5. One member who represents OneNet appointed by the Chancellor of Higher Education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. Members of the Committee shall receive no compensation for serving on the Committee, but shall receive travel reimbursement as follows:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">J. By July 1, 2006, the STAR Coordinating Committee shall report on the progress and developments accomplished through the Pilot Program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 443, &sect; 2, eff. July 1, 2005. Amended by Laws 2013, c. 83, &sect; 8, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-3-162. Enrollment - Collection of information regarding participation in certain programs.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A childcare program that is licensed pursuant to the tiered licensing system established by the Department of Human Services;&nbsp;</span></p> <p><span class="cls0">2. The Sooner Start program operated by the State Department of Education;&nbsp;</span></p> <p><span class="cls0">3. The Oklahoma Parents as Teachers program operated by the State Department of Education;&nbsp;</span></p> <p><span class="cls0">4. The Children First program operated by the State Department of Health;&nbsp;</span></p> <p><span class="cls0">5. Any child abuse prevention program operated by the State Department of Health;&nbsp;</span></p> <p><span class="cls0">6. Any federally funded Head Start program; and&nbsp;</span></p> <p><span class="cls0">7. Any other early childhood program funded by state or federal monies as determined by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education shall adopt rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 420, &sect; 1, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 3-161 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-163. The P-20 Data Coordinating Council - Members - Duties.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created to continue until July 1, 2015, in accordance with the provisions of the Oklahoma Sunset Law, the P-20 Data Coordinating Council.&nbsp;</span></p> <p><span class="cls0">B. The Council shall be composed of members as follows:&nbsp;</span></p> <p><span class="cls0">1. One member who shall serve as chair of the Council, appointed by the Governor, and confirmed by the Senate;&nbsp;</span></p> <p><span class="cls0">2. The Chancellor of Higher Education, or designee;&nbsp;</span></p> <p><span class="cls0">3. The State Superintendent of Public Instruction, or designee;&nbsp;</span></p> <p><span class="cls0">4. The Director of the Oklahoma State Department of Career and Technical Education, or designee;&nbsp;</span></p> <p><span class="cls0">5. A member of the Senate, appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">6. A member of the House of Representatives, appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">7. A staff member of the Office of Management and Enterprise Services, appointed by the Director of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">8. The Chief Information Officer, if such position is created through enactment of legislation;&nbsp;</span></p> <p><span class="cls0">9. The Executive Director of the Oklahoma Employment Security Commission, or designee;&nbsp;</span></p> <p><span class="cls0">10. The Director of the Office of Accountability, or designee;&nbsp;</span></p> <p><span class="cls0">11. A representative of a statewide business organization, appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">12. A representative of a statewide organization representing public school superintendents, appointed by the Governor; and&nbsp;</span></p> <p><span class="cls0">13. A representative of a statewide organization representing public school teachers, appointed by the Governor.&nbsp;</span></p> <p><span class="cls0">C. Appointments to the Council shall be made by July 1, 2009. Meetings of the Council shall be held at least quarterly at the call of the chair. Members shall serve at the pleasure of their appointing authorities. A majority of the members of the Council shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Council. A vacancy on the Council shall be filled by the original appointing authority. The Office of Management and Enterprise Services, the State Department of Education, Oklahoma Department of Career and Technology Education, and the Oklahoma State Regents for Higher Education shall provide staff, support and information as requested by the Council.&nbsp;</span></p> <p><span class="cls0">D. Members of the Council shall receive no compensation for serving on the Council, but shall receive travel reimbursement as follows:&nbsp;</span></p> <p><span class="cls0">1. State employees who are members of the Council shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act;&nbsp;</span></p> <p><span class="cls0">2. Legislative members shall be reimbursed in accordance with Section 456 of Title 74 of the Oklahoma Statutes; and &nbsp;</span></p> <p><span class="cls0">3. All other members of the Council shall be reimbursed by the Office of Management and Enterprise Services for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">E. The Council shall advise the State Department of Education, the State Regents for Higher Education, the Department of Career and Technology Education, the Office of Accountability, the Oklahoma Employment Security Commission, the Legislature, and the Governor on coordination of the creation of a unified, longitudinal student data system to provide interoperability and efficient and effective storage, use and sharing of data among the State Department of Education, Oklahoma Department of Career and Technology Education, Oklahoma State Regents for Higher Education, Legislature, other policymakers and executive agencies, and the general public.&nbsp;</span></p> <p><span class="cls0">F. The Council shall act in accordance with the provisions of the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">G. By October 31, 2009, the P-20 Data Coordinating Council shall complete an assessment of the current status of student data systems in place by the State Department of Education, Oklahoma Department of Career and Technology Education, and Oklahoma State Regents for Higher Education. The P-20 Data Coordinating Council may contract with a private consultant or consultants to assist in the assessment, contingent upon the availability of funding. The Council is hereby authorized to utilize any funds received including, but not limited to, any state or federal funds, grants, or private donations.&nbsp;</span></p> <p><span class="cls0">H. By December 31, 2009, the Chair of the P-20 Data Coordinating Council shall notify in writing the agencies set forth in subsection G of this section of any actions necessary for each agency to take to enable the move to a unified data system and shall recommend any statutory changes necessary to the Legislature and the Governor. The data system established shall include the elements described in section 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871(e)(2)(D)).&nbsp;</span></p> <p><span class="cls0">I. For the purposes of this act, a "unified data system" shall connect essential data elements relating to student level course work and course grades. The system shall facilitate the transfer of data across systems and among interested parties to address questions that cut across levels of the educational system and agencies. The unified data system shall facilitate the addition of data elements relating to testing, instruction and other performance and demographic data. The unified data system shall be accessible to a wide range of stakeholders and serve a variety of purposes, including improving teaching and learning, informing public policy, fostering a culture of evidence-based decision making, conducting research, evaluating system and program effectiveness, and providing reports to various stakeholder groups.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 456, &sect; 2, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 592.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-164. P-20 Data Coordinating Council Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the P-20 Data Coordinating Council to be designated the "P-20 Data Coordinating Council Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the P-20 Data Coordinating Council from state or federal funds, grants, and private donations. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the P-20 Data Coordinating Council for the purpose of providing financial support to the Council, including salary and benefits of the P-20 Data Officer and other necessary expenditures. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 456, &sect; 3, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 593.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-165. The Educational Quality and Accountability Board - Members - Duties.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created to continue until July 1, 2015, in accordance with the provisions of the Oklahoma Sunset Law, the Educational Quality and Accountability Board.&nbsp;</span></p> <p><span class="cls0">B. The membership of the Board shall consist of:&nbsp;</span></p> <p><span class="cls0">1. The Secretary of Education, who shall serve as Chair of the Board. If there is a vacancy in the office of Secretary of Education, or if the individual appointed as Secretary of Education is concurrently the Superintendent of Public Instruction, the Governor shall appoint a replacement member to serve as Chair of the Board in lieu of the Secretary of Education;&nbsp;</span></p> <p><span class="cls0">2. The Chair of the P-20 Data Coordinating Council appointed by the Governor pursuant to Section 3-163 of this title, who shall serve as Vice Chair of the Board;&nbsp;</span></p> <p><span class="cls0">3. The Chair of the Governor's Council for Workforce and Economic Development;&nbsp;</span></p> <p><span class="cls0">4. A chief executive officer of a company in this state, appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">5. An individual with primary responsibility for information technology for a company with a minimum of five hundred (500) employees in this state, appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">6. The Vice Chancellor of Academic Affairs for the Oklahoma State Regents for Higher Education, appointed by the Chancellor of Higher Education;&nbsp;</span></p> <p><span class="cls0">7. A president of a regional or comprehensive university within The Oklahoma State System of Higher Education, appointed by the Chancellor of Higher Education;&nbsp;</span></p> <p><span class="cls0">8. A teacher of a public school district, appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">9. A principal of a public school district, appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">10. A superintendent of a public school district, appointed by the President Pro Tempore of the Senate; and&nbsp;</span></p> <p><span class="cls0">11. A representative of a statewide parent-teacher organization, appointed by the President Pro Tempore of the Senate.&nbsp;</span></p> <p><span class="cls0">C. Initial appointments pursuant to the provisions of this section shall be made no later than July 1, 2009. Vacancies shall be filled by the original appointing authority.&nbsp;</span></p> <p><span class="cls0">D. A quorum which shall consist of six members must be present for the transaction of any business. The Board shall hold meetings at least on a quarterly basis. Members shall be reimbursed for travel in the performance of their official duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">E. The Board shall:&nbsp;</span></p> <p><span class="cls0">1. Review all functions related to the determination of adequate yearly progress as required under the Elementary and Secondary Education Act, P.L. No. 107-110;&nbsp;</span></p> <p><span class="cls0">2. Review processes for selection and approval of contracts and bid specifications for contracts by the State Department of Education with vendors for administration of testing and approval of test specifications and test blueprints necessary for the administration of the Oklahoma School Testing Program Act;&nbsp;</span></p> <p><span class="cls0">3. Review all tests administered by the State Department of Education and make recommendations to realign, recalibrate and improve the tests with a particular emphasis on grades three through eight and End-of-Instruction (EOI) tests;&nbsp;</span></p> <p><span class="cls0">4. Review processes for the establishment of cut scores for the Oklahoma School Testing Program Act;&nbsp;</span></p> <p><span class="cls0">5. Study the process by which student performance levels and the corresponding cut scores pursuant to the Oklahoma School Testing Program Act are determined and adopted, including the timing of cut score adoption;&nbsp;</span></p> <p><span class="cls0">6. Study the feasibility of ensuring that the cut scores are tied to the rigor of the tests and the rate and method by which scheduled increases in cut scores shall occur, including any link to national assessments;&nbsp;</span></p> <p><span class="cls0">7. Serve as an independent auditing entity for the purpose of evaluating the systems and processes by which the Oklahoma School Testing Program Act is implemented, ascertaining the validity and reliability of information or the deficiencies thereof; and&nbsp;</span></p> <p><span class="cls0">8. Make recommendations to the Legislature and the Governor on the Board's findings.&nbsp;</span></p> <p><span class="cls0">F. The Educational Quality and Accountability Board may seek the assistance of the Legislative Service Bureau to contract with an independent consultant as necessary to conduct the audit specified in paragraph 7 of subsection E of this section, contingent on the availability of funds.&nbsp;</span></p> <p><span class="cls0">G. Staff support for the Board will be provided by the Staff of the House of Representatives, Senate, Office of Management and Enterprise Services and Legislative Service Bureau.&nbsp;</span></p> <p><span class="cls0">H. Members who serve on the Educational Quality and Accountability Board shall be exempt from the dual office holding prohibitions of Section 6 of Title 51 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 456, &sect; 5, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 594.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-166. Educational Quality and Accountability Board Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Educational Quality and Accountability Board to be designated the "Educational Quality and Accountability Board Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Educational Quality and Accountability Board from state or federal funds, grants, and private donations. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Educational Quality and Accountability Board for the purpose of providing financial support to the Board in order to fulfill the duties as set forth in Section 3-165 of this title. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 456, &sect; 6, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 595.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-167. Exemption from participation in advisory council or committee.&nbsp;</span></p> <p><span class="cls0">For the fiscal years ending June 30, 2013, and June 30, 2014, the State Board of Education shall exempt all school districts from or waive any policy, rule or law which requires school districts to form, convene, or participate in any advisory council or committee, including but not limited to the requirement to convene an advisory council when preparing the school improvement plan as set forth in Section 5-117.4 of this title. School districts shall not be exempted from forming, convening or participating in an advisory council or committee if required by federal law or regulation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 457, &sect; 2. Amended by Laws 2012, c. 236, &sect; 2, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-168. Student Data Accessibility, Transparency and Accountability Act of 2013.&nbsp;</span></p> <p><span class="cls0">A. This section shall be known and may be cited as the "Student Data Accessibility, Transparency and Accountability Act of 2013".&nbsp;</span></p> <p><span class="cls0">B. As used in this act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Education;&nbsp;</span></p> <p><span class="cls0">2. "Department" means the State Department of Education;&nbsp;</span></p> <p><span class="cls0">3. "Data system" means the Oklahoma State Department of Education student data system;&nbsp;</span></p> <p><span class="cls0">4. "Aggregate data" means data collected and/or reported at the group, cohort, or institutional level;&nbsp;</span></p> <p><span class="cls0">5. "De-identified data" means a student dataset in which parent and student identifying information, including the state-assigned student identifier, has been removed;&nbsp;</span></p> <p><span class="cls0">6. "Student testing number" means the unique student identifier assigned by the state to each student that shall not be or include the Social Security number of a student in whole or in part; and&nbsp;</span></p> <p><span class="cls0">7. "Student data" means data collected and/or reported at the individual student level included in a student's educational record.&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;"Student data" includes:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;state and national assessment results, including information on untested public school students,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;course taking and completion, credits earned, and other transcript information,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;course grades and grade point average,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;date of birth, grade level and expected graduation date/graduation cohort,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;degree, diploma, credential attainment, and other school exit information such as General Educational Development and drop-out data,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;attendance and mobility,&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information,&nbsp;</span></p> <p class="cls5"><span class="cls0">(8)&nbsp;&nbsp;discipline reports limited to objective information sufficient to produce the federal Title IV Annual Incident Report,&nbsp;</span></p> <p class="cls5"><span class="cls0">(9)&nbsp;&nbsp;remediation,&nbsp;</span></p> <p class="cls5"><span class="cls0">(10)&nbsp;&nbsp;special education data, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(11)&nbsp;&nbsp;demographic data and program participation information.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Unless included in a student's educational record, "student data" shall not include:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;juvenile delinquency records,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;criminal records,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;medical and health records,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;student Social Security number, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;student biometric information.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Education shall:&nbsp;</span></p> <p><span class="cls0">1. Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system including:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any individual student data required to be reported by state and federal education mandates,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any individual student data which has been proposed for inclusion in the student data system with a statement regarding the purpose or reason for the proposed collection, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any individual student data that the State Department of Education collects or maintains with no current purpose or reason;&nbsp;</span></p> <p><span class="cls0">2. Develop, publish and make publicly available policies and procedures to comply with the Federal Family Educational Rights and Privacy Act (FERPA) and other relevant privacy laws and policies, including but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;access to student and de-identified data in the student data system shall be restricted to:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the authorized staff of the State Department of Education and the Department's contractors who require such access to perform their assigned duties, including staff and contractors from the Information Services Division of the Office of Management and Enterprise Services assigned to the Department,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;district administrators, teachers and school personnel who require such access to perform their assigned duties,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;students and their parents, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;the authorized staff of other state agencies in Oklahoma as required by law and/or defined by interagency data-sharing agreements,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the State Department of Education shall use only aggregate data in public reports or in response to record requests in accordance with paragraph 3 of this subsection,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the State Department of Education shall develop criteria for the approval of research and data requests from state and local agencies, the State Legislature, researchers and the public:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;unless otherwise approved by the State Board of Education, student data maintained by the State Department of Education shall remain confidential, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;unless otherwise approved by the State Board of Education to release student or de-identified data in specific instances, the Department may only use aggregate data in the release of data in response to research and data requests, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;notification to students and parents regarding their rights under federal and state law;&nbsp;</span></p> <p><span class="cls0">3. Unless otherwise approved by the State Board of Education, the State Department of Education shall not transfer student or de-identified data deemed confidential under division (1) of subparagraph c of paragraph 2 of subsection C of this section to any federal, state or local agency or other organization/entity outside of the State of Oklahoma, with the following exceptions:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a student transfers out of state or a school/district seeks help with locating an out-of-state transfer,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a student leaves the state to attend an out-of-state institution of higher education or training program,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a student registers for or takes a national or multistate assessment,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a student voluntarily participates in a program for which such a data transfer is a condition/requirement of participation,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the Department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a student is classified as "migrant" for federal reporting purposes;&nbsp;</span></p> <p><span class="cls0">4. Develop a detailed data security plan that includes:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;privacy compliance standards,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;privacy and security audits,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;breach planning, notification and procedures, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;data retention and disposition policies;&nbsp;</span></p> <p><span class="cls0">5. Ensure routine and ongoing compliance by the State Department of Education with FERPA, other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this act, including the performance of compliance audits;&nbsp;</span></p> <p><span class="cls0">6. Ensure that any contracts that govern databases, assessments or instructional supports that include student or de-identified data and are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance; and&nbsp;</span></p> <p><span class="cls0">7. Notify the Governor and the Legislature annually of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;new student data proposed for inclusion in the state student data system:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;any new student data collection proposed by the State Board of Education becomes a provisional requirement to allow districts and their local data system vendors the opportunity to meet the new requirement, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;the State Board of Education must submit any new "provisional" student data collection to the Governor and the Legislature for their approval within one (1) year in order to make the new student data a permanent requirement. Any provisional student data collection not approved by the Governor and the Legislature by the end of the next legislative session expires and is no longer required,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;changes to existing data collections required for any reason, including changes to federal reporting requirements made by the U.S. Department of Education,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;an explanation of any exceptions granted by the State Board of Education in the past year regarding the release or out-of-state transfer of student or de-identified data, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would itself pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education shall adopt rules for the State Department of Education to implement the provisions of the Student Data Accessibility, Transparency and Accountability Act of 2013.&nbsp;</span></p> <p><span class="cls0">E. Upon the effective date of this act, any existing collection of student data by the State Department of Education shall not be considered a new student data collection in accordance with subparagraph a of paragraph 7 of subsection C of this section.&nbsp;</span></p> <p><span class="cls0">F. Nothing in this act shall interfere with the State Department of Education's compliance with the Educational Accountability Reform Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 356, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-171. Oklahoma Advisory Council on Indian Education Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Oklahoma Advisory Council on Indian Education Act&rdquo;. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 313, &sect; 1, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-172. Purpose of act.&nbsp;</span></p> <p><span class="cls0">The purpose of the Oklahoma Advisory Council on Indian Education Act is to recognize the unique relationship that Oklahoma enjoys with the Indian tribes located within the state and how Native Americans and Indian tribes play a pivotal role in the educational system of the state in light of this special relationship. The further purpose of the act is to establish the Oklahoma Advisory Council on Indian Education. The purpose of creating the Council is to promote culturally relevant learning environments, educational opportunities and instructional material for Native American students enrolled in the public schools of the state. Because of the number of Native American students enrolled in public schools in the state, this objective will positively affect the educational success of all public school students and encourage further government-to-government cooperation between the State of Oklahoma and the sovereign Indian tribes located in Oklahoma. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 313, &sect; 2, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-3-173. Oklahoma Advisory Council on Indian Education.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Advisory Council on Indian Education. &nbsp;</span></p> <p><span class="cls0">B. The Council shall:&nbsp;</span></p> <p><span class="cls0">1. Make recommendations to the State Board of Education and the Superintendent of Public Instruction in educational matters affecting the education of Native American students; &nbsp;</span></p> <p><span class="cls0">2. Promote educational opportunities and improvement of the quality of education provided to Native American students throughout the state;&nbsp;</span></p> <p><span class="cls0">3. Advocate for Native American students in the state; and&nbsp;</span></p> <p><span class="cls0">4. Monitor and evaluate how the public education system of the state impacts Native American students.&nbsp;</span></p> <p><span class="cls0">C. The Council shall be composed of eighteen (18) members as follows:&nbsp;</span></p> <p><span class="cls0">1. Five members who shall each represent an Indian tribe in the state, of which at least one shall represent an Indian tribe which has an enrollment of less than ten thousand (10,000) members who reside in the state, appointed by the Governor from a list of nominations submitted by the different Indian tribes in the state; &nbsp;</span></p> <p><span class="cls0">2. Four members who shall each represent the tribal education departments of an Indian tribe in the state, appointed by the Governor from a list of nominations submitted by the different Indian tribes in the state; &nbsp;</span></p> <p><span class="cls0">3. One member who shall represent the Oklahoma Council on Indian Education, appointed by the Governor; &nbsp;</span></p> <p><span class="cls0">4. Two members who shall represent two different statewide organizations representing public school teachers, appointed by the President Pro Tempore of the Senate; &nbsp;</span></p> <p><span class="cls0">5. One member who shall represent a statewide organization representing public school superintendents appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">6. One member who shall represent Oklahoma tribal colleges, appointed by the Chancellor of Higher Education; &nbsp;</span></p> <p><span class="cls0">7. The Director of the Native American Cultural and Educational Authority, or designee; &nbsp;</span></p> <p><span class="cls0">8. The Chancellor of Higher Education, or designee; &nbsp;</span></p> <p><span class="cls0">9. The Director of the Oklahoma Department of Career and Technology Education, or designee; and&nbsp;</span></p> <p><span class="cls0">10. The Superintendent of Public Instruction, or designee.&nbsp;</span></p> <p><span class="cls0">D. Appointments to the Council shall be made by September 1, 2010. The first meeting of the Council shall be called by the Superintendent of Public Instruction. At the first meeting, the members of the Council shall elect a chair and vice-chair from among the members. Meetings of the Council shall be held at least quarterly at the call of the chair. Members shall serve at the pleasure of their appointing authorities. A majority of the members of the Council shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Council. A vacancy on the Council shall be filled by the original appointing authority. The State Department of Education, Oklahoma Department of Career and Technology Education, and the Oklahoma State Regents for Higher Education shall provide staff, support and information as requested by the Council.&nbsp;</span></p> <p><span class="cls0">E. Members of the Council shall receive no compensation for serving on the Council, but shall receive travel reimbursement as follows:&nbsp;</span></p> <p><span class="cls0">1. State employees who are members of the Council shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act; and&nbsp;</span></p> <p><span class="cls0">2. All other members of the Council shall be reimbursed by the Office of Management and Enterprise Services for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">F. The Council shall act in accordance with the provisions of the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">G. Members who serve on the Council shall be exempt from the dual-office-holding prohibitions of Section 6 of Title 51 of the Oklahoma Statutes. &nbsp;</span></p> <p><span class="cls0">H. The Council shall have the following duties:&nbsp;</span></p> <p><span class="cls0">1. Identify strategies for developing an efficient and reliable process of communications between Oklahoma education entities, educators, tribal organizations and other interested parties; &nbsp;</span></p> <p><span class="cls0">2. Identify and disseminate research-based, measurable criteria, both behavioral and academic, by which the success and efficacy of the education offered to Native American students in Oklahoma may be measured; &nbsp;</span></p> <p><span class="cls0">3. Analyze data to ensure that education agencies in Oklahoma continue to address the education needs of Native American students; &nbsp;</span></p> <p><span class="cls0">4. Encourage and promote Native American educational leadership at all levels of the education system; and &nbsp;</span></p> <p><span class="cls0">5. Make recommendations to the State Board of Education for programs that will help achieve the purposes of the Oklahoma Advisory Council on Indian Education Act.&nbsp;</span></p> <p><span class="cls0">I. The Council shall evaluate and make an annual report on the effectiveness of the public education system in Oklahoma in meeting the needs of Native American students in Oklahoma. The report shall be submitted to the State Board of Education. The report shall also contain a summary of the findings made by the Council pursuant to subsection H of this section, a summary of all data collected by the Council, a summary of the means by which all data was collected by the Council, and any other information deemed necessary by the Council.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 313, &sect; 3, eff. July 1, 2010. Amended by Laws 2012, c. 304, &sect; 596.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-4. Repealed by Laws 1941, p. 416, &sect; 8.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-6. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-8. Repealed by Laws 1951, c. 235, &sect; 34.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-9. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-10. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-11. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-11.1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-12. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-13. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-14. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-15. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-16. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-17. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-18. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-19. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-20. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-21. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-22. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-23. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-24. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-25. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-26. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-27. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-28. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-29. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-30. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-31. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-31a. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-32. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-33. Repealed by Laws 1963, c. 275, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-33.1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-34. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-35. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-36. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-37. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-38. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-39. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-40. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-41. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-42. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-43. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-44. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-45. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-46. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-47. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-48. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-49. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-101. Abolition of office of county superintendent of schools.&nbsp;</span></p> <p><span class="cls0">As of July 1, 1993, the office of county superintendent of schools in and for each county in Oklahoma is hereby abolished.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 4-101, eff. July 2, 1971; Laws 1972, c. 155, &sect; 1, emerg. eff. April 7, 1972; Laws 1977, 1st Ex.Sess., c. 1, &sect; 23, emerg. eff. June 21, 1977; Laws 1993, c. 239, &sect; 22, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-4-102. Repealed by Laws 1980, c. 180, &sect; 6, emerg. eff. May 13, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-103. Repealed by Laws 1989, 1st Ex. Sess., c. 2, &sect; 121, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-104. School district boundaries - Duties of county clerk.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 4-104, eff. July 2, 1971. Amended by Laws 1991, c. 16, &sect; 1, eff. July 1, 1991; Laws 1993, c. 239, &sect; 23, eff. July 1, 1993.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-4-104.1. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-105. Incapacity, absence or vacancy in office of county superintendent - Powers of deputies and State Board of Education.&nbsp;</span></p> <p><span class="cls0">The first deputy county superintendent of schools shall have authority to approve transfers if the county superintendent shall be unable to act due to illness or absence from his office. If there is no person serving as county superintendent or deputy county superintendent in a county, the State Board of Education may legally disburse state aid funds to the school districts of the county, and said State Board of Education shall have authority to designate one of its employees to perform the duties that are prescribed by law to be performed by the county superintendent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 4-105, eff. July 2, 1971. Amended by Laws 1979, c. 221, &sect; 16, emerg. eff. May 30, 1979.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-4-106. Assisting Board of Education in performance of its duties, functions and responsibilities.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall have the authority to require the county superintendent of schools to assist the Board in the performance and discharge of any of its duties, functions and responsibilities in the county for which the county superintendent of schools shall have been elected or appointed; and state funds for supplementing the salary payable to the county superintendent of schools may be withheld if he fails or refuses to give such assistance upon proper request.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 4-106, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-4-107. Neglect of duty - punishment.&nbsp;</span></p> <p><span class="cls0">Every county superintendent of schools who shall neglect or refuse to perform any act which it is his duty to perform or who shall corruptly or oppressively perform such duties shall forfeit his office and be liable on his official bond for damages occasioned thereby.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 4-107, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-4-108. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-109. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-110. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-111. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-112. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-200. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-4-201. Transfer and preservation of records - Additional salaries.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 253, &sect; 1, emerg. eff. May 22, 1992. Amended by Laws 1993, c. 239, &sect; 24, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5. Repealed by Laws 1949, p. 607, art. 20, &sect; 9.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-1. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-2. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-3. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-4. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-5. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-6. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-7. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-8. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-9. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-10. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-11. Repealed by Laws 1965, c. 18, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-12. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-13. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-14. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-15. Repealed by Laws 1953, p. 384, &sect; 30.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-16. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-17. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-18. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-19. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-20. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-21. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-22. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-101. School districts - Designation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-101, eff. July 2, 1971. Amended by Laws 1991, c. 16, &sect; 2, eff. July 1, 1991; Laws 1993, c. 239, &sect; 25, eff. July 1, 1993; Laws 2001, c. 33, &sect; 70, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705102. Independent school districts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 5102, eff. July 2, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;705103. Elementary school districts.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 5103, eff. July 2, 1971; Laws 1976, c. 116, &sect; 1, emerg. eff. May 14, 1976; Laws 1991, c. 3, &sect; 2, eff. July 1, 1991. &nbsp;</span></p> <p><span class="cls0">&sect;70-5-103.1. Elementary school districts - Prohibition on certain grades.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 150, &sect; 1, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705104. Designation of district retained on records When.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 5104, eff. July 2, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;705105. School district Body corporate Powers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 5105, eff. July 2, 1971; Laws 1991, c. 3, &sect; 3, eff. July 1, 1991; Laws 1993, c. 239, &sect; 26, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-106. Governing body of school district.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-106, eff. July 2, 1971. Amended by Laws 1985, c. 329, &sect; 19, emerg. eff. July 30, 1985; Laws 1993, c. 257, &sect; 10, emerg. eff. May 26, 1993; Laws 1997, c. 18, &sect; 1, eff. Nov. 1, 1997; Laws 2003, c. 455, &sect; 1, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-106A. Employment contracts with more than one school district.&nbsp;</span></p> <p><span class="cls0">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&rsquo; Retirement System of Oklahoma the district&rsquo;s pro rata share of the payment required to be paid into the System on behalf of the employee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 455, &sect; 4, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-107. Repealed by Laws 1972, c. 216, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-107A. Boards of education of school districts - Membership - Election procedure.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">District&nbsp;&nbsp;Members&nbsp;&nbsp;Term (Years)&nbsp;</span></p> <p><span class="cls0">Elementary&nbsp;&nbsp;3&nbsp;&nbsp;3&nbsp;</span></p> <p><span class="cls0">Independent&nbsp;</span></p> <p class="cls6"><span class="cls0">1. Districts having a five-member board&nbsp;&nbsp;5&nbsp;&nbsp;5&nbsp;</span></p> <p class="cls6"><span class="cls0">2. Districts having a seven-member board unless an election is conducted pursuant to subsection C of this section&nbsp;&nbsp;7&nbsp;&nbsp;4&nbsp;</span></p> <p><span class="cls0">B. In all school districts, the members of the board of education shall be elected as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">1.&nbsp;&nbsp;a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Elementary school districts shall have board members elected at large.&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls7"><span class="cls0">Office No. 1&nbsp;&nbsp;1991&nbsp;</span></p> <p class="cls7"><span class="cls0">Office No. 2&nbsp;&nbsp;1992&nbsp;</span></p> <p class="cls7"><span class="cls0">Office No. 3&nbsp;&nbsp;1993&nbsp;</span></p> <p class="cls7"><span class="cls0">Office No. 4&nbsp;&nbsp;1994&nbsp;</span></p> <p class="cls7"><span class="cls0">Office No. 5&nbsp;&nbsp;1995&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 216, &sect; 1. Amended by Laws 1979, c. 225, &sect; 1, eff. Oct. 1, 1979; Laws 1980, c. 186, &sect; 1, emerg. eff. May 12, 1980; Laws 1983, c. 295, &sect; 1, emerg. eff. June 23, 1983; Laws 1989, c. 132, &sect; 5, eff. June 1, 1990; Laws 1990, c. 257, &sect; 1, eff. July 1, 1990; Laws 1991, c. 3, &sect; 4, eff. July 1, 1991; Laws 1991, c. 330, &sect; 1; Laws 1992, c. 254, &sect; 1, emerg. eff. May 22, 1992; Laws 1993, c. 45, &sect; 3, emerg. eff. April 9, 1993; Laws 1994, c. 360, &sect; 5, eff. July 1, 1994; Laws 1998, c. 124, &sect; 1, eff. July 1, 1998; Laws 2000, c. 280, &sect; 2, emerg. eff. June 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-107B. Expansion of a board of education - Chair and other positions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s resignation or vacancy of the office following the election on the question.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 280, &sect; 1, emerg. eff. June 1, 2000. Amended by Laws 2001, c. 413, &sect; 3, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-108. Repealed by Laws 1989, c. 132, &sect; 7, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-109. Repealed by Laws 1972, c. 216, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-110. Instructional requirements for new board members - Reimbursement for expenses - Agreement to attend when candidate files notification and declaration - Registration fee.&nbsp;</span></p> <p><span class="cls0">A. A school district elector who is elected or appointed to be a member of a school district board of education prior to January 1, 2014, shall obtain instruction on education issues in accordance with rules promulgated by the State Board of Education. Except as provided in subsection B of this section, at the time a school district elector files a notification and declaration of candidacy for the office of school district board of education membership or is appointed to be a member of a school district board of education on or after January 1, 2014, the elector shall agree and pledge in writing that, within fifteen (15) months of election or appointment as a member of the district board of education, the member will complete at least twelve (12) hours of instruction on education issues in the following areas: school finance; legal issues, which include but are not limited to employment, due process, new laws, the Oklahoma Open Records Act and the Oklahoma Open Meeting Act; and duties and responsibilities, which include but are not limited to special education and ethics, of district board of education members. Each elector shall agree and pledge in writing to complete at least one (1) hour of instruction in school finance, one (1) hour of instruction in the Oklahoma Open Records Act and the Oklahoma Open Meeting Act and one (1) hour of instruction in ethics. The remaining hours may be satisfied by attending a two-day workshop to be held within the state by the State Department of Education, by the Oklahoma Department of Career and Technology Education, or by attending workshops, seminars or classes which address the above-mentioned subject matter, and which are sponsored by any organization approved by the State Board of Education, including but not limited to institutions of higher education. The State Board of Education shall promulgate rules by which an organization or particular courses offered by an organization may be approved for purposes of fulfilling the instructional requirements set out in this section.&nbsp;</span></p> <p><span class="cls0">B. When an incumbent of a district board of education files a notification and declaration of candidacy for reelection to the district board of education, the member shall be required to agree and pledge in writing that upon reelection the member will complete six (6) hours of instruction, within fifteen (15) months of election, including one (1) hour of instruction in school finance, one (1) hour of instruction in the Oklahoma Open Records Act and the Oklahoma Open Meeting Act and one (1) hour of instruction in ethics. The remaining hours may be satisfied by attending a workshop, class or seminar addressing the education issues set forth in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. The State Department of Education shall, immediately after the annual elections of various district board of education members, determine the members of the district boards of education pledged to complete the instructional requirements established in subsections A and B of this section, and shall notify the members of the time and place where workshops, classes and seminars are to be conducted. Upon completion of the instructional requirements, the certificate of completion shall be included in the public records of the school board's minutes. Each school board member, except for an incumbent member, shall be required within fifteen (15) months following or preceding election to complete the workshop established by subsection A of this section or to attend twelve (12) hours of other state workshops, classes or seminars conducted as instruction on the subjects of school finance, legal issues, and the ethics, duties and responsibilities of district board of education members, including at least one (1) hour of instruction in school finance, one (1) hour of instruction in the Oklahoma Open Records Act and the Oklahoma Open Meeting Act and one (1) hour of instruction in ethics.&nbsp;</span></p> <p><span class="cls0">D. If a school board member, including an incumbent member, has not satisfied the instructional requirements as set forth in this section within fifteen (15) months of election, reelection or appointment, the district board of education shall declare the seat of the member vacant and fill the vacancy according to law. A school board member who is required to vacate a school board seat pursuant to this subsection shall be ineligible to be reappointed or to run for reelection to that respective board seat on the school district board of education or to run for election to any other board seat on the board of education for a three-year period for three-member boards, for a four-year period for seven-member boards or for a five-year period for five-member boards.&nbsp;</span></p> <p><span class="cls0">E. All government departments, agencies and institutions of this state are directed to lend assistance as may be required by the State Department of Education for the proper conduct and administration of the workshops as authorized in subsection A of this section. The State Department of Education shall maintain a permanent record of each district board of education member who successfully completes a workshop and shall issue a certificate of completion to the member.&nbsp;</span></p> <p><span class="cls0">F. The State Department of Education, the Oklahoma Department of Career and Technology Education, and, upon approval of the State Board of Education, any organization or association representing district boards of education in this state are authorized to charge persons pledged to attend a workshop, class or seminar for purposes of meeting the instructional requirements of this section, a registration fee sufficient to defray the estimated costs of presenting the workshop, class or seminar and to collect the fees at the time of registration.&nbsp;</span></p> <p><span class="cls0">G. Any member of a district board of education or any individual elected, certified as the elected member by the county election board, but not sworn in and seated as a member of a district board of education at the time of a workshop, class or seminar presented by the State Board of Education, the Oklahoma Department of Career and Technology Education, or an organization or association representing district boards of education within the state who attends and successfully completes a workshop, class or seminar as required by subsection A or B of this section shall be reimbursed by the school district in accordance with the travel reimbursement policy of the district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-110, eff. July 2, 1971. Amended by Laws 1980, c. 231, &sect; 1, eff. Oct. 1, 1980; Laws 1984, c. 132, &sect; 1; Laws 1986, c. 99, &sect; 1, eff. Nov. 1, 1986; Laws 1989, 1st Ex.Sess., c. 2, &sect; 26, emerg. eff. April 25, 1990; Laws 1990, c. 293, &sect; 7, eff. Sept. 1, 1990; Laws 1991, c. 180, &sect; 1, emerg. eff. May 13, 1991; Laws 1992, c. 254, &sect; 2, emerg. eff. May 22, 1992; Laws 1994, c. 360, &sect; 6, eff. July 1, 1994; Laws 2005, c. 472, &sect; 4, eff. July 1, 2005; Laws 2008, c. 439, &sect; 3, eff. July 1, 2008; Laws 2012, c. 192, &sect; 1, emerg. eff. May 7, 2012; Laws 2012, c. 354, &sect; 4; Laws 2013, c. 17, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1990, c. 257, &sect; 2 repealed by Laws 1991, c. 180, &sect; 2, emerg. eff. May 13, 1991 and Laws 1991, c. 335, &sect; 36, emerg. eff. June 15, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-110.1. Board members - Continuing education requirement.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. This section shall not apply to those school board members who file for reelection prior to July 1, 1991.&nbsp;</span></p> <p><span class="cls0">D. Failure by a board member to satisfy the continuing education requirements of this section shall result in the ineligibility of the member to be reappointed or run for reelection to that respective board seat on the school district board of education or to run for election to any other board seat on the board of education for a three-year period for three-member boards, for a four-year period for seven-member boards or for a five-year period for five-member boards.&nbsp;</span></p> <p><span class="cls0">E. The State Department of Education, the Oklahoma Department of Career and Technology Education, and any organization approved by the State Board of Education, including but not limited to institutions of higher education, may charge persons attending continuing education courses a registration fee sufficient to defray the estimated costs of presenting the course. The registration fees for each course shall be announced prior to the date of such course.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 10, &sect; 1, operative July 1, 1989. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 27, emerg. eff. April 25, 1990; Laws 1990, c. 257, &sect; 3, emerg. eff. May 23, 1990; Laws 1994, c. 360, &sect; 7, eff. July 1, 1994; Laws 1996, c. 178, &sect; 1, eff. July 1, 1996; Laws 2001, c. 140, &sect; 1, eff. July 1, 2001; Laws 2001, c. 414, &sect; 9, eff. July 1, 2001; Laws 2005, c. 472, &sect; 5, eff. July 1, 2005; Laws 2008, c. 439, &sect; 4, eff. July 1, 2008; Laws 2012, c. 192, &sect; 2, emerg. eff. May 7, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2001, c. 33, &sect; 71 repealed by Laws 2001, c. 414, &sect; 14, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-110.2. Records of attendance at continuing education events.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 284, &sect; 2, eff. Sept. 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-111. Repealed by Laws 1994, c. 360, &sect; 10, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-112. Repealed by Laws 1988, c. 296, &sect; 12, eff. June 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-113. Relation by affinity or consanguinity - Prohibition.&nbsp;</span></p> <p><span class="cls0">A. No person shall be eligible to be a candidate for or serve on a board of education if the person is currently employed by the school district governed by that board of education or is related within the second degree by affinity or consanguinity to any other member of the board of education or to any employee of the school district governed by the board of education. The purpose of this section is both to prohibit persons who are related within the second degree by affinity or consanguinity from serving simultaneously on the same board of education of any school district of this state and to prohibit persons who are related within the second degree of consanguinity or affinity to an employee of a school district from serving on the board of education governing the school district while such relative is employed.&nbsp;</span></p> <p><span class="cls0">B. If the relationship is based on affinity, the prohibitions in this section shall not apply to prevent members of boards of education who are serving on September 1, 1995, from serving the term for which they were elected or from serving successive terms for which they may be elected, unless it is the member's spouse who is a member of the board of education or an employee of the school district, then such prohibitions shall apply.&nbsp;</span></p> <p><span class="cls0">C. The prohibitions set forth in this section shall not apply if the person related to the board member within the second degree of affinity or consanguinity is employed as a substitute teacher by the school district pursuant to the provisions of Section 6-105 of this title or as a temporary substitute support employee if the school district has an Average Daily Membership (ADM) of less than five thousand (5,000).&nbsp;</span></p> <p><span class="cls0">D. Any member of a board of education who violates the provisions of this section shall be subject to the penalties prescribed by Sections 485 and 486 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5113, eff. July 2, 1971. Amended by Laws 1992, c. 254, &sect; 3, eff. Sept. 1, 1992; Laws 1994, c. 360, &sect; 8, eff. July 1, 1994; Laws 1995, c. 257, &sect; 2, emerg. eff. May 25, 1995; Laws 2009, c. 253, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-113.1. Relation by consanguinity or affinity with school board member prohibited in employment or contracts - Exemptions - Executive sessions of board - Collective bargaining agreements.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in this section, no person may be employed or put under contract by a school district if that person is related to a member of the board of education of that school district within the second degree of consanguinity or affinity. A teacher or employee already under contract to or otherwise employed by the school district at the time the relationship is established may continue in said employment. Except as otherwise provided, a board member already serving at the time the relationship is established may serve out the term for which the member was elected but shall not be eligible to be a candidate for or serve successive terms of office for which the member may be elected.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not prevent a board member from serving successive terms of office if otherwise eligible under the provision of Section 5-113 of this title. No member of the board of education who has resigned from the board before the term of the person has expired may be reappointed to the board to complete the remainder of the term if a teacher or employee related to the resigned member of the board within the second degree of consanguinity or affinity was put under contract or otherwise employed by the school district after the board member resigned.&nbsp;</span></p> <p><span class="cls0">C. The provisions of this section shall not prevent a person who is related to a member of the board of education within the second degree of consanguinity or affinity from being employed by the school district as a substitute teacher pursuant to the provisions of Section 6-105 of this title or as a temporary substitute support employee if the school district has an Average Daily Membership (ADM) of less than five thousand (5,000).&nbsp;</span></p> <p><span class="cls0">D. Any member of a board of education who is related to a teacher or other employee of the district within the second degree of consanguinity or affinity shall not attend or participate in any regular or executive session of the board held to consider any personnel matter or litigation relating to said teacher or employee. The member may vote on collective bargaining agreements or the renewal of contracts as a group if the vote is necessary to form a quorum of the board of education members. If more than one member of the board of education is related to a teacher or employee, only the minimum number of those members which is necessary to form a quorum shall be allowed to vote. Each board of education so affected shall adopt a written policy establishing procedures on when such a member may vote on the renewal of contracts or collective bargaining agreements.&nbsp;</span></p> <p><span class="cls0">E. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 192, &sect; 1, emerg. eff. May 17, 1979. Amended by Laws 1980, c. 87, &sect; 1, emerg. eff. April 9, 1980; Laws 1982, c. 106, &sect; 1, emerg. eff. April 6, 1982; Laws 1983, c. 106, &sect; 1, emerg. eff. May 10, 1983; Laws 1984, c. 296, &sect; 43, operative July 1, 1984; Laws 1989, c. 299, &sect; 3, emerg. eff. May 24, 1989; Laws 1991, c. 317, &sect; 1, emerg. eff. June 12, 1991; Laws 1992, c. 254, &sect; 4, eff. Sept. 1, 1992; Laws 1994, c. 360, &sect; 9, eff. July 1, 1994; Laws 1995, c. 322, &sect; 26, eff. July 1, 1995; Laws 2009, c. 253, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-113.2. Board member involved in certain litigation may be denied participation in executive sessions of school board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 254, &sect; 5, emerg. eff. May 22, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705114. County treasurer as district treasurer Local and assistant local treasurer Estimate of needs Charge for services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-114, eff. July 2, 1971. Amended by Laws 1980, c. 220, &sect; 1, emerg. eff. May 30, 1980; Laws 1981, c. 175, &sect; 1; Laws 1982, c. 4, &sect; 1, operative July 1, 1982; Laws 1988, c. 90, &sect; 14, operative July 1, 1988; Laws 1999, c. 327, &sect; 4, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-115. Local treasurer - Surety bond - Duties - Cash and investment ledgers.&nbsp;</span></p> <p><span class="cls0">A. Unless the context clearly shows otherwise, the term &ldquo;treasurer&rdquo;, 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Obligations to the payment of which the full faith and credit of this state is pledged;&nbsp;</span></p> <p><span class="cls0">3. Certificates of deposits of banks when such certificates of deposits are secured by acceptable collateral as in the deposit of other public monies;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. Warrants, bonds or judgments of the school district;&nbsp;</span></p> <p><span class="cls0">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&rsquo;s budget. To be qualified, a pooled investment program for school funds must be governed through an interlocal cooperative agreement formed pursuant to Section 5-117b of this title, and the program must competitively select its investment advisors and other professionals. Any pooled investment program used must be approved by the board of education; or&nbsp;</span></p> <p><span class="cls0">10. Investment programs administered by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-115, eff. July 2, 1971. Amended by Laws 1985, c. 82, &sect; 4, eff. Nov. 1, 1985; Laws 1986, c. 259, &sect; 52, operative July 1, 1986; Laws 1988, c. 90, &sect; 15, operative July 1, 1988; Laws 1992, c. 211, &sect; 11, eff. July 1, 1992; Laws 1999, c. 327, &sect; 5, eff. July 1, 1999; Laws 2000, c. 136, &sect; 15, eff. July 1, 2000; Laws 2000, c. 334, &sect; 7, eff. July 1, 2000; Laws 2001, c. 33, &sect; 72, eff. July 1, 2001; Laws 2012, c. 222, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2000, c. 43, &sect; 1 repealed by Laws 2000, c. 334, &sect; 8, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-115a. Repealed by Laws 2004, c. 361, &sect; 33, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-115b. Expiration of treasurer&rsquo;s term of office &ndash; Delivery of check or warrant registers to successor &ndash; Agreement to pay interest on checks or warrants not payable due to insufficient funds.&nbsp;</span></p> <p><span class="cls0">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. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 18, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-116. Oath of Office.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">"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."&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-116, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-116a. Superintendent and officers &ndash; Employment requirement &ndash; Surety bonds.&nbsp;</span></p> <p><span class="cls0">A. The superintendent and any financial officer of a school district shall be required to furnish a surety bond in the penal sum of not less than One Hundred Thousand Dollars ($100,000.00) or an amount otherwise set by law or set by the State Board of Education, to be approved as provided by law, and to assure the faithful performance of the duties of the covered officer and employees.&nbsp;</span></p> <p><span class="cls0">B. Whenever the superintendent or any officer or other employee of any school district is required to furnish a surety bond as a prerequisite to employment as provided for in this section or any other law, the requirement as to terms, conditions, penalty, amount or quality or type of surety shall be deemed to mean the furnishing of a separate bond or surety contract for each individual officer or employee, or the furnishing of a "blanket bond". For purposes of this section, &ldquo;blanket bond&rdquo; means a school district officer and employees blanket position bond which covers all officers and employees up to the penalty of the bond for each officer and employee and the full penalty of the bond is always enforced during its term and no restoration is necessary and there is no additional premium after a loss is paid.&nbsp;</span></p> <p><span class="cls0">C. All surety bonds as required by this section or other laws shall be furnished by a company duly qualified under the insurance laws of this state and shall be purchased by the school district. Each surety bond shall be payable to the school district and, 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 222, &sect; 1, eff. Sept. 1, 1994. Amended by Laws 2009, c. 250, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-117. Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. The board of education of each school district shall have power to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Designate the schools to be attended by the children of the district;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p class="cls2"><span class="cls0">8.&nbsp;&nbsp;a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Subject to the restrictions of liability in the Governmental Tort Claims Act:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;insure against the expense of defending a claim against the school district or its employee, whether or not liability exists on such claim.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;The cost or premium of any such insurance is a proper expenditure of the school district.&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Any insurance authorized by law to be purchased, obtained or provided by a school district may be provided by:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;insurance in any insurer authorized to transact insurance in this state,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;insurance secured in accordance with any other method provided by law, or&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;any combination of insurance authorized by this section.&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;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, except as to the provisions of Section 607.1 of Title 36 of the Oklahoma Statutes. Two or more school districts may also be insured under a master policy or contract of insurance. Premium costs may be set individually for each school district or apportioned among participating school districts as provided by the master policy or contract;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">11. Dispose of personal or real property no longer needed by the district by sale, exchange, lease, lease-purchase, sale and partial lease back, or otherwise. Real property shall be conveyed pursuant to a public sale, public bid, or private sale; provided however, unless otherwise prohibited by law, the board of education of a consolidated or annexed school district or any other school district may convey real property to a local political subdivision or to an educational institution within The Oklahoma State System of Higher Education 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;&nbsp;</span></p> <p><span class="cls0">12. Purchase necessary property, equipment, furniture, and supplies necessary to maintain and operate an adequate school system;&nbsp;</span></p> <p><span class="cls0">13. Incur all expenses, within the limitations provided for by law, necessary to perform all powers granted by the provisions of this section;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">17. Provide for employees' leaves of absence without pay;&nbsp;</span></p> <p><span class="cls0">18. Exercise sole control over all the schools and property of the district, subject to other provisions of the Oklahoma School Code;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The board of education of any school district may rent real and personal property, if such items are necessary for the operation of the school, and pay the rental charges for the usage during any fiscal year, or portion thereof, out of appropriations made and approved for current expense purposes during the fiscal year. Any rental contract extending beyond June 30 of the fiscal year shall be void unless it contains provisions for mutual ratification of renewal pursuant to the conditions provided for in this subsection. It is the intent of this subsection to authorize boards of education to enter into lease contracts but not to incur any obligation against the school district in excess of the income and revenue provided for such purposes for the fiscal year in which the lease contract is operative. Any lease or lease-purchase agreement entered into by any board of education shall state the purchase price of real or personal property so leased. The lease or lease-purchase shall not be extended so as to cause payment of more than the original purchase price of the real or personal property, plus interest not to exceed the legal rate. When the purchase price plus interest has been paid, the property shall belong to the lessee and the lessor shall deliver a deed or bill of sale to the property to the lessee. When any real or personal property has been leased or rented during any fiscal year pursuant to the provisions of any contract which permits continuance of the rental for the remainder of the fiscal year, the renting or leasing of the property shall be continued for the remainder of the fiscal year unless the board of education renting or leasing the same certifies by proper resolution entered in the minutes of the board of education that the continuance of the rental is unnecessary and contrary to the public interest. Any lease-purchase agreement entered into shall include the right of a school district to acquire buildings, equipment or other facilities or discrete components thereof or improve school sites through a lease-purchase agreement. A school district may use proceeds derived from the sale of bonds as authorized by Section 26 of Article X of the Oklahoma Constitution to make lease-purchase payments, including interest, under a lease-purchase agreement. For purposes of this subsection, the term "acquired" as used in Section 26 of Article X of the Oklahoma Constitution shall mean the possession, control, or power to dispose of personal or real property.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-117, eff. July 2, 1971. Amended by Laws 1972, c. 166, &sect; 1, emerg. eff. April 7, 1972; Laws 1979, c. 184, &sect; 1; Laws 1982, c. 143, &sect; 1; Laws 1983, c. 189, &sect; 1, emerg. eff. June 14, 1983; Laws 1987, c. 204, &sect; 63, operative July 1, 1987; Laws 1988, c. 90, &sect; 16, operative July 1, 1988; Laws 1989, c. 315, &sect; 57, operative July 1, 1989; Laws 1990, c. 221, &sect; 6, operative July 1, 1990; Laws 1991, c. 280, &sect; 57, eff. July 1, 1991; Laws 1992, c. 111, &sect; 2, emerg. eff. April 21, 1992; Laws 1993, c. 361, &sect; 3, eff. July 1, 1993; Laws 1994, c. 362, &sect; 4, eff. July 1, 1994; Laws 1995, c. 165, &sect; 3, emerg. eff. May 2, 1995; Laws 1996, c. 121, &sect; 1, eff. July 1, 1996; Laws 1998, c. 217, &sect; 2, eff. July 1, 1998; Laws 1998, c. 365, &sect; 8, eff. July 1, 1998; Laws 1999, c. 149, &sect; 6, eff. July 1, 1999; Laws 1999, c. 327, &sect; 1, eff. July 1, 1999; Laws 2000, c. 6, &sect; 18, emerg. eff. March 20, 2000; Laws 2000, c. 280, &sect; 3, emerg. eff. June 1, 2000; Laws 2002, c. 483, &sect; 2, eff. July 1, 2002; Laws 2003, c. 3, &sect; 78, emerg. eff. March 19, 2003; Laws 2003, c. 173, &sect; 2, eff. July 1, 2003; Laws 2003, c. 455, &sect; 2, eff. July 1, 2003; Laws 2004, c. 71, &sect; 1, eff. July 1, 2004; Laws 2005, c. 472, &sect; 6, eff. July 1, 2005; Laws 2009, c. 250, &sect; 3, eff. July 1, 2009; Laws 2010, c. 123 &sect; 1, emerg. eff. April 16, 2010; Laws 2013, c. 306, &sect; 2, emerg. eff. May 16, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1999, c. 244, &sect; 1 repealed by Laws 2000, c. 6, &sect; 33, emerg. eff. March 20, 2000. Laws 2002, c. 283, &sect; 1 repealed by Laws 2003, c. 3, &sect; 79, emerg. eff. March 19, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;705117.1. Cooperative contracts.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The transfer of students between the two school districts;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. The use of districtowned school buses to transport students to and from the schools operated in the school districts; and&nbsp;</span></p> <p><span class="cls0">4. Such other cooperative agreements as will be necessary to provide quality education for all students residing or attending schools in the school districts.&nbsp;</span></p> <p><span class="cls0">Laws 1976, c. 38, &sect; 1, eff. July 1, 1976. Amended by Laws 1990, c. 293, &sect; 3, eff. Sept. 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-117.1a. Correctional facilities - Operation within restricted school areas - Vote by board of education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 290, &sect; 6, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705117.2. Additional authorization.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1976, c. 38, &sect; 2, eff. July 1, 1976. Amended by Laws 1990, c. 293, &sect; 4, eff. Sept. 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705117.3. Average daily attendance.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1976, c. 38, &sect; 3, eff. July 1, 1976. Amended by Laws 1990, c. 293, &sect; 5, eff. Sept. 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-117.4. School improvement plan.&nbsp;</span></p> <p><span class="cls0">A. Each local board of education shall, after convening an advisory council that includes teachers and parents, and after holding at least one public hearing, adopt a six-year school improvement plan for the district. Each school improvement plan shall include stated goals that clearly delineate educational expectations, and shall be annually monitored and updated as necessary. The alternative education plan for the school district as required in subsection B of Section 1210.566 of this title shall be included in the school improvement plan. The plan shall also include a specific program of improvement through academic skill reinforcement and/or remediation pursuant to the provisions of the Oklahoma School Testing Program Act. The plan shall include an evaluation of the instructional program in the basic skills areas as specified in paragraphs 1 and 2 of subsection A of Section 11-103 of this title and specific plans whereby schools within the district will initiate the planning process of meeting or exceeding the accreditation requirements in Section 3-104.4 of this title. The six-year school improvement plan shall include a consideration of the feasibility of participation in any programs which consist of state exemption from educational-related statutes or rules.&nbsp;</span></p> <p><span class="cls0">B. As set forth in Section 1210.544 of this title, the State Board of Education shall establish a process to identify schools in the state that are consistently listed as persistently low-achieving schools in accordance with subsection (g)(6) of Section 1003 of Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended. A school district board of education with a school identified as being among the persistently lowest-achieving schools in the state shall, in addition to the requirements set forth in Section 1210.544 of this title, submit an annual update to the school improvement plan to the State Board of Education. The annual update to the school improvement plan shall be submitted electronically.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Education shall promulgate rules for monitoring compliance with the provisions of this section by school districts.&nbsp;</span></p> <p><span class="cls0">D. The State Department of Education shall provide training for regional accreditation officers in alternative education program compliance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 329, &sect; 17, emerg. eff. July 30, 1985. Amended by Laws 1986, c. 259, &sect; 64, operative July 1, 1986; Laws 1987, c. 186, &sect; 2, eff. Nov. 1, 1987; Laws 1989, c. 315, &sect; 58, operative July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, &sect; 39, emerg. eff. April 25, 1990; Laws 1995, c. 307, &sect; 5, eff. July 1, 1995; Laws 2002, c. 289, &sect; 2, eff. July 1, 2002; Laws 2012, c. 354, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-117.5. Employee health insurance plans.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 165, &sect; 1, operative July 1, 1988. Amended by Laws 1991, c. 219, &sect; 1, emerg. eff. May 22, 1991; Laws 1993, c. 359, &sect; 1, eff. July 1, 1993; Laws 2001, c. 151, &sect; 1, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-117.6. Regulation of dogs running at large.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 116, &sect; 1, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The provisions of this section shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Component parts or accessories; or&nbsp;</span></p> <p><span class="cls0">2. The purchase of supplies, equipment or material by any board of education, if such purchase is made through an open market contract or a statewide contract executed by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 205, &sect; 3, eff. July 1, 1992. Amended by Laws 2012, c. 304, &sect; 597.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-117b. Interlocal cooperative agreements.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. An interlocal cooperative agreement shall be subject to change or termination by a recommendation of the State Board of Education;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. Except as otherwise specifically provided in this section, any powers, privileges or authority exercised or capable of being exercised by any school district of this state, or by any board of education thereof, may be jointly exercised pursuant to the provisions of an interlocal cooperative agreement. Federal grant money, applied for on behalf of a school district, may be disbursed directly to a interlocal cooperative with the consent of the school districts comprising the interlocal cooperative. No powers, privileges or authority with respect to the levy and collection of taxes or the application for or receipt of State Aid formula money, or the issuance of bonds shall be created or effectuated for joint exercise pursuant to the provisions of an interlocal cooperative agreement; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 120, &sect; 1, eff. July 1, 1993. Amended by Laws 2003, c. 327, &sect; 1, eff. July 1, 2003; Laws 2011, c. 121, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-118. Meetings of board - Change in date of regular meetings - Compensation of members of boards of districts with ADA exceeding 15,000.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Any action taken in violation of the provisions of this act shall be invalid.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-118, eff. July 2, 1971. Amended by Laws 1975, c. 101, &sect; 1, emerg. eff. May 1, 1975; Laws 1977, c. 116, &sect; 1; Laws 1987, c. 53, &sect; 1, eff. Nov. 1, 1987; Laws 2005, c. 472, &sect; 7, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-119. Officers of board - Encumbrance clerk and minute clerk - Bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-119, eff. July 2, 1971. Amended by Laws 1988, c. 90, &sect; 17, operative July 1, 1988; Laws 1989, c. 315, &sect; 59, operative July 1, 1989; Laws 1990, c. 221, &sect; 7, operative July 1, 1990; Laws 1992, c. 254, &sect; 6, emerg. eff. May 22, 1992; Laws 2000, c. 280, &sect; 4, emerg. eff. June 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-120. President - Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-120, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-121. Vice president - Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-121, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;705122. Clerk Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 90, &sect; 18, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;70-5-123. Noncontract expenditures &ndash; Limitations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-123, eff. July 2, 1971. Amended by Laws 1982, c. 143, &sect; 2; Laws 1985, c. 101, &sect; 1, emerg. eff. May 28, 1985; Laws 1989, c. 300, &sect; 16, operative July 1, 1989; Laws 1999, c. 86, &sect; 1, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;705124. Board contracts prohibited Exceptions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, the following shall not be considered the making of a contract:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. The depositing of any funds in a bank or other depository.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-124, eff. July 2, 1971. Amended by Laws 1987, c. 102, &sect; 2, emerg. eff. May 22, 1987; Laws 1992, c. 394, &sect; 2, emerg. eff. June 10, 1992; Laws 1993, c. 118, &sect; 1; Laws 1996, c. 341, &sect; 4, eff. Nov. 1, 1996; Laws 1997, c. 317, &sect; 4, emerg. eff. May 29, 1997; Laws 1998, c. 365, &sect; 9, eff. July 1, 1998; Laws 2001, c. 33, &sect; 73, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 106, &sect; 1 repealed by Laws 1993, c. 360, &sect; 18, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705125. Liability for voting for false claim.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1971, c. 281, &sect; 5125, eff. July 2, 1971; Laws 1991, c. 236, &sect; 7, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705126. Refusal, failure or neglect of board Elector may institute action.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1971, c. 281, &sect; 5126, eff. July 2, 1971; Laws 1991, c. 236, &sect; 8, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705127. Repealed by Laws 1994, c. 92, &sect; 3, emerg. eff. April 21, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-127.1. Release of audit to public.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 327, &sect; 2, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705128. Annual statistical and financial reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 5128, eff. July 2, 1971; Laws 1993, c. 239, &sect; 27, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-128.1. Annual itemized expenditure budget and request for appropriated funds and estimate of revenues.&nbsp;</span></p> <p><span class="cls0">No later than October 1 of each year the board of education of each school district shall file with the State Board of Education an itemized expenditure budget and request for state appropriated funds for the ensuing fiscal year, and an estimate of the revenues from all sources to be received by the district during the ensuing fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 105, &sect; 1, emerg. eff. April 5, 1986. Amended by Laws 2006, c. 75, &sect; 2, emerg. eff. April 21, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-128.2. Electronic transmission of reports, plans or grants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 242, &sect; 3, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-129. School activity fund - Control - Accounts - Disbursements - Petty cash accounts - Custodian - Bond - Investment of funds - Refund subaccount.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Admissions to athletic contests, school or class plays, carnivals, parties, dances and promenades;&nbsp;</span></p> <p><span class="cls0">2. Sale of student activity tickets;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Dues, fees and donations to student clubs or other organizations, provided that membership in such clubs or organizations shall not be mandatory;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">7. Other income collected for use by school personnel and other school-related adult functions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-129, eff. July 2, 1971. Amended by Laws 1974, c. 234, &sect; 30, emerg. eff. May 17, 1974; Laws 1977, c. 222, &sect; 1, eff. Oct. 1, 1977; Laws 1981, c. 127, &sect; 1, emerg. eff. May 4, 1981; Laws 1981, c. 353, &sect; 1; Laws 1988, c. 90, &sect; 19, operative July 1, 1988; Laws 1990, c. 221, &sect; 8, operative July 1, 1990; Laws 1993, c. 45, &sect; 1, emerg. eff. April 9, 1993; Laws 1995, c. 205, &sect; 2, eff. July 1, 1995; Laws 1999, c. 173, &sect; 1, eff. July 1, 1999; Laws 2000, c. 116, &sect; 1, eff. July 1, 2000; Laws 2002, c. 283, &sect; 2, eff. July 1, 2002; Laws 2003, c. 290, &sect; 2; Laws 2004, c. 361, &sect; 19, eff. July 1, 2004; Laws 2005, c. 472, &sect; 8, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;705129.1. Funds exempted from provisions of Section 5129 of this title.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 296, &sect; 26, operative July 1, 1984. Amended by Laws 1993, c. 45, &sect; 2, emerg. eff. April 9, 1993; Laws 1994, c. 70, &sect; 1, eff. July 1, 1994; Laws 1996, c. 99, &sect; 1, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-129.2. Separate accounts - Disbursements - Approval by boards of education - Transfer of funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 221, &sect; 9, operative July 1, 1990. Amended by Laws 2001, c. 33, &sect; 74, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705130. School buildings and property Permission to use for other purposes.&nbsp;</span></p> <p><span class="cls0">A. The board of education of any school district may, under such regulations and conditions as it may prescribe:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. Make a reasonable charge to cover the cost of the use of such building, property or transportation equipment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 5130, eff. July 2, 1971; Laws 1989, 1st Ex. Sess., c. 2, &sect; 33, emerg. eff. April 25, 1990; Laws 1990, c. 257, &sect; 4, emerg. eff. May 23, 1990; Laws 1994, c. 362, &sect; 5, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705131. Educational courses Buildings and equipment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 5131, eff. July 2, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;705131.1. Sewage disposal systems.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, 1st Ex.Sess., c. 1, &sect; 25, emerg. eff. June 21, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;70-5-131.2. Energy conservation contracts.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, "energy conservation measures" means one or more of the following items:&nbsp;</span></p> <p><span class="cls0">1. Insulation of the building structure or systems within the building;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Automatic or computerized energy control systems;&nbsp;</span></p> <p><span class="cls0">4. Heating, ventilating or air conditioning system modifications or replacements;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Indoor air quality improvements;&nbsp;</span></p> <p><span class="cls0">7. Energy recovery systems; and&nbsp;</span></p> <p><span class="cls0">8. Energy awareness education programs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The term of the energy conservation contract and the lease-purchase agreement shall include the installation period and the lease repayment period.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. Energy conservation contracts shall not permit the carry-forward of savings above the guaranteed amount from one year to a future year shortfall.&nbsp;</span></p> <p><span class="cls0">5. Maintenance for energy conservation measures may be a part of the energy conservation contract.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. In addition to any other provisions, the energy conservation contract shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Be for a term of years that is not less than the term of years of any associated lease-purchase agreement;&nbsp;</span></p> <p><span class="cls0">3. Provide that the board of education may terminate the agreement for nonperformance by the contractor;&nbsp;</span></p> <p><span class="cls0">4. Contain a nonappropriation clause; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. Lease-purchase agreements for energy conservation measures shall be considered separate from the energy conservation contract and shall contain a nonappropriation clause.&nbsp;</span></p> <p><span class="cls0">G. 1. Energy conservation contracts and lease-purchase agreements executed pursuant to this section shall be let under competitive proposal procedures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;specialized experience in the type of work contemplated,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;capacity to accomplish the work in the required time,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;past performance, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;estimated savings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls2"><span class="cls0">5.&nbsp;&nbsp;a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;If the board of education and the second-choice offeror cannot reach an agreement, then all negotiations shall be terminated.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">7. Fees assessed by the consultant will be paid from proceeds of any financing associated with the energy conservation contract.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 140, &sect; 1, eff. July 1, 1996. Amended by Laws 1996, c. 276, &sect; 15, emerg. eff. May 30, 1996; Laws 2000, c. 164, &sect; 4, emerg. eff. April 28, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;705132. Students of legal age Completion of twelfth grade Attendance at adult high school completion program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 211, &sect; 1, eff. July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;705132.1. Certain persons 21 years of age or older may be allowed to complete high school.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 223, &sect; 1, operative July 1, 1983. Amended by Laws 2001, c. 33, &sect; 75, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705133. Apportionment of taxes each year.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 5133, eff. July 2, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;70-5-134. Estimates - Emergency and building levies - Elections.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5134, eff. July 2, 1971. Amended by Laws 1989, c. 132, &sect; 6, eff. June 1, 1990; Laws 1992, c. 247, &sect; 24, emerg. eff. May 21, 1992; Laws 1993, c. 130, &sect; 1, eff. Sept. 1, 1993; Laws 2005, c. 472, &sect; 9, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-134.1. Repealed by Laws 2005, c. 472, &sect; 18, eff. July 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-135. System of accounting.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The ERS must result in payment by the district from vendor receipts that have been matched to the purchase order date;&nbsp;</span></p> <p><span class="cls0">2. The ERS may only be used when there is an agreement between the district and the vendor for use of an ERS; and&nbsp;</span></p> <p><span class="cls0">3. The ERS must be included in the district's journal ledger/accounts payable/purchase order software.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 5-135, eff. July 2, 1971. Amended by Laws 1985, c. 82, &sect; 5, eff. Nov. 1, 1985; Laws 1988, c. 90, &sect; 20, operative July 1, 1988; Laws 1990, c. 221, &sect; 10, operative July 1, 1990; Laws 1998, c. 365, &sect; 10, eff. July 1, 1998; Laws 2004, c. 361, &sect; 21, eff. July 1, 2004; Laws 2005, c. 472, &sect; 10, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-135.1. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-135.2. Reporting financial transactions - Reduction of State Aid - Statement of actual income and expenditures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 280, &sect; 55, eff. July 1, 1991. Amended by Laws 2000, c. 308, &sect; 2, eff. July 1, 2000; Laws 2005, c. 472, &sect; 11, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-135.3. Repealed by Laws 2005, c. 472, &sect; 18, eff. July 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-135.4. School District Transparency Act.&nbsp;</span></p> <p><span class="cls0">A. This section shall be known and may be cited as the &ldquo;School District Transparency Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. By January 30, 2011, the State Department of Education shall make school district expenditure data available on its website. Data shall be made available in an open-structured data format that may be downloaded by the public and that allows the user to systematically sort, search, and access all data without any fee or charge for access.&nbsp;</span></p> <p><span class="cls0">C. The database shall provide information on school district expenditures of state, federal, and local funds, whether appropriated or nonappropriated, excluding payments of voluntary payroll deductions for employees to receiving parties. The database shall further provide information, including, but not limited to, the following:&nbsp;</span></p> <p><span class="cls0">1. Identification of the school district;&nbsp;</span></p> <p><span class="cls0">2. The Oklahoma Cost Accounting System (OCAS) code designation for each expenditure;&nbsp;</span></p> <p><span class="cls0">3. The name and principal location of the entity or recipient of the funds, excluding release of information relating to an individual&rsquo;s place of residence and release of information prohibited by subsection D of Section 24A.7 of Title 51 of the Oklahoma Statutes or by federal law relating to privacy rights;&nbsp;</span></p> <p><span class="cls0">4. The amount of funds expended;&nbsp;</span></p> <p><span class="cls0">5. The type of transaction;&nbsp;</span></p> <p><span class="cls0">6. A descriptive purpose of the funding action or expenditure;&nbsp;</span></p> <p><span class="cls0">7. Copies of all credit card statements, identified by department responsible for each credit card;&nbsp;</span></p> <p><span class="cls0">8. The budgeted and audited actual expenditure figures for each fiscal year, ensuring each set of figures can be identified as budgeted or audited figures; and&nbsp;</span></p> <p><span class="cls0">9. The per-pupil spending figure, derived by dividing total expenditures by the total number of students enrolled for each school year.&nbsp;</span></p> <p><span class="cls0">D. The Department shall make the data available on its website within one hundred twenty (120) days of transmission of the expenditures to the Department by the school district.&nbsp;</span></p> <p><span class="cls0">E. School districts shall provide information requested by the Department to accomplish the purposes of this section.&nbsp;</span></p> <p><span class="cls0">F. If a school district maintains a website, the district shall provide the information required in subsection C of this section in the manner prescribed in subsection B of this section on the district website.&nbsp;</span></p> <p><span class="cls0">G. Nothing in this section shall require the disclosure of information which is required to be kept confidential by state or federal law.&nbsp;</span></p> <p><span class="cls0">H. The disclosure of information required by this section shall create no liability whatsoever, civil or criminal, to the State of Oklahoma, the State Department of Education, school districts, or any employee thereof for disclosure of required information or for any error or omission in the disclosure.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 332, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-136. Repealed by Laws 1978, c. 203, &sect; 21, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;705136.1. Certificates of indebtedness &ndash; Curing of delinquencies by withholding of State Aid.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 204, &sect; 123, operative July 1, 1987. Amended by Laws 1991, c. 212, &sect; 4, eff. Aug. 1, 1991; Laws 2002, c. 87, &sect; 1, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-137. School nurses - Increments.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 152, &sect; 2, emerg. eff. May 3, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-138. School employees and superintendent - Residence.&nbsp;</span></p> <p><span class="cls0">No school district board of education shall require any employee to reside within the boundaries of that school district; however, a district board may establish a policy that may require the district superintendent to reside within the boundaries of the district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 31, &sect; 1. Amended by Laws 2006, c. 167, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;705139. Professional organization dues and political contributions of employees - Payroll deduction.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 294, &sect; 26, emerg. eff. May 10, 1977. Amended by Laws 2005, c. 132, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;705140. Additional salary or wages in lieu of insurance or similar benefits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1980, c. 220, &sect; 2, emerg. eff. May 30, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;70-5-141. Adoption of minimum salary schedules - Calculation of teachers' salaries - Factors considered - Reports - Superintendents' contracts - Administrators' compensation and benefits.&nbsp;</span></p> <p><span class="cls0">A. Each school district of this state shall adopt a minimum salary schedule and shall transmit a copy of it to the State Board of Education within thirty (30) days after adoption. A school district shall not calculate salaries of teachers solely as a proportion of the salaries of the administrators of the district.&nbsp;</span></p> <p><span class="cls0">B. Districts shall be encouraged to provide compensation schedules to reflect district policies and circumstances, including differential pay for different subject areas and special incentives for teachers in districts with specific geographical attributes. Districts may also adopt a salary schedule that provides additional compensation for achieving certain ratings under the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6 of this act. Any salary schedule adopted by a district pursuant to this section shall not set salaries at amounts less than those set pursuant to Section 18-114.12 of this title.&nbsp;</span></p> <p><span class="cls0">C. The State Department of Education shall compile a report of the minimum salary schedules for every school district in the state and shall submit the report to the Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate no later than December 15 of each year.&nbsp;</span></p> <p><span class="cls0">D. Each school district shall file within fifteen (15) days of signing the contract, the employment contract of the superintendent of the school district with the State Department of Education. The Department shall keep all contracts available for inspection by the public. The school district shall not be authorized to pay any salary, benefits or other compensation to a superintendent which are 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.&nbsp;</span></p> <p><span class="cls0">E. By October 1 of each year each district board of education shall prepare a schedule of salaries and fringe benefits paid administrators employed by the district, including a description of the fringe benefits. The schedule shall be a public record and shall be disclosed as required by the Oklahoma Open Records Act. The board shall file a copy of the schedule with the State Department of Education within one week of completion.&nbsp;</span></p> <p><span class="cls0">F. For purposes of this section the term "administrator" shall include employees who are employed and certified as superintendents, assistant superintendents, principals, and assistant principals and who have responsibilities for supervising classroom teachers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 330, &sect; 40, operative July 1, 1983. Amended by Laws 1989, 1st Ex.Sess., c. 2, &sect; 49, emerg. eff. April 25, 1990; Laws 1993, c. 215, &sect; 1, emerg. eff. May 24, 1993; Laws 2010, c. 291, &sect; 2, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-141.1. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-141.2. Incentive pay plans.&nbsp;</span></p> <p><span class="cls0">A. In addition to incentive pay plans authorized pursuant to Section 4 of this act, the State Board of Education shall develop not fewer than five different model incentive pay plans and shall distribute information about each plan to every school district board of education. No plan developed by the Board or implemented by a school district board of education shall permit payment in any one (1) year of incentives to any one teacher amounting to more than fifty percent (50%) of the regular salary of the teacher, exclusive of fringe benefits or extra duty pay. Any incentive pay award shall be an annual award and shall not be a part of a continuing contract of a teacher. Any incentive pay awards received shall be excluded from the compensation of a teacher for purposes of calculating retirement pursuant to the Teachers' Retirement System of Oklahoma and shall not be subject to taxes levied by the Federal Insurance Contributions Act (F.I.C.A.), to the extent an exemption is provided by federal law.&nbsp;</span></p> <p><span class="cls0">B. A school district board of education may adopt an academically based, district incentive pay plan for the classroom teachers in the district. The district may adopt any incentive pay plan consistent with the requirements of this section, which may include any incentive pay plan developed by the State Board of Education pursuant to this section. The school district board of education shall appoint an advisory committee consisting of teachers, parents, business persons or farmers and other local citizens to advise the board in formulating an incentive pay plan. Prior to the adoption of a plan, the board of education shall place the plan on the school board agenda for public comment and shall submit the plan to the State Board of Education for final approval on or before March 1 prior to implementation of the plan during the succeeding school year. The board of education shall comply with the provisions of this subsection for any year a plan is to be modified.&nbsp;</span></p> <p><span class="cls0">C. A school district shall be required to adopt and implement an academically based, district incentive pay plan for any school year following the receipt by the school district board of education, of a petition signed by twenty percent (20%) of the classroom teachers employed in the district which calls for the adoption of an incentive pay plan for the district.&nbsp;</span></p> <p><span class="cls0">D. Student test scores shall not be the sole criterion for allocation of incentive pay under any plan developed or approved by the Board.&nbsp;</span></p> <p><span class="cls0">E. For the purposes of this section only, "classroom teacher" shall mean any employee who holds certification and assignment outside the classification of administrator.&nbsp;</span></p> <p><span class="cls0">F. The State Board of Education shall promulgate rules necessary for the effective implementation and administration of this section.&nbsp;</span></p> <p><span class="cls0">G. Each school district board of education shall provide for a local evaluation committee which shall advise the board on which teachers are to receive incentive pay awards and the amount of each incentive pay award according to the plan.&nbsp;</span></p> <p><span class="cls0">H. Nothing herein shall preclude a school district from supplementing any monies appropriated to the district for the purposes of funding the incentive pay plan of the district with monies from the general fund for the district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess. c. 2, &sect; 50, emerg. eff. April 25, 1990. Amended by Laws 2010, c. 291, &sect; 3, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-141.3. Teacher Incentive Pay programs approved prior to implementation - Partial reimbursement.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 324, &sect; 8, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-141.4. Incentive pay plan - Student and school growth in achievement.&nbsp;</span></p> <p><span class="cls0">A. 1. In addition to incentive pay plans authorized pursuant to Section 5-141.2 of this title, beginning with the 2012-13 school year, a school district may implement an incentive pay plan that rewards teachers who are increasing student and school growth in achievement.&nbsp;</span></p> <p><span class="cls0">2. Teacher performance shall be measured using the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.16 of this title.&nbsp;</span></p> <p><span class="cls0">3. Individual teacher incentive pay awards shall be based upon:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;achieving either a "superior" or "highly effective" rating under the TLE, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;grade level, subject area, or school level performance success.&nbsp;</span></p> <p><span class="cls0">B. 1. Beginning with the 2012-13 school year, a school district may implement an incentive pay plan as authorized pursuant to this section.&nbsp;</span></p> <p><span class="cls0">2. For purposes of this section, "leader" means a principal, assistant principal or any other school administrator who is responsible for supervising classroom teachers.&nbsp;</span></p> <p><span class="cls0">3. School leader effectiveness shall be measured using the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.16 of this title.&nbsp;</span></p> <p><span class="cls0">4. Individual school leader incentive pay awards shall be based upon:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;achieving either a "superior" or "highly effective" rating under the TLE, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;grade level, subject area, or school level performance success.&nbsp;</span></p> <p><span class="cls0">C. Incentive pay plans implemented pursuant to subsections A and B of this section shall be developed through a collaborative planning process involving stakeholders, including teachers and school leaders.&nbsp;</span></p> <p><span class="cls0">D. In addition to individual teacher and leader incentive pay plans, as authorized pursuant to this section, districts may develop and implement incentive pay systems for:&nbsp;</span></p> <p><span class="cls0">1. Teaching in critical shortage subject areas including, but not limited to, foreign language;&nbsp;</span></p> <p><span class="cls0">2. Teachers and leaders who work in schools identified as in need of improvement as determined by the State Board of Education;&nbsp;</span></p> <p><span class="cls0">3. Teaching in the subject areas of Science, Technology, Engineering, and Math (STEM); or&nbsp;</span></p> <p><span class="cls0">4. Teachers and leaders who work in schools or school districts designated by the State Board of Education as hard-to-staff.&nbsp;</span></p> <p><span class="cls0">E. 1. Prior to implementation of any incentive pay plan developed pursuant to this section, the school district board of education shall place the plan on the agenda for public comment at a meeting of the district board of education.&nbsp;</span></p> <p><span class="cls0">2. After approval of the incentive pay plan, the school district board of education shall submit the plan to the State Board of Education for final approval. Within sixty (60) days of receipt of the plan, the State Board shall review and approve or reject the plan. If it is determined that the plan meets the requirements of this section, the State Board shall approve the plan. If the plan does not meet the requirements of this section, the State Board shall reject the plan and provide written notification to the school district board of education along with the grounds for rejection.&nbsp;</span></p> <p><span class="cls0">3. The district board of education shall comply with the provisions of this subsection for any year a plan is to be modified.&nbsp;</span></p> <p><span class="cls0">F. Any incentive pay award shall be an annual award and shall not be a part of a continuing contract for an employee. Any incentive pay award to any teacher or leader shall not exceed more than fifty percent (50%) of the regular salary of the teacher or leader, exclusive of fringe benefits or extra duty pay. Any incentive pay awards received shall be excluded from compensation for purposes of calculating retirement pursuant to the Teachers' Retirement System of Oklahoma and shall not be subject to taxes levied by the Federal Insurance Contributions Act (F.I.C.A.), to the extent such exemption is provided by federal law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 291, &sect; 4, eff. July 1, 2010. Amended by Laws 2013, c. 83, &sect; 9, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-142. National criminal history record check - Employment with a school.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided for in subsection F of this section, for purposes of employment, a board of education may request in writing to the State Board of Education that a national criminal history record check be conducted of any employee of the school and shall request such information for any person seeking employment with the school. The Oklahoma State Bureau of Investigation (OSBI) shall obtain fingerprints of the employee or prospective employee and require that the person pay a search fee not to exceed Fifty Dollars ($50.00) or the cost of the search, whichever is the lesser amount. The fees shall be deposited in the OSBI Revolving Fund. School districts may reimburse employees for the cost of the search. The State Board of Education shall contact the Oklahoma State Bureau of Investigation for any national criminal history record of the person within fourteen (14) working days of receiving a written request from the board of education.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma State Bureau of Investigation shall provide the national criminal history record check requested by the State Board of Education within fourteen (14) working days from the receipt of the request. The Bureau may contact the Federal Bureau of Investigation to obtain the information requested.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Education shall provide the information received from the Oklahoma State Bureau of Investigation to the board of education within fourteen (14) days from the receipt of the information. The State Board of Education shall provide any follow-up information received from the OSBI concerning a person for which a national criminal history record check was requested to the employing board of education.&nbsp;</span></p> <p><span class="cls0">D. For the purpose of this section:&nbsp;</span></p> <p><span class="cls0">1. "Board of education" includes both public and private boards of education within or outside this state;&nbsp;</span></p> <p><span class="cls0">2. "National criminal history record check" means a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">3. "Prospective employee" means an individual who has received an offer of temporary employment by a school district pending the results of the national criminal history record check.&nbsp;</span></p> <p><span class="cls0">E. Each public board of education within this state shall promulgate a statement regarding the felony record search policy for that school district. The policy may permit temporary employment of prospective employees for a maximum of sixty (60) days pending receipt of results of national criminal history record check requests. The temporary employment of the prospective employee shall terminate after sixty (60) days unless the school district receives the results of the national criminal history record check. The sixty-day temporary employment period shall begin on the first day the prospective employee reports for duty at the employing school district. Prospective employees shall be notified of the requirement, the fee and the reimbursement policy when first interviewed concerning employment. The school district's reimbursement policy shall provide, at the minimum, that employees shall be promptly reimbursed in full for the fee if employed by the district at the time the national criminal history record check request is made unless the person was employed pending receipt of results as set forth above.&nbsp;</span></p> <p><span class="cls0">F. 1. Any person who has been employed as a full-time teacher by a school district in this state and applies for employment as a full-time teacher in another school district in this state may not be required to have a national criminal history record check if the teacher produces a copy of a national criminal history record check completed within the preceding five (5) years and a letter from the school district in which the teacher was employed stating the teacher left in good standing.&nbsp;</span></p> <p><span class="cls0">2. For any person applying for employment as a substitute teacher, a national criminal history record check shall be required for the school year; provided however, a board of education may choose whether to require a national criminal history record check from a prospective substitute teacher who has been employed by the school district in the last year. Any person applying for employment as a substitute teacher in more than one school district shall only be required to have one national criminal history record check, and, upon the request of the substitute teacher, that record check shall be sent to all other school districts in which the substitute teacher is applying to teach.&nbsp;</span></p> <p><span class="cls0">3. Any person employed as a full-time teacher by a school district in this state in the five (5) years immediately preceding an application for employment as a substitute teacher may not be required to have a national criminal history record check, if the teacher produces a copy of a national criminal history record check completed within the preceding five (5) years and a letter from the school district in which the teacher was last employed stating the teacher left in good standing.&nbsp;</span></p> <p><span class="cls0">4. Any person employed as a substitute teacher by a school district in this state for a minimum of five (5) years immediately preceding an application for employment as a full-time teacher in a school district in this state may not be required to have a national criminal history record check if the teacher produces a copy of a national criminal history record check completed within the preceding five (5) years and a letter from the school district in which the teacher was employed as a substitute teacher stating the teacher left in good standing.&nbsp;</span></p> <p><span class="cls0">5. Any person employed as a full-time teacher by a school district in this state for ten (10) or more consecutive years immediately preceding an application for employment as a substitute teacher in the same school district may not be required to have a national criminal history record check for as long as the person remains employed for consecutive years by that school district as a substitute teacher, if the teacher left full-time employment in good standing. If the teacher applies for employment as a substitute teacher in another school district, a national criminal history record check shall be required.&nbsp;</span></p> <p><span class="cls0">G. The provisions of this section shall not apply to technology center employees hired on a part-time or temporary basis for the instruction of adult students only.&nbsp;</span></p> <p><span class="cls0">H. Nothing in this section shall be construed to impose liability on school districts, except in negligence, for employing prospective employees within the sixty-day temporary employment window pending the results of the national criminal history record check.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 152, &sect; 1, eff. July 1, 1985. Amended by Laws 1986, c. 259, &sect; 61, operative July 1, 1986; Laws 1990, c. 257, &sect; 15, emerg. eff. May 23, 1990; Laws 1994, c. 319, &sect; 2, eff. Sept. 1, 1994; Laws 1997, c. 81, &sect; 1, eff. July 1, 1997; Laws 2010, c. 406, &sect; 1, eff. July 1, 2010; Laws 2011, c. 27, &sect; 1, eff. July 1, 2011; Laws 2011, c. 90, &sect; 1; Laws 2011, c. 250, &sect; 1, eff. July 1, 2011; Laws 2011, c. 352, &sect; 1, eff. July 1, 2011; Laws 2012, c. 354, &sect; 6; Laws 2013, c. 32, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-142.1. Repealed by Laws 2010, c. 406, &sect; 2, eff. July 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-143. Repealed by Laws 1995, c. 55, &sect; 1, emerg. eff. April 10, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-144. Filing of information or indictment - Notification of superintendent - Notification of State Board of Education.&nbsp;</span></p> <p><span class="cls0">A. If in the course of an investigation it is discovered that a person charged in an information or indictment with a felony or violent misdemeanor is a student or employee of a school district or a public school in the state, or an employee working on school property for an entity that provides services to a school district or a public school on school property, with due regard for the provisions of subsection C of Section 2-6-102 of Title 10A of the Oklahoma Statutes, the district attorney shall notify the superintendent of the district of the charges filed against the student or employee. In addition to notifying the superintendent of the district when charges have been filed against an employee of the school district, the district attorney shall notify the State Board of Education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. When an employee of the school district has been convicted, whether upon a verdict or plea of guilty or nolo contendere, or received a suspended sentence or any probationary term for a crime provided for in subparagraph a of paragraph 6 of Section 3-104 of this title, the district court shall notify the State Board of Education of said conviction, if the district court has discovered during the course of the proceedings that the person is an employee of a school district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 33, eff. July 1, 1999. Amended by Laws 2001, c. 34, &sect; 1, eff. Nov. 1, 2001; Laws 2003, c. 161, &sect; 1, eff. July 1, 2003; Laws 2005, c. 205, &sect; 1, eff. July 1, 2005; Laws 2009, c. 234, &sect; 156, emerg. eff. May 21, 2009; Laws 2013, c. 256, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-145. Local foundation and public school/business partnerships - Foundation gifts, grants and donations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. As used in this section, "local foundation" means any company, trust, corporation or association:&nbsp;</span></p> <p><span class="cls0">1. that solicits money or property in the name of any public school district, public school or public school organization; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">J. A public school district shall not directly or indirectly transfer any funds to any local foundation or render services or provide any thing of value to any local foundation without receiving documented adequate payment or reimbursement therefor according to written contract. Nothing herein shall be construed as prohibiting payment by the district of claims for expenses of fund-raising for the benefit of the district if such fund-raising activities are approved in advance by the district board of education and made a part of the minutes of the meeting of the board. Nothing herein shall be construed as prohibiting the district from providing space in a school district building or on school district property to the foundation for office or business purposes in exchange for the financial benefits provided to the district by the foundation if approved by the district board of education and made a part of the minutes of the meeting of the board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 380, &sect; 2, operative July 1, 1989. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 56, emerg. eff. April 25, 1990; Laws 2005, c. 351, &sect; 1, eff. Sept. 1, 2005; Laws 2008, c. 362, &sect; 1, emerg. eff. June 3, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-146. Assault, battery, or assault and battery upon school employee &ndash; Notification by employee and school officials &ndash; Report &ndash; Definitions &ndash; Liability - Policies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. For purposes of this section, &ldquo;assault&rdquo; shall be defined by Section 641 of Title 21 of the Oklahoma Statutes, &ldquo;battery&rdquo; shall be defined by Section 642 of Title 21 of the Oklahoma Statutes, and &ldquo;aggravated assault and battery&rdquo; shall be defined by Section 646 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 380, &sect; 2, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-146.1. School employees - Notification of suspected gang activity.&nbsp;</span></p> <p><span class="cls0">A. Any school employee, as defined by subsection A of Section 650.7 of Title 21 of the Oklahoma Statutes, who has reason to believe that a child under the age of eighteen (18) years is involved in gang activity shall notify the person designated by the school district. Upon receiving such report, the person designated by the school district may report the matter to the nearest local law enforcement agency. The report may be made by telephone, in writing, personally or by any other method prescribed by the school district.&nbsp;</span></p> <p><span class="cls0">B. A school district employee or contractor who, in good faith and exercising due care in the making of a report pursuant to subsection A of this section, shall be granted immunity from all civil or criminal liability which might be incurred or imposed by making such report.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 168, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-147. Access to foods of minimal nutritional value - Incentives to encourage healthy food choices.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. For purposes of this section, &ldquo;foods of minimal nutritional value&rdquo; means any foods so defined in 7 CFR 210.11 and listed in Appendix B of the regulations for the National School Lunch Program.&nbsp;</span></p> <p><span class="cls0">E. The State Board of Education shall adopt rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 45, &sect; 1, eff. July 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-148. Lockdown drills.&nbsp;</span></p> <p><span class="cls0">Each district board of education shall ensure that a minimum of two lockdown drills are conducted at each public school within the district each school year. No lockdown drill shall be conducted at the same time of day as a previous lockdown drill conducted in the same school year, and no more than two lockdown drills shall be conducted in one semester. Additional drills may be conducted at the discretion of the district. Lockdown drills shall be conducted for the purpose of securing school buildings to prevent or mitigate injuries or deaths that may result from a threat on or near the school. The drills shall conform to the written plans and procedures adopted by the district as required by Section 681 of Title 63 of the Oklahoma Statutes. All students and employees shall participate in the drills, with the extent of student involvement to be determined by the district.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall adopt rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 127, &sect; 1, eff. July 1, 2007. Amended by Laws 2008, c. 216, &sect; 4, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-149. School safety drills.&nbsp;</span></p> <p><span class="cls0">A. In addition to the two lockdown drills required pursuant to Section 5-148 of Title 70 of the Oklahoma Statutes, all public schools shall conduct a minimum of eight safety drills as follows:&nbsp;</span></p> <p><span class="cls0">1. Two fire drills per school year. Each fire drill shall be conducted within the first fifteen (15) days of each semester. The fire drills shall include the sounding of a distinctive audible signal designated as the fire alarm signal;&nbsp;</span></p> <p><span class="cls0">2. Two intruder drills per school year. Intruder drills are conducted for the purpose of mitigating injuries or deaths by executing a plan as an alternative to the lockdown method. Each intruder drill shall be conducted within the first fifteen (15) days of each semester;&nbsp;</span></p> <p><span class="cls0">3. Two tornado drills per school year with at least one drill being conducted in the months of September and March; and&nbsp;</span></p> <p><span class="cls0">4. The principal and superintendent of a public school district shall utilize the remaining required safety drills in any manner provided in this section or Section 5-148 of Title 70 of the Oklahoma Statutes or by developing a drill that is consistent with the risks assessed for the appropriate facility or any recommendations submitted by the Safe School Committee as authorized pursuant to Section 24-100.5 of Title 70 of the Oklahoma Statutes or any assisting fire or law enforcement department.&nbsp;</span></p> <p><span class="cls0">B. It shall be the duty of the principal, under the direction of the superintendent of the school district, to conform to the written plans and procedures adopted by the district as required by Section 681 of Title 63 of the Oklahoma Statutes. All students and teachers at the public schools shall participate.&nbsp;</span></p> <p><span class="cls0">C. Each public school district shall document each fire drill in writing by public school site. The records for each fire drill shall be preserved for at least three years and made available to the State Fire Marshal or the marshal's agent upon request. In addition to the fire drill documentation provided in this subsection, the school district shall document all other safety drills in writing and by school site with a copy of the report remaining at the school, a copy filed with the district administrative office and a copy with the Institute for School Security Resources as created by the Oklahoma Office of Homeland Security.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 53, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-149.1. Civil actions against former students &ndash; Costs and attorney fees.&nbsp;</span></p> <p><span class="cls0">If a school district board of education initiates any civil action or proceeding against a current or former student enrolled in the school district or the parent or guardian of a student, and the current or former student or parent or guardian of the student is the prevailing party in the action or proceeding, the court shall enter an order awarding court costs and reasonable attorney fees to the current or former student or parent or guardian of the student. Expert witness fees may be included by the court as part of the costs awarded under this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 180, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 5-149 of this title to avoid duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-150. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "School District Budget Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 2, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-151. Purpose.&nbsp;</span></p> <p><span class="cls0">The purpose of the School District Budget Act is to provide an alternate budget procedure for school districts which will:&nbsp;</span></p> <p><span class="cls0">1. Establish standard and sound fiscal procedures for the adoption and administration of budgets;&nbsp;</span></p> <p><span class="cls0">2. Make available to the public and investors sufficient information as to the financial conditions, requirements and expectations of the school district; and&nbsp;</span></p> <p><span class="cls0">3. Assist school districts to improve and implement generally accepted standards of financial management as promulgated by the Governmental Accounting Standards Board (GASB).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 3, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-152. Applicability optional.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 4, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-153. Repealed by Laws 2005, c. 472, &sect; 18, eff. July 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-154. Approval of budget - Estimates of revenues and expenditures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 6, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-155. Nature and contents of budget - Budget summary and message - Hearing - Effect of adoption - Tax levies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Actual revenues and expenditures for the immediate prior fiscal year;&nbsp;</span></p> <p><span class="cls0">2. Revenues and expenditures for the current fiscal year as shown by the budget for the current year as adopted or amended; and&nbsp;</span></p> <p><span class="cls0">3. Estimates of revenues and expenditures for the budget year.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Valuation of the school district by county and classification, excluding homestead exemptions;&nbsp;</span></p> <p><span class="cls0">2. Bonded debt and judgments outstanding, including interest rates by maturity;&nbsp;</span></p> <p><span class="cls0">3. Matured debt and judgments;&nbsp;</span></p> <p><span class="cls0">4. Sinking fund balance, including cash and investments;&nbsp;</span></p> <p><span class="cls0">5. Sinking fund levy calculations, including surplus/deficit, principal accrual, annual interest, judgment installment and interest, total net levy and delinquency;&nbsp;</span></p> <p><span class="cls0">6. Levies in millage for general fund, building fund and sinking fund;&nbsp;</span></p> <p><span class="cls0">7. Millage adjustment factor, if applicable;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">9. Surplus analysis, including itemized sources of excess and deductions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 7, eff. July 1, 1996. Amended by Laws 1999, c. 235, &sect; 1, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-5-156. Protests - Right to examine filed budget.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 8, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-157. Expenditures in excess of appropriation - Deficits and surpluses - Violations of law.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any officer or employee of the school district in any budget year:&nbsp;</span></p> <p><span class="cls0">1. To create or authorize creation of a deficit in any fund; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 9, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-158. Funds or ledgers.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. A ledger or group of accounts in which to record the details relating to the general fixed assets of the school district;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">10. Such other funds or ledgers as may be established by the board of education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 10, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-159. Classification of revenues and expenditures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 11, eff. July 1, 1996. Amended by Laws 2001, c. 33, &sect; 78, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-160. Interaccount and interfund transfers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 12, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-161. Amendment of budget.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Revenues received or allocated from sources not anticipated in the budget for that year;&nbsp;</span></p> <p><span class="cls0">2. Revenues received or allocated from anticipated sources but in excess of the budget estimates therefor; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 178, &sect; 13, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-170. Transfer of unexpended or unencumbered appropriations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 434, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 415, &sect; 34 repealed by Laws 2003, c. 434, &sect; 32.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-5-181. Registration of certificates of indebtedness or bonds &ndash; Recording of payment.&nbsp;</span></p> <p><span class="cls0">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 &ldquo;paid&rdquo; on the face of paid certificates of indebtedness or bonds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 24, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-182. Issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 25, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-183. Issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses &ndash; Violation &ndash;Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 26, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;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 &ndash; Violation &ndash; Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 27, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-185. When check or warrant due &ndash; Enforcement of liability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 28, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-186. Issuance of check, warrant or certificate of indebtedness in payment of claim in excess of amounts unexpended and unencumbered &ndash; Signature of board president and clerk.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 29, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-187. Unencumbered balances &ndash; Date for submission of all claims &ndash; Notice.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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:&nbsp;</span></p> <p class="cls8"><span class="cls0">PUBLIC NOTICE&nbsp;</span></p> <p><span class="cls0">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. &nbsp;</span></p> <p><span class="cls0">__________________________&nbsp;</span></p> <p><span class="cls0">District Encumbrance Clerk&nbsp;</span></p> <p><span class="cls0">This section shall not permit the incurring of new indebtedness chargeable to the appropriation account of the immediately preceding fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 30, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-188. Supplemental appropriation of unencumbered balance &ndash; Underestimations &ndash; Reapportionment to appropriation accounts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 31, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-189. Second or duplicate check or warrant &ndash; Stop payment or affidavit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 361, &sect; 32, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;70-5-190. School district treasurer, encumbrance clerk - Training - Continuing education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">The requirements of this section shall not apply to any county treasurer who also acts as a school district treasurer; however, nothing herein shall prevent a county treasurer from attending such training or continuing education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 472, &sect; 1, eff. July 1, 2005. Amended by Laws 2011, c. 231, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6. Repealed by Laws 1949, p. 607, art. 20, &sect; 9.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-1a. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-6. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-8. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-9. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-10. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-11. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-12. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-13. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-14. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-15. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-16. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-17. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-18. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-19. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-20. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-21. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-22. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-23. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-24. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-101. Teachers - Contract.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. A board of education shall have authority to enter into written contracts with teachers for the ensuing fiscal year prior to the beginning of such year. If, prior to the first Monday in June, a board of education has not entered into a written contract with a regularly employed teacher or notified the teacher in writing by registered or certified mail that a recommendation has been made not to reemploy the teacher for the ensuing fiscal year, and if, by fifteen (15) days after the first Monday in June, such teacher has not notified the board of education in writing by registered or certified mail that such teacher does not desire to be reemployed in such school district for the ensuing year, such teacher shall be considered as employed on a continuing contract basis and on the same salary schedule used for other teachers in the school district for the ensuing fiscal year, and such employment and continuing contract shall be binding on the teacher and on the school district.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6-101, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 67, operative July 1, 1990; Laws 1991, c. 3, &sect; 5, eff. July 1, 1991; Laws 1993, c. 239, &sect; 28, eff. July 1, 1993; Laws 2001, c. 242, &sect; 4, eff. July 1, 2001; Laws 2003, c. 455, &sect; 3, eff. July 1, 2003; Laws 2005, c. 185, &sect; 1, emerg. eff. May 17, 2005; Laws 2009, c. 270, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.1. Annuity contracts, custodial accounts or face amount investment annuity certificates - Teachers or employees.&nbsp;</span></p> <p><span class="cls0">A. A part of the salary, not to exceed the limitations on deferrals provided in Section 403(b) of the Internal Revenue Code of 1986, as amended, payable to a teacher or employee by a school district may, at the election of such teacher or employee, be deferred for the investment in an annuity contract from any insurance company authorized to do business in Oklahoma or by the investment in shares of regulated investment companies to be held in a custodial account as authorized by Section 403(b)(7) of the Internal Revenue Code of 1986, as amended, or by the investment in a face amount investment annuity certificate issued by a company authorized to do business in Oklahoma by the district for the teacher or employee, provided that such teacher or employee is eligible to defer a portion of their salary under the terms of the school district's 403(b) plan; and the teacher or employee shall be entitled to have such annuity contract, custodial account or face amount investment annuity certificate continued in force in succeeding years by such school district or any other school district subsequently employing the teacher. Provided, that such amounts contributed or paid by a school district must be made to vendors approved by such school district as eligible to receive the elective deferrals. Provided further, that a school district may revoke a previously approved vendor&rsquo;s eligibility to receive elective deferrals, thereby prohibiting future contributions or payments to such vendor until it regains its eligibility through subsequent approval from such school district. The amounts so contributed or paid by the school district for the annuity contract, custodial account or face amount investment annuity certificate, or to continue it in force, shall be considered as payment of salary, for the same amounts, to the teacher or employee for State Aid purposes, Teachers' Retirement System purposes, or Social Security purposes, but not for state income tax purposes. Provided that the amount received under such annuity contracts, custodial accounts or face amount investment annuity certificates shall be income subject to state income tax when actually received, unless otherwise exempt from income tax.&nbsp;</span></p> <p><span class="cls0">B. The provisions of subsection A of this section shall also apply to employees of institutions, agencies and boards comprising The Oklahoma State System of Higher Education who are eligible to defer a portion of their salary under the terms of such institution, agency or board's 403(b) plan. Such institutions, agencies and boards may purchase annuity contracts, custodial accounts or face amount investment annuity certificates from vendors approved by such institution, agency or board as eligible to receive such contributions or payments, provided that such vendor is:&nbsp;</span></p> <p><span class="cls0">1. An insurance company authorized to do business in Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. A life insurance or annuity company organized and operated, without profit to any private shareholder or individual, exclusively for the purpose of aiding and strengthening educational institutions by issuing insurance and annuity contracts only to or for the benefit of such institutions and individuals engaged in the services of such institutions; or&nbsp;</span></p> <p><span class="cls0">3. A broker dealer licensed to sell shares of regulated investment companies to be held in custodial accounts as authorized by Section 403(b)(7) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">Provided further, that an institution, agency or board may revoke a previously approved vendor&rsquo;s eligibility to receive elective deferrals, thereby prohibiting future contributions or payments to such vendor until it regains its eligibility through subsequent approval from such institution, agency or board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6-102, eff. July 2, 1971. Amended by Laws 1972, c. 64, &sect; 1, emerg. eff. March 28, 1972; Laws 1972, c. 205, &sect; 1, emerg. eff. April 7, 1972; Laws 1987, c. 62, &sect; 1, emerg. eff. May 4, 1987. Renumbered from Title 70, &sect; 6-102 by Laws 1989, 1st Ex.Sess. c. 2, &sect; 116, operative July 1, 1990. Amended by Laws 2008, c. 327, &sect; 1, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.2. Consultant services - Contracts with retired administrators - Contract requirements.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. A stated purpose for the contract and the specifically identified need for the services to be performed;&nbsp;</span></p> <p><span class="cls0">3. An estimate of the duration of the contract, including anticipated periods during which the contract may be renewed;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 128, &sect; 1, emerg. eff. April 12, 1988. Renumbered from &sect; 6-102.7 of this title by Laws 1989, 1st Ex. Sess., c. 2, &sect; 116, operative July 1, 1990. Amended by Laws 1995, c. 295, &sect; 1, eff. July 1, 1995; Laws 2000, c. 40, &sect; 1, eff. July 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Section 6-101 et seq. of this title:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. "Nonreemployment" means the nonrenewal of the contract of an administrator or teacher upon expiration of the contract;&nbsp;</span></p> <p><span class="cls0">4. "Career teacher" means a teacher who:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;for teachers employed by a school district prior to full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, has completed three (3) or more consecutive complete school years as a teacher in one school district under a written continuing or temporary teaching contract, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for teachers employed for the first time by a school district under a written continuing or temporary teaching contract after full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;has completed three (3) consecutive complete school years as a teacher in one school district under a written continuing or temporary teaching contract and has achieved a rating of "superior" as measured pursuant to the TLE as set forth in Section 6-101.16 of this title for at least two (2) of the three (3) school years, with no rating below "effective",&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;has completed four (4) consecutive complete school years as a teacher in one school district under a written continuing or temporary teaching contract, has averaged a rating of at least "effective" as measured pursuant to the TLE for the four-year period, and has received a rating of at least "effective" for the last two (2) years of the four-year period, or&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;has completed four (4) or more consecutive complete school years in one school district under a written continuing or temporary teaching contract and has not met the requirements of subparagraph a or b of this paragraph, only if the principal of the school at which the teacher is employed submits a petition to the superintendent of the school district requesting that the teacher be granted career status, the superintendent agrees with the petition, and the school district board of education approves the petition. The principal shall specify in the petition the underlying facts supporting the granting of career status to the teacher;&nbsp;</span></p> <p><span class="cls0">5. "Teacher hearing" means the hearing before a school district board of education after a recommendation for dismissal or nonreemployment of a teacher has been made but before any final action is taken on the recommendation, held for the purpose of affording the teacher all rights guaranteed by the United States Constitution and the Constitution of Oklahoma under circumstances and for enabling the board to determine whether to approve or disapprove the recommendation;&nbsp;</span></p> <p><span class="cls0">6. "Probationary teacher" means a teacher who:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;for teachers employed by a school district prior to full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, has completed fewer than three (3) consecutive complete school years as a teacher in one school district under a written teaching contract, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for teachers employed for the first time by a school district under a written teaching contract after full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, has not met the requirements for career teacher as provided in paragraph 4 of this section;&nbsp;</span></p> <p><span class="cls0">7. "Suspension" or "suspended" means the temporary discontinuance of the services of an administrator or teacher, as provided by law; and&nbsp;</span></p> <p><span class="cls0">8. "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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 68, operative July 1, 1990. Amended by Laws 1991, c. 16, &sect; 3, eff. July 1, 1991; Laws 2003, c. 434, &sect; 8; Laws 2010, c. 291, &sect; 8, eff. July 1, 2012; Laws 2011, c. 40, &sect; 2; Laws 2013, c. 373, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2011, c. 40, &sect; 1 repealed by Laws 2012, c. 11, &sect; 20, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.4. Power and duties of district superintendent - Exercise of in elementary school districts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 69, operative July 1, 1990; Amended by Laws 1991, c. 16, &sect; 4, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.5. Rights created by this article subject to modification, amendment, termination and repeal.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 70, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.6. Categories of employment contracts.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Employee information including:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;employee's name,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;degree(s) employee holds,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;number of years of teaching credit for salary purposes, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;step placement on salary schedule;&nbsp;</span></p> <p><span class="cls0">2. Salary information including:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;pay based on state minimum salary schedule,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;district salary supplement,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;extra-duty or extracurricular salary amounts, itemized,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;other salary,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;total salary,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;dollar amount of salary paid in cash, and&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">3. Benefits information including:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;state-paid flexible benefit allowance amount,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;district-paid health insurance (over any amount paid as part of salary),&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;other district-paid benefits, such as life, dental, disability, salary protection, vision, cancer, health supplemental insurance (over any amount paid as part of salary),&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;total district-paid benefits (not including any benefits paid as part of salary).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 290, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.6a. Employment contracts - Status of applicant's children.&nbsp;</span></p> <p><span class="cls0">A. No contract for employment of, or related employee information worksheets for, a teacher, administrator or other school district personnel shall inquire of the applicant whether he or she has children or where the applicant plans to enroll his or her children if hired.&nbsp;</span></p> <p><span class="cls0">B. Beginning with the 2013-2014 school year, a school district board of education and administrator shall be prohibited from taking into consideration or making a condition of employment the enrollment status of an applicant's children.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 9, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.7. Repealed by Laws 2013, 1st Ex. Sess., c. 8, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 74, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-101.8.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-101.8. Restrictions on attorneys involved in due process hearings.&nbsp;</span></p> <p><span class="cls0">An attorney, representative, or other designee of the school district who has represented or represents a school district or the administration of a school district at a hearing held for the purpose of affording due process rights and requirements for an administrator as provided for in Section 6-101.13 of Title 70 of the Oklahoma Statutes, a teacher as provided for in Section 6-101.26 of Title 70 of the Oklahoma Statutes, or a support employee as provided for in Section 6-101.46 of Title 70 of the Oklahoma Statutes or who has been involved or participated in any prehearing actions of the school district with respect to a recommendation for the termination of employment or nonreemployment of an administrator, teacher, or support employee shall not:&nbsp;</span></p> <p><span class="cls0">1. Conduct or preside as the hearing officer or judge at a due process hearing or hearings; and&nbsp;</span></p> <p><span class="cls0">2. Attend, advise at, or in any way influence an executive session of the school district board of education that is held in conjunction with a due process hearing or hearings if the attorney, representative, or other designee of the school district conducted or presided over the due process hearing or hearings as the hearing officer or judge.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 8, &sect; 2, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-101.7, which was derived from Laws 2009, c. 228, &sect; 74, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.10. Establishment of written policy of evaluation.&nbsp;</span></p> <p><span class="cls0">A. Each school district board of education shall maintain and annually review, following consultation with or involvement of representatives selected by local teachers, a written policy of evaluation for all teachers and administrators. In those school districts in which there exists a professional negotiations agreement made in accordance with Section 509.1 et seq. of this title, the procedure for evaluating members of the negotiations unit and any standards of performance and conduct proposed for adoption beyond those established by the State Board of Education shall be negotiable items. Nothing in this section shall be construed to annul, modify or to preclude the renewal or continuing of any existing agreement heretofore entered into between any school district and any organizational representative of its employees. Every policy of evaluation adopted by a board of education shall:&nbsp;</span></p> <p><span class="cls0">1. Be based upon a set of minimum criteria developed by the State Board of Education, which shall be revised and based upon the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) developed by the State Board of Education as provided in Section 6-101.16 of this title. The revisions to each policy of evaluation shall be phased in according to the following schedule:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;for evaluations of teachers and administrators conducted during the 2012-2013 school year, school districts shall for purposes of testing the TLE incorporate on a trial basis the qualitative components of the TLE as provided for in subparagraph b of paragraph 4 of subsection B of Section 6-101.16 of this title into the evaluations used in all or a representative sampling of school sites within the district and may at the option of the school district incorporate on a trial basis the other academic measurement quantitative components of the TLE as provided for in division (2) of subparagraph a of paragraph 4 of subsection B of Section 6-101.16 of this title into the evaluations used in all or a representative sampling of school sites within the district,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for evaluations of teachers and administrators conducted during the 2013-2014 school year, school districts shall incorporate and put into operation the qualitative components of the TLE as provided for in subparagraph b of paragraph 4 of subsection B of Section 6-101.16 of this title into the evaluations used in all school sites within the district. For the 2013-2014 school year one hundred percent (100%) of the evaluation rating of teachers and administrators shall be based on the qualitative component of the TLE. In addition, for evaluations of teachers and administrators conducted during the 2013-2014 school year, school districts shall for purposes of testing the TLE incorporate on a trial basis the student academic growth and other academic measurement quantitative components of the TLE as provided for in subparagraph a of paragraph 4 of subsection B of Section 6-101.16 of this title into the evaluations used in all or a representative sampling of school sites within the district. However, nothing in this subparagraph shall preclude a school district with an average daily attendance of more than thirty-five thousand (35,000) from incorporating at its own expense the quantitative model of the TLE and basing up to fifty percent (50%) of the evaluation rating of teachers and administrators on the quantitative components of the TLE, as defined by the district's written policy, during the 2013-2014 school year,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;for evaluations of teachers and administrators conducted during the 2014-2015 school year, school districts shall for purposes of establishing baseline data incorporate the student academic growth and other academic measurement quantitative components of the TLE as provided for in subparagraph a of paragraph 4 of subsection B of Section 6-101.16 of this title into the evaluations used in all school sites within the district. For the 2014-2015 school year one hundred percent (100%) of the evaluation rating of teachers and administrators shall be based on the qualitative component of the TLE, and no portion of the evaluation rating shall be based on the quantitative components of the TLE. However, nothing in this subparagraph shall preclude a school district with an average daily attendance of more than thirty-five thousand (35,000) from incorporating at its own expense the quantitative model of the TLE and basing up to fifty percent (50%) of the evaluation rating of teachers and administrators on the quantitative components of the TLE, as defined by the district's written policy, during the 2014-2015 school year, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;for evaluations of teachers and administrators conducted during the 2015-2016 school year and each school year thereafter, school districts shall fully implement the TLE and incorporate and put into operation both the qualitative components of the TLE as provided for in subparagraph b of paragraph 4 of subsection B of Section 6-101.16 of this title and the student academic growth and other academic measurement quantitative components of the TLE as provided for in subparagraph a of paragraph 4 of subsection B of Section 6-101.16 of this title into the evaluations used in all school sites within the district. For the 2015-2016 school year and each school year thereafter, fifty percent (50%) of the evaluation rating of teachers and administrators shall be based on the qualitative component of the TLE and fifty percent (50%) shall be based on the quantitative component of the TLE;&nbsp;</span></p> <p><span class="cls0">2. Be prescribed in writing at the time of adoption and at all times when amendments to the policy are adopted. The original policy and all amendments to the policy shall be promptly made available to all persons subject to the policy;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Provide that every probationary teacher receive formative feedback from the evaluation process at least two times per school year, once during the fall semester and once during the spring semester;&nbsp;</span></p> <p><span class="cls0">5. Provide that every teacher be evaluated once every year, except for career teachers receiving a "superior" or "highly effective" rating under the TLE, who may be evaluated once every two (2) years; and&nbsp;</span></p> <p><span class="cls0">6. Provide that, except for superintendents of independent and elementary school districts and superintendents of area school districts who shall be evaluated by the school district board of education, all certified personnel shall be evaluated by a principal, assistant principal, or other trained certified individual designated by the school district board of education.&nbsp;</span></p> <p><span class="cls0">B. All individuals designated by the school district board of education to conduct the personnel evaluations shall be required to participate in training conducted by the State Department of Education or training provided by the school district using guidelines and materials developed by the State Department of Education prior to conducting evaluations.&nbsp;</span></p> <p><span class="cls0">C. The State Department of Education shall develop and conduct workshops pursuant to statewide criteria which train individuals in conducting evaluations.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education shall monitor compliance with the provisions of this section by school districts.&nbsp;</span></p> <p><span class="cls0">E. Refusal by a school district to comply with the provisions of this section shall be grounds for withholding State Aid funds until compliance occurs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 262, &sect; 2, emerg. eff. June 17, 1977. Amended by Laws 1985, c. 329, &sect; 16, emerg. eff. July 30, 1985; Laws 1986, c. 259, &sect; 51, operative July 1, 1986; Laws 1987, c. 204, &sect; 118, operative July 1, 1987; Laws 1989, 1st Ex.Sess., c. 2, &sect; 71, operative July 1, 1990. Renumbered from Title 70, &sect; 6-102.2 by Laws 1989, 1st Ex.Sess., c. 2, &sect; 117, operative July 1, 1990. Amended by Laws 1991, c. 3, &sect; 7, eff. July 1, 1991; Laws 1993, c. 239, &sect; 29, eff. July 1, 1993; Laws 2010, c. 291, &sect; 5, eff. July 1, 2010; Laws 2013, c. 10, &sect; 1, eff. July 1, 2013; Laws 2013, c. 373, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.11. Copy of evaluation to person evaluated.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1977, c. 262, &sect; 3, emerg. eff. June 17, 1977. Amended by Laws 1989, 1st Ex.Sess., c. 2, &sect; 72, operative July 1, 1990. Renumbered from &sect; 6-102.3 by Laws 1989, 1st Ex.Sess, c. 2, &sect; 117, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.12. Repealed by Laws 1993, c. 155, &sect; 4, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-101.13. Full-time certified administrators - Dismissal or nonreemployment - Due process.&nbsp;</span></p> <p><span class="cls0">A. Whenever the school district board of education or the administration of a school district shall determine that the dismissal or nonreemployment of a full-time certified administrator from the administrative position within the school district should be effected, the administrator shall be entitled to the following due process procedures:&nbsp;</span></p> <p><span class="cls0">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 school district board of education prior to the action; and&nbsp;</span></p> <p><span class="cls0">2. A hearing before the school district board of education shall be granted upon the request of the administrator prior to the dismissal or nonreemployment. A request for a hearing shall be submitted to the board of education not later than ten (10) days after the administrator has been notified of the proposed action.&nbsp;</span></p> <p><span class="cls0">B. Failure of the administrator to request a hearing before the school district board of education within ten (10) days after receiving the written statement shall constitute a waiver of the right to a hearing. No decision of the board of education concerning the dismissal or nonreemployment of a full-time certified administrator shall be effective until the administrator has been afforded due process as specified in this section. The decision of the school district board of education concerning the dismissal or nonreemployment, following the hearing, shall be final.&nbsp;</span></p> <p><span class="cls0">C. After full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, a principal who has received a rating of "ineffective" as measured pursuant to the TLE as set forth in Section 6-101.16 of this title for two (2) consecutive school years, shall not be reemployed by the school district, subject to the due process procedures of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 234, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 290, &sect; 1, eff. Nov. 1, 1986. Renumbered from Title 70, &sect; 6-102.4 by Laws 1989, 1st Ex.Sess., c.2, &sect;118, operative July 1, 1990. Amended by Laws 2010, c. 291, &sect; 9, eff. July 1, 2012; Laws 2013, c. 373, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.14. Administrators - Suspension.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 290, &sect; 2, eff. Nov. 1, 1986. Renumbered from &sect; 6-102.6 by Laws 1989, 1st Ex. Sess., c. 2, &sect; 118, operative July 1, 1990. Amended by Laws 1995, c. 8, &sect; 1, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.15. Administrators - Conviction of felony - Criminal sexual activity or sexual misconduct.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Any felony offense.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 74, operative July 1, 1990. Amended by Laws 1998, c. 411, &sect; 1, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.16. Oklahoma Teacher and Leader Effectiveness Evaluation System.&nbsp;</span></p> <p><span class="cls0">A. By December 15, 2011, the State Board of Education shall adopt a new statewide system of evaluation to be known as the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE). The Board shall work cooperatively with school districts to fully implement both the quantitative and qualitative components of the TLE in all school districts by the 2015-2016 school year as provided for in Section 6-101.10 of this title, including determining the final calculation of the student academic growth measurement as provided for in division (1) of subparagraph a of paragraph 4 of subsection B of this section and developing a teacher/student assignment verification system.&nbsp;</span></p> <p><span class="cls0">B. The TLE shall include the following components:&nbsp;</span></p> <p><span class="cls0">1. A five-tier rating system as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;superior,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;highly effective,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;effective,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;needs improvement, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;ineffective;&nbsp;</span></p> <p><span class="cls0">2. Annual evaluations that provide feedback to improve student learning and outcomes, except as provided for in subsection C of this section;&nbsp;</span></p> <p><span class="cls0">3. Comprehensive remediation plans and instructional coaching for all teachers rated as needs improvement or ineffective;&nbsp;</span></p> <p><span class="cls0">4. Quantitative and qualitative assessment components measured as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;fifty percent (50%) of the ratings of teachers and leaders shall be based on quantitative components which shall be divided as follows:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;thirty-five percentage points based on student academic growth using multiple years of standardized test data, as available, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;fifteen percentage points based on other academic measurements, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;fifty percent (50%) of the rating of teachers and leaders shall be based on rigorous and fair qualitative assessment components;&nbsp;</span></p> <p><span class="cls0">5. An evidence-based qualitative assessment tool for the teacher qualitative portion of the TLE that will include observable and measurable characteristics of personnel and classroom practices that are correlated to student performance success, including, but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;organizational and classroom management skills,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;ability to provide effective instruction,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;focus on continuous improvement and professional growth,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;interpersonal skills, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;leadership skills;&nbsp;</span></p> <p><span class="cls0">6. An evidence-based qualitative assessment tool for the leader qualitative portion of the TLE that will include observable and measurable characteristics of personnel and site management practices that are correlated to student performance success, including, but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;organizational and school management, including retention and development of effective teachers and dismissal of ineffective teachers,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;instructional leadership,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;professional growth and responsibility,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;interpersonal skills,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;leadership skills, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;stakeholder perceptions;&nbsp;</span></p> <p><span class="cls0">7. For those teachers in grades and subjects for which there is no state-mandated testing measure to create a quantitative assessment for the quantitative portion of the TLE, the State Board of Education may adopt alternative percentages from those set forth in paragraph 4 of this subsection. Emphasis shall be placed on the observed qualitative assessment as well as contribution to the overall school academic growth; and&nbsp;</span></p> <p><span class="cls0">8. For first-year teachers, evaluations shall be based solely on qualitative components set forth in subparagraph b of paragraph 4 of this subsection and the State Board of Education shall adopt alternative percentages from those set forth in paragraph 4 of this subsection.&nbsp;</span></p> <p><span class="cls0">C. Career teachers receiving a "superior" or "highly effective" rating under the TLE may be evaluated once every two (2) years.&nbsp;</span></p> <p><span class="cls0">D. The Teacher and Leader Effectiveness Commission shall adopt the student academic growth and other academic measurement quantitative components of the TLE as provided for in subparagraph a of paragraph 4 of subsection B of Section 6-101.16 of this title by May 1, 2014. The Commission shall provide oversight and advise the State Board of Education on the development and implementation of the TLE.&nbsp;</span></p> <p><span class="cls0">E. A school district which has incorporated quantitative components of the TLE pursuant to subparagraphs b and c of paragraph 1 of subsection A of Section 2 of this act may continue using those quantitative components, as defined by the school districts' written policies, regardless of the State Board of Education's adoption of quantitative components pursuant to this section.&nbsp;</span></p> <p><span class="cls0">F. The State Department of Education shall provide to the Oklahoma State Regents for Higher Education and the Oklahoma Commission for Teacher Preparation timely electronic data linked to teachers and leaders derived from the TLE for purposes of providing a basis for the development of accountability and quality improvements of the teacher preparation system. The data shall be provided in a manner and at such times as agreed upon between the Department, the State Regents and the Commission.&nbsp;</span></p> <p><span class="cls0">G. For purposes of this section, "leader" means a principal, assistant principal or any other school administrator who is responsible for supervising classroom teachers.&nbsp;</span></p> <p><span class="cls0">H. The State Department of Education shall keep records of annual evaluations received pursuant to this section confidential.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 291, &sect; 6, eff. July 1, 2010. Amended by Laws 2011, c. 177, &sect; 1, eff. July 1, 2011; Laws 2013, c. 10, &sect; 2, eff. July 1, 2013; Laws 2013, c. 373, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.17. Teacher and Leader Effectiveness Commission.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created to continue until July 1, 2016, in accordance with the provisions of the Oklahoma Sunset Law, the Teacher and Leader Effectiveness Commission.&nbsp;</span></p> <p><span class="cls0">B. The membership of the Commission shall consist of:&nbsp;</span></p> <p><span class="cls0">1. The Superintendent of Public Instruction, or designee;&nbsp;</span></p> <p><span class="cls0">2. A member of the Senate, appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">3. A member of the House of Representatives, appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">4. A member of the Senate, appointed by the Minority Leader of the Senate;&nbsp;</span></p> <p><span class="cls0">5. A member of the House of Representatives, appointed by the Minority Leader of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">6. A representative from the Office of the Governor or the executive cabinet, appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">7. The Executive Director of the Oklahoma Commission for Teacher Preparation, or designee;&nbsp;</span></p> <p><span class="cls0">8. A representative of a technology center school district, appointed by the Director of the Oklahoma Department of Career and Technology Education;&nbsp;</span></p> <p><span class="cls0">9. A representative of an institution within The Oklahoma State System of Higher Education, appointed by the Chancellor of Higher Education;&nbsp;</span></p> <p><span class="cls0">10. A representative of a statewide organization representing school district boards of education, appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">11. A representative of a statewide organization representing public school superintendents, appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">12. A representative of a statewide organization representing business and education, appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">13. An individual employed by a business or company located in this state, appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">14. Three (3) representatives, one (1) from each of the three (3) largest statewide organizations representing active public school teachers, appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">15. A representative of a statewide parent-teacher organization, appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">16. A representative of a philanthropic organization involved in education, appointed by the Governor; and&nbsp;</span></p> <p><span class="cls0">17. An individual involved in Science, Technology, Engineering and Mathematics (STEM) education, appointed by the Governor.&nbsp;</span></p> <p><span class="cls0">C. Initial appointments pursuant to the provisions of this section shall be made no later than August 1, 2010. Members shall serve at the pleasure of the appointing authority. Vacancies shall be filled by the original appointing authority. The State Superintendent of Public Instruction, or designee, shall serve as chair of the Commission. Members of the Commission shall select a vice-chair from the membership of the Commission. Meetings of the Commission shall be held at the call of the chair. A majority of the members of the Commission shall constitute a quorum for the transaction of any business.&nbsp;</span></p> <p><span class="cls0">D. Members of the Commission shall receive no compensation for serving on the Commission, but shall receive travel reimbursement as follows:&nbsp;</span></p> <p><span class="cls0">1. State employees who are members of the Commission 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;&nbsp;</span></p> <p><span class="cls0">2. Legislative members shall be reimbursed in accordance with Section 456 of Title 74 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">3. All other members of the Commission shall be reimbursed by the State Department of Education for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">E. Staff support for the Commission shall be provided by the State Department of Education and the Oklahoma Commission for Teacher Preparation.&nbsp;</span></p> <p><span class="cls0">F. Members who serve on the Commission shall be exempt from the dual-office-holding prohibitions of Section 6 of Title 51 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">G. The Commission shall comply with the provisions of the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">H. The duties of the Commission, as specified in subsection I of this section, shall not be contingent upon the state being selected to receive or the state actually receiving any federal Race to the Top funding.&nbsp;</span></p> <p><span class="cls0">I. The Commission shall provide oversight and advise the State Board of Education on the development and implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as created in Section 6-101.16 of this title, including:&nbsp;</span></p> <p><span class="cls0">1. Making recommendations to the State Board regarding the development and implementation of the TLE prior to adoption of any permanent rules or policies by the State Board;&nbsp;</span></p> <p><span class="cls0">2. Regularly reviewing progress toward development and implementation of the quantitative and qualitative measures that comprise the TLE;&nbsp;</span></p> <p><span class="cls0">3. Regularly reviewing progress toward timely access to student growth data;&nbsp;</span></p> <p><span class="cls0">4. Regularly reviewing the correlation between the quantitative and qualitative scores and other data to ensure that the TLE is being implemented with validity and that evaluations of individuals conducted by school districts are meaningful and demonstrate that reasonable distinctions are being made relating to performance;&nbsp;</span></p> <p><span class="cls0">5. Assuring input and participation from teachers and leaders on the development and implementation of the TLE;&nbsp;</span></p> <p><span class="cls0">6. Gathering public comment on the development and effectiveness of the TLE; and&nbsp;</span></p> <p><span class="cls0">7. Assuring that the TLE is based on research-based national best practices and methodology.&nbsp;</span></p> <p><span class="cls0">J. The Commission shall issue a report by December 31 of each year and submit a copy of the report to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 291, &sect; 7, eff. July 1, 2010. Amended by Laws 2011, c. 177, &sect; 2, eff. July 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.20. Teacher Due Process Act of 1990 - Short title.&nbsp;</span></p> <p><span class="cls0">Sections 75 through 85 of this act shall be known and may be cited as the "Teacher Due Process Act of 1990".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 75, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.21. Standards of performance and conduct for teachers.&nbsp;</span></p> <p><span class="cls0"> 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.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall include the statutory grounds for dismissal and nonreemployment of career teachers within this standards document.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 76, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.22. Grounds for dismissal or nonreemployment.&nbsp;</span></p> <p><span class="cls0">A. Subject to the provisions of the Teacher Due Process Act of 1990, a career teacher may be dismissed or not reemployed for:&nbsp;</span></p> <p><span class="cls0">1. Willful neglect of duty;&nbsp;</span></p> <p><span class="cls0">2. Repeated negligence in performance of duty;&nbsp;</span></p> <p><span class="cls0">3. Mental or physical abuse to a child;&nbsp;</span></p> <p><span class="cls0">4. Incompetency;&nbsp;</span></p> <p><span class="cls0">5. Instructional ineffectiveness;&nbsp;</span></p> <p><span class="cls0">6. Unsatisfactory teaching performance;&nbsp;</span></p> <p><span class="cls0">7. Commission of an act of moral turpitude; or&nbsp;</span></p> <p><span class="cls0">8. Abandonment of contract.&nbsp;</span></p> <p><span class="cls0">B. Subject to the provisions of the Teacher Due Process Act of 1990, a probationary teacher may be dismissed or not reemployed for cause.&nbsp;</span></p> <p><span class="cls0">C. Upon full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title:&nbsp;</span></p> <p><span class="cls0">1. A career teacher who has been rated as "ineffective" as measured pursuant to the TLE as set forth in Section 6-101.16 of this title for two (2) consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district, subject to the provisions of the Teacher Due Process Act of 1990;&nbsp;</span></p> <p><span class="cls0">2. A career teacher who has been rated as "needs improvement" or lower pursuant to the TLE for three (3) consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district, subject to the provisions of the Teacher Due Process Act of 1990; and&nbsp;</span></p> <p><span class="cls0">3. A career teacher who has not averaged a rating of at least "effective" as measured pursuant to the TLE over a five-year period shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district, subject to the provisions of the Teacher Due Process Act of 1990.&nbsp;</span></p> <p><span class="cls0">D. Upon full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title:&nbsp;</span></p> <p><span class="cls0">1. A probationary teacher who has been rated as "ineffective" as measured pursuant to the TLE for two (2) consecutive school years shall be dismissed or not reemployed by the school district subject to the provisions of the Teacher Due Process Act of 1990; and&nbsp;</span></p> <p><span class="cls0">2. A probationary teacher who has not attained career teacher status within a four-year period shall be dismissed or not reemployed by the school district, subject to the provisions of the Teacher Due Process Act of 1990.&nbsp;</span></p> <p><span class="cls0">E. A teacher shall be dismissed or not reemployed, unless a presidential or gubernatorial pardon has been issued, if during the term of employment the teacher is convicted in this state, the United States or another state of:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Any felony offense.&nbsp;</span></p> <p><span class="cls0">F. 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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.&nbsp;</span></p> <p><span class="cls0">G. As used in this section, "abandonment of contract" means the failure of a teacher to report at the beginning of the contract term or otherwise perform the duties of a contract of employment when the teacher has accepted other employment or is performing work for another employer that prevents the teacher from fulfilling the obligations of the contract of employment.&nbsp;</span></p> <p><span class="cls0">H. A school district shall notify the State Board of Education within ten (10) days of the dismissal or nonreemployment of a probationary or career teacher for reasons outlined in subsection F of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 77, operative July 1, 1990. Amended by Laws 1998, c. 411, &sect; 2, eff. July 1, 1998; Laws 2006, c. 112, &sect; 1, eff. July 1, 2006; Laws 2010, c. 291, &sect; 10, eff. July 1, 2012; Laws 2013, c. 256, &sect; 2, eff. July 1, 2013; Laws 2013, c. 373, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.23. Application of act - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. The dismissal, suspension and nonreemployment provisions of the Teacher Due Process Act of 1990 shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Substitute teachers;&nbsp;</span></p> <p><span class="cls0">2. Adult education teachers; and&nbsp;</span></p> <p><span class="cls0">3. Teachers who are employed on temporary contracts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. No teacher shall be hired on a temporary contract by a school district for more than four semesters or on multiple temporary contracts by a school district that together are for more than four semesters, except for a:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Teacher who is a retired member of the Teachers' Retirement System of Oklahoma.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 78, operative July 1, 1990. Amended by Laws 1999, c. 114, &sect; 1, eff. July 1, 1999; Laws 2000, c. 357, &sect; 1, eff. July 1, 2000; Laws 2009, c. 25, &sect; 1, eff. July 1, 2009; Laws 2010, c. 34, &sect; 1, eff. July 1, 2010; Laws 2013, c. 92, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.24. Poor performance or conduct of teacher - Administrator's duties and responsibilities - Compliance with act required.&nbsp;</span></p> <p><span class="cls0">A. Upon full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, when a teacher receives a rating as measured pursuant to the TLE as set forth in Section 6-101.16 of this title that may lead to a recommendation for the dismissal or nonreemployment of the teacher or when an administrator identifies poor performance or conduct that the administrator believes may lead to a recommendation for the dismissal or nonreemployment of the teacher, the administrator shall:&nbsp;</span></p> <p><span class="cls0">1. Admonish the teacher, in writing, and make a reasonable effort to assist the teacher in correcting the poor performance or conduct; and&nbsp;</span></p> <p><span class="cls0">2. Establish a reasonable time for improvement, not to exceed two (2) months, taking into consideration the rating on the evaluation or the nature and gravity of the performance or conduct.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 79, operative July 1, 1990. Amended by Laws 1992, c. 34, &sect; 1, eff. July 1, 1992; Laws 2010, c. 291, &sect; 11, eff. July 1, 2012; Laws 2013, c. 373, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.25. Recommendation of dismissal or not to reemploy to be in writing - Basis or grounds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">If the teacher subject to such recommendation is a career teacher, the recommendation shall specify the statutory grounds for which the recommendation is based.&nbsp;</span></p> <p><span class="cls0">If the teacher subject to such recommendation is a probationary teacher, the recommendation shall specify the cause for which the recommendation is based.&nbsp;</span></p> <p><span class="cls0">The superintendent shall also specify the underlying facts supporting the recommendation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 80, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.26. Mailing or delivery of recommendation to teacher - Teacher hearing.&nbsp;</span></p> <p><span class="cls0">A. Whenever a board of education receives a recommendation from the superintendent for the dismissal or nonreemployment of a teacher, the board or individual designated by the board shall mail a copy of the recommendation to the teacher by certified mail, restricted delivery, return receipt requested, by personal delivery to the teacher with a signed acknowledgement of receipt, or by delivery by a process server. By the same means, the board shall notify the teacher of the right to a hearing before the board and the date, time and place set by the board for the hearing, which shall be held within the school district not sooner than twenty (20) days or later than sixty (60) days after receipt of notice by the teacher, the date on the personal receipt by hand-delivery to the teacher, or the date of delivery by a process server. The notice shall specify the statutory grounds upon which the recommendation is based upon for a career teacher or shall specify the cause upon which the recommendation is based upon for a probationary teacher. The notice shall also specify the underlying facts supporting the recommendation. At the hearing, the teacher shall be entitled to all rights guaranteed under the circumstances by the United States Constitution and the Constitution of Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. The teacher hearing shall be conducted by the district board according to procedures established by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">C. Only after due consideration of the evidence and testimony presented at the hearing shall the district board decide whether to dismiss or nonreemploy the teacher. The vote of the board shall be made in an open meeting. The board shall also notify the teacher of the decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested, or substitute process as provided by law. The decision of the board regarding a teacher shall be final and nonappealable. At the hearing the burden of proof shall be upon the superintendent or designee, and the standard of proof shall be by the preponderance of the evidence. The teacher shall receive any compensation or benefits to which the teacher is otherwise entitled until the decision of the board becomes final. If the hearing for a teacher is for nonreemployment, such compensation and benefits may be continued only until the end of the current contract of the teacher.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 81, operative July 1, 1990. Amended by Laws 2003, c. 434, &sect; 9; Laws 2006, c. 112, &sect; 2, eff. July 1, 2006; Laws 2010, c. 291, &sect; 12, eff. July 1, 2012; Laws 2011, c. 40, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2011, c. 40, &sect; 3 repealed by Laws 2012, c. 11, &sect; 21, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.27. Repealed by Laws 2011, c. 40, &sect;&sect; 6 and 7.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-101.28. Applicable procedure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 83, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.29. Immediate suspension - Compensation and benefits - Hearing for dismissal.&nbsp;</span></p> <p><span class="cls0">Whenever the superintendent of a school district has reason to believe that cause exists for the dismissal of a teacher and is of the opinion that the immediate suspension of the teacher would be in the best interests of the children in the district, the superintendent or the local board of education upon receiving recommendation for suspension from the superintendent may suspend the teacher without notice or hearing. However, the suspension shall not deprive the teacher of any compensation or other benefits to which otherwise entitled. Within ten (10) days' time after the suspension becomes effective, the local board of education shall initiate a hearing for dismissal pursuant to law.&nbsp;</span></p> <p><span class="cls0">However, in a case involving a criminal charge or indictment, the suspension may extend until the case for the teacher is finally adjudicated at trial. The extension shall not include any appeal process.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 84, operative July 1, 1990. Amended by Laws 1992, c. 34, &sect; 2, eff. July 1, 1992; Laws 2011, c. 40, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.30. Annexed or consolidated district to give teacher credit for years of service in annexed or consolidated district.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 85, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.31. Determining retention or reassignment of teachers and administrators.&nbsp;</span></p> <p><span class="cls0">Upon full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, the primary basis used in determining the retention or reassignment of affected teachers and administrators when a school district implements a reduction-in-force plan shall be the ratings of the teachers and administrators as measured pursuant to the TLE as set forth in Section 6-101.16 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 291, &sect; 14, eff. July 1, 2012. Amended by Laws 2013, c. 373, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-101.40. Suspension, demotion, termination or nonreemployment for cause of support employee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 122, &sect; 1, eff. Jan. 1, 1982. Amended by Laws 1985, c. 143, &sect; 3, eff. July 1, 1985. Renumbered from &sect; 24-133 of this title by Laws 1989, 1st Ex. Sess., c. 2, &sect; 119, operative July 1, 1990. Amended by Laws 1993, c. 215, &sect; 2, emerg. eff. May 24, 1993; Laws 1993, c. 360, &sect; 8, eff. July 1, 1993; Laws 2001, c. 33, &sect; 79, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 20, &sect; 1 repealed by Laws 1993, c. 360, &sect; 16, emerg. eff. June 10, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.41. School support employees - Conviction of felony - Criminal sexual activity or sexual misconduct.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Any felony offense.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 86, operative July 1, 1990. Amended by Laws 1998, c. 411, &sect; 3, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.42. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-101.43. Adoption and publication of disciplinary policy for support personnel Copies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 122, &sect; 2, eff. Jan. 1, 1982. Renumbered from &sect; 24-134 by Laws 1989, 1st Ex. Sess., c. 2, &sect; 119, operative July 1, 1990. Amended by Laws 1993, c. 215, &sect; 3, emerg. eff. May 24, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.44. Adoption of policy prerequisite to disciplinary action.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1981, c. 122, &sect; 3, eff. Jan. 1, 1982. Renumbered from &sect; 24-135 by Laws 1989, 1st Ex.Sess, c. 2, &sect; 119, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.45. Reasonable assurance of employment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 101, &sect; 1, emerg. eff. May 22, 1987. Amended by Laws 1989, c. 111, &sect; 1. Renumbered from &sect; 24-135.1 by Laws 1989, 1st Ex.Sess. c. 2, &sect; 119, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.46. Procedure for disciplinary action.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Nonreemployment shall mean nonrenewal of a support employee's contract upon expiration of the contract.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 122, &sect; 4, eff. Jan. 1, 1982. Renumbered from &sect; 24-136 by Laws 1989, 1st Ex. Sess., c. 2, &sect; 119, operative July 1, 1990. Amended by Laws 1993, c. 215, &sect; 4, emerg. eff. May 24, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.47. Hearing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1981, c. 122, &sect; 5, eff. Jan. 1, 1982. Renumbered from &sect; 24-137 by Laws 1989, 1st Ex.Sess., c. 2, &sect; 119, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-101.48. Employees of business having contract with school - Conviction of sex offense or felony.&nbsp;</span></p> <p><span class="cls0">A. No person or business having a contract with a school or school district to perform work on a full-time or part-time basis that would otherwise be performed by school district employees shall allow any employee to work on school premises if the employee is convicted in this state, the United States or another state of any felony offense unless ten (10) years has elapsed since the date of the criminal conviction or the employee has received a presidential or gubernatorial pardon for the criminal offense.&nbsp;</span></p> <p><span class="cls0">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 the business is currently registered or required to register under the provisions of the Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act. Compliance with this statute shall be required of the person or private business, and there shall be no obligation placed upon a school district to ascertain the truthfulness of the affidavit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 411, &sect; 4, eff. July 1, 1998. Amended by Laws 1999, c. 200, &sect; 2, emerg. eff. May 24, 1999; Laws 2005, c. 205, &sect; 2, eff. July 1, 2005; Laws 2008, c. 347, &sect; 3, eff. Nov. 1, 2008; Laws 2009, c. 2, &sect; 30, emerg. eff. March 12, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2008, c. 162, &sect; 4 repealed by Laws 2009, c. 2, &sect; 31, emerg. eff. March 12, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-102. Renumbered as &sect; 6-101.1 of this title by Laws 1989, 1st Ex.Sess., c. 2, &sect; 116, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-102.1. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-102.2. Renumbered as &sect; 6-101.10 of this title by Laws 1989, 1st Ex.Sess., c. 2, &sect; 117, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-102.3. Renumbered as &sect; 6-101.11 of this title by Laws 1989, 1st Ex.Sess., c. 2, &sect; 117, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-102.4. Renumbered as &sect; 6-101.13 of this title by Laws 1989, 1st Ex.Sess., c. 2, &sect; 118, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-102.6. Renumbered as &sect; 6-101.14 of this title by Laws 1989, 1st Ex.Sess., c. 2, &sect; 118, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-102.7. Renumbered as &sect; 6-101.2 of this title by Laws 1989, 1st Ex.Sess., c. 2, &sect; 116, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103. Repealed by Laws 1989, 1st Ex. Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.1. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.2. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.3. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.4. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.5. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.6. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.7. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.8. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.9. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.10. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.11. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.12. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.13. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.14. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-103.15. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;706104. Sick leave Emergency leave Personal business leave - Medical benefits Service as juror or witness.&nbsp;</span></p> <p><span class="cls0">A. The board of education of each school district in the state shall provide for sick leave for all teachers employed in the district and shall pay such teachers the full amount of their contract salaries during any absence from their regular school duties for a period of time and under such conditions as the board may determine, but not less than the minimum benefits hereafter specified. Payment for sick leave shall be made on the basis of the current salary rate then in effect for the teacher receiving the payment. The plan shall provide that a teacher may be absent from his or her duties due to personal accidental injury, illness or pregnancy, or accidental injury or illness in the immediate family without the loss of salary for not to exceed ten (10) days during each school year, except that said absence without loss of salary for teachers employed on an eleven-month contract shall not exceed eleven (11) days during each school year and for those teachers employed on a twelve-month contract shall not exceed twelve (12) days during each school year, if said contract is for the work period, and not merely for pay purposes. The right to such leave shall vest at the beginning of the school year. Each school district shall provide for all teachers a minimum of three (3) days for personal business leave, upon the request of the teacher. Salary deductions for such leave shall not exceed the salary level for substitute teachers. Provided further, that these terms for personal business leave shall not negate any locally negotiated leave policies which exceed the minimum benefits stated above. Each school district may provide not more than five (5) days each year for emergency leave. Each school district will determine the purposes for which emergency leave can be used. Those days shall not be chargeable to sick leave and will be noncumulative. Unused sick leave shall be cumulative up to a total of sixty (60) days, and cumulative sick leave shall be transferable to another school district where the teacher is employed the next succeeding school year, provided that the number of days transferred shall not exceed the maximum days permitted by the receiving district and that such transferred days shall be used first in case of illness and, provided further, that if the receiving district pays teachers for unused sick leave upon retirement or termination of contract, then said payments shall be for only those days accumulated in the receiving district. The school board of the sending district shall certify the exact number of days eligible for transfer.&nbsp;</span></p> <p><span class="cls0">B. The plan of each school district for sick leave benefits may include other terms and conditions, but shall not provide less sick leave benefits than those prescribed herein. Hospital and medical proceeds may not be charged against sick leave benefits, but the proceeds received by the teacher from any insurance provided by the district for loss of compensable time may be charged against sick leave benefits. Provided the board of education may provide all or part of hospital and medical benefits, and sickness, accident, health and life insurance or any of the aforesaid for any or all of its employees. On authorization of the teacher, the district may approve payroll deductions for such teacher's portion of the aforesaid.&nbsp;</span></p> <p><span class="cls0">C. Each school district shall grant a teacher leave for jury service or as a witness subpoenaed in a criminal, civil or juvenile proceeding and shall pay the teacher during such service the full, current contract salary. Provided that the district may deduct any compensation received for serving as a juror or witness from the teacher's salary during such service.&nbsp;</span></p> <p><span class="cls0">D. A school district shall also provide for benefits for personnel other than teachers. Benefits for support personnel employees shall include provisions for paid sick leave of at least one (1) day per month of employment not to exceed the number of hours per day for which they are regularly employed cumulative to a total of sixty (60) days and cumulative sick leave shall be transferable to another school district where the person is employed the next succeeding school year; provided, that the number of days transferred shall not exceed the maximum days permitted by the receiving district and that such transferred days shall be used first in case of illness up to a maximum of ten (10) transferred days per school year unless the local board of education authorizes the use of additional transferred days during the school year in an amount set by the board and, provided further, that if the receiving district pays such person for unused sick leave upon retirement or termination of employment, then said payments shall be for only those days accumulated in the receiving district. The school board of the sending district shall certify the exact number of days eligible for transfer. Each school district shall provide for all support employees, a minimum of three (3) days for personal business leave, upon the request of the support employee. Salary deductions for personal business leave shall not exceed an amount necessary to cover the costs of services provided to the district by the support employee and shall not exceed the salary of the support employee. The terms for personal business leave provided by this subsection shall not negate any locally negotiated leave policies which exceed the minimum benefits stated above. Payment for such leave shall be calculated with regard to the definition of "support employee" provided by Section 6-101.40 of this title. Provided that such benefits shall not exceed those authorized for teachers hereunder.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Amended by Laws 1982, c. 52, &sect; 1; Laws 1985, c. 112, &sect; 13, eff. Nov. 1, 1985; Laws 1985, c. 143, &sect; 2, eff. July 1, 1985; Laws 1988, c. 104, &sect; 1, eff. July 1, 1988; Laws 1991, c. 190, &sect; 1, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-104.1. Exhaustion of sick and extended leave - Credit for leave without pay.&nbsp;</span></p> <p><span class="cls0">After exhausting sick leave and extended leave pursuant to Sections 6-104 and 6-104.5 of Title 70 of the Oklahoma Statutes, a full-time teacher who, with the proper approval of the district board of education, takes not more than ninety (90) school days of leave without pay to care for the teacher's child during the first year of the child's life, shall receive full credit for the days on leave without pay as though the teacher had been on leave with pay for purposes of computing experience for the minimum teacher salary schedule. A teacher on leave without pay pursuant to this section who pays the actuarial cost, as determined by the Board of Trustees of the Teachers' Retirement System, shall have the period during which such leave without pay is taken, counted toward retirement service credit as though the teacher had been on leave with pay. The teacher shall notify their employer and the System in writing within thirty (30) days from the date he or she returns to service that they will pay such actuarial cost. The teacher shall have up to twelve (12) months from the date he or she returns to service to pay such actuarial cost.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 402, &sect; 1, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;706104.5. Exhausted sick leave Unused sick leave upon termination.&nbsp;</span></p> <p><span class="cls0">A. If, after exhausting all sick leave, a teacher is absent from his or her duties due to personal accidental injury, illness or pregnancy, the teacher shall receive for a period of not to exceed twenty (20) days his or her full contract salary less the amount:&nbsp;</span></p> <p><span class="cls0">1. actually paid a certified substitute teacher for his or her position if a certified substitute teacher is hired; or&nbsp;</span></p> <p><span class="cls0">2. normally paid a certified substitute teacher for his or her position if a certified substitute teacher is not hired.&nbsp;</span></p> <p><span class="cls0">B. The district's plan may provide that the teacher is entitled to payment for accrued but unused sick leave upon termination of employment.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 14, &sect; 1, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;70-6-104.6. Leave sharing programs and banks.&nbsp;</span></p> <p><span class="cls0">A. The board of education of each school district may establish a leave sharing program for all district employees. The program shall permit district employees to donate sick leave to a fellow district employee who is pregnant or recovering from childbirth or who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate employment.&nbsp;</span></p> <p><span class="cls0">B. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Relative of the employee" means a spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee;&nbsp;</span></p> <p><span class="cls0">2. "Household members" means those persons who reside in the same home, who have reciprocal duties to and do provide financial support for one another. This term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune;&nbsp;</span></p> <p><span class="cls0">3. "Severe" or "extraordinary" means serious, extreme or life-threatening including temporary disability resulting from pregnancy, miscarriage, childbirth and recovery therefrom; and&nbsp;</span></p> <p><span class="cls0">4. "District employee" means a teacher or any full-time employee of the school district.&nbsp;</span></p> <p><span class="cls0">C. A district employee may be eligible to receive shared leave pursuant to the following conditions:&nbsp;</span></p> <p><span class="cls0">1. The board of education determines that the employee meets the criteria described in this section; and&nbsp;</span></p> <p><span class="cls0">2. The employee has abided by district policies regarding the use of sick leave.&nbsp;</span></p> <p><span class="cls0">D. A district employee may donate annual leave to another district employee only pursuant to the following conditions:&nbsp;</span></p> <p><span class="cls0">1. The receiving employee has exhausted, or will exhaust, only sick leave earned pursuant to Section 6-104 of this title due to pregnancy, miscarriage, childbirth and recovery therefrom, an illness, injury, impairment, or physical or mental condition, which is of an extraordinary or severe nature, and involves the employee, a relative of the employee or household member;&nbsp;</span></p> <p><span class="cls0">2. The condition has caused, or is likely to cause, the employee to go on leave without pay or to terminate employment;&nbsp;</span></p> <p><span class="cls0">3. The board of education of the district permits the leave to be shared with an eligible employee;&nbsp;</span></p> <p><span class="cls0">4. The amount of leave to be donated is within the limits set by the board of education of the district; and&nbsp;</span></p> <p><span class="cls0">5. District employees may not donate excess sick leave that the donor would not be able to otherwise take.&nbsp;</span></p> <p><span class="cls0">E. The board of education of each school district shall determine the amount of donated leave an employee may receive.&nbsp;</span></p> <p><span class="cls0">F. The board of education shall require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.&nbsp;</span></p> <p><span class="cls0">G. Donated sick leave is transferable between employees of different school districts in the state with the agreement of both boards of education of each school district.&nbsp;</span></p> <p><span class="cls0">H. The receiving employee shall be paid the regular rate of pay of the employee. The sick leave received will be designated as shared sick leave and be maintained separately from all other sick leave balances.&nbsp;</span></p> <p><span class="cls0">I. Any donated sick leave may only be used by the recipient for the purposes specified in this section.&nbsp;</span></p> <p><span class="cls0">J. Only sick leave earned pursuant to Section 6-104 of this title available for use by the recipient must be used prior to using shared sick leave.&nbsp;</span></p> <p><span class="cls0">K. Any shared sick leave not used by the recipient during each occurrence as determined by the board of education shall be returned to the donor. The shared sick leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to the annual leave balance of each donor.&nbsp;</span></p> <p><span class="cls0">L. All donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating sick leave for purposes of the leave sharing program.&nbsp;</span></p> <p><span class="cls0">M. In addition to the sick leave sharing program provided for in this section, the board of education of each school district may establish a sick leave sharing bank for all district employees. A district employee may donate sick leave to a common fund which may be used by any district employee who is eligible to receive shared leave as set forth in subsection A of this section. The terms and conditions for donation and use of sick leave to a leave sharing bank shall be subject to the provisions of this section, unless negotiations, entered into pursuant to Section 509.1 et seq. of this title, between district employees and the school district establish terms and conditions for a sick leave sharing bank in excess of those provided for in this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 30, &sect; 1, eff. July 1, 1993. Amended by Laws 1994, c. 3, &sect; 1, emerg. eff. March 3, 1994; Laws 1995, c. 83, &sect; 1, emerg. eff. April 12, 1995; Laws 1997, c. 160, &sect; 1, eff. July 1. 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-104.7. National disaster leave.&nbsp;</span></p> <p><span class="cls0">A. The board of education of each school district may grant leave with pay not to exceed fifteen (15) working days to a district employee who is affected by a presidentially declared national disaster in Oklahoma after May 1, 1999, if:&nbsp;</span></p> <p><span class="cls0">1. The employee suffered a physical injury as a result of the disaster;&nbsp;</span></p> <p><span class="cls0">2. A relative or household member of the employee suffered a physical injury or died as a result of the disaster; or&nbsp;</span></p> <p><span class="cls0">3. The domicile of the employee or the domicile of a relative of the employee was damaged or destroyed as a result of the disaster.&nbsp;</span></p> <p><span class="cls0">B. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Relative of the employee&rdquo; shall be limited to the spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Household members&rdquo; means those persons who reside in the same home, who have reciprocal duties to and do provide financial support for one another. This term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.&nbsp;</span></p> <p><span class="cls0">C. The authority to grant leave with pay pursuant to subsection A of this section shall extend for a period of not more than six (6) months after the date of a presidentially declared national disaster.&nbsp;</span></p> <p><span class="cls0">D. Annual leave, sick leave, or compensatory time which was charged to a school district employee as a result of the presidentially declared national disaster resulting from the May 3, 1999, tornadoes that would have otherwise been eligible for the leave provision in subsection A of this section, may be reinstated by the governing body. A school district employee entitled to leave with pay pursuant to this section who was charged leave without pay shall be compensated at the base rate of pay of the employee.&nbsp;</span></p> <p><span class="cls0">E. A district board of education may amend an existing leave sharing program or establish a leave sharing program to allow district employees to share sick or annual leave with district employees who are eligible for leave pursuant to subsection A of this section. The disaster-related leave sharing plan shall be subject to the following conditions:&nbsp;</span></p> <p><span class="cls0">1. An employee eligible for disaster-related leave may receive up to fifteen (15) days donated leave;&nbsp;</span></p> <p><span class="cls0">2. The donated leave must be used for disaster-related injuries or matters;&nbsp;</span></p> <p><span class="cls0">3. The eligible employee shall not be required to take or exhaust any of the employee&rsquo;s regular sick, personal, or emergency leave in order to receive donated leave;&nbsp;</span></p> <p><span class="cls0">4. Donated leave may be used to reinstate regular emergency, sick, or personal leave an employee used after May 1, 1999, for disaster-related injuries or matters;&nbsp;</span></p> <p><span class="cls0">5. An eligible employee who was required to take leave without pay for disaster-related injuries or matters may be compensated for up to fifteen (15) days if leave is donated to cover the leave without pay; and&nbsp;</span></p> <p><span class="cls0">6. The district may require documentation to support a request to use donated leave pursuant to this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 306, &sect; 6, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-105. Payment - Duration of employment - Leave of absence for military service - Contracts for training and employment of substitutes.&nbsp;</span></p> <p><span class="cls0">A. If, because of sickness or other reason, a teacher is temporarily unable to perform regular duties, a substitute teacher may be employed for the position for the time of the absence. A substitute teacher shall be paid in an amount and under such terms as may be agreed upon in advance by the substitute teacher and the board of education or according to regulations of the board. If a teacher is absent for reason of personal business the school district shall deduct from the salary of the teacher only the amount necessary to pay the substitute.&nbsp;</span></p> <p><span class="cls0">B. No substitute teacher shall be employed for a total period of time in excess of ninety (90) school days during a school year; or one hundred (100) school days during the school year if the substitute teacher holds a lapsed or expired certificate or has a bachelors level college degree; or no limit of school days during the school year if the substitute teacher holds a valid certificate. Each school district shall adopt a policy which sets forth the maximum number of days a substitute teacher may be employed for the same assignment if the substitute teacher does not hold a valid certificate.&nbsp;</span></p> <p><span class="cls0">C. Substitute teachers who do not hold a valid certificate and who are employed to teach special education for students with physical disabilities or students with mental retardation shall not be subject to the restrictions on total time a substitute teacher may be employed if no certified teachers are available to teach such students and the students would be denied instruction in special education if the substitute teacher were not employed. Beginning with the 2007-08 school year, any substitute teacher employed to teach special education for the same assignment for more than fifteen (15) consecutive or thirty (30) total school days during a school year who does not hold a valid certificate to teach special education shall be required to complete in-service training as prescribed by the State Board of Education. The training shall be provided at no cost to the substitute teacher. Availability of certified teachers shall be determined after the school has consulted the State Board of Education and any other resources for filling the vacant position with a certified teacher.&nbsp;</span></p> <p><span class="cls0">D. A school district may request a waiver of the restrictions on total time a substitute teacher may be employed from the State Board of Education for a substitute teacher who does not hold a valid certificate. The school district shall submit evidence on the availability of certified substitute teachers and the qualifications of the substitute teacher. The Board shall develop procedures for the filing and processing of substitute teacher waivers pursuant to this subsection.&nbsp;</span></p> <p><span class="cls0">E. Payment of salary to a substitute shall have no effect on the amount of salary to which the absent regular teacher is entitled under the applicable leave plan.&nbsp;</span></p> <p><span class="cls0">F. Any substitute or cadet teacher employed in any school system on a monthly or annual basis shall hold a certificate and have a written contract in the manner and under the same conditions as for regular teachers.&nbsp;</span></p> <p><span class="cls0">G. Teachers who are members of the Reserve Forces of the Army, the Navy, the Marine Corps, the Coast Guard, the Air Force, or any other component of the Armed Forces of the United States, including members of the Air or Army National Guard, shall, when ordered by the proper authority to active duty or service, be entitled to a leave of absence from such civil employment for the period of such active service without loss of status or efficiency rating and without loss of pay during the first thirty (30) days of such leave of absence.&nbsp;</span></p> <p><span class="cls0">H. School districts in this state may contract with outside providers for the training and employment of substitute teachers. The State Board of Education shall promulgate guidelines to assist school districts in the sanctioning and approval of an outside provider in accordance with this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6-105, eff. July 2, 1971. Amended by Laws 1976, c. 286, &sect; 3, operative July 1, 1976; Laws 1979, c. 154, &sect; 1, emerg. eff. May 9, 1979; Laws 1987, c. 71, &sect; 1, eff. Nov. 1, 1987; Laws 1991, c. 34, &sect; 1, eff. July 1, 1991; Laws 1994, c. 205, &sect; 1, eff. Sept. 1, 1994; Laws 1997, c. 45, &sect; 1, eff. July 1, 1997; Laws 2000, c. 289, &sect; 1, eff. July 1, 2000; Laws 2006, c. 278, &sect; 2, eff. July 1, 2006; Laws 2010, c. 79, &sect; 1, eff. Nov. 1, 2010; Laws 2012, c. 78, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-105A. Construction of agreements&nbsp;</span></p> <p><span class="cls0">Nothing in this act shall be construed to annul, modify or to preclude the renewal or continuation of any existing agreement heretofore entered into between any school district and any organizational representative of its employees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 286, &sect; 4, operative July 1, 1976.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;706106. Salary Twelve monthly payments.&nbsp;</span></p> <p><span class="cls0">Boards of education are hereby authorized to contract with and pay all teachers in their respective districts in twelve (12) monthly payments or fractional parts of the fiscal year, to be made on the basis of legal contracts between said board and teachers. Procedures for paying teachers shall be in accordance with any plan approved by the State Department of Education.&nbsp;</span></p> <p><span class="cls0">The aggregate amount of such salary payments in any fiscal year shall be as agreed upon by the board and the teacher. Under the terms of a contract for a tenmonth school year as defined in Section 1109 of this title and made in keeping with the provisions of this section, no duties shall be expected or required of the teacher in excess of one hundred ninety (190) days; provided, nothing herein shall be construed as prohibiting the making of contracts for school years of more than ten (10) months. Any district adopting this plan of payment may make it applicable to any or all teachers employed therein. Such plan shall be permissive rather than mandatory and may be discontinued at the close of any fiscal year.&nbsp;</span></p> <p><span class="cls0">All salaries paid in twelve (12) installments pursuant to the provisions of this section shall be for calendar months or fractional parts thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1982, c. 287, &sect; 44, operative July 1, 1982; Laws 1989, c. 335, &sect; 18, eff. July 1, 1989. &nbsp;</span></p> <p><span class="cls0">&sect;70-6-106.1. Distribution of Mentor Teacher Stipend funds.&nbsp;</span></p> <p><span class="cls0">If funds are appropriated to the State Board of Education for Mentor Teacher Stipends, the funds shall be distributed by the Board to the school districts to provide a stipend of not more than Five Hundred Dollars ($500.00) for each mentor teacher as defined in Section 6-182 of this title. In addition to the distribution of the five-hundred-dollar stipend, each district shall also receive the district's contribution amount necessary to meet the Federal Insurance Contributions Act (F.I.C.A.) requirements.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 305, &sect; 10, eff. July 1, 1995. Amended by Laws 2003, c. 415, &sect; 29, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-106.2. &ldquo;Direct deposit system&rdquo; and &ldquo;employee&rdquo; defined &ndash; Implementation and administration of direct deposit system.&nbsp;</span></p> <p><span class="cls0">A. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Direct deposit system&rdquo; means a method of electronically transferring a payroll claim for an employee to a financial institution; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Employee&rdquo; means any certified or support employee as defined in Section 26-103 of Title 70 of the Oklahoma Statutes employed by any school district in this state.&nbsp;</span></p> <p><span class="cls0">B. A school district board of education may adopt a policy implementing a direct deposit system for employees of the school district.&nbsp;</span></p> <p><span class="cls0">C. No school district which chooses to implement a direct deposit system may charge any employee of that school district any fee or assessment as a result of the implementation and administration of a direct deposit system.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 186, &sect; 2, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-106.3. Support employee schedule of payments.&nbsp;</span></p> <p><span class="cls0">A school district board of education, including a technology center school district board of education, may contract with and pay all support employees, as defined in Section 6-101.40 of Title 70 of the Oklahoma Statutes, monthly, semimonthly or biweekly over ten (10), eleven (11) or twelve (12) calendar months or in twelve monthly payments which may be for calendar months or fractional parts thereof in the same manner as provided for the payment of teachers in Section 6-106 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 45, &sect; 2, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-107. Employment of person not holding valid certificate of qualification &ndash; Violation &ndash; Criminal history record check.&nbsp;</span></p> <p><span class="cls0">A. Except for employment of a director of a public developmental research school as authorized in Section 1210.577 of this title and except as provided for in Section 6-101 of this title, it shall be unlawful for a member of the board of education of a school district to employ, approve or vote for the employment of any person to perform services for the district unless the person employed holds a valid certificate of qualification issued in accordance with the rules of the State Board of Education to perform the services the person is employed to perform.&nbsp;</span></p> <p><span class="cls0">B. The State Department of Education shall require each person offered a position within the agency that requires working directly with children to furnish fingerprints to be used for a state and national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6-107, eff. July 2, 1971. Amended by Laws 1993, c. 257, &sect; 11, emerg. eff. May 26, 1993; Laws 2003, c. 204, &sect; 9, eff. Nov. 1, 2003; Laws 2005, c. 185, &sect; 2, emerg. eff. May 17, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;706108. Certificate of qualifications Unlawful to teach without.&nbsp;</span></p> <p><span class="cls0">Except for service as a director of a public developmental research school and service by a faculty member of a higher education institution affiliated with a public developmental research school as specifically authorized in this act and except as provided for in Section 6-101 of this title, it shall be unlawful for any person to serve, or to contract or agree to serve, as superintendent, elementary superintendent, principal, supervisor, librarian, school nurse, classroom teacher or other instructional, supervisory or administrative employee of a school district unless the person holds a valid certificate of qualification issued in accordance with the rules of the State Board of Education to perform the services the person performs or contracts or agrees to perform. The State Board of Education shall provide for the certification of elementary superintendents.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6108, eff. July 2, 1971. Amended by Laws 1991, c. 16, &sect; 5, eff. July 1, 1991; Laws 1993, c. 257, &sect; 12, emerg. eff. May 26, 1993; Laws 2005, c. 185, &sect; 3, emerg. eff. May 17, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-109. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;706110. Agents of school authorities Payment or acceptance of bribes.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful and a misdemeanor for any officer or employee of the State Board of Education, a member of a board of education, or other person acting as an agent of the State Board of Education or any board of education, or of any school teacher, or of any person or organization, to pay or accept any fee, commission or remuneration of any kind or character in payment for services rendered in securing positions for teachers in any of the public schools of this state.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 6110, eff. July 2, 1971; Laws 1993, c. 239, &sect; 30, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-111. Gratuities or rewards - Unlawful to give.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful and a misdemeanor for any person to give, or agree or offer to give, any gratuity or reward in consideration that he or any other person shall be employed as a teacher in any public school of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6-111, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-112. Teachers - Gratuities or rewards in connection with employment.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful and a misdemeanor for any person, directly or indirectly, to ask or receive, or promise to receive any gratuity or reward or promise of a gratuity or reward for employing another person as a teacher in any public school of this state or for procuring for another person employment as a teacher in any public school of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6-112, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;706113. Renumbered as &sect; 650.7 of Title 21 by Laws 1995, c. 241, &sect; 3, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-113.1. Materials on effective classroom discipline techniques to be furnished.&nbsp;</span></p> <p><span class="cls0">The State Department of Education shall provide each local board of education materials dealing with effective classroom discipline techniques as an alternative to the use of corporal punishment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 38, emerg. eff. April 25, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-114. Renumbered as &sect; 24-100.4 of this title by Laws 2002, c. 149, &sect; 5, eff. Nov. 1, 2002.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-115. Information concerning student - Violation.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any teacher to reveal any information concerning a student obtained by the teacher in their capacity as a teacher except as may be required in the performance of the contractual duties of the teacher or as otherwise required by law. The information may be provided to the parent or guardian of the student upon request or as otherwise required by law. Any violation of this section shall upon conviction be considered a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 6-115, eff. July 2, 1971. Amended by Laws 2003, c. 430, &sect; 3, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-116. Repealed by Laws 1983, c. 147, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-117. Repealed by Laws 1983, c. 147, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-118. Repealed by Laws 1983, c. 147, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-119. Repealed by Laws 1983, c. 147, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-120. Repealed by Laws 1977, c. 262, &sect; 20, emerg. eff. June 17, 1977.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-120.1. Repealed by Laws 1983, c. 147, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-121. Repealed by Laws 1983, c. 147, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-122. Repealed by Laws 1977, c. 262, &sect; 20, emerg. eff. June 17, 1977.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-122.1. Repealed by Laws 1989, 1st Ex. Sess., c. 2, &sect; 122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-122.2. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-122.3. Alternative placement teaching certificate - Alternative placement programs - Adjunct teachers.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall grant an alternative placement teaching certificate to a person who makes application to the Board and meets all of the following criteria:&nbsp;</span></p> <p><span class="cls0">1. Holds at least a baccalaureate degree from an institution whose accreditation is recognized by the Oklahoma State Regents for Higher Education and has attained a retention grade point average of not less than 2.50 on a 4.0 scale;&nbsp;</span></p> <p><span class="cls0">2. Has completed a major in a field that corresponds to an area of specialization for an Elementary-Secondary Certificate, a Secondary Certificate or a vocational-technical certificate;&nbsp;</span></p> <p><span class="cls0">3. Declares the intention to earn standard certification by means of an alternative placement program in not more than three (3) years. The State Board of Education shall determine the subject matter of the professional education component of an alternative placement program. The number of clock or semester hours required for the professional education component of an alternative placement program needed to qualify for standard certification shall be as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;baccalaureate degree, eighteen (18) semester hours or two hundred seventy (270) clock hours, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;postbaccalaureate degree, twelve (12) semester hours or one hundred eighty (180) clock hours.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall establish a core minimum of six (6) semester hours or ninety (90) clock hours for the professional education component.&nbsp;</span></p> <p><span class="cls0">The requirements set forth in this subsection shall exclude all student teaching requirements pursuant to the provisions of subsection E of this section;&nbsp;</span></p> <p><span class="cls0">4. Has passed the general education and subject area portions of the competency examination required in Section 6-187 of this title in the area of specialization for which certification is sought; and&nbsp;</span></p> <p><span class="cls0">5. Either presents a document from an accredited public school district in this state offering employment in the area of specialization for which certification is sought on condition that the person enroll in an alternative placement program approved by the State Board of Education or declares the intention to seek employment as a teacher at an accredited public school district in this state. The certificate granted pursuant to this subsection shall be considered a "valid certificate of qualification" for the purposes of Sections 6-107 and 6-108 of this title, and the holder of the certificate shall be considered a resident teacher for the purposes of Section 6-195 of this title.&nbsp;</span></p> <p><span class="cls0">B. An alternative placement teaching certificate shall be renewed for not more than a maximum of three (3) years upon presentation of a document from an accredited public school district in this state offering renewed employment in the same area of specialization and a document from a teacher education institution verifying satisfactory progress in an appropriate alternative placement program.&nbsp;</span></p> <p><span class="cls0">C. Persons enrolled in an alternative placement program shall:&nbsp;</span></p> <p><span class="cls0">1. Have never been denied admittance to a teacher education program approved by the Oklahoma State Regents for Higher Education, the North Central Association of Colleges and Schools and by the Oklahoma Commission for Teacher Preparation to offer teacher education programs, nor have enrolled in and subsequently failed courses necessary to successfully meet the minimum requirements of the program, except those persons who hold a certificate;&nbsp;</span></p> <p><span class="cls0">2. Have on file with the director of teacher education at an Oklahoma institution of higher education a plan for meeting standard certification requirements within three (3) years;&nbsp;</span></p> <p><span class="cls0">3. Participate in the Residency Program, established in Section 6-195 of this title and have the same duties and responsibilities as other resident teachers, except those persons who hold a certificate; and&nbsp;</span></p> <p><span class="cls0">4. Except for persons participating in the federal Troops To Teachers Program, document at least two (2) years of work experience which is related to the subject area of specialization if the person has only a baccalaureate degree with no postbaccalaureate work in a related area.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education may grant an exception to the requirements for licensure and certification and, upon demonstration by an individual of specific competency in the subject area of specialization, may grant a license or certificate to the individual. The State Board may establish other requirements necessary to grant exceptions.&nbsp;</span></p> <p><span class="cls0">E. Student teaching and a prestudent teaching field experience shall not be required of alternative placement program participants for standard certification.&nbsp;</span></p> <p><span class="cls0">F. The State Board of Education shall promulgate rules authorizing adjunct teachers who shall be persons with distinguished qualifications in their field. Adjunct teachers shall not be required to meet standard certification. Adjunct teachers shall be limited to ninety (90) clock hours of classroom teaching per semester.&nbsp;</span></p> <p><span class="cls0">G. Each teacher education institution shall provide the Oklahoma Commission for Teacher Preparation an annual report of information as specified by the Commission regarding participation in the alternative placement programs offered by the Institution.&nbsp;</span></p> <p><span class="cls0">H. The Oklahoma Commission for Teacher Preparation shall not accredit, renew the accreditation of, or otherwise approve any teacher education program of any institution of higher education in this state that has not implemented alternative placement programs in at least four areas of specialization, including mathematics, science and a foreign language. Each institution shall allow individuals who meet the criteria of subsections A and C of this section to be:&nbsp;</span></p> <p><span class="cls0">1. Admitted to an alternative placement program without further qualification; and&nbsp;</span></p> <p><span class="cls0">2. Offered the opportunity to complete the requirements for standard certification set forth in subsection A of this section during the summer preceding and the summer following the first year of teaching with an alternative placement teaching certificate. Any person seeking standard certification through an alternative placement program shall be permitted to take necessary courses during regular semesters if offered.&nbsp;</span></p> <p><span class="cls0">I. The criteria specified in subsection H of this section can be met through a cooperative arrangement entered into by two or more institutions of higher education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 23, emerg. eff. April 25, 1990. Amended by Laws 1991, c. 67, &sect; 1, emerg. eff. April 12, 1991; Laws 1992, c. 308, &sect; 9, eff. June 1, 1992; Laws 1995, c. 177, &sect; 1, eff. July 1, 1995; Laws 1999, c. 202, &sect; 1, eff. July 1, 1999; Laws 2001, c. 425, &sect; 1, emerg. eff. June 5, 2001; Laws 2009, c. 82, &sect; 1, eff. Nov. 1, 2009; Laws 2010, c. 61, &sect; 1, eff. July 1, 2010; Laws 2010, c. 183, &sect; 1, eff. July 1, 2010; Laws 2012, c. 76, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-122.4. License for Teach for America Program participant - Exemption from residency program.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall issue a two-year, nonrenewable license to teach to any person who has been accepted into the Teach for America Program and has on file with the Board a current Oklahoma criminal history record from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history record, the Board may issue a temporary license which shall be effective until receipt of the national fingerprint-based criminal history record. The person applying for a license shall be responsible for the cost of the criminal history records.&nbsp;</span></p> <p><span class="cls0">B. Notwithstanding any other provision of law, the State Board of Education shall issue a certificate to teach to any individual who has:&nbsp;</span></p> <p><span class="cls0">1. Been issued a license pursuant to subsection A of this section;&nbsp;</span></p> <p><span class="cls0">2. Completed the coursework requirements established for participants of the Teach for America Program;&nbsp;</span></p> <p><span class="cls0">3. Successfully passed the assessment requirements established by Teach for America for participants of the Teach for America Program; and&nbsp;</span></p> <p><span class="cls0">4. Submitted an application and payment of the certification fee as prescribed by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 152, &sect; 1, eff. Nov. 1, 2008. Amended by Laws 2009, c. 270, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-122.5. Alternative Placement teaching certificate - Troops to Teachers.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall grant an Alternative Placement teaching certificate to any person:&nbsp;</span></p> <p><span class="cls0">1. Who meets the eligibility requirements for the Troops to Teachers program operated by the United States Department of Defense and managed by the Defense Activity for Non-Traditional Education Support (DANTES); and&nbsp;</span></p> <p><span class="cls0">2. Who meets the requirements set forth in Section 6-122.3 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall adopt rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 89, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-122.6. Temporary teaching license.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall issue a one-year, nonrenewable secondary or middle level license to teach to any person who has attained certification by an alternative teacher certification organization as set forth in subsection C of this section and has on file with the Board a current Oklahoma criminal history record from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history record, the Board may issue a temporary license which shall be effective until receipt of the national fingerprint-based criminal history record. The person applying for a license shall be responsible for the cost of the criminal history records.&nbsp;</span></p> <p><span class="cls0">B. Notwithstanding the provisions of Section 6-195 of Title 70 of the Oklahoma Statutes, teachers issued a license pursuant to this section shall not be subject to the requirements of the residency program, but shall participate in the mentoring program provided by the alternative teacher certification organization as set forth in subsection C of this section. Upon successful completion of such mentoring program, the teacher shall be issued a certificate to teach by the State Board of Education after completion of the application and payment of the certification fee as prescribed by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section, the State Board of Education shall identify an alternative teacher certification organization that was founded with grant funding from the United States Department of Education and that developed the Passport to Teaching program, which is a certification program designed for professionals who want to change careers and become teachers. The program shall require candidates to hold a bachelor&rsquo;s degree, pass a professional teaching knowledge exam, pass a subject area exam, and pass a background check. The organization shall provide candidates with access to workshops, an experienced teacher-advisor, and optional access to comprehensive subject matter refresher courses. The organization shall also provide an intensive mentoring and induction program.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education shall adopt rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 89, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-122.7. Issuance of certificates to teach in the area of mild-moderate or severe-profound disabilities.&nbsp;</span></p> <p><span class="cls0">A. Notwithstanding any other provision of the law, the State Board of Education shall issue a one-year provisional certificate to teach in the area of mild-moderate or severe-profound disabilities to any qualified candidate who has:&nbsp;</span></p> <p><span class="cls0">1. Been recommended for a certificate by a school district board of education or an accredited institution of higher education;&nbsp;</span></p> <p><span class="cls0">2. Satisfactorily completed a one-hundred-fifty-clock-hour special education program prescribed by the Board; and&nbsp;</span></p> <p><span class="cls0">3. On file with the Board a national criminal history record check as required pursuant to Section 5-142 of Title 70 of the Oklahoma Statutes. The individual applying for a provisional certificate shall be responsible for the cost of the national criminal history record check.&nbsp;</span></p> <p><span class="cls0">B. The one-year provisional certificate issued pursuant to this section may be renewed for two (2) additional periods of one-year each upon proof from an accredited institution of higher education that the individual has successfully completed at least six (6) credit hours of prescribed coursework during the previous year in an alternative route to certification program in either mild-moderate or severe-profound disabilities or toward a master's degree in special education.&nbsp;</span></p> <p><span class="cls0">C. Notwithstanding any other provision of law, the State Board of Education shall issue a standard certificate in the area of mild-moderate or severe-profound disabilities to any individual who has:&nbsp;</span></p> <p><span class="cls0">1. Been issued one or more provisional certificates pursuant to this section;&nbsp;</span></p> <p><span class="cls0">2. Successfully completed the prescribed coursework and any required examinations of an alternative route to certification program in either mild-moderate or severe-profound disabilities or a master's degree in special education from an accredited institution of higher education within three (3) years of issuance of the original provisional certificate;&nbsp;</span></p> <p><span class="cls0">3. Successfully completed the appropriate subject area competency examination as required pursuant to Section 6-187 of Title 70 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">4. Submitted an application and payment of the required certification fee.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education shall adopt rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 336, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-122.8. Issuance of standard certificate to teach in the area of mild-moderate or severe-profound disabilities.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other provision of law, the State Board of Education shall issue a standard certificate in the area of mild-moderate or severe-profound disabilities to any individual who has:&nbsp;</span></p> <p><span class="cls0">1. Successfully completed the prescribed coursework and any examination that may be required for a master's degree in special education from an accredited institution of higher education;&nbsp;</span></p> <p><span class="cls0">2. Successfully completed the appropriate subject area competency examination as required pursuant to Section 6-187 of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. On file with the State Board of Education a national criminal history record check as required pursuant to Section 5-142 of Title 70 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">4. Submitted an application and payment of the required certification fee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 336, &sect; 2, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-123. Repealed by Laws 1991, c. 67, &sect; 7, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-123.1. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-124. Repealed by Laws 1991, c. 67, &sect; 7, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-124.1. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-125. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-126. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;706127. Teacher's assistants - Employment - Criteria - Qualifications - Duties - Students to be included in meeting percentage requirement - Bilingual assistants not to qualify as.&nbsp;</span></p> <p><span class="cls0">A. Beginning with the 199091 school year, every school site shall employ a teacher's assistant or use a volunteer for each class in grades kindergarten through two which has a class size of more than twenty (20) students in average daily membership as of September 15 of each year and which is composed of students, at least twenty percent (20%) of whom meet the criteria specified in subsection B of this section; provided, this requirement shall not apply to classes that are not subject to class size limitations pursuant to subsection D of Section 18113.1 of this title or to pullout sections for Chapter 1 or to Special Education students. Assistants shall be required as of September 15 of each year. The State Board of Education shall establish regulations that prescribe the qualifications for and duties of teacher assistants in public schools. The State Board of Education shall also establish standards and regulations which provide for a determination of how and when eacher assistants may be used as an appropriate and necessary part of classroom instruction. In addition to any other duties which the Board may deem appropriate, teacher assistants may perform or assist a classroom teacher in the performance of hallroom duty, bus duty, playground duty, lunchroom duty, extracurricular activities involving school functions or any other noninstructional duty the Board may prescribe. Provided, nothing in this section shall construe teacher assistants to be defined as personnel as set out in Section 6108 of this title or require teacher assistants to possess the certification required for teachers.&nbsp;</span></p> <p><span class="cls0">B. Any student who meets the criteria established by the State Board which are commensurate with established eligibility criteria for participation in the National School Lunch Act of 1946, 42 U.S.C. Section 1751 et seq. as amended, shall be included in the percentage necessary to meet the requirement of subsection A of this section for the entitlement to a teacher's assistant for such class.&nbsp;</span></p> <p><span class="cls0">C. For the purposes of this section, and for Sections 18113.1 and 18113.2 of this title, a federally funded bilingual assistant hall not qualify as a teacher's assistant.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1982, c. 73, &sect; 1; Laws 1988, c. 207, &sect; 2, operative July 1, 1988; Laws 1989, 1st Ex.Sess., c. 2, &sect; 31, emerg. eff. April 25, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-127A. Public school paraprofessionals.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Legislature recognizes that public school paraprofessionals play an important role in educating school children and in assisting teachers. The Legislature further recognizes the increasing role of public school paraprofessionals in the school system in light of teacher shortages. To achieve the goal of excellence for all persons who have an impact on student learning, it is the intent of the Oklahoma Legislature that public school paraprofessionals be afforded career opportunities and economic incentives through a career development program.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall adopt a program for the career development of public school paraprofessionals. The purpose of the program is to provide to public school paraprofessionals a system of career development which is based upon education and training advancement to encourage excellence among public school paraprofessionals. Nothing in this section shall be construed to require public school paraprofessionals to participate in the career development program.&nbsp;</span></p> <p><span class="cls0">For the purposes of this section, a public school paraprofessional is an employee of a school district whose position is either instructional in nature, or who delivers other direct services to students and/or their parents. A public school paraprofessional serves in a position for which a teacher or another professional has the ultimate responsibility for the design, implementation, and evaluation of the individual educational programs or related services and student performance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 295, &sect; 1, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-128. Repealed by Laws 1999, c. 62, &sect; 2, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-129. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995; Laws 1993, c. 155, &sect; 4, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-129.1. Minority Teacher Recruitment Advisory Committee.&nbsp;</span></p> <p><span class="cls0">A. There is hereby re-created until July 1, 2010, in accordance with the Oklahoma Sunset Law, a Minority Teacher Recruitment Advisory Committee which shall have oversight over implementation of the Minority Teacher Recruitment Center and shall advise the operation of such Center. The Advisory Committee shall be composed of nineteen (19) members. The presence of ten Advisory Committee members or their designees shall constitute a quorum. Appointments shall be made by July 1 with members serving a term of two (2) years unless no longer eligible. The Advisory Committee members shall be appointed as follows:&nbsp;</span></p> <p><span class="cls0">1. The Speaker of the House of Representatives shall appoint:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;two members from the Oklahoma House of Representatives,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;two members from an institution of higher education in The Oklahoma State System of Higher Education. One appointee shall be from a comprehensive university. One appointee shall be from a two-year college,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member who is a public school teacher who is a minority,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;one member who is a superintendent or designee of a public school district, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;two members representing a community with a high minority population. One appointee shall be African-American. One appointee shall be Hispanic;&nbsp;</span></p> <p><span class="cls0">2. The President Pro Tempore of the Senate shall appoint:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;two members from the Oklahoma State Senate,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;two members from an institution of higher education in The Oklahoma State System of Higher Education with a teacher preparation program. One appointee shall be from a regional university,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member who is a public school teacher who is a minority,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;one member who is a principal of a public high school, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;two members representing a community with a high minority population. One appointee shall be American Indian. One appointee shall be Asian-American;&nbsp;</span></p> <p><span class="cls0">3. The State Superintendent of Public Instruction or a designee shall serve as a member of the Advisory Committee;&nbsp;</span></p> <p><span class="cls0">4. The Chancellor of Higher Education or a designee shall serve as a member of the Advisory Committee; and&nbsp;</span></p> <p><span class="cls0">5. The Executive Director of the Oklahoma Commission for Teacher Preparation or a designee shall serve as a member of the Advisory Committee.&nbsp;</span></p> <p><span class="cls0">B. Members of the Advisory Committee shall be reimbursed for attendance at the Advisory Committee meetings by the appointing agency pursuant to the State Travel Reimbursement Act or Section 456 of Title 74 of the Oklahoma Statutes. Members of the Advisory Committee shall designate from among the members a chairperson and vice-chairperson. Staff assistance shall be provided by the Minority Teacher Recruitment Center.&nbsp;</span></p> <p><span class="cls0">C. Persons who are members on the effective date of this act shall retain their membership until their terms are completed.&nbsp;</span></p> <p><span class="cls0">D. The Minority Teacher Recruitment Advisory Committee shall:&nbsp;</span></p> <p><span class="cls0">1. Make recommendations on the annual operating budget of the Minority Teacher Recruitment Center and verify that the funds allocated to the Center through the Oklahoma State Regents for Higher Education are utilized exclusively by the Center by function;&nbsp;</span></p> <p><span class="cls0">2. Advise the Oklahoma State Regents for Higher Education of unmet needs within the state in the implementation of the Center's activities;&nbsp;</span></p> <p><span class="cls0">3. Annually comment publicly on the progress of the Center;&nbsp;</span></p> <p><span class="cls0">4. Assist the Oklahoma State Regents for Higher Education in developing and reporting information about the Center when necessary;&nbsp;</span></p> <p><span class="cls0">5. Meet as often as necessary to conduct business; and&nbsp;</span></p> <p><span class="cls0">6. Keep official minutes of the Committee meetings which shall be made available to the public upon request.&nbsp;</span></p> <p><span class="cls0">E. As used in this section and Section 6-130 of this title, "minority" means a person who is a lawful resident of the State of Oklahoma and who is:&nbsp;</span></p> <p><span class="cls0">1. African-American, a person having origins in any of the black racial groups of Africa;&nbsp;</span></p> <p><span class="cls0">2. Hispanic, a person of Mexican, Puerto Rican, Cuban, Central or South American descent;&nbsp;</span></p> <p><span class="cls0">3. Asian-American, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; or&nbsp;</span></p> <p><span class="cls0">4. American Indian and Alaskan Native, a person having origins in any of the original peoples of North America.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 139, &sect; 1, eff. July 1, 1998. Amended by Laws 2004, c. 24, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-130. Minority Teacher Recruitment Center.&nbsp;</span></p> <p><span class="cls0">Recognizing the future significance and challenge of educating a growing and highly diverse student population in Oklahoma common schools and acknowledging the underrepresentation of minority teachers among the state's professional education staff, the Oklahoma State Regents for Higher Education shall have authority to establish the Minority Teacher Recruitment Center and staff and administer its work. Upon recommendations and advice from the Minority Teacher Recruitment Advisory Committee re-created pursuant to Section 1 of this act, the Oklahoma State Regents for Higher Education are hereby directed to work with the State Board of Education, the Oklahoma Commission for Teacher Preparation and other agencies, boards and education organizations in the interests of recruiting, retaining and placing minority teachers in the public schools of the State of Oklahoma. Such efforts shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. The provision and coordination of support services to teacher training programs in state institutions of higher education, including the funding of grants for campus-based recruitment, retention and placement programs that assist minority students who intend to become teachers;&nbsp;</span></p> <p><span class="cls0">2. The establishment and development of recruiting programs for potential minority teachers, including pre-collegiate curricular courses that emphasize school success and the opportunity to investigate teaching as a career choice, future teacher clubs and collegiate programs designed to recruit students making transitions from other careers and other areas of study;&nbsp;</span></p> <p><span class="cls0">3. The hosting of conferences dealing with issues that effect minority teacher recruitment, retention, and placement;&nbsp;</span></p> <p><span class="cls0">4. The creation of activities in the public and private schools of Oklahoma which enhance the image of the teaching profession; and&nbsp;</span></p> <p><span class="cls0">5. The creation and development of placement services providing assistance to both minority educators and school districts seeking to hire qualified minority teachers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 52, emerg. eff. April 25, 1990. Amended by Laws 1992, c. 324, &sect; 9, eff. July 1, 1992; Laws 1995, c. 322, &sect; 27, eff. July 1, 1995; Laws 1997, c. 344, &sect; 1, emerg. eff. June 9, 1997; Laws 1998, c. 139, &sect; 2, eff. July 1, 1998.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, c. 20, &sect; 1 repealed by Laws 1998, c. 205, &sect; 2 and Laws 1998, c. 412, &sect; 7, eff. Sept. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-140. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 75, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.1.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-141. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 76, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.2.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-142. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 77, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.3.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-143. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 78, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.4.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-144. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 79, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.5.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-145. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 80, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.6.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-146. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 81, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.7.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-147. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 82, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.8.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-148. Repealed by Laws 2013, 1st Ex. Sess., c. 7, &sect; 1, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 228, &sect; 83, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). Now see Title 70, &sect; 6-149.9.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-149.1. Short title - School Protection Act.&nbsp;</span></p> <p><span class="cls0">Sections 2 through 10 of this act shall be known and may be cited as the "School Protection Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 2, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-140, which was derived from Laws 2009, c. 228, &sect; 75, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.2. Purpose of act.&nbsp;</span></p> <p><span class="cls0">The purpose of the School Protection Act is to provide teachers, principals, and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 3, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-141, which was derived from Laws 2009, c. 228, &sect; 76, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the School Protection Act:&nbsp;</span></p> <p><span class="cls0">1. "Education employee" means any individual who is an employee of a school; and&nbsp;</span></p> <p><span class="cls0">2. "School" means a public school district, governmental entity that employs teachers as defined in Section 1-116 of Title 70 of the Oklahoma Statutes, or private kindergarten, elementary, or secondary school.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 4, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-142, which was derived from Laws 2009, c. 228, &sect; 77, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.4. False accusations of criminal activity against education employees - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in this section, any person eighteen (18) years of age or older who acts with specific intent in making a false accusation of criminal activity against an education employee to law enforcement authorities or school district officials, or both, shall be guilty of a misdemeanor and, upon conviction, punished by a fine of not more than Two Thousand Dollars ($2,000.00).&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided in this section, any student between seven (7) years of age and seventeen (17) years of age who acts with specific intent in making a false accusation of criminal activity against an education employee to law enforcement authorities or school district officials, or both, shall, upon conviction, at the discretion of the court, be subject to any of the following:&nbsp;</span></p> <p><span class="cls0">1. Community service of a type and for a period of time to be determined by the court; or&nbsp;</span></p> <p><span class="cls0">2. Any other sanction as the court in its discretion may deem appropriate.&nbsp;</span></p> <p><span class="cls0">C. The provisions of this section shall not apply to statements regarding individuals elected or appointed to an educational entity.&nbsp;</span></p> <p><span class="cls0">D. This section is in addition to and does not limit the civil or criminal liability of a person who makes false statements alleging criminal activity by another.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 5, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-143, which was derived from Laws 2009, c. 228, &sect; 78, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.5. Awarding of costs and attorney fees &ndash; Expert witness fees.&nbsp;</span></p> <p><span class="cls0">A. In any civil action or proceeding against a school or an education employee, the court may award costs and reasonable attorney fees to the prevailing party. In any civil action or proceeding by or between any education employee and a school or other education employee, the provisions of this section shall not apply.&nbsp;</span></p> <p><span class="cls0">B. Expert witness fees may be included as part of the costs awarded under this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 6, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-144, which was derived from Laws 2009, c. 228, &sect; 79, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.6. Insurance indemnification not a waiver of defenses.&nbsp;</span></p> <p><span class="cls0">Unless otherwise provided by law, the existence of any policy of insurance indemnifying a school or an education employee against liability for damages is not a waiver of any defense otherwise available to the educational entity or its employees in the defense of the claim.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 7, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-145, which was derived from Laws 2009, c. 228, &sect; 80, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.7. Student assault or acts reasonably causing injury to education employees or volunteers - Penalties.&nbsp;</span></p> <p><span class="cls0">No student enrolled in a school shall assault, attempt to cause physical bodily injury, or act in a manner that could reasonably cause bodily injury to an education employee or a person who is volunteering for the school. Any student in grades six through twelve who violates the provisions of this section shall be subject to out-of-school suspension as provided for in Section 24-101.3 of Title 70 of the Oklahoma Statutes. This section shall be in addition to and does not limit the criminal liability of a person who causes or commits an assault, battery, or assault and battery upon a school employee as provided for in Section 650.7 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 8, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-146, which was derived from Laws 2009, c. 228, &sect; 81, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.8. Benefits not lost by leaves of absence due to assault or battery.&nbsp;</span></p> <p><span class="cls0">An education employee who is injured as a result of an assault or battery upon the person of the employee while the employee is in the performance of any duties as an education employee shall be entitled to a leave of absence from employment with the school without a loss of leave benefits.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 9, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-147, which was derived from Laws 2009, c. 228, &sect; 82, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-149.9. Act does not limit other laws.&nbsp;</span></p> <p><span class="cls0">The School Protection Act shall be in addition to and shall not limit or amend The Governmental Tort Claims Act or any other applicable law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, 1st Ex. Sess., c. 7, &sect; 10, emerg. eff. Sept. 10, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Text formerly resided under repealed Title 70, &sect; 6-148, which was derived from Laws 2009, c. 228, &sect; 83, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-150. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-151. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-152. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-153. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-154. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-154.1. Renewal of Standard Teaching Certificate.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall promulgate rules by which a person who holds a valid Oklahoma Standard Teaching Certificate may satisfy requirements for renewal of the Standard Teaching Certificate by completing staff development programs, conferences and seminars in lieu of teaching experience or higher education credits required by the State Board of Education for certificate renewal. Only programs, conferences and seminars recognized for staff development credit by an Oklahoma public school district at the time the teacher attends the program, conference or seminar may be used to fulfill requirements under this section. The State Board of Education shall not require more staff development credit to be earned for certificate renewal than the Board requires teachers and administrators to earn pursuant to Section 6-158 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. District boards of education may charge a reasonable fee for a holder of a valid Oklahoma Standard Teaching Certificate who is not employed as a teacher or administrator in an Oklahoma public school to attend district-sponsored staff development programs or seminars.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 350, &sect; 2, emerg. eff. June 10, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-155. Repealed by Laws 1992, c. 308, &sect; 15, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-155.1. Repealed by Laws 1988, c. 225, &sect; 26.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-156. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-157. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-158. Repealed by Laws 1992, c. 308, &sect; 15, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-158.1. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-159. Repealed by Laws 1995, c. 322, &sect; 33, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;706160. Renumbered as &sect; 6-191 of this title by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-161. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995; Laws 1993, c. 155, &sect; 4, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-162. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-163. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-164. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-165. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-166. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-167. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-168. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-169. Blank.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-170. Repealed by Laws 1992, c. 308, &sect; 15, eff. Sept. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-171. Renumbered as &sect; 6-181 of this title by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-172. Renumbered as &sect; 6-183 of this title by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-173. Repealed by Laws 1995, c. 322, &sect; 33, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-174. Repealed by Laws 1995, c. 322, &sect; 33, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-175. Renumbered as &sect; 6-188 of this title by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-176. Repealed by Laws 1995, c. 322, &sect; 33, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-177. Repealed by Laws 1995, c. 322, &sect; 33, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;70-6-178. Renumbered as &sect; 6-199 of this title by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-180. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Teacher Preparation Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 1, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-181. Legislative declaration - Interpretation of act.&nbsp;</span></p> <p><span class="cls0">The Legislature, recognizing its obligation to the children of this state to ensure their opportunity to receive an excellent education, and recognizing that the single most important factor affecting the quality of education is the quality of the individual teacher in the classroom, hereby calls for the development, implementation and administration of a new competency-based teacher preparation system in Oklahoma.&nbsp;</span></p> <p><span class="cls0">It is the intent of the Legislature that this act shall be in addition to existing laws governing teachers, and nothing herein shall be construed as repealing or amending any protection to teachers prescribed, or as removing or diminishing any existing power, authority or responsibility of the local boards of education and the State Board of Education not in conflict with the provisions of this act. Nondegreed vocational teachers and school nurses certified under rules promulgated by the State Board of Education shall be exempt from the provisions of this act, except for those provisions concerning professional development programs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 308, &sect; 1, eff. June 1, 1992. Amended by Laws 1994, c. 224, &sect; 1, eff. Sept. 1, 1994; Laws 1995, c. 322, &sect; 2, eff. July 1, 1995. Renumbered from &sect; 6-171 of this title by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-182. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Teacher Preparation Act:&nbsp;</span></p> <p><span class="cls0">1. "Board" means the State Board of Education;&nbsp;</span></p> <p><span class="cls0">2. "Commission" means the Oklahoma Commission for Teacher Preparation until July 1, 2014, and beginning July 1, 2014, means the Commission for Educational Quality and Accountability;&nbsp;</span></p> <p><span class="cls0">3. "State Regents" means the Oklahoma State Regents for Higher Education;&nbsp;</span></p> <p><span class="cls0">4. "Licensed teacher" means any person who holds a valid license to teach, issued by the Board in accordance with the Oklahoma Teacher Preparation Act and the rules of the Board;&nbsp;</span></p> <p><span class="cls0">5. "Professional development program" means the program mandated by the Oklahoma Teacher Preparation Act for the continuous improvement and enrichment of the certified and licensed teachers of this state;&nbsp;</span></p> <p><span class="cls0">6. "Teacher education professional development committee" means the committee created in Section 6-186 of this title for the continuous improvement and enrichment of higher education faculty in teacher education programs in institutions of higher education;&nbsp;</span></p> <p><span class="cls0">7. "Department" means the State Department of Education;&nbsp;</span></p> <p><span class="cls0">8. "Residency committee" means a committee in a school district for the purpose of reviewing the teaching performance of a resident teacher and making recommendations to the Board and the preparing institution of higher education regarding certification of the resident teacher. A residency committee shall consist of a mentor teacher, the principal or an assistant principal of the employing school or an administrator designated by the district board and a teacher educator in a college or school of education of an institution of higher education, or an educator in a department or school outside the institution's teacher education unit. Provided that, if available, qualified mentor teachers shall have expertise in the teaching field of the resident teacher and, if possible, the higher education members of the residency committee shall have expertise and experience in the teaching field of the resident teacher. However, in all cases, at least one member of the residency committee shall have expertise and experience in the teaching field of the resident teacher;&nbsp;</span></p> <p><span class="cls0">9. "Teacher" means a person defined as a teacher in Section 1-116 of this title;&nbsp;</span></p> <p><span class="cls0">10. "Resident teacher" means any licensed teacher who is employed in an accredited school to serve as a teacher under the guidance and assistance of a mentor teacher and residency committee. The resident teacher shall have completed the program of the college or school of education of the accredited institution of higher education from which the person has been graduated, and shall have successfully completed the competency examination in areas of approval in which the resident teacher seeks certification;&nbsp;</span></p> <p><span class="cls0">11. "Certified teacher" means any teacher who has been issued a certificate by the Board in accordance with the Oklahoma Teacher Preparation Act and the rules of the Board;&nbsp;</span></p> <p><span class="cls0">12. "Mentor teacher" means any teacher holding a standard certificate who is employed in a school district to serve as a teacher and who has been appointed to provide guidance and assistance to a resident teacher employed by the school district. A mentor teacher shall be a classroom teacher and have a minimum of two (2) years of classroom teaching experience as a certified teacher.&nbsp;</span></p> <p><span class="cls0">A mentor teacher shall be selected by the principal from a list of qualified teacher volunteers who have submitted their names for that purpose. After compilation of the list, the principal shall provide opportunity for input from the bargaining agent, where one exists. Membership or nonmembership in a professional teacher organization shall not be considered as a factor in selecting a mentor teacher. No teacher may serve as a mentor teacher for more than one resident teacher at a time. When possible, a mentor teacher shall have successfully completed a mentor teacher professional development institute and be assigned to the same school site and have similar certification as the resident teacher;&nbsp;</span></p> <p><span class="cls0">13. "Higher education faculty" means any individual who is employed in a teaching capacity in an institution of higher education, approved or accredited by the Commission for the preparation of education personnel; and&nbsp;</span></p> <p><span class="cls0">14. "Competency examination" means the assessment required in the Oklahoma Teacher Preparation Act for licensure and certification as a teacher and shall consist of tests over general education, professional education and subject areas as defined by the Oklahoma Commission for Teacher Preparation until July 1, 2014, and beginning July 1, 2014, as defined by the Commission for Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 3, eff. July 1, 1995. Amended by Laws 1997, c. 344, &sect; 2, emerg. eff. June 9, 1997; Laws 2005, c. 280, &sect; 1, eff. July 1, 2005; Laws 2012, c. 223, &sect; 8, eff. Jan. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-183. Teacher preparation system described - Timetable for implementation.&nbsp;</span></p> <p><span class="cls0">A. A new teacher preparation system shall include fundamental changes in the current system of teacher preparation and certification standards as was established in Sections 6-150 through 6-158.1 and 6-161 through 6-170 of this title and shall be developed, implemented and administered by the State Board of Education, the Oklahoma State Regents for Higher Education and the Oklahoma Commission for Teacher Preparation pursuant to the provisions of the Oklahoma Teacher Preparation Act. The new teacher preparation system shall be competency-based to include an assessment system designed to measure the competencies desired for teachers.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided by law, the new teacher preparation system shall be fully integrated and implemented by July 1, 1997, and shall be applied for students admitted to a teacher education program on or after September 1, 1997. Students admitted to a teacher education program prior to September 1, 1997, shall be allowed to continue in the present system until September 1, 1999.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 308, &sect; 2, eff. June 1, 1992. Amended by Laws 1994, c. 224, &sect; 2, eff. Sept. 1, 1994; Laws 1995, c. 322, &sect; 4, eff. July 1, 1995. Renumbered from Title 70, &sect; 6-172 by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-184. Authority of the Oklahoma Commission for Teacher Preparation, the State Board of Education, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education.&nbsp;</span></p> <p><span class="cls0">A. Beginning July 1, 1997 through July 1, 2014, the Oklahoma Commission for Teacher Preparation shall have authority for approval and accreditation of teacher education programs and for assessment of candidates for licensure and certification according to the provisions of the Oklahoma Teacher Preparation Act. As part of this duty the Oklahoma Commission for Teacher Preparation shall:&nbsp;</span></p> <p><span class="cls0">1. Include the State Board of Education in the process;&nbsp;</span></p> <p><span class="cls0">2. Review and assess approved, accredited and new programs of teacher education; and&nbsp;</span></p> <p><span class="cls0">3. Encourage studies and research designed to improve teacher education.&nbsp;</span></p> <p><span class="cls0">B. Until July 1, 2014, before adopting any rule pertaining to approval or accreditation of teacher education programs or assessment of candidates for licensure and certification, the Oklahoma Commission for Teacher Preparation shall solicit comments from the State Board of Education, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education on the proposed rule. Within forty-five (45) days of the receipt of the proposed rule from the Oklahoma Commission for Teacher Preparation, the State Board of Education, the State Regents and the State Board of Career and Technology Education shall separately review the proposed rule and return their recommendations to the Commission on the proposed adoption. Each recommendation shall include the rationale for the recommendation. The Oklahoma Commission for Teacher Preparation shall accord the recommendations due deliberation in its subsequent consideration of the adoption of each proposed rule. If the action of the Commission on a proposed rule is not consistent with the recommendation made by any of the reviewing entities, within ten (10) days of the Oklahoma Commission for Teacher Preparation's formal action on the rule, the Commission shall submit a report providing justification for its actions to the Commission for Educational Quality and Accountability.&nbsp;</span></p> <p><span class="cls0">C. Until July 1, 2014, the State Board of Education, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education shall also have authority to recommend to the Oklahoma Commission for Teacher Preparation rules for teacher education program approval and accreditation and rules for teacher assessment. Any such rule recommended shall be considered by the Commission within sixty (60) days of receipt of the rule by the same process provided in subsection A of this section for rules proposed by the Oklahoma Commission for Teacher Preparation.&nbsp;</span></p> <p><span class="cls0">D. Until July 1, 2014, before adopting any rule pertaining to teacher licensure and certification, residency or professional development, the State Board of Education shall solicit comments from the Oklahoma Commission for Teacher Preparation, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education on the proposed rule. Within forty-five (45) days of the receipt of a proposed rule from the State Board of Education, the Oklahoma Commission for Teacher Preparation, the State Regents and the State Board of Career and Technology Education shall separately review the proposed rule and return their recommendations to the Board on the proposed adoption. Each recommendation shall include the rationale for the recommendation. The State Board of Education shall accord the recommendations due deliberation in its subsequent consideration of the adoption of each rule. If the action of the State Board of Education on a proposed rule is not consistent with the recommendation made by any of the reviewing entities, within ten (10) days of the State Board of Education's formal action on the rule, the State Board of Education shall submit a report providing justification for its action to the Education Oversight Board.&nbsp;</span></p> <p><span class="cls0">E. Until July 1, 2014, the Oklahoma Commission for Teacher Preparation, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education shall have authority to recommend to the State Board of Education rules for adoption in the areas of teacher licensure and certification, residency and professional development. Any such rule recommended shall be considered by the State Board of Education within sixty (60) days of the receipt of the rule by the same process provided in subsection C of this section for rules proposed by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">F. Beginning July 1, 2014, the State Board of Education, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education shall have the authority to submit proposed rules regarding teacher education program approval, accreditation, and for teacher assessment to the Commission for Educational Quality and Accountability. All proposed rules shall be considered by the Commission within sixty (60) days of receipt of the proposed rule. The proposed rules shall be considered by the Commission in the same process provided in subsection B of this section for rules proposed by the Oklahoma Commission for Teacher Preparation.&nbsp;</span></p> <p><span class="cls0">G. Beginning July 1, 2014, before adopting any rule pertaining to teacher leadership and effectiveness or professional development, the State Board of Education shall solicit comments from the Commission for Educational Quality and Accountability, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education on the proposed rule. Within forty-five (45) days of the receipt of a proposed rule from the State Board of Education, the Commission for Educational Quality and Accountability, the State Regents and the State Board of Career and Technology Education shall separately review the proposed rule and return their recommendations to the Board on the proposed rule. Each recommendation shall include the rationale for the recommendation. The State Board of Education shall accord the recommendations due deliberation in its subsequent consideration of the adoption of each rule.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 5, eff. July 1, 1995. Amended by Laws 2001, c. 33, &sect; 80, eff. July 1, 2001; Laws 2012, c. 223, &sect; 9, eff. Jan. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-185. Competencies and methods to be incorporated into teacher preparation system.&nbsp;</span></p> <p><span class="cls0">A. The following competencies and methods shall be incorporated into the programs approved by the Oklahoma Commission for Teacher Preparation until July 1, 2014, and approved by the Commission for Educational Quality and Accountability beginning July 1, 2014, for the competency-based teacher preparation system provided for the Oklahoma Teacher Preparation Act:&nbsp;</span></p> <p><span class="cls0">1. The teacher preparation system shall include, but not be limited to, the following competencies:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;excellence in the arts and sciences,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;an in-depth knowledge of the subject matter to be taught,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the ability to identify and cultivate talent and potential in students,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;an understanding of child and human development,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;teaching skills developed through a variety of learning experiences,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the ability to interact effectively with all students,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;skills necessary for working with parents, guardians and custodians of students in the education process,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;skills necessary to involve the community in education,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;skills to foster teamwork within and among schools,&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;for administrators, skills necessary to be an effective leader of a school or school district, and&nbsp;</span></p> <p class="cls2"><span class="cls0">k.&nbsp;&nbsp;skills in effective classroom management and student discipline;&nbsp;</span></p> <p><span class="cls0">2. The preservice program shall include the following methods to achieve the competencies listed in paragraph 1 of this subsection:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;require teacher candidates to study arts and sciences at the undergraduate level,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;require secondary and elementary/secondary teacher candidates to have undergraduate majors, or their equivalents, in a subject area, and require teacher candidates in early childhood, elementary, and special education to have subject area concentrations which allow qualification as a generalist,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;require teacher candidates to study the individuality of students, the capacity of students to learn and the process of learning,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;integrate curriculum from other disciplines with the education curriculum,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;require teacher candidates to have training experiences and personal contact with parents, guardians or custodians of school-age children,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;require teacher candidates to have community involvement experience,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;structure courses so as to require teamwork activities, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;require teacher candidates to study, in existing coursework, substance abuse symptoms identification and prevention, mental illness symptoms identification and mental health issues, classroom management skills, and classroom safety and discipline techniques;&nbsp;</span></p> <p><span class="cls0">3. Until July 1, 2014, the Oklahoma Commission for Teacher Preparation and beginning July 1, 2014, the Commission for Educational Quality and Accountability shall not require more than a four-year program of one hundred twenty-four (124) semester hours to complete a teacher education degree.&nbsp;</span></p> <p><span class="cls0">B. It is the intent of the Legislature that institutions of higher education which offer teacher education programs hold such programs accountable for meeting the licensure and certification competencies approved by the State Board of Education. It is the intent of the Legislature that the teacher education programs incorporate a curriculum to achieve the competency-based system and include integration of the teacher preparation curricula with the arts and sciences departments curricula. Each institution of higher education which seeks accreditation or approval for its teacher education program shall develop an institution plan which follows the State Board of Education competencies for licensure and certification. In developing such institution plans, the higher education institution shall establish a process which seeks information and input from teacher preparation faculty, faculty from arts and sciences and other programs and disciplines which are appropriate, students within the teacher education program, teachers, administrators, parents, guardians or custodians of students and business and community leaders. Until July 1, 2014, each institution shall report annually to the Oklahoma Commission for Teacher Preparation and beginning July 1, 2013, to the Commission for Educational Quality and Accountability the procedures used to inform the public regarding the institution's teacher education program and the manner through which public input is solicited and received. The institution's plan shall be accessible to any interested party under the Oklahoma Open Records Act. No institution of higher education's teacher education program shall be approved by the Commission unless the institution plan has been approved by that institution's governing board. The Oklahoma State Regents for Higher Education may facilitate the development of institution plans to assist institutions of higher education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 6, eff. July 1, 1995. Amended by Laws 1997, c. 344, &sect; 3, emerg. eff. June 9, 1997; Laws 1999, c. 202, &sect; 2, eff. July 1, 1999; Laws 2003, c. 295, &sect; 1, eff. July 1, 2003; Laws 2010, c. 61, &sect; 2, eff. July 1, 2010; Laws 2010, c. 296, &sect; 1, eff. July 1, 2010; Laws 2012, c. 223, &sect; 10, eff. Jan. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-186. Criteria for approval and accreditation of teacher education programs.&nbsp;</span></p> <p><span class="cls0">A. Criteria for the approval and accreditation of teacher education programs in Oklahoma institutions of higher education shall include, but not be limited to, substantial evidence that persons who enter teacher education programs demonstrate:&nbsp;</span></p> <p><span class="cls0">1. Competency in the oral and written use of the English language;&nbsp;</span></p> <p><span class="cls0">2. A minimum grade point average as established by the Oklahoma Commission for Teacher Preparation; and&nbsp;</span></p> <p><span class="cls0">3. The ability to meet criteria established pursuant to the Oklahoma Teacher Preparation Act at the completion of the teacher education program and provide evidence of having worked with children or youth in a variety of situations.&nbsp;</span></p> <p><span class="cls0">Criteria shall also include a greater emphasis upon field work in accredited schools by prospective teachers under the supervision of higher education faculty.&nbsp;</span></p> <p><span class="cls0">B. It is hereby declared to be the intent of the Legislature that the Oklahoma Commission for Teacher Preparation work with the Oklahoma State Regents for Higher Education and the various institutions of higher education in establishing a procedure whereby full-time teacher education faculty continue their professional development during their tenure at an institution of higher education to ensure that the future teachers of this state are taught by professional educators fully trained in their area of expertise. Each approved or accredited program of teacher education shall have a system for documenting and reporting the annual professional development activities of all teacher education faculty members. Faculty professional development reports shall be reviewed by the Commission along with professional development activities as a normal part of the accreditation process.&nbsp;</span></p> <p><span class="cls0">It is further declared to be the intent of the Legislature that such professional development plans provide alternative means of education including, but not limited to:&nbsp;</span></p> <p><span class="cls0">1. Professional development programs;&nbsp;</span></p> <p><span class="cls0">2. Higher education courses;&nbsp;</span></p> <p><span class="cls0">3. Exchange programs with public school classroom teachers, administrators, and other school personnel; and&nbsp;</span></p> <p><span class="cls0">4. Programs whereby all fulltime teacher education faculty members directly involved in the teacher education process, including all administrators of the teacher education program, are required to serve in a state accredited public school for at least ten (10) clock hours per school year in responsibilities related to their respective teacher education teaching fields.&nbsp;</span></p> <p><span class="cls0">All public school systems shall participate in the programs provided for in this subsection when needed.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Commission for Teacher Preparation shall adopt rules requiring specific improvements to strengthen the screening of student applicants and field activity and placement as set out in subsection A of this section. Such rules shall be reviewed and amended or readopted by the Commission at least once every five (5) years.&nbsp;</span></p> <p><span class="cls0">D. To assist the Commission in setting specific requirements as set out in subsections A and C of this section, the Commission shall annually prepare a statistical report showing the percentage of students from each of the Oklahoma institutions of higher education who have successfully completed or who have failed the competency examination for licensure and certification. The annual report shall show the percentages for each institution of higher education and each assessment area separately by student degree status and shall be distributed annually to each member of the Oklahoma Commission for Teacher Preparation, the Oklahoma State Regents for Higher Education, the governing board of each institution which has an approved or state accredited teacher education program, the State Board of Education, the State Board of Career and Technology Education and the Legislature.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 7, eff. July 1, 1995. Amended by Laws 2001, c. 33, &sect; 81, eff. July 1, 2001; Laws 2010, c. 61, &sect; 3, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-187. Competency examinations.&nbsp;</span></p> <p><span class="cls0">A. Prior to July 1, 2014, a competency examination shall be adopted by the Oklahoma Commission for Teacher Preparation and beginning July 1, 2014, a competency examination shall be adopted by the Commission for Educational Quality and Accountability for the general education, professional education and various subject areas and grade levels for purposes of ensuring academic achievement and competency of each teacher candidate or teacher in the subject area the person is seeking licensure or certification to teach which shall also include licensure or certification as an administrator, as prescribed by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">The Commission, consistent with the purposes of this section, shall promulgate rules and procedures to guarantee the confidentiality of examinations.&nbsp;</span></p> <p><span class="cls0">B. No teacher candidate shall be eligible for licensing until successfully completing the competency examination except those candidates who make application to the State Board and meet the criteria for the alternative placement program pursuant to Section 6-122.3 of this title. Certification shall be limited to areas of approval in which the licensed or certified teacher has successfully completed the examination. Subject to the provisions of subsection C of this section, testing for certification for subjects in which a teacher candidate or teacher is seeking a minor teaching assignment or an endorsement to teach shall be limited to the specific subject area test.&nbsp;</span></p> <p><span class="cls0">A teacher candidate or teacher may take the general education, professional education or subject area portions of the examination subject to any limit imposed by the Commission.&nbsp;</span></p> <p><span class="cls0">C. 1. Except as otherwise provided for in this subsection, a teacher may be certified in as many areas as the teacher meets the necessary requirements provided by law and has successfully completed the subject area portion of the examination.&nbsp;</span></p> <p><span class="cls0">2. Except as otherwise provided for in this paragraph, certification in early childhood, elementary, or special education shall require completion of an appropriate teacher education program approved by the Commission.&nbsp;</span></p> <p><span class="cls0">Any teacher who is certified to teach elementary education may be certified in early childhood education upon meeting the requirements provided in law and successful completion of the appropriate subject area portion of the examination. Any teacher who is certified to teach early childhood education may be certified in elementary education upon meeting the requirements provided in law and successful completion of the appropriate subject area portion of the examination. Any special education teacher who becomes certified to teach through completion of an accredited teacher preparation program may be certified in early childhood or elementary education upon meeting the requirements provided in law and successful completion of the appropriate subject portion of the examination. Any teacher who becomes certified to teach through completion of an accredited teacher preparation program or becomes alternatively certified to teach through the Troops to Teachers program may be certified in special education upon meeting the requirements provided in law and successful completion of the appropriate subject area portion of the examination.&nbsp;</span></p> <p><span class="cls0">D. The Commission shall offer the competency examination at least four times per calendar year on dates to be established by the Commission.&nbsp;</span></p> <p><span class="cls0">E. Nothing in the Oklahoma Teacher Preparation Act shall restrict the right of the State Board of Education to issue an emergency or provisional certificate, as needed. Provided, however, prior to the issuance of an emergency certificate, the district shall document substantial efforts to employ a teacher who holds a provisional or standard certificate or who is licensed in the teaching profession. In the event a district is unable to hire an individual meeting this criteria, the district shall document efforts to employ an individual with a provisional or standard certificate or with a license in another curricular area with academic preparation in the field of need. Only after these alternatives have been exhausted shall the district be allowed to employ an individual meeting minimum standards as established by the State Board of Education for the issuance of emergency certificates.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 8, eff. July 1, 1995. Amended by Laws 1997, c. 344, &sect; 4, emerg. eff. June 9, 1997; Laws 1999, c. 62, &sect; 1, eff. July 1, 1999; Laws 2001, c. 425, &sect; 2, emerg. eff. June 5, 2001; Laws 2002, c. 236, &sect; 2, eff. July 1, 2002; Laws 2009, c. 82, &sect; 2, eff. Nov. 1, 2009; Laws 2010, c. 61, &sect; 4, eff. July 1, 2010; Laws 2011, c. 82, &sect; 1, eff. July 1, 2011; Laws 2012, c. 18, &sect; 1, eff. July 1, 2012; Laws 2012, c. 223, &sect; 11, eff. Jan. 1, 2013; Laws 2013, c. 336, &sect; 3, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-187A. Competency examinations - Refund.&nbsp;</span></p> <p><span class="cls0">If a company that provides competency examinations within this state requires payment from a teacher candidate for an examination prior to the release of the previous competency examination results for that candidate, it shall be required to provide a full refund to the teacher candidate in the event he or she successfully passes the previous examination.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 141, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-188. Restructuring of curriculum examination system.&nbsp;</span></p> <p><span class="cls0">The curriculum examination which was required by Section 6-156 of this title shall be restructured into a competency examination by the Oklahoma Commission for Teacher Preparation with the assistance of the State Board of Education, the Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education in accordance with the provisions of Section 6-184 of this title concurrently with the development of the new teacher preparation system. The competency-based teacher examination shall replace the current teacher curriculum examination which was established in Sections 6-150 through 6-158 and 6-162 through 6-170 of this title. The new teacher competency examination shall be ready for implementation and administered by the Commission beginning July 1, 1997. The competency examination shall serve as a threshold for entry into the profession.&nbsp;</span></p> <p><span class="cls0">By September 1, 1995, the Oklahoma Commission for Teacher Preparation shall develop and release a request for proposals for the state teacher competency examination which assesses candidates for licensure and certification for demonstrated competency in subject matter, professional education, and state core knowledge and skills assessment, which includes critical thinking, communication and computation. The Oklahoma Commission for Teacher Preparation shall accept bids in an open, competitive bidding process until January 1, 1996. The Commission shall review all bids and proposals and make recommendations to the Governor and Legislature by March 1, 1996. In evaluating the bids and proposals the Commission shall take into consideration the cost of developing, administering and scoring the competency examination, the cost to each individual tested and to the state, and shall factor in the cost of periodically updating the state competency examination. The curriculum examination as was required by Section 6-156 of this title and in effect July 1, 1994, shall continue to be offered by the State Board of Education until July 1, 1997. Beginning July 1, 1997, the Oklahoma Commission for Teacher Preparation shall have authority to continue to offer that examination as needed and to determine whether a student should take that test in lieu of the competency examination.&nbsp;</span></p> <p><span class="cls0">Successful completion of the curriculum examination as was required by Section 6-156 of this title shall be sufficient to satisfy the competency examination requirement for any person seeking certification in administration who successfully completed the examination prior to May 1, 1999, and who completes a masters degree in school administration or education administration from an accredited institution of higher education prior to December 31, 1999.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 308, &sect; 5, eff. June 1, 1992. Amended by Laws 1995, c. 322, &sect; 9, eff. July 1, 1995. Renumbered from Title 70, &sect; 6-175 by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995. Amended by Laws 1999, c. 311, &sect; 2, emerg. eff. June 4, 1999; Laws 2001, c. 33, &sect; 82, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-189. Licensure and certification system.&nbsp;</span></p> <p><span class="cls0">A. The licensure and certification system required by the Oklahoma Teacher Preparation Act as part of the new teacher preparation system shall be competency-based. The competencies for licensure and certification shall be integrated with competencies specified in Section 6-185 of this title. By July 1, 1996, the State Board of Education shall adopt general competencies for licensure and certification, and by January 1, 1997, the Board shall have adopted full competencies and implemented the licensure and certification systems as required in this act. No higher education courses or credit hours may be specified by the State Board of Education in rules for licensure or certification. Nothing in the licensure and certification rules adopted by the Board shall prohibit the Oklahoma State Regents for Higher Education from adopting policies and procedures it deems appropriate for coursework, grade point average, or credit hours for teacher preparation at institutions in The Oklahoma State System of Higher Education.&nbsp;</span></p> <p><span class="cls0">B. The certification requirements for a school principal not alternatively certified under subsection D of this section shall include not less than:&nbsp;</span></p> <p><span class="cls0">1. Completion of a standard master's degree;&nbsp;</span></p> <p><span class="cls0">2. Completion of a program in education administration approved by the Oklahoma Commission for Teacher Preparation with an emphasis on curriculum, instruction and building-level leadership skills;&nbsp;</span></p> <p><span class="cls0">3. Any other professional education and requirements as may be fixed by the State Board of Education;&nbsp;</span></p> <p><span class="cls0">4. A passing score on the subject area competency examination required in Section 6-187 of this title; and&nbsp;</span></p> <p><span class="cls0">5. A minimum of two (2) years of successful teaching experience in public or private schools accredited by the State Board of Education or by the proper accrediting authority of another state of the United States.&nbsp;</span></p> <p><span class="cls0">C. The certification requirements for a superintendent of schools not alternatively certified under subsection D of this section shall include not less than:&nbsp;</span></p> <p><span class="cls0">1. Certification as a school principal or completion of the certification requirements for a school principal as set forth in subsection B of this section;&nbsp;</span></p> <p><span class="cls0">2. Completion of a program in education administration approved by the Oklahoma Commission for Teacher Preparation with an emphasis on district-level leadership skills, and which shall include the following competencies:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;instructional leadership,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;organizational leadership, including education finance, education law, and risk management,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;collaborative and community leadership, and &nbsp;</span></p> <p class="cls2"><span class="cls0">d. &nbsp;&nbsp;ethical leadership, or&nbsp;</span></p> <p><span class="cls0">The requirement in this paragraph shall not apply to any person who has completed an Oklahoma Commission for Teacher Preparation approved Master&rsquo;s Degree in Education Administration or has completed a program in education administration that included competencies that are substantially equal to those listed in this paragraph, and if the degree or program was completed between the effective date of this act and July 1, 2005;&nbsp;</span></p> <p><span class="cls0">3. Any other professional education and requirements as may be fixed by the State Board of Education;&nbsp;</span></p> <p><span class="cls0">4. A passing score on the subject area competency examination required in Section 6-187 of this title; and&nbsp;</span></p> <p><span class="cls0">5. A minimum of two (2) years of administrative experience in public or private schools accredited by the State Board of Education or by the proper accrediting authority of another state of the United States.&nbsp;</span></p> <p><span class="cls0">D. 1. The standards for alternative certification for superintendents of schools and principals shall include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the completion of a standard master&rsquo;s degree,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;two (2) years of relevant work experience in a supervisory or administrative capacity,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a passing score on the subject area competency examination required in Section 6-187 of this title, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;filing with the director of teacher education at an Oklahoma accredited institution of higher education a plan for completing an alternative administrative preparation program within three (3) years. Relevant work experience and coursework may be considered and applied to complete the plan.&nbsp;</span></p> <p><span class="cls0">2. An alternative certificate for superintendent of schools and principals shall not exceed three (3) years and shall not be renewable.&nbsp;</span></p> <p><span class="cls0">3. Upon successful completion of an alternative administrative preparation program by a participant, the State Board of Education shall issue a standard certificate for superintendent or principal, as applicable, to the applicant.&nbsp;</span></p> <p><span class="cls0">4. Any person participating in an alternative certification program for superintendent of schools and principals on the effective date of this act shall be subject to the program requirements in effect prior to the effective date of this act.&nbsp;</span></p> <p><span class="cls0">E. The certification requirements for a superintendent of a technology center school district shall include not less than a standard master&rsquo;s degree, any other professional education requirements as may be fixed by the State Board of Education, and a minimum of four (4) years teaching, supervisory or administrative experience, which may include teaching of full-time adult students, in a technology center school district. A person meeting the requirements set forth in subsection C of this section shall be eligible for a certificate for superintendent of a technology center school district.&nbsp;</span></p> <p><span class="cls0">F. Certificates may be revoked by the State Board of Education for willful violation of any rule of the Board or of any federal or state law or other proper cause but only after sufficient hearing has been given before the Board.&nbsp;</span></p> <p><span class="cls0">G. Teaching in a Head Start program or programs shall be used for renewal of a standard teaching certificate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 10, eff. July 1, 1995. Amended by Laws 2003, c. 360, &sect; 1; Laws 2004, c. 5, &sect; 83, emerg. eff. March 1, 2004; Laws 2005, c. 212, &sect; 1; Laws 2007, c. 110, &sect; 1, eff. July 1, 2007; Laws 2010, c. 213, &sect; 1, emerg. eff. May 6, 2010; Laws 2012, c. 360, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 228, &sect; 1 repealed by Laws 2004, c. 5, &sect; 84, emerg. eff. March 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-189.1. Licensing or certification of mathematics teachers &ndash; Middle level certification or endorsement &ndash; Required curriculum of professional development institutes.&nbsp;</span></p> <p><span class="cls0">A. Beginning July 1, 2000, no school district shall employ any teacher to teach mathematics in grades seven or eight, unless the teacher is licensed or certified to teach middle or secondary level mathematics or has received middle level endorsement pursuant to subsection B of this section. A school district may employ a teacher without such a license, certificate, or endorsement until September 1, 2003, if the teacher became licensed or certified to teach prior to September 1, 1999.&nbsp;</span></p> <p><span class="cls0">B. Any teacher who became licensed or certified to teach prior to September 1, 1999, does not have middle or secondary level certification in mathematics, and is serving in a school as a mathematics teacher for grades seven or eight shall be required to obtain middle level certification or middle level endorsement before September 1, 2003. For such teachers, middle level certification or middle level endorsement may be obtained as follows:&nbsp;</span></p> <p><span class="cls0">1. Middle level mathematics certification &ndash; A teacher may obtain middle level certification by successfully completing the appropriate Oklahoma Subject Area Test for middle level mathematics administered by the Oklahoma Commission for Teacher Preparation. The teacher shall not be required to take the Oklahoma Professional Teacher Examination for secondary students administered by the Oklahoma Commission for Teacher Preparation. A teacher granted middle level certification pursuant to this paragraph shall be entitled to teach mathematics in grades seven and eight for high school graduation credit; and&nbsp;</span></p> <p><span class="cls0">2. Middle level endorsement &ndash; A teacher may obtain a middle level endorsement by successfully completing a professional development institute in middle level mathematics developed and administered by the Oklahoma Commission for Teacher Preparation. Any professional development institute developed pursuant to this paragraph shall meet the criteria as established in subsection H of this section. A teacher granted middle level endorsement pursuant to this paragraph shall not be entitled to teach mathematics for high school graduation credit.&nbsp;</span></p> <p><span class="cls0">C. Any teacher serving in a school as a mathematics teacher for grade six may obtain middle level endorsement by successfully completing a professional development institute in middle level mathematics developed pursuant to this section. Such teacher shall be eligible to participate in a professional development institute in middle level mathematics developed and administered by the Oklahoma Commission for Teacher Preparation one time free of charge.&nbsp;</span></p> <p><span class="cls0">D. Any teacher seeking middle level certification or middle level endorsement pursuant to subsection B of this section shall be eligible to take the Oklahoma Subject Area Test in middle level mathematics one time free of charge after July 1, 2000, or participate in a professional development institute in middle level mathematics developed and administered by the Oklahoma Commission for Teacher Preparation one time free of charge after July 1, 2000.&nbsp;</span></p> <p><span class="cls0">E. A teacher who is granted middle level certification in mathematics, pursuant to subsection B of this section, may teach grade nine only if the teacher successfully completes the Oklahoma Professional Teacher Examination for secondary students.&nbsp;</span></p> <p><span class="cls0">F. A teacher who is granted middle level endorsement pursuant to subsection B or C of this section may teach mathematics courses in grades seven or eight for high school credit only if the teacher has completed a minimum of twenty-four college credit semester hours of mathematics as specified by the State Department of Education.&nbsp;</span></p> <p><span class="cls0">G. Any teacher who became licensed or certified to teach prior to September 1, 1999, did not have middle or secondary level certification in mathematics and successfully completed the appropriate Oklahoma Subject Area Test for middle level mathematics between July 1, 1999, and July 1, 2000, shall be granted a middle level certificate pursuant to subsection B of this section.&nbsp;</span></p> <p><span class="cls0">H. 1. Any professional development institute in middle level mathematics developed pursuant to this section and administered by the Oklahoma Commission for Teacher Preparation shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;consist of a minimum of thirty (30) clock hours,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;be competency based,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;emphasize effective learning practices,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;require collaboration among participants, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;require each participant to prepare a work product which can be utilized in the classroom by the participant.&nbsp;</span></p> <p><span class="cls0">2. Any professional development institute in middle level mathematics developed pursuant to this section and administered by the Oklahoma Commission for Teacher Preparation shall be chosen through a competitive bid process, be reviewed by a professional development committee and other constituencies, and be subject to peer review. Invitations to bid for a professional development institute shall be open to any public or private entity.&nbsp;</span></p> <p><span class="cls0">I. Beginning July 1, 2013, any teacher with certification or endorsement to teach at the secondary level may teach the subject area in which the teacher has received certification or endorsement in grades five and six.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 4, eff. July 1, 1999. Amended by Laws 2000, c. 232, &sect; 4, eff. July 1, 2000; Laws 2002, c. 291, &sect; 1, eff. July 1, 2002; Laws 2005, c. 171, &sect; 1, eff. July 1, 2005; Laws 2013, c. 8, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-189.2. School psychologist or pyschometrist - Certification.&nbsp;</span></p> <p><span class="cls0">A. Any person seeking licensure or certification as a school psychologist or school psychometrist shall be exempt from the requirement to successfully complete the general education and professional education portions of the competency examination required pursuant to Sections 6-187 and 6-190 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Any person certified as a school psychologist or school psychometrist pursuant to a substitution or exemption as provided in this section shall be required to complete all portions of the competency examination as required pursuant to Sections 6-187 and 6-190 of Title 70 of the Oklahoma Statutes if such person seeks to add certification in another subject in the future.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Commission for Teacher Preparation shall adopt rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 184, &sect; 1, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-190. Qualifications for teacher employment, licensure and certification.&nbsp;</span></p> <p><span class="cls0">A. The board of education of each school district shall employ and contract in writing, as required in Section 6-101 of this title, only with persons certified or licensed to teach by the State Board of Education in accordance with the Oklahoma Teacher Preparation Act, except as otherwise provided for by Section 6-101 of this title and by other law.&nbsp;</span></p> <p><span class="cls0">B. The Board shall issue a license to teach to any person who:&nbsp;</span></p> <p><span class="cls0">1. Has successfully completed the teacher education program required by the State Board of Education prior to July 1, 1997, and the Oklahoma Commission for Teacher Preparation beginning July 1, 1997;&nbsp;</span></p> <p><span class="cls0">2. Has graduated from an accredited institution of higher education that has approval or accreditation for teacher education;&nbsp;</span></p> <p><span class="cls0">3. Has met all other requirements as may be established by the Board;&nbsp;</span></p> <p><span class="cls0">4. Has made the necessary application and paid the competency examination fee in an amount and as prescribed by the Commission;&nbsp;</span></p> <p><span class="cls0">5. Has successfully completed the competency examination required in Section 6-187 of this title; and&nbsp;</span></p> <p><span class="cls0">6. Beginning November 1, 2001, has on file with the Board a current Oklahoma criminal history record from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history record, the Board may issue a temporary license which shall be effective until receipt of the national fingerprint-based criminal history record. The person applying for a license shall be responsible for the cost of the criminal history records.&nbsp;</span></p> <p><span class="cls0">C. The Board shall issue a certificate to teach to any person who:&nbsp;</span></p> <p class="cls2"><span class="cls0">1.&nbsp;&nbsp;a.&nbsp;&nbsp;holds a license to teach in accordance with the Oklahoma Teacher Preparation Act,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;has served a minimum of one (1) school year as a resident teacher,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;has made the necessary application and paid the certification fee as prescribed by the Board, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;has been recommended for certification by the residency committee;&nbsp;</span></p> <p><span class="cls0">2. Holds an out-of-state certificate and meets standards set by the Board; or&nbsp;</span></p> <p><span class="cls0">3. Holds certification from the National Board for Professional Teaching Standards.&nbsp;</span></p> <p><span class="cls0">D. Beginning July 1, 2004, any person applying for initial Oklahoma certification who has not applied for and received an Oklahoma teacher license shall have on file with the Board a current Oklahoma criminal history record from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history record, the Board may issue a temporary certificate which shall be effective until receipt of the national fingerprint-based criminal history record. The person applying for a certificate shall be responsible for the cost of the criminal history records.&nbsp;</span></p> <p><span class="cls0">E. If a resident teacher is a graduate of an out-of-state institution of higher education, the recommendation of the residency committee shall be made to the State Board of Education.&nbsp;</span></p> <p><span class="cls0">F. Any person holding a valid certificate, issued prior to January 1, 1997, shall be a certified teacher for purposes of the Oklahoma Teacher Preparation Act, subject to any professional development requirements prescribed by the Oklahoma Teacher Preparation Act or by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 11, eff. July 1, 1995. Amended by Laws 1997, c. 344, &sect; 5, emerg. eff. June 9, 1997; Laws 2001, c. 34, &sect; 2, eff. Nov. 1, 2001; Laws 2001, c. 425, &sect; 3, emerg. eff. June 5, 2001; Laws 2002, c. 236, &sect; 3, eff. July 1, 2002; Laws 2003, c. 204, &sect; 10, eff. Nov. 1, 2003; Laws 2004, c. 438, &sect; 1, eff. July 1, 2004; Laws 2005, c. 185, &sect; 4, emerg. eff. May 17, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-190.1. Extension of provisional speech-language certificates.&nbsp;</span></p> <p><span class="cls0">Individuals who held a provisional certificate during the 1998-1999 school year in Speech-Language Pathology shall be granted an extension of the provisional certificate by the State Board of Education. On and after July 1, 2005, provisional certificates may be renewed on an annual basis, provided the individual documents admission to and progress toward completion of the relevant master&rsquo;s degree program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 311, &sect; 3, emerg. eff. June 4, 1999. Amended by Laws 2003, c. 434, &sect; 10.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-191. Revolving fund.&nbsp;</span></p> <p><span class="cls0">Until July 1, 1998, there is created in the State Treasury a revolving fund for the State Board of Education, to be designated the "Teachers' Curriculum Examination Revolving Fund". The fund shall consist of curriculum examination fees paid to the Board pursuant to statutory authority. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the administrative authority of the State Board of Education. Expenditures from said fund shall be made to maintain the curriculum examination process as set out in this act. Warrants for expenditure shall be drawn by the State Treasurer on claims signed by an authorized employee or employees of the State Board of Education and approved by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">On July 1, 1997, the State Board of Education shall transfer any unencumbered funds in the Teachers' Curriculum Examination Revolving Fund to the Teachers' Competency Examination Revolving Fund. Any funds which are unexpended on January 1, 1998, shall be transferred to the Teachers' Competency Examination Revolving Fund. On July 1, 1997, there shall be created in the State Treasury a revolving fund for the Oklahoma Commission for Teacher Preparation, to be designated the "Teachers' Competency Examination Revolving Fund". The fund shall consist of all monies received by the Commission from competency examination fees paid pursuant to statutory authority. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the administrative authority of the Oklahoma Commission for Teacher Preparation. Expenditures from said fund shall be made to maintain the competency examination process set out in the Oklahoma Teacher Preparation Act. Warrants for expenditure shall be drawn by the State Treasurer on claims signed by an authorized employee or employees of the Oklahoma Commission for Teacher Preparation and approved by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 284, &sect; 13, emerg. eff. June 10, 1980. Amended by Laws 1995, c. 322, &sect; 12, eff. July 1, 1995. Renumbered from &sect; 6-160 of this title by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995. Amended by Laws 1997, c. 344, &sect; 6, emerg. eff. June 9, 1997; Laws 2012, c. 304, &sect; 598.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-192. Professional development - Legislative intent.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the intent of the Legislature to establish a professional development procedure whereby all teachers in the state continue their education beyond initial licensing and certification by the state to ensure that the children of the state are taught by professional educators, fully prepared in their areas of expertise. Furthermore, such professional development procedure shall provide alternative means of education, including one or more of the following: In-service programs, higher education courses, or other alternative means of education designed to help teachers enrich their professional abilities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 13, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-193. Funding for professional development programs.&nbsp;</span></p> <p><span class="cls0">Each school district shall receive an appropriate amount of funds for the exclusive purpose of professional development. These funds shall be expended for professional development programs within guidelines adopted by the State Board of Education. All funds provided to local school districts shall be provided by and subject to the approval of plans submitted to the State Board of Education by each local school district no later than May 10 of each year. Such funds shall be deposited in a special account within the general fund of the local school district. A list of all expenditures made from such account shall be provided to the professional development committee upon request of the committee chairperson.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 14, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-194. District professional development programs.&nbsp;</span></p> <p><span class="cls0">A. The district boards of education of this state shall establish professional development programs for the certified and licensed teachers and administrators of the district. Programs shall be adopted by each board based upon recommendations of a professional development committee appointed by the board of education for the district. For the fiscal years ending June 30, 2011, and June 30, 2012, a school district board of education may elect not to adopt and offer a professional development program for certified and licensed teachers and administrators of the district. If a school district elects not to adopt and offer a professional development program, the district may expend any monies allocated for professional development for any purpose related to the support and maintenance of the school district as determined by the board of education of the school district.&nbsp;</span></p> <p><span class="cls0">B. Each professional development committee shall include classroom teachers, administrators and parents, guardians or custodians of children in the school district and shall consult with a higher education faculty. A majority of the members of the professional development committee shall be composed of classroom teachers. The teacher members shall be selected by a designated administrator of the school district from a list of names submitted by the teachers in the school district. The members selected shall be subject to the approval of a majority vote of the teachers in the district. At a minimum, once every four (4) years the committee shall include at least one school counselor in its membership.&nbsp;</span></p> <p><span class="cls0">C. In developing program recommendations, each professional development committee shall annually utilize a data-driven approach to analyze student data and determine district and school professional development needs. The professional development programs adopted shall be directed toward development of competencies and instructional strategies in the core curriculum areas for the following goals:&nbsp;</span></p> <p><span class="cls0">1. Increasing the academic performance data scores for the district and each school site;&nbsp;</span></p> <p><span class="cls0">2. Closing achievement gaps among student subgroups;&nbsp;</span></p> <p><span class="cls0">3. Increasing student achievement as demonstrated on state-mandated tests and the ACT;&nbsp;</span></p> <p><span class="cls0">4. Increasing high school graduation rates; and&nbsp;</span></p> <p><span class="cls0">5. Decreasing college remediation rates.&nbsp;</span></p> <p><span class="cls0">Each program may also include components on classroom management and student discipline strategies, outreach to parents, guardians or custodians of students, special education, and racial and ethnic education, which all personnel defined as teachers in Section 1-116 of this title shall be required to complete on a periodic basis. The State Board of Education shall provide guidelines to assist school districts in developing and implementing racial and ethnic education components into professional development programs. At least once a year a program shall be offered which includes a component of teacher training on recognition and reporting of child abuse and neglect which all teachers shall be required to complete. Additionally at least one time per year, beginning in the 2009-2010 school year, training in the area of autism shall be offered and all resident teachers of students in early childhood programs through grade three shall be required to complete the autism training during the resident year and at least one time every three (3) years thereafter. All other teachers and education support professionals of students in early childhood programs through grade three shall be required to complete the autism training at least one time every three (3) years. The autism training shall include a minimum awareness of the characteristics of autistic children, resources available and an introduction to positive behavior supports to challenging behavior. Each adopted program shall allow school counselors to receive at least one-third (1/3) of the hours or credit required each year through programs or courses specifically designed for school counselors.&nbsp;</span></p> <p><span class="cls0">Districts are authorized to utilize any means for professional development that is not prohibited by law including, but not limited to, professional development provided by the district, any state agency, institution of higher education, or any private entity.&nbsp;</span></p> <p><span class="cls0">D. Except as otherwise provided for in this subsection, each licensed or certified teacher in this state shall be required by the district board of education to meet the professional development requirements established by the board, or established through the negotiation process. Except as otherwise provided for in this subsection, the professional development requirements established by each board of education shall require every teacher to annually complete a minimum number of the total number of points required to maintain employment. Failure of any teacher to meet district board of education professional development requirements may be grounds for nonrenewal of such teacher's contract by the board. Such failure may also be grounds for nonconsideration of salary increments affecting the teacher. For the fiscal years ending June 30, 2011, and June 30, 2012, a licensed or certified teacher shall not be required to complete any points of the total number of professional development points required. Provided, a teacher may elect to complete some or all of the minimum number of points required for the two (2) fiscal years and any points completed shall be counted toward the total number of points required to maintain employment. If a teacher does not complete some or all of the minimum number of points required for one (1) or both fiscal years, the total number of points required to maintain employment shall be adjusted and reduced by the number of points not completed.&nbsp;</span></p> <p><span class="cls0">E. Each district shall annually submit a report to the State Department of Education on the district level professional development needs, activities completed, expenditures, and results achieved for each school year by each goal as provided in subsection C of this section. If a school district elects not to adopt and offer a professional development program as provided for in subsection A of this section, the district shall not be required to submit an annual report as required pursuant to this subsection but shall report to the State Department of Education its election not to offer a program and all professional development activities completed by teachers and administrators of the school district.&nbsp;</span></p> <p><span class="cls0">F. Subject to the availability of funds, the Department shall develop an online system for reporting as required in subsection E of this section. The Department shall also make such information available on its website.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 15, eff. July 1, 1995. Amended by Laws 1996, c. 350, &sect; 1, eff. July 1, 1996; Laws 1997, c. 349, &sect; 5, eff. July 1, 1997; Laws 1998, c. 5, &sect; 23, emerg. eff. March 4, 1998; Laws 2000, c. 289, &sect; 2, eff. July 1, 2000; Laws 2003, c. 295, &sect; 2, eff. July 1, 2003; Laws 2005, c. 127, &sect; 1, eff. July 1, 2005; Laws 2006, c. 227, &sect; 3, eff. July 1, 2006; Laws 2007, c. 1, &sect; 69, emerg. eff. Feb. 22, 2007; Laws 2007, c. 52, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 399, &sect; 2, eff. Nov. 1, 2008; Laws 2010, c. 457, &sect; 3; Laws 2011, c. 1, &sect; 41, emerg. eff. March 18, 2011; Laws 2013, c. 83, &sect; 10, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1997, c. 342, &sect; 1 repealed by Laws 1998, c. 5, &sect; 29, emerg. eff. March 4, 1998. Laws 2006, c. 192, &sect; 1 repealed by Laws 2007, c. 1, &sect; 70, emerg. eff. Feb. 22, 2007. Laws 2006, c. 278, &sect; 3 repealed by Laws 2007, c. 1, &sect; 71, emerg. eff. Feb. 22, 2007. Laws 2010, c. 455, &sect; 1 repealed by Laws 2011, c. 1, &sect; 42, emerg. eff. March 18, 2011.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1996, c. 350, &sect; 1 superseded Section 7 of Enrolled Senate Bill No. 1100 of the 2nd Session of the 45th Oklahoma Legislature, which was vetoed by the Governor.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-194.2. Scholarships for attending Great Expectations Summer Institutes for Teachers.&nbsp;</span></p> <p><span class="cls0">A. Beginning with the 1997-98 school year, the State Board of Education shall award scholarships to public school districts who wish to have teachers and administrators from certain school sites attend the Great Expectations Summer Institutes for Teachers offered by an institution within The Oklahoma State System of Higher Education. Any school district applying for a scholarship for teachers and administrators from a school site which is currently, or has been, identified as a school in need of improvement pursuant to the provisions of Section 1210.541 of this title for any of the previous three (3) school years, shall be given priority for receipt of such scholarship. Scholarships shall be awarded based on the amount of funds allocated to the State Department of Education for such purpose.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall develop criteria for scholarship awards and shall promulgate rules as necessary to implement the process by which the scholarships shall be awarded.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 335, &sect; 2, eff. July 1, 1997. Amended by Laws 2000, c. 156, &sect; 1, emerg. eff. April 28, 2000; Laws 2013, c. 83, &sect; 11, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-194a. Northeastern Oklahoma State University Great Expectations Summer Institutes for Teachers.&nbsp;</span></p> <p><span class="cls0">A. Beginning with the 1996-97 school year, the State Board of Education shall award scholarships, on a first-come first-serve basis, to public school districts who wish to have teachers and administrators from certain school sites attend Northeastern Oklahoma State University Great Expectations Summer Institutes for Teachers. Provided, any school district applying for a scholarship for teachers and administrators from a school site which is currently, or has been declared, a high challenge school pursuant to the provisions of subsection B of Section 1210.541 of Title 70 of the Oklahoma Statutes for any of the previous three (3) school years, shall be given priority for receipt of such scholarship. Scholarships shall be awarded based on the amount of funds allocated for such purpose.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall promulgate rules as necessary to implement the process by which the scholarships shall be awarded.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 350, &sect; 2, eff. July 1, 1996.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1996, c. 350, &sect; 2 superseded Section 9 of Enrolled Senate Bill No. 1100 of the 2nd Session of the 45th Oklahoma Legislature which was vetoed by the Governor.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-195. Residency program.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Education shall administer a residency program which shall be approved by the State Board of Education. Such program shall be developed in consultation with the teacher education institutions, the Oklahoma Commission for Teacher Preparation and the district boards of education. Such program shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Guidelines and assignments for resident teacher positions in the school districts;&nbsp;</span></p> <p><span class="cls0">2. Requirements and guidelines for selection and appointment of mentor teachers which must include any requirements specified in the Oklahoma Teacher Preparation Act;&nbsp;</span></p> <p><span class="cls0">3. Guidelines for the appointment and functions of a residency committee; and&nbsp;</span></p> <p><span class="cls0">4. An appropriate professional development program for the resident teacher.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided in the Oklahoma Teacher Preparation Act, no person shall be certified to teach in the accredited schools of this state, unless such person:&nbsp;</span></p> <p><span class="cls0">1. Has completed at least one (1) school year of teaching service as a resident teacher in the residency program as provided in the Oklahoma Teacher Preparation Act;&nbsp;</span></p> <p><span class="cls0">2. Has been recommended for certification by the appointed residency committee after completion of not less than one (1) or more than two (2) school years of resident teaching service; and&nbsp;</span></p> <p><span class="cls0">3. Has successfully completed the curriculum examination as prescribed by the Board prior to July 1, 1997, and the competency examination as prescribed by the Commission beginning July 1, 1997.&nbsp;</span></p> <p><span class="cls0">C. Any person who has been issued a license to teach by the Board may be employed on a temporary or continuing contract basis as a resident teacher by an accredited school upon appointment by the district board of education or by a private or public provider of early childhood education programs as authorized in Section 11-103.7 of this title.&nbsp;</span></p> <p><span class="cls0">D. Upon placement of a licensed teacher in a resident teacher position at a public school, the district board of education shall appoint the residency committee members, as prescribed in the Oklahoma Teacher Preparation Act, who shall have the following duties:&nbsp;</span></p> <p><span class="cls0">1. Meet with the resident teacher as may be required by the Board;&nbsp;</span></p> <p><span class="cls0">2. Work with the resident teacher to assist in all matters concerning classroom management and professional development for that teacher;&nbsp;</span></p> <p><span class="cls0">3. Provide for meaningful parental, guardian or custodian input as one criterion in evaluating the resident teacher's performance; and&nbsp;</span></p> <p><span class="cls0">4. Upon completion of one (1) school year of residency, make recommendations to the Board and the preparing institution of higher education as to whether the resident teacher should be issued a certificate or whether such resident teacher shall be required to serve as a resident teacher for one (1) additional school year. In the event a resident teacher serves a second year, the recommendation of the residency committee to the Board and the institution of higher education after the second year shall be for either certification or noncertification.&nbsp;</span></p> <p><span class="cls0">Upon recommendation from the residency committee for noncertification or an additional year in the residency program, such residency committee shall, upon request of the resident teacher, supply a list to the resident teacher of the reasons for such recommendation. The list of reasons shall remain confidential, except as otherwise provided by the resident teacher.&nbsp;</span></p> <p><span class="cls0">In the event a resident teacher is required to serve an additional year in the residency program, the resident teacher shall not be required to be under the supervision of the same residency committee, or any member of the committee, which supervised the resident teacher during the initial year in the program; and&nbsp;</span></p> <p><span class="cls0">5. In the event the committee recommendation to the Board and the institution of higher education is for certification, a residency committee shall also recommend a professional development program for the resident teacher, designed to strengthen the resident teacher's teaching skills in any area identified by the committee.&nbsp;</span></p> <p><span class="cls0">All resident years shall count toward salary, fringe benefit adjustments, career status and retirement.&nbsp;</span></p> <p><span class="cls0">E. Upon employment of a licensed teacher in a resident teacher position by a private or public provider of early childhood education programs pursuant to a contract as authorized in Section 11-103.7 of this title, the district board of education shall appoint the residency committee members, as prescribed in the Oklahoma Teacher Preparation Act. The residency committee members shall have the same duties as prescribed in subsection D of this section.&nbsp;</span></p> <p><span class="cls0">F. Nothing in this act shall be construed as requiring more than one (1) year of employment at the resident level before a standard certificate can be issued to a resident teacher.&nbsp;</span></p> <p><span class="cls0">The professional development program shall commence with the residency year and shall require continuing education throughout the career of a teacher.&nbsp;</span></p> <p><span class="cls0">G. For the 2003-04 school year, if the district board of education is unable to find a teacher willing to serve as a mentor teacher, the district may leave the position of mentor teacher on the residency committee unfilled. If the district leaves the position unfilled, the remaining members of the residency committee may carry out the duties of the committee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 16, eff. July 1, 1995. Amended by Laws 2001, c. 403, &sect; 1, eff. July 1, 2001; Laws 2003, c. 434, &sect; 11; Laws 2009, c. 25, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-195.1. Continuing education for mathematics teachers &ndash; Implementation contingency &ndash; Verification of expenditure levels.&nbsp;</span></p> <p><span class="cls0">A. It is hereby declared to be the intent of the Legislature to establish a continuing education program whereby teachers employed to teach mathematics may obtain certification in mathematics and teachers certified to teach mathematics in the state may take higher education courses in order to obtain the competencies needed to enable the teacher to successfully complete the subject area examinations and become certified to teach any of the core curriculum mathematics courses recommended by the American College Test. The program shall pay up to One Hundred Dollars ($100.00) per credit hour up to a maximum of twenty-four (24) credit hours for a teacher to take higher education courses in mathematics. Teachers required to gain certification as provided in Section 6-189.1 of this title shall be given priority in the funding for the continuing education program. The purpose of the program is to improve the knowledge and skills of teachers and to ensure that the children of the state are taught by professional educators, fully prepared in the area of mathematics.&nbsp;</span></p> <p><span class="cls0">B. Implementation of this section shall be contingent upon the appropriation of state funds by the Legislature for the specific purpose of implementing this section. Nothing in this section shall prevent the State Board of Education or a school district board of education from utilizing private, local, or federal funds to implement this section.&nbsp;</span></p> <p><span class="cls0">C. Implementation of this section shall be delayed until the current expenditure per pupil in average daily attendance in public elementary and secondary schools in unadjusted dollars for the 1998-99 school year or any school year thereafter for Oklahoma, as reported by the National Center for Education Statistics annually in the Digest of Education Statistics, reaches at least ninety percent (90%) of the regional average expenditure for that same year, and funds are provided. For purposes of this section, the regional average expenditure shall consist of the current expenditure per pupil in average daily attendance in public elementary and secondary schools in unadjusted dollars for each of the following states: Arkansas, Colorado, Kansas, Missouri, New Mexico, Oklahoma, and Texas, averaged together. By January 1 of each year, the State Board of Education shall report whether or not the ninety-percent expenditure level has been reached based on information reported annually in the Digest of Education Statistics by the National Center for Education Statistics. This section shall be implemented on July 1 after the first January 1 report verifies that the ninety-percent expenditure level has been reached and funds have been provided for the specific purposes of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 45, eff. July 1, 1999. Amended by Laws 2001, c. 201, &sect; 2; Laws 2003, c. 434, &sect; 21.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-195.2. Mathematics professional development programs.&nbsp;</span></p> <p><span class="cls0">A. Subject to the availability of funds, the Oklahoma Commission for Teacher Preparation shall develop and administer mathematics professional development programs which will be provided for any teacher who became licensed or certified to teach in elementary education or early childhood education prior to July 1, 2001, and is serving as a teacher in a public school in this state in kindergarten through third grade. The purpose of the professional development program shall be to improve the knowledge and skills of the teachers and to ensure that the elementary grade students of the state are taught by professional educators fully prepared in the area of mathematics.&nbsp;</span></p> <p><span class="cls0">B. Any professional development program offered to teachers pursuant to the provisions of this section shall:&nbsp;</span></p> <p><span class="cls0">1. Be scientifically research-based professional development; and&nbsp;</span></p> <p><span class="cls0">2. Meet state law requirements for professional development administered by the Commission.&nbsp;</span></p> <p><span class="cls0">C. The professional development program offered to teachers pursuant to the provisions of this section shall address both content skill and methodology, and may contain a technology component.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 274, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-196. Review of contracts with professional development centers.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall review all contracts with the professional development centers used for professional development purposes prior to entering into any contracts with such centers. The State Board of Education shall examine:&nbsp;</span></p> <p><span class="cls0">1. The purpose of the contract;&nbsp;</span></p> <p><span class="cls0">2. The expenditure of funds provided for in the previous year by the state to each center provided for in this section;&nbsp;</span></p> <p><span class="cls0">3. The budgeted salaries of employees and administrators of such centers; and&nbsp;</span></p> <p><span class="cls0">4. Any other item the State Board of Education determines is necessary.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall submit an annual report to the Governor and Legislature by January 1 of each year, which gives the information specified in subsection A of this section for each individual center and which includes the following:&nbsp;</span></p> <p><span class="cls0">1. The purpose of the center;&nbsp;</span></p> <p><span class="cls0">2. The hours and days of operation of the center throughout the year;&nbsp;</span></p> <p><span class="cls0">3. The number of school districts actually served and the number of actual teachers by school district served;&nbsp;</span></p> <p><span class="cls0">4. The number and kinds of sponsored professional development activities and dates and any related performance evaluations;&nbsp;</span></p> <p><span class="cls0">5. All sources of funding and actual full-time-employees (FTE); and&nbsp;</span></p> <p><span class="cls0">6. Evidence of evaluation of services by users.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 17, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-197. Persons subject to licensure and certification procedures.&nbsp;</span></p> <p><span class="cls0">A. All students graduating from an accredited institution of higher education approved or accredited by the Oklahoma Commission for Teacher Preparation for the preparation of educational personnel on or after September 1, 1999, and seeking to enter the public education system as a teacher shall be subject to the assessment, certification and licensing procedures established in the Oklahoma Teacher Preparation Act. Except as provided for in subsection B of this section, all students graduating from an accredited institution of higher education prior to September 1, 1999, and seeking to enter the public education system as a teacher shall be subject to the assessment, licensing and certification requirements in effect before July 1, 1997.&nbsp;</span></p> <p><span class="cls0">B. Any person who graduates from an accredited institution of higher education prior to September 1, 1999, and seeks certification or endorsement subsequent to September 1, 1999, to teach a subject area which the teacher was not certified to teach prior to September 1, 1999, following completion of the required higher education shall be required to successfully complete the competency examination for such subject area prior to receiving such certification or endorsement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 18, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-198. Rules.&nbsp;</span></p> <p><span class="cls0">On or before January 1, 1996, the State Board of Education shall review each of its rules pertaining to teacher education, testing, licensure and certification, entry-year and staff development for the purpose of repealing or modifying such rules or adopting new rules to be consistent with the provisions and purposes of the Oklahoma Teacher Preparation Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 19, eff. July 1, 1995.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-199. Oklahoma Commission for Teacher Preparation - Creation - Duties.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Oklahoma Commission for Teacher Preparation. The Commission shall be composed of twenty-four (24) members, twenty of whom shall be voting members and four of whom shall be ex officio, nonvoting members. The voting members shall serve staggered terms of three (3) years, except as otherwise provided, and shall be appointed as follows:&nbsp;</span></p> <p><span class="cls0">1. The Speaker of the House of Representatives shall appoint:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;one public school teacher who is an employee of an Oklahoma public school district, who shall serve an initial term of two (2) years,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one lay person who has at least one child who is a student in an elementary or secondary public school in this state,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member of the Oklahoma State Regents for Higher Education who shall serve an initial term of two (2) years,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;one member who is a principal of an Oklahoma public school who shall serve an initial term of one (1) year, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;one lay person who has demonstrated long-term commitment to continual improvement of education;&nbsp;</span></p> <p><span class="cls0">2. The President Pro Tempore of the Senate shall appoint:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one public school teacher who is an employee of an Oklahoma public school district to serve an initial term of one (1) year,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member of the State Board of Education who shall serve an initial term of one (1) year,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one lay person who has had some educational employment experience,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;one member who is a public school superintendent of an Oklahoma public school district to serve an initial term of two (2) years, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;one lay person who has demonstrated long-term commitment to continual improvement of education;&nbsp;</span></p> <p><span class="cls0">3. The Governor shall appoint:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member from a private Oklahoma institution of higher education who is the dean or director of an approved teacher education program who shall serve an initial term of one (1) year,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member of the Oklahoma State Regents for Higher Education who shall serve an initial term of two (2) years,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member of the State Board of Education,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;one teacher from a technology center school district who shall serve an initial term of one (1) year,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;one member from an institution of higher education in The Oklahoma State System of Higher Education who is on the arts and sciences faculty to serve an initial term of two (2) years,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;one member from an institution of higher education in The Oklahoma System of Higher Education who is on the teacher education faculty,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;two public school teachers who are employees of an Oklahoma public school district, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;two lay persons who have demonstrated long-term commitment to continual improvement of education;&nbsp;</span></p> <p><span class="cls0">4. The ex officio, nonvoting members shall include the State Superintendent of Public Instruction, the Chancellor of Higher Education, the Director of the Oklahoma Department of Career and Technology Education and the Secretary of Education or their designees.&nbsp;</span></p> <p><span class="cls0">B. 1. The members of the Commission shall serve without compensation, but shall be allowed actual and necessary expenses incurred in the performance of their duties, as provided in the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">2. The Commission shall hold meetings as necessary at a place and time fixed by the Commission. The first meeting of the Commission, which shall be held on or after July 1, 1995, shall be called by the Executive Director of the Commission. At the first meeting, the Commission shall select one of the members to serve as chair and another member to serve as vice-chair. At the first ensuing meeting in each fiscal year thereafter, the chair and vice-chair for the ensuing year shall be elected. Special meetings may be called by the chair or by five members of the Commission by delivery of written notice to each member of the Commission. A majority of the voting members of the Commission shall be present at the meeting to constitute a quorum of the Commission.&nbsp;</span></p> <p><span class="cls0">3. The Commission may promulgate rules and set fees pursuant to the purposes of the Oklahoma Teacher Preparation Act.&nbsp;</span></p> <p><span class="cls0">4. The Commission shall assist the State Board of Education and the Oklahoma State Regents for Higher Education in conducting necessary reviews and planning activities related to the purposes of this act. The Commission shall provide a public forum for receiving comments and disseminating information to the public and the education community regarding the purposes of the Oklahoma Teacher Preparation Act. The Commission shall have the authority to make recommendations to and otherwise consult with the State Board of Education, the Oklahoma State Regents for Higher Education, the State Board of Career and Technology Education, the Education Oversight Board and the Legislature on matters which relate to the purposes of the Oklahoma Teacher Preparation Act.&nbsp;</span></p> <p><span class="cls0">5. The terms of the members shall begin July 1 of the applicable year.&nbsp;</span></p> <p><span class="cls0">C. Appointing authorities shall seek to provide a broad geographic representation of the members serving on the Commission.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Commission for Teacher Preparation may contract for services or employ staff, as needed, to fulfill its duties and responsibilities. The Commission may enter into a contract which includes an agreement with a state agency, board or commission to provide administrative support to the Commission. The Commission may accept federal grants and other federal funds to carry out the purposes of the Commission.&nbsp;</span></p> <p><span class="cls0">E. Members of the Commission shall be exempt from the provisions of Section 6 of Title 51 of the Oklahoma Statutes, which prohibits the holding of any other office during the member's term of office on the Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 308, &sect; 8, eff. June 1, 1992. Amended by Laws 1993, c. 350, &sect; 1, emerg. eff. June 10, 1993; Laws 1994, c. 224, &sect; 6, eff. Sept. 1, 1994; Laws 1995, c. 322, &sect; 20, eff. July 1, 1995. Renumbered from Title 70, &sect; 6-178 by Laws 1995, c. 322, &sect; 34, eff. July 1, 1995. Amended by Laws 1997, c. 344, &sect; 7, emerg. eff. June 9, 1997; Laws 2001, c. 33, &sect; 83, eff. July 1, 2001; Laws 2001, c. 425, &sect; 4, emerg. eff. June 5, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-200. Professional development institutes.&nbsp;</span></p> <p><span class="cls0">A. Subject to the availability of funds, the State Board of Education shall have authority to develop and administer training for residency committees and training for professional development through professional development institutes. Included in the professional development institutes training shall be technology training. Professional development institutes shall be defined as continuing education experiences which consist of a minimum of thirty (30) clock hours. The institutes shall be competency-based, emphasize effective learning practices, require collaboration among participants, and require each participant to prepare a work product which can be utilized in the classroom by the participant. Any state professional development institutes administered by the Board shall be chosen through a competitive bid process and if funds are available subject to peer review. The Board, prior to offering any professional development institute, shall promulgate rules related to administering state professional development institutes.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall develop, offer and administer professional development institutes to train elementary school teachers in reading education and if funds are available, which may include but not be limited to grant, foundation, or other funds, to train middle school teachers in reading education. Funds appropriated for this purpose shall be used for the cost of developing, administering and contracting for the professional development institutes. When possible, certified reading specialists shall be included as consultants. All costs of the institutes shall be included in the contract price and no tuition or registration fee shall be collected from teachers attending the institutes. The institutes shall be offered by or through the Commission. Working in conjunction with the State Department of Education, the Commission shall develop a state plan for administration of such institutes and shall report on or before November 1 of each year to the Governor and the Legislature on the format of and participation in the institutes. The State Department of Education shall cooperate with and provide any information requested, including data available through the state student record system, to the State Board of Education as is necessary to carry out the provisions of this section.&nbsp;</span></p> <p><span class="cls0">C. Subject to the availability of funds, the State Board of Education shall:&nbsp;</span></p> <p><span class="cls0">1. Contract for an independent evaluation of the reading professional development institutes. The evaluation shall determine adherence to program requirements as provided in this section and the program's effectiveness in increasing teacher knowledge and student achievement; and&nbsp;</span></p> <p><span class="cls0">2. Provide continued support of the reading professional development institutes through ongoing teacher development at individual school sites. Funds may be used for the cost of mentor training, payment for substitute teachers, on-site facilitation, and any other costs necessary to ensure improved reading by students.&nbsp;</span></p> <p><span class="cls0">D. 1. For the purpose of implementing comprehensive reading reform and systemic change, the State Board of Education shall award one-year grants renewable for up to two (2) additional years to public schools that serve students in kindergarten through third grade. The grants will provide for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a five-day initial professional development institute in elementary school reading for teachers of kindergarten through third grade, instructional leaders, and principals,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a three-day follow-up professional development institute in elementary school reading for teachers of kindergarten through third grade and instructional leaders, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;continued support through ongoing teacher development at school sites, including four (4) days of professional development for principals and literacy resource specialists, and six (6) days of on-site visits by a program consultant.&nbsp;</span></p> <p><span class="cls0">2. In order to qualify for a grant pursuant to this subsection, the following requirements shall be met:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;at least eighty percent (80%) of the teachers of kindergarten through third grade at the school shall have demonstrated support for the training program provided pursuant to this subsection,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the principal shall ensure that all members of the leadership team and all teachers of kindergarten through third grade will participate in all phases of the training program,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the school district shall ensure that any new teacher of kindergarten through third grade or principal at the school will participate in all phases of the training program, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the school district shall employ a literacy resource specialist for at least two (2) years after completion of the training provided in this subsection. One or more districts may share a literacy resource specialist upon approval of the Board.&nbsp;</span></p> <p><span class="cls0">3. Any school which has been determined by the State Board of Education to be a school in need of improvement shall be given priority for receipt of a grant. Grants to local school districts may be awarded based on the amount of funds allocated to the State Board of Education for the purposes of this section. Funds may be used for payment for substitute teachers, program consultants, on-site facilitation, and literacy resource specialists.&nbsp;</span></p> <p><span class="cls0">4. For program evaluation purposes, each school awarded a grant pursuant to this subsection shall provide to the Commission student-level data and results of the reading assessments administered pursuant to the Oklahoma School Testing Program Act for the year prior to the grant award, for each year a grant is received by the school, and for three (3) years after completion of the program. If funds are not sufficient to award grants to all eligible applicants, schools may be placed on a waiting list for priority consideration for the following year's round of grant awards which shall be superior to the priority given to schools as provided in paragraph 3 of this subsection, if the school provides student data for the current year to the Board as provided in this paragraph.&nbsp;</span></p> <p><span class="cls0">5. The professional development institutes in elementary reading provided pursuant to this section shall incorporate the requirements of the Reading Sufficiency Act.&nbsp;</span></p> <p><span class="cls0">E. As additional funds become available for such purpose, the Board shall develop and offer professional development institutes in:&nbsp;</span></p> <p><span class="cls0">1. Mathematics for teachers in grades kindergarten through nine;&nbsp;</span></p> <p><span class="cls0">2. The use of technology in the classroom;&nbsp;</span></p> <p><span class="cls0">3. Training of residency committee members in teacher mentoring; and&nbsp;</span></p> <p><span class="cls0">4. Hands-on inquiry-based science for elementary teachers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 21, eff. July 1, 1995. Amended by Laws 1997, c. 356, &sect; 1, eff. July 1, 1997; Laws 1998, c. 5, &sect; 24, emerg. eff. March 4, 1998; Laws 1998, c. 332, &sect; 3, eff. July 1, 1998; Laws 2000, c. 289, &sect; 3, eff. July 1, 2000; Laws 2007, c. 249, &sect; 1, eff. July 1, 2007; Laws 2008, c. 152, &sect; 2, eff. Nov. 1, 2008; Laws 2009, c. 94, &sect; 1, eff. July 1, 2009; Laws 2012, c. 223, &sect; 12, eff. Jan. 1, 2013; Laws 2013, c. 83, &sect; 12, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1997, c. 344, &sect; 8 and Laws 1997, c. 349, &sect; 4 repealed by Laws 1998, c. 5, &sect; 29, emerg. eff. March 4, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-201. Joint funding plan.&nbsp;</span></p> <p><span class="cls0">Effective for the 1998 fiscal year, the State Board of Education, the Oklahoma State Regents for Higher Education, the State Board of Career and Technology Education and the Oklahoma Commission for Teacher Preparation shall annually prepare a joint funding plan for submission by September 1 of each year to the Office of Management and Enterprise Services and the Legislature which reflects the estimated state costs for the fiscal year of the entire teacher education, assessment, licensure and certification, residency and professional development system. The plan shall provide for the utilization of all financial resources from federal, state, local, and private sources and shall provide for the coordination of those resources to fund any related services. The individual components of the plan, as they relate to individual agencies, shall be incorporated annually into each affected agency's budget request in accordance with the provisions of Section 34.36 of Title 62 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 22, eff. July 1, 1995. Amended by Laws 2001, c. 33, &sect; 84, eff. July 1, 2001; Laws 2012, c. 304, &sect; 599.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-202. Teacher Competency Review Panel.&nbsp;</span></p> <p><span class="cls0">A. Beginning July 1, 1997, there shall be created a "Teacher Competency Review Panel" to make recommendations to the State Board of Education for the licensure and certification of people who have not graduated from an approved teacher education program in this state, or who have never held a standard teaching certificate in this state, or who are not currently certified to teach in another state. No person shall be certified to teach pursuant to the provisions of this section unless the person holds at least a baccalaureate degree from an accredited institution of higher education and has been assessed by and received a favorable recommendation from the Teacher Competency Review Panel.&nbsp;</span></p> <p><span class="cls0">B. The Panel shall evaluate the applicant's qualifications and career accomplishments and shall recommend to the State Board of Education whether the applicant should be licensed. No person shall be licensed to teach pursuant to this section unless the person has successfully completed the general education and subject area portions of the competency examination required in Section 6-187 of this title. Applicants who are licensed pursuant to this section shall receive certification upon successful completion of the professional education portion of the competency examination required in Section 6-187 of this title and upon satisfaction of other requirements as set by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">C. Applicants for licensure or certification who do not receive a favorable recommendation from the Panel may appeal to the State Board of Education.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Education shall adopt rules setting out the procedures for operation of the Panel and appeal to the State Board.&nbsp;</span></p> <p><span class="cls0">E. The members of the Teacher Competency Review Panel shall be selected by the State Board of Education from a list of candidates supplied by the Oklahoma Commission for Teacher Preparation. The Teacher Competency Review Panel shall consist of seven (7) members.&nbsp;</span></p> <p><span class="cls0">F. The State Board of Education shall assess candidates seeking certification to teach through the recommendation of the Teacher Competency Review Panel fees for the service in an amount sufficient to fully fund the duties of the Teacher Competency Review Panel.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 322, &sect; 25, eff. July 1, 1995. Amended by Laws 2001, c. 425, &sect; 5, emerg. eff. June 5, 2001&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-202.1. Appeals - Licensure or certification.&nbsp;</span></p> <p><span class="cls0">Applicants for licensure or certification who did not receive a favorable recommendation from the Teacher Competency Review Panel, including applicants who did not receive a favorable recommendation prior to the effective date of this act, shall be entitled to appeal the Panel's decision to the State Board of Education. The State Board of Education is authorized to hear such appeals immediately upon the effective date of this act.&nbsp;</span></p> <p><span class="cls0">This section shall become effective contingent upon the enactment of Enrolled Senate Bill No. 388 of the 1st Session of the 48th Oklahoma Legislature.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 429, &sect; 1, emerg. eff. June 5, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Enrolled Senate Bill No. 388 of the 1st Session of the 48th Oklahoma Legislature was enacted on June 5, 2001.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-203. Hearings before State Board of Education relating to certification.&nbsp;</span></p> <p><span class="cls0">Any resident teacher not recommended for certification, after completing two (2) years in the residency program shall have the right to a hearing before the State Board of Education to review the decision of the residency committee. Upon review, the State Board of Education may affirm, overrule, or modify the decision of the committee. Modification of the committee decision may include, but is not limited to, requiring the resident teacher to complete an additional year in a residency program, additional training, or other measures. The hearing shall be conducted as an individual proceeding pursuant to the Oklahoma Administrative Procedures Act, Section 250.1 et seq of Title 75 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 202, &sect; 1, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-204. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Education Leadership Oklahoma Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 181, &sect; 1, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-6-204.1. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of the Education Leadership Oklahoma Act:&nbsp;</span></p> <p><span class="cls0">1. "Salary bonus" means additional monies granted to eligible teachers as provided for in subsection I of Section 6-204.2 of this title maintaining National Board certification;&nbsp;</span></p> <p><span class="cls0">2. "Salary increment" means the National Board certification salary category as set forth in Section 3 of this act which is granted to eligible teachers as provided for in subsection I of Section 6-204.2 of this title maintaining National Board certification;&nbsp;</span></p> <p><span class="cls0">3. "Certification" means National Board certification;&nbsp;</span></p> <p><span class="cls0">4. "Commission" means the Oklahoma Commission for Teacher Preparation;&nbsp;</span></p> <p><span class="cls0">5. "National Board" means the National Board for Professional Teaching Standards;&nbsp;</span></p> <p><span class="cls0">6. "National Board certification" means National Board certification as provided by the National Board for Professional Teaching Standards; and&nbsp;</span></p> <p><span class="cls0">7. "Teacher" means a classroom teacher, counselor, or librarian employed by a public school district on a full-time basis.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 181, &sect; 2, eff. July 1, 1997. Amended by Laws 2003, c. 434, &sect; 22; Laws 2013, c. 394, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-204.2. Education Leadership Oklahoma program.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Commission for Teacher Preparation and the State Board of Education are authorized to establish the Education Leadership Oklahoma program.&nbsp;</span></p> <p><span class="cls0">B. The purposes of the Education Leadership Oklahoma program are to:&nbsp;</span></p> <p><span class="cls0">1. Provide teachers throughout the state information about National Board certification and the Education Leadership Oklahoma program services;&nbsp;</span></p> <p><span class="cls0">2. Provide technical assistance and National-Board-certified mentors to all teachers seeking National Board certification upon request;&nbsp;</span></p> <p><span class="cls0">3. Reward teachers who are seeking National Board certification by awarding them a portion of the application processing charge and assessment fee and scholarship as provided in subsection D of this section; and&nbsp;</span></p> <p><span class="cls0">4. Provide recognition to National-Board-certified teachers.&nbsp;</span></p> <p><span class="cls0">C. To fulfill the objectives of the Education Leadership Oklahoma Act, the Oklahoma Commission for Teacher Preparation shall:&nbsp;</span></p> <p><span class="cls0">1. Inform teachers of the Education Leadership Oklahoma program and services it provides to teachers seeking National Board certification, emphasizing recruiting efforts toward teachers at high-poverty schools, schools identified as in need of improvement and in counties with the lowest percentage of teachers who have achieved National Board certification; and&nbsp;</span></p> <p><span class="cls0">2. Ensure that all teachers seeking National Board certification receive adequate information regarding the level of commitment required to acquire National Board certification.&nbsp;</span></p> <p><span class="cls0">D. The Commission shall select not more than one hundred applicants to participate in the program each fiscal year for whom the Commission shall pay one-half (1/2) of the application processing charge and assessment fee for National Board certification. The total amount paid by the Commission shall not exceed One Thousand Three Hundred Dollars ($1,300.00). In addition the Commission shall also provide to the selected applicants a scholarship in the amount of Five Hundred Dollars ($500.00) to cover other expenses associated with obtaining National Board certification.&nbsp;</span></p> <p><span class="cls0">E. The Commission shall promulgate rules establishing a process for accepting applications for the Education Leadership Oklahoma program and for providing to applicants selected for the program up-front payment of the application processing charge and assessment fee and scholarship. If a selected applicant who receives the up-front payment does not complete National Board certification within three (3) years, the applicant shall repay the Commission the full amount paid by the Commission pursuant to subsection D of this section. All selected applicants who do not receive an up-front payment and successfully complete National Board certification shall be reimbursed by the Commission for the application processing charge and assessment fee. The total amount of reimbursement paid by the Commission shall not exceed One Thousand Three Hundred Dollars ($1,300.00).&nbsp;</span></p> <p><span class="cls0">F. It is the intent of the Legislature that the Oklahoma Commission for Teacher Preparation contract with Southeastern Oklahoma State University to establish Education Leadership Oklahoma program training in higher education teacher preparation programs in the state to assist teachers in meeting the requirements to obtain National Board certification.&nbsp;</span></p> <p><span class="cls0">G. All teachers seeking National Board certification shall be eligible to participate in Education Leadership Oklahoma program training to assist them in meeting the requirements of the National Board certification process, free of charge.&nbsp;</span></p> <p><span class="cls0">H. Subject to district board of education policy or collective bargaining agreement, additional professional leave days may be granted to teachers seeking National Board certification for National Board certification portfolio development. During the two (2) days of the additional professional days granted to teachers for National Board certification portfolio development, a substitute teacher shall be provided by the school district at no cost to the teacher.&nbsp;</span></p> <p><span class="cls0">I. 1. The State Board of Education shall provide to teachers who attained National Board certification prior to June 30, 2013, a bonus in the amount of Five Thousand Dollars ($5,000.00) annually over a ten-year period, to be paid no later than January 31 each year. The Board shall provide a bonus to any teacher who attains National Board certification after June 30, 2013, if the teacher was selected for the Education Leadership Oklahoma program before June 30, 2013, or the teacher has submitted an application for National Board certification to the National Board for Professional Teaching Standards before June 30, 2013.&nbsp;</span></p> <p><span class="cls0">2. The teachers eligible to receive the annual bonus as provided for in paragraph 1 of this subsection shall receive the annual bonus for the ten-year duration of their National Board certification and so long as they are teaching in the classroom full-time in an Oklahoma public school. No school or school district shall be liable for payment of bonuses pursuant to this section.&nbsp;</span></p> <p><span class="cls0">3. The bonus shall not be included in the calculation of the teacher&rsquo;s salary for purposes of meeting the district or statutory minimum salary schedule or for purposes of compensating Oklahoma Teachers&rsquo; Retirement System contributions or benefits.&nbsp;</span></p> <p><span class="cls0">4. Teachers eligible to receive the annual bonus as provided for in paragraph 1 of this subsection shall not be eligible to receive the additional salary increment for National Board certification as set forth in the minimum salary schedule in Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">5. Teachers who attain National Board certification after June 30, 2013, shall be eligible to receive the additional salary increments for National Board certification as set forth in the minimum salary schedule in Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">6. The State Board of Education shall promulgate rules for a process by which a National-Board-certified teacher will verify that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the National Board certification has not lapsed,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the teacher is still a full-time teacher, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;for teachers eligible for the bonus, the teacher has not exceeded the limit of annual bonus payments as provided for in paragraph 1 of this subsection.&nbsp;</span></p> <p><span class="cls0">J. It is the intent of the Legislature that the Oklahoma State Regents for Higher Education incorporate the National Board certification portfolio development into all programs in education leading to a master&rsquo;s level degree.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 181, &sect; 3, eff. July 1, 1997. Amended by Laws 1998, c. 350, &sect; 1, emerg. eff. June 5, 1998; Laws 1999, c. 303, &sect; 1, eff. July 1, 1999; Laws 2001, c. 201, &sect; 3; Laws 2002, c. 236, &sect; 4, eff. July 1, 2002; Laws 2003, c. 434, &sect; 23; Laws 2007, c. 197, &sect; 1; Laws 2010, c. 457, &sect; 4; Laws 2012, c. 360, &sect; 2; Laws 2013, c. 83, &sect; 13, eff. July 1, 2013; Laws 2013, c. 394, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1999, c. 320, &sect; 46 repealed by Laws 2001, c. 201, &sect; 12.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-204.3. Education Leadership Oklahoma Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma Commission for Teacher Preparation to be designated the "Education Leadership Oklahoma Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated or transferred to the fund by the Legislature. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Commission for Teacher Preparation to provide assistance and scholarships for candidates seeking National Board certification. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 181, &sect; 4, eff. July 1, 1997. Amended by Laws 2012, c. 304, &sect; 600.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-204.4. Oklahoma National Board Certification Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Oklahoma National Board Certification Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated or transferred to the fund by the Legislature. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education to provide an annual bonus for those teachers possessing National Board certification. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. The State Board of Education shall transfer all funds deposited into the Oklahoma National Board Certification Revolving Fund for the fiscal year ending June 30, 1998, to the Education Leadership Oklahoma Revolving Fund, created in Section 6-204.3 of this title, less expenditures and encumbrances as adjusted by transfer on July 1, 1998.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 181, &sect; 5, eff. July 1, 1997. Amended by Laws 1998, c. 350, &sect; 3, emerg. eff. June 5, 1998; Laws 2012, c. 304, &sect; 601.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-204.5. Professional Development Institutes Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma Commission for Teacher Preparation to be designated the "Professional Development Institutes Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated or transferred to the fund by the Legislature. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Commission for Teacher Preparation to develop and administer professional development programs for teachers and administrators and training for residency committee members. Expenditures shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 302, &sect; 1, eff. July 1, 1997. Amended by Laws 2012, c. 304, &sect; 602.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-205. School psychologists and speech pathologists &ndash; Joint study to compare licensing requirements with National Board teacher certification requirements.&nbsp;</span></p> <p><span class="cls0">The State Board of Education and the Oklahoma Commission for Teacher Preparation shall conduct a joint study to compare the licensing requirements for school psychologists and speech pathologists to the National Board teacher certification requirements established by the National Board for Professional Teacher Standards. The Board and the Commission shall submit a report outlining their findings, including the potential cost of including school psychologists and speech pathologists in the Education Leadership Oklahoma Program, to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate by December 31, 2002.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 291, &sect; 2, eff. July 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 223, &sect; 17 provides for repeal of this section effective July 1, 2014.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-206. Annual bonus for school psychologist, speech-language pathologist, audiologist - Qualifications - Calculation - Increase.&nbsp;</span></p> <p><span class="cls0">A. Subject to the availability of funds, the State Board of Education shall provide an annual salary bonus in the amount of Five Thousand Dollars ($5,000.00) no later than January 31 of each year to the following employees of public school districts:&nbsp;</span></p> <p><span class="cls0">1. Any school psychologist who has been designated as a Nationally Certified School Psychologist by the National School Psychology Certification Board; and&nbsp;</span></p> <p><span class="cls0">2. Any speech-language pathologist or audiologist who holds a Certificate of Clinical Competence awarded by the American Speech-Language Hearing Association.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education shall adopt rules for the provision of the bonus pursuant to this section to include, but not be limited to, a process by which a nationally certified school psychologist, speech-language pathologist and audiologist may verify that:&nbsp;</span></p> <p><span class="cls0">1. The individual is still employed by a school district;&nbsp;</span></p> <p><span class="cls0">2. The certification required in subsection A of this section has been attained and has not lapsed; and&nbsp;</span></p> <p><span class="cls0">3. The individual is licensed to practice in this state.&nbsp;</span></p> <p><span class="cls0">C. An individual who qualifies for the bonus pursuant to this section and who is employed by a school district on less than a full-time basis, shall receive a pro-rated bonus based on the proportionate equivalency to full-time employment.&nbsp;</span></p> <p><span class="cls0">D. No school or school district shall be liable for payment of bonuses pursuant to this section. The bonus shall not be included in the calculation of salary for purposes of meeting the district or statutory minimum salary schedule or for purposes of calculating Teachers&rsquo; Retirement System of Oklahoma contributions or benefits.&nbsp;</span></p> <p><span class="cls0">E. The amount of the salary bonus pursuant to subsection A of this section shall be increased to Seven Thousand Dollars ($7,000.00) upon implementation of subsection N of Section 6-204.2 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 311, &sect; 1, eff. Nov. 1, 2004. Amended by Laws 2008, c. 186, &sect; 3, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-206.1. Oklahoma School Psychologist, Speech-Language Pathologist, and Audiologist National Certification Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Oklahoma School Psychologist, Speech-Language Pathologist, and Audiologist National Certification Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated or transferred to the fund by the Legislature. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education to provide an annual bonus for individuals meeting the requirements of Section 6-206 of this title. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 311, &sect; 2, eff. Nov. 1, 2004. Amended by Laws 2012, c. 304, &sect; 603.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-207. Oklahoma Mathematics Improvement Program.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall establish the Oklahoma Mathematics Improvement Program. The purpose of the program is to improve student mastery of the Priority Academic Student Skills (PASS) for sixth-grade mathematics through Algebra I by enhancing sixth-, seventh- and eighth-grade public school teachers&rsquo; mastery of the subject matter content and process skills.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;middle-level mathematics&rdquo; means the Priority Academic Student Skills for sixth- through eighth-grade mathematics and Algebra I.&nbsp;</span></p> <p><span class="cls0">C. Each sixth-, seventh-, or eighth-grade public school teacher of a middle-level mathematics course who completes a professional development program approved by the State Board of Education, as authorized in subsection E of this section, shall receive a stipend in the amount of One Thousand Dollars ($1,000.00) if, prior or subsequent to completion of the professional development program, the teacher successfully completes the middle-level/intermediate mathematics Oklahoma Subject Area Test administered by the Oklahoma Commission for Teacher Preparation. The State Board of Education shall provide the stipend to qualifying teachers who meet the requirements of this section. The stipend shall not be included in the calculation of the teacher&rsquo;s salary for purposes of meeting the district or statutory minimum salary schedule or for purposes of calculating Teachers&rsquo; Retirement System of Oklahoma contributions or benefits.&nbsp;</span></p> <p><span class="cls0">D. The State Department of Education shall issue a request for proposals on or before October 1, 2005, seeking applications for the Oklahoma Mathematics Improvement Program. The State Department of Education shall review the applications for compliance with the established requirements.&nbsp;</span></p> <p><span class="cls0">E. The State Board of Education may approve programs that meet the requirements set forth in this subsection. Each participating teacher shall take a preassessment to establish current subject matter knowledge, and, based on the results of the preassessment, the teacher will participate in one of the three programs listed below:&nbsp;</span></p> <p><span class="cls0">1. Mathematics academies consisting of a minimum of forty (40) contact hours of training and twenty (20) contact hours of follow-up training through lesson study with identified mathematics specialists on-site and through video technology.&nbsp;</span></p> <p><span class="cls0">The mathematics academies shall incorporate both content knowledge and process knowledge that shall be modeled for teachers in the areas of problem-solving, reasoning, and critical thinking as applied to the mathematical concepts in PASS. The ultimate goal of the mathematics academies shall be to significantly increase the number of children becoming proficient in mathematics as demonstrated on assessments administered pursuant to the Oklahoma School Testing Program Act. The mathematics academies shall be accepted for professional development purposes and shall be defined as continuing education experiences that consist of a minimum of forty (40) clock hours. The mathematics academies shall be designed to provide instruction that includes peer coaching;&nbsp;</span></p> <p><span class="cls0">2. Other programs including customized higher education courses and/or on-line courses similar in scope and nature to those described in this subsection designed to improve middle school mathematics knowledge including Algebra I, as approved by the State Board of Education; and&nbsp;</span></p> <p><span class="cls0">3. Small learning community lesson studies facilitated by a mathematics coach and utilizing the Internet and video technology, as approved by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">F. On or before December 15, 2005, the State Department of Education shall forward applications that the Department has determined meet the requirements of this section to the State Board of Education. On or before February 1, 2006, the Board shall award, through a competitive bid process, one or more grants for professional development programs approved by the Department.&nbsp;</span></p> <p><span class="cls0">G. The State Board of Education shall contract for independent evaluations of programs funded pursuant to this section.&nbsp;</span></p> <p><span class="cls0">H. Beginning June 30, 2006, and each year thereafter for which the Oklahoma Mathematics Improvement Program is funded, the State Board of Education shall prepare and submit a report to the Legislature and the Governor containing:&nbsp;</span></p> <p><span class="cls0">1. Descriptions of professional development programs approved and funded through the Oklahoma Mathematics Improvement Program;&nbsp;</span></p> <p><span class="cls0">2. Number and amount of grants awarded;&nbsp;</span></p> <p><span class="cls0">3. Number of teachers completing approved programs;&nbsp;</span></p> <p><span class="cls0">4. Number of teachers successfully completing the Oklahoma Subject Area Test for middle level/intermediate mathematics after completion of a program created pursuant to this section;&nbsp;</span></p> <p><span class="cls0">5. Amount of stipends paid to teachers pursuant to this section; and&nbsp;</span></p> <p><span class="cls0">6. Student achievement data for students in classes taught by teachers completing one of the program options authorized pursuant to this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 432, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-6-210. Inner City Schools Rescue program.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Commission for Teacher Preparation is authorized to establish the Inner City Schools Rescue program. The purpose of the program shall be to recruit and train licensed or certified teachers to work in inner city schools and to provide technical assistance and support to those teachers who participate in the program and become employed in an inner city school.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, an inner city school shall mean a school identified as in need of improvement as determined by the Commission pursuant to the No Child Left Behind Act or where ninety-five percent (95%) or more of the students enrolled in the school qualify for the free and reduced lunch program.&nbsp;</span></p> <p><span class="cls0">C. To fulfill the objectives of the Inner City Schools Rescue program the Commission shall:&nbsp;</span></p> <p><span class="cls0">1. Inform teachers of the program;&nbsp;</span></p> <p><span class="cls0">2. Collect and review applications for the program from interested teachers; and&nbsp;</span></p> <p><span class="cls0">3. Establish an applicant review committee to identify participants for the program.&nbsp;</span></p> <p><span class="cls0">D. Each year the Commission shall select a certain number of teachers, as determined by the Commission, who have demonstrated a commitment to excellence in teaching and to working with at-risk students in the inner city.&nbsp;</span></p> <p><span class="cls0">E. The Commission shall promulgate rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 259, &sect; 1, eff. July 1, 2009. Amended by Laws 2013, c. 83, &sect; 14, eff. July 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7. Repealed by Laws 1941, p. 416, &sect; 8.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-6. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Former &sect; 7-7 derived from Laws 1949, p. 548, art. 7, &sect; 7 was repealed by Laws 1953, p. 384, &sect; 30.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-8. Repealed by Laws 1953, p. 384, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-101. Boundaries - Petition or resolution to change - Election.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided for in Section 7-105 of this title for conditional consolidated school districts, the territory comprising all or part of a school district may be annexed to another school district or to two or more districts, when approved at an annexation election called by the State Superintendent of Public Instruction, but except as provided in subsection B of this section, an annexation election may not be held unless the boards of education of the affected districts concur therein. Provided, that such concurrence of the boards of education affected shall not be required in cases of mandatory annexation by the State Board of Education:&nbsp;</span></p> <p><span class="cls0">1. In pursuance of a petition for annexation signed by a majority of the school district electors in the territory proposed to be annexed, hereinafter referred to as the area affected, said majority being applied to the highest number of voters voting in a regular school district election in the district in the preceding five (5) years as determined by the secretary of the county election board, who shall certify the adequacy of the number of signatures on the petition as provided in this section; or&nbsp;</span></p> <p><span class="cls0">2. In pursuance of a resolution adopted by the board of education of the district in which the area affected is situated.&nbsp;</span></p> <p><span class="cls0">B. An annexation election shall be called by the State Superintendent of Public Instruction without the concurrence of the board of education of the school district which is proposed to be annexed, upon the filing of a petition with the State Superintendent of Public Instruction for annexation that is signed by a majority of the school district electors in the territory proposed to be annexed, hereinafter referred to as the area affected, said majority being applied to the highest number of voters voting in a regular school district election in the district in the preceding five (5) years as determined by the secretary of the county election board, who shall certify the adequacy of the number of signatures on the petition. The petition shall contain such information as the State Superintendent of Public Instruction may require.&nbsp;</span></p> <p><span class="cls0">C. Annexation elections held pursuant to this section shall be conducted pursuant to the following procedures:&nbsp;</span></p> <p><span class="cls0">1. Such election shall be held not less than sixty (60) days nor more than ninety (90) days after the State Superintendent of Public Instruction receives such petition, at some public place in the school district in which the area affected is situated, between the hours of 7 a.m. and 7 p.m., and notice thereof shall be given by the State Superintendent of Public Instruction in the same manner as notice of special elections of the school district electors of school districts is given, provided, that the State Superintendent of Public Instruction shall not be required to call an election for the purpose of annexing a part of a school district more than once during any twelve-month period. Such elections shall be conducted by the county election board;&nbsp;</span></p> <p><span class="cls0">2. The annexation shall be approved by a majority of the school district electors voting at such election:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;of an entire school district, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;if a majority of the members of a board of education of a school district losing the territory concur with the petitioners, or resolution, only the legal voters of the area so affected shall be eligible to vote at such election, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;if the affected area is part of a school district with thirty thousand (30,000) or more average daily membership, if the boundaries of the affected area is not contiguous with the boundaries of the rest of the district, and if the boundary of the noncontiguous affected area is a least two (2) miles from the nearest boundary of the rest of the district, only the legal voters of the area so affected shall be eligible to vote at such election. Provided, if there is an incorporated city located wholly within the separate noncontiguous affected area, the annexation election being held shall not effect the area within the boundaries of the incorporated area unless a majority of the school district electors within the boundaries of the incorporated area also file a petition requesting annexation as required in subsection B of this section.&nbsp;</span></p> <p><span class="cls0">If the area proposed to be annexed constitutes less than two percent (2%) of the total area of the school district in which such area is located, and there are no qualified electors residing in such area, no election shall be held. In such instance the board of education of the school district wherein the area proposed to be annexed is located and the board of education of the school district to which such area is proposed to be annexed shall each adopt a resolution approving such annexation and shall transmit certified copies of both resolutions to the State Superintendent of Public Instruction who shall, within five (5) days after receiving copies of such resolutions, make an order declaring the annexation as approved in the resolutions. Copies of the annexation order shall be transmitted to the State Board of Education, Oklahoma Tax Commission, county clerk, county treasurer, county assessor and to the boards of education of the school districts involved;&nbsp;</span></p> <p><span class="cls0">3. The annexation shall be approved by a majority of the school district electors of the area affected, voting at such election, if the area affected is an area within a school district in which, as a result of condemnation proceedings by the federal government, a majority of the pupils of said area have attended school, for at least one school term, in the district to which the petition requests annexation;&nbsp;</span></p> <p><span class="cls0">4. If the annexation of an entire district is approved, as provided for in this section, the State Superintendent of Public Instruction shall, within five (5) days after such election, issue an order declaring the annexation as requested in the petition or resolution for annexation to the State Board of Education, Oklahoma Tax Commission, county clerk, county treasurer and county assessor in each county in which any of the territory of the disorganized district lies, but the annexation shall not become effective until the time for filing an appeal, as hereinafter provided, has expired. In the event a majority of the electors voting at such election do not vote for the annexation, the State Superintendent of Public Instruction shall, within five (5) days after such election, issue an order denying the annexation to the State Board of Education, Oklahoma Tax Commission, county clerk, county treasurer and county assessor in each county in which any of the territory of the disorganized district lies. Within ten (10) days after the order of the State Superintendent of Public Instruction is issued, twenty-five percent (25%) of the school district electors who were eligible to vote at the annexation election may appeal to the district court of the county in which the territory proposed to be annexed, or the largest part thereof if such territory lies in more than one county, is situated, and thereafter all proceedings shall be stayed until the district court has rendered judgment. The proceedings shall be given precedence over all other civil matters. In the event the court issues a final order upholding a partial annexation, the effective date of said partial annexation shall be July 1 following the final order. All pending annexation proceedings are hereby exempted from this act. The State Board of Education shall be required to change the boundary lines as described in the declaration after all litigation has expired;&nbsp;</span></p> <p><span class="cls0">5. Upon the effective date of the annexation of an entire school district to one or more school districts, the board of education of the school district whose territory was annexed shall be declared abolished by the State Superintendent of Public Instruction. If a school district to which the territory was annexed currently has a five-member board of education, that school district board of education shall have the option of forming a seven-member board of education pursuant to the provisions of Section 5-107A of this title upon the effective date of the annexation; and&nbsp;</span></p> <p><span class="cls0">6. If an independent district annexes to an elementary district not maintaining a high school, both boards of education are abolished. The Governor shall appoint three members of the newly formed district to the board of education and these members shall appoint the remaining two members.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 7-101, eff. July 2, 1971. Amended by Laws 1972, c. 215, &sect; 1, emerg. eff. April 7, 1972; Laws 1974, c. 37, &sect; 1, emerg. eff. April 13, 1974; Laws 1975, c. 73, &sect; 1, emerg. eff. April 18, 1975; Laws 1977, c. 183, &sect; 1, emerg. eff. June 8, 1977; Laws 1985, c. 193, &sect; 7, eff. Nov. 1, 1985; Laws 1987, c. 154, &sect; 1, eff. Nov. 1, 1987; Laws 1990, c. 257, &sect; 7, eff. July 1, 1990; Laws 1991, c. 3, &sect; 8, eff. July 1, 1991; Laws 1992, c. 324, &sect; 11, eff. July 1, 1992; Laws 1993, c. 316, &sect; 15, eff. Sept. 1, 1993; Laws 1994, c. 71, &sect; 1, emerg. eff. April 15, 1994; Laws 1997, c. 332, &sect; 1, eff. July 1, 1997; Laws 1999, c. 300, &sect; 1, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 239, &sect; 31 repealed by Laws 1994, c. 71, &sect; 2, emerg. eff. April 15, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-101.1. Mandatory annexation or consolidation - Rules and regulations regarding procedures - Notice to school district involved - Opportunity to appear before State Board of Education - Determination of issue.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall be authorized to promulgate rules and regulations regarding the procedures necessary to accomplish mandatory annexation or consolidation, as provided by and within the requirements of the provisions of Sections 2, 8, 9, 10, 11, 12 and 13 of this act, and as otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">B. In any case where mandatory annexation of a school or school district is recommended by the State Department of Education, the Department shall notify, in writing, the board of education of the school district involved. Upon receipt of the notification, the school district board shall have fifteen (15) days to request an opportunity to appear before the State Board of Education. If the school district board fails to request an opportunity to appear, the State Board shall proceed without further notice or delay, to conclude the matter. If an opportunity to appear is requested by the school district board, the State Board shall decide the issues after hearing from representatives of the school or school district and the State Department and shall make a final determination on the recommendation of the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 12, emerg. eff. April 25, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-102. Repealed by Laws 1979, c. 282, &sect; 32, emerg. eff. June 7, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;70-7-103. Annexation or disorganization - Assumption of bonded indebtedness.&nbsp;</span></p> <p><span class="cls0">A. The component parts (or part) of the district annexed, whether the annexation is or was voluntary or mandatory under the provisions of this or any prior act, shall assume their full proportion of all legal bonded indebtedness of the district or districts to which they are or were annexed, and the district or districts to which they are or were annexed shall likewise assume a full proportion of all legal bonded indebtedness of the district annexed, or ratable proportion in ratio to the assessed valuation to the part annexed.&nbsp;</span></p> <p><span class="cls0">B. Provided, that if the area affected is or has been annexed under the provisions of this article to a school district (hereinafter referred to as the "first" district) having a bonded indebtedness at the time of said annexation, and if at the time of said annexation said area affected is or was not liable for any bonded indebtedness, and if within four (4) calendar months or less after said annexation all or any portion of the territory of the area affected is or has been detached from the first district to become a part of some other school district (hereinafter referred to as the "second" district) then:&nbsp;</span></p> <p><span class="cls0">1. If the detachment of said territory occurs in any fiscal year after the effective date of this subsection, and before the certification of the budgets and levies of the first district for said fiscal year to the State Auditor and Inspector, neither the said detached territory nor the second district shall have any liability for the payment of any part of the bonded indebtedness of the first district which existed when the area affected was annexed to the first district; or&nbsp;</span></p> <p><span class="cls0">2. If the detachment of said territory occurs in any fiscal year after the effective date of this subsection, and after the certification of the budgets and levies for said fiscal year of the first district to the State Auditor and Inspector, the said detached territory shall continue to bear its share of the bonded indebtedness of the first district as prescribed by subsection A of this section for the remainder of said fiscal year, but the second district shall not be liable for any part of the bonded indebtedness of the first district which existed at the time of the annexation of the area affected to the first district; and after the beginning of the next succeeding fiscal year neither the said detached territory nor the second district shall have any liability for any of the bonded indebtedness of the first district which existed at the time the area affected was annexed to the first district.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 7-103, eff. July 2, 1971; Laws 1979, c. 30, &sect; 48, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;707104. Division of property Debts and obligations.&nbsp;</span></p> <p><span class="cls0">A. In case the area affected comprises an entire school district, and all of such area is annexed to only one other district, the district to which it is annexed shall become the owner of all the property and other assets of the disorganized district and shall be liable for the current debts and other obligations of such disorganized district, and said district shall also acquire title to and provide for permanent custody of all individual scholastic and other permanent records relating to each pupil who was previously enrolled in the annexed district.&nbsp;</span></p> <p><span class="cls0">B. In case the area affected comprises an entire school district, and is annexed to two or more districts, then the current debts or obligations and property and other assets of the disorganized district shall be divided by agreement between the boards of education of the annexing districts, and the board of education of either of the annexing districts may purchase any such property or assets to effect a just division. If the boards of education are unable to agree, the matter shall be decided by the State Board of Education, and its decision shall be final.&nbsp;</span></p> <p><span class="cls0">C. In case the area affected is not an entire school district, the district to which the annexation is made shall not acquire any of the property or assets of the district from which the area affected is detached, except that any school building or buildings located in the affected area shall become the property of the district to which the affected area is annexed and all obligations pertaining thereto shall become the responsibility of the annexing district.&nbsp;</span></p> <p><span class="cls0">D. If any mandatory or voluntary annexation made under the provisions of this article shall occur after the election on school district levies for the ensuing fiscal year and before the tax levies of the ensuing year have been made and certified, the operating and building levies authorized for the annexing district shall be the levies for all the said district after such annexation. All mandatory or voluntary annexations made and ordered subsequent to the certification of the budgets and levies to the State Auditor and Inspector shall be forthwith effective regardless of any variation in such levies; and the budgetary assets of the annexed district or districts theretofore so certified as unexpended and unencumbered shall be merged by supplementary procedure with the budgetary assets of the annexing district.&nbsp;</span></p> <p><span class="cls0">E. In case the area affected is annexed to two or more districts or the area affected is not an entire school district, the individual scholastic and other permanent records relating to each pupil enrolled at the time of annexation shall be transferred to the respective districts where said pupils are transferred. All other individual scholastic and other permanent records relating to pupils in said areas or entire districts affected shall be filed with the county clerk of the county where supervision of the annexed school&nbsp;</span></p> <p><span class="cls0">district is located.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 7104, eff. July 2, 1971; Laws 1972, c. 215, &sect; 2, emerg. eff. April 7, 1972; Laws 1979, c. 30, &sect; 49, emerg. eff. April 6, 1979; Laws 1993, c. 239, &sect; 32, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-105. Consolidation - Studies - Petition - Majority vote in entire territory &ndash; Plan of action &ndash; Conditional consolidation - Election - Initial board for new district - New district legal successor.&nbsp;</span></p> <p><span class="cls0">A. Two or more school districts may, whether adjacent or not adjacent, be consolidated into a single school district in accordance with standards, rules and procedures to be determined by the State Board of Education. When the consolidation of two or more school districts is proposed, the State Board of Education shall conduct such studies of the populations, wealth, terrain, trade areas and other factors as may be necessary to determine the location of boundaries and the size of a proposed district which will most nearly ensure an efficient and economical administrative unit. The State Board of Education shall furnish the boards of education of the school districts which might be involved information and advice as to where the boundaries and what the size of the proposed new district should be. Nothing herein shall be construed to prevent the inclusion within a school district of territory lying within the boundaries of two or more counties.&nbsp;</span></p> <p><span class="cls0">B. Ten percent (10%) of the qualified school electors in any district may petition the board of education of such district to request such information, or a board of education of such district may on its own initiative ask for information and advice from the State Board of Education on the educational advantages and disadvantages of proposed consolidation to the children and residents of the area which might be affected. Upon the receipt of such a petition, the local board of education shall request the services of the State Board of Education and shall notify the boards of education in adjacent school districts that such a request has been made. The State Board of Education may on its own initiative make the study herein authorized of any area of the state and direct the board of education of such school districts as might be involved to set into operation in their districts the procedure for determining what, if any, consolidation should be carried on in the area under study.&nbsp;</span></p> <p><span class="cls0">C. Any rules or procedures which the State Board of Education may prescribe for consolidation of school districts shall include the opportunity for the qualified school electors in the school districts involved to express their wishes through a majority vote of the school electors in the entire territory involved.&nbsp;</span></p> <p><span class="cls0">D. Prior to an election for consolidation, the boards of education of the school districts involved may develop a plan which shall set forth the actions to be taken during and after consolidation. The plan of action shall include agreements relating to school site closing, disposition and utilization of property and equipment and such other agreements as may be necessary to facilitate the consolidation of the school districts. The plan of action shall also include provisions related to the technology center school district the newly formed district will be a part of which are consistent with the State Board of Career and Technology Education rules. The plan shall be placed on a separate ballot and voted on by the qualified school electors of each district at the time of the consolidation election. Both the plan and consolidation questions must be approved by a majority vote for the plan to take effect. The plan shall be binding on the board of education of the newly formed district for at least three (3) years; provided, any provisions related to the expenditure of appropriated money shall not be binding beyond the current fiscal year. The newly formed district may alter or disregard the plan only if there is a significant change in circumstances, including a significant drop in revenue to the district or in student enrollment.&nbsp;</span></p> <p><span class="cls0">E. Two or more school districts may be consolidated into a single school district on a conditional basis. If the voters approve conditional consolidation of the school districts at an election for such purpose in accordance with the procedures set forth in this section, the newly formed school district shall be considered consolidated and shall go through the same procedure and meet the same requirements as any consolidated school district. Under a conditional consolidation plan, any subsequent decision to consolidate the new school district or annex all or part of the new school district, shall first be approved by a majority of the electors, voting at such election, of each of the original school districts. If one or more of the original school districts disapproves the subsequent consolidation or annexation plan, the plan shall not be approved. If all of the original school districts approve the subsequent consolidation or annexation plan, the plan shall be approved and thereafter, any further consolidation or annexation shall be subject to approval of the electors of all of the school districts as a whole. The original school district shall mean only the districts which independently voted to join the conditionally consolidated district.&nbsp;</span></p> <p><span class="cls0">F. An election for such purpose shall be held either upon:&nbsp;</span></p> <p><span class="cls0">1. A petition for consolidation or conditional consolidation, signed by forty percent (40%) of the school district electors of each school district included in the proposed consolidation, or conditional consolidation said percentage being applied to the highest number of voters voting in a regular school election in the district in the preceding five (5) years as determined by the secretary of the county election board, who shall certify the adequacy of the number of signatures on the petition; or&nbsp;</span></p> <p><span class="cls0">2. The concurrence of the boards of education of the school districts included in the proposed consolidation or conditional consolidation, as shown by a resolution adopted by each board.&nbsp;</span></p> <p><span class="cls0">The election shall be called by the State Board of Education and conducted in accordance with the general election laws of this state. Any vote to consolidate two or more districts, shall require a majority vote of those voting in each school district involved. When such a majority vote is in favor of consolidation or conditional consolidation, the State Board of Education shall declare the participating school districts dissolved and the new school district established, and the newly formed district shall thereupon be governed by the provisions of the Oklahoma School Code.&nbsp;</span></p> <p><span class="cls0">G. The State Superintendent of Public Instruction or designee shall convene the members of the boards of the districts forming the new district, who shall be given the opportunity of selecting from among themselves the initial board of education for the new district, selecting the number of members and designating the initial terms of service of each as required to conform to law; provided, the members convened shall have the option of forming a seven-member board pursuant to the provisions of Section 5-107A of this title rather than a board of the size otherwise provided by law and shall have the option of temporarily increasing the number of board positions for the new district by two positions per consolidating district for the first two (2) years following consolidation. The temporary positions will be filled by appointment by the board. The temporary board positions shall be abolished two (2) years from the effective date of consolidation. Within ten (10) days following the declaration of establishment of the new district, the State Superintendent or designee shall declare the agreement or shall declare that such agreement has not been reached, in which case persons serving as members of the board of education of the participating district having the largest number of enumerated children as shown by the last regular enumeration shall serve as members of the board of education of the newly formed district for the terms for which they were elected and until their successors have been duly elected or appointed and have qualified.&nbsp;</span></p> <p><span class="cls0">H. All liabilities, assets, powers and duties of the participating districts shall become the responsibility of the new school district, which district shall be the legal successor in every respect to the school districts participating in the consolidation or conditional consolidation in accordance with law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 7-105, eff. July 2, 1971. Amended by Laws 1989, c. 323, &sect; 9, eff. July 1, 1989; Laws 1990, c. 257, &sect; 5, eff. July 1, 1990; Laws 1993, c. 45, &sect; 5, emerg. eff. April 9, 1993; Laws 1994, c. 75, &sect; 1, eff. July 1, 1994; Laws 1997, c. 332, &sect; 2, eff. July 1, 1997; Laws 2001, c. 33, &sect; 85, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;707106. Buildings Rented, moved, or sold.&nbsp;</span></p> <p><span class="cls0">No building or appendages thereto of any school district that has been annexed to another school district or districts shall be rented, moved or sold by the board of education of the annexing district or districts without the approval of a majority of the school district electors in the annexed district voting on the proposition, if such building is being used at least once each ninety (90) days for public gatherings. Provided, that the board of education of the annexing district acquiring such building may require persons or groups using such building and appendages to pay the cost of maintenance, including insurance, of such building and appendages.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 7106, eff. July 2, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;707107. Disposition of property.&nbsp;</span></p> <p><span class="cls0">Once a school district has voted to dispense with grades one through eight or one through twelve, it shall be illegal for the board of education of such district to sell, exchange, trade, junk, salvage, or otherwise dispose of any furniture, equipment, land, buildings, or other such assets belonging to the school district unless such sale, exchange, trade or disposal is made to, and only to, another public school district in the State of Oklahoma. It shall also be illegal for the board of education to expend the school district's funds for any purpose after the end of the fiscal year in which grades one through eight or one through twelve have been dispensed with except in payment of legal transfer fees, bond and property insurance premiums, utilities, salary of the clerk of the board of education, audit expenses, and the expenses necessary for the preservation and maintenance of school property; provided, that a board or boards of education receiving the annexed district shall have one (1) year after annexation to sell or convey the title of land and buildings to a nonprofit corporation to be used for community purposes after the same has been approved by a majority of the electors of the annexed district, present and voting, at an election called for such purpose; provided, that when such use ceases, the title to said land and buildings shall be vested in the receiving district or districts which shall be evidenced by resolution of the annexed district.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 7107, eff. July 2, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;707108. Federally owned reservations Annexations.&nbsp;</span></p> <p><span class="cls0">Any federally owned reservation, or any portion thereof, within the State of Oklahoma shall with the consent of the United States, given by and through the commanding officer, superintendent, or other officer having charge of such reservation, be attached to an independent school district within the same transportation area for school purposes in which such reservation and independent school district are situated, upon the petition of the commanding officer, superintendent, or other officer having charge of such reservation, and with the consent of the board of education of such independent school district. The petition of such commanding officer, superintendent, or other officer in charge of any such federally owned reservation and the consent of such board of education shall be filed with the State Superintendent of Public Instruction and said Superintendent shall thereupon order such reservation to be attached to such independent school district.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 7108, eff. July 2, 1971; Laws 1993, c. 239, &sect; 33, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-201. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 7-201 through 7-206 of this title shall be known and may be cited as the "Oklahoma School Consolidation and Annexation Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 323, &sect; 1, eff. July 1, 1989. Amended by Laws 1989, 1st. Ex.Sess., c. 2, &sect; 8, operative July 1, 1990; Laws 2003, c. 296, &sect; 1, eff. July 1, 2003; Laws 2009, c. 448, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-202. Application of act.&nbsp;</span></p> <p><span class="cls0">The provisions of the Oklahoma School Consolidation and Annexation Act shall apply only to school districts whose entire territory has been annexed to one or more existing school districts or which have been created by the consolidation of two or more existing school districts in accordance with the provisions of Section 7-101 et seq. of this title or to school districts which have entered into a mutual contract with a superintendent as authorized pursuant to Section 5-106A of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 323, &sect; 3, eff. July 1, 1989. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 9, operative July 1, 1990; Laws 1990, c. 257, &sect; 8, emerg. eff. May 23, 1990; Laws 1992, c. 324, &sect; 12, eff. July 1, 1992; Laws 2003, c. 296, &sect; 2, eff. July 1, 2003; Laws 2009, c. 448, &sect; 3, eff. Nov. 1, 2009; Laws 2011, c. 338, &sect; 1, eff. July 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-203. School Consolidation Assistance Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a fund to be designated the "School Consolidation Assistance Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies the Legislature may appropriate or transfer to the fund and any monies contributed for the fund from any other source, public or private.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purposes established by this section, the Legislature and in accordance with rules promulgated by the State Board of Education. The purposes shall be to provide:&nbsp;</span></p> <p><span class="cls0">1. Voluntarily or mandatorily consolidated school districts or districts who have received part or all of the territory and part or all of the students of a school district dissolved by voluntary or mandatory annexation, during the first year of consolidation or annexation with a single one-year allocation of funds needed for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;purchase of uniform textbooks in cases where the several districts were not using the same textbooks prior to consolidation or annexation,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;employment of certified personnel required to teach courses of the district for which personnel from the districts consolidated or annexed are not certified and available,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;employment assistance for personnel of the several districts who are not employed by the consolidated or annexing district. Employment assistance may include provision of a severance allowance for administrators, teachers and support personnel not to exceed eighty percent (80%) of the individual's salary or wages, exclusive of fringe benefits, for the school year preceding the consolidation or annexation. Personnel receiving such severance pay may accumulate one (1) year of creditable service for retirement purposes. Employment assistance may also include the payment of unemployment compensation benefits. The State Board of Education shall provide a severance allowance to employees dismissed from employment due to annexation or consolidation of a school district in the year of the annexation or consolidation and who were denied a severance allowance or unemployment compensation benefits and the voluntary consolidation funding of the annexing or consolidating district or districts has been paid on or after July 1, 2003, at the maximum allowable amount. Application for a severance allowance shall be made to the Finance Division of the State Department of Education by the dismissed employee no later than September 1 of the fiscal year immediately following the fiscal year in which the annexation or consolidation occurred,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;furnishing and equipping classrooms and laboratories,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;purchase of additional transportation equipment, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;when deemed essential by the school district board of education to achieve consolidation or combination by annexation, renovation of existing school buildings and construction or other acquisition of school buildings; and&nbsp;</span></p> <p><span class="cls0">2. Assistance to school districts which have entered into a mutual contract with a superintendent as authorized pursuant to Section 5-106A of this title in paying the salary or wages of the superintendent. The assistance shall equal not more than fifty percent (50%) of the salary or wages of the superintendent for not more than three (3) consecutive years. In no case shall the total amount of assistance paid over the three-year period be more than One Hundred Fifty Thousand Dollars ($150,000.00) nor shall any school district be eligible to receive assistance pursuant to this paragraph for more than one three-year time period.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Education shall only make allocations from the fund to school districts formed from the combination of two or more of the districts whose boards of education notify the State Board of Education on or before June 30 of their intent to annex or consolidate and are subsequently combined by such means by January 1 of the second year following the notification of intent. The boards of education which have entered into a mutual contract with a superintendent shall notify the Board on or before June 30 of the year preceding the school year the mutual contract will become effective.&nbsp;</span></p> <p><span class="cls0">D. Allocations will be made to school districts formed by voluntary or mandatory consolidation on the basis of combined average daily membership (ADM) of the school year preceding the first year of operation of the school district resulting from the consolidation; provided, not more than two hundred (200) ADM of any one school district shall be counted in determining the combined ADM of any district formed by consolidation. The ADM of any one school district shall not be considered more than once for allocations from the fund when the school district consolidates with two or more school districts. Allocations from the fund pursuant to this subsection shall be calculated by multiplying the combined ADM by Two Thousand Five Hundred Dollars ($2,500.00).&nbsp;</span></p> <p><span class="cls0">E. Allocations will be made to school districts which have received part or all of the territory and students of a school district by voluntary or mandatory annexation on the basis of ADM of the annexed school district for the school year preceding the first year of operation of the school district resulting from the annexation; provided, not more than two hundred (200) ADM of the annexed district shall be counted. Allocations from the fund pursuant to this subsection shall be calculated by multiplying the allowable ADM by Five Thousand Dollars ($5,000.00). In no case shall allocations payable pursuant to this subsection be greater than One Million Dollars ($1,000,000.00).&nbsp;</span></p> <p><span class="cls0">F. If monies in the School Consolidation Assistance Fund are insufficient to make allocations to all qualified combined districts, allocations shall be made based upon the determination of the State Board of Education with preference given to school district consolidation and annexation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 323, &sect; 4, eff. July 1, 1989. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 10, operative July 1, 1990; Laws 1990, c. 257, &sect; 9, emerg. eff. May 23, 1990; Laws 1991, c. 280, &sect; 59, eff. July 1, 1991; Laws 1992, c. 111, &sect; 1, emerg. eff. April 21, 1992; Laws 1993, c. 361, &sect; 4, eff. July 1, 1993; Laws 2003, c. 296, &sect; 3, eff. July 1, 2003; Laws 2006, c. 278, &sect; 4, eff. July 1, 2006; Laws 2009, c. 448, &sect; 4, eff. Nov. 1, 2009; Laws 2011, c. 338, &sect; 2, eff. July 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-203.1. Determination of number of districts intending to annex or consolidate - Transfer of funds when qualified combined districts is two or less.&nbsp;</span></p> <p><span class="cls0">Beginning July 1, 2006, and each year thereafter, the State Board of Education shall determine the number of districts that notified the Board of their intent to annex or consolidate by June 30 of the previous fiscal year. If the Board determines the number of qualified combined districts to be two or less, the Board is authorized to transfer up to one-half of the funds transferred to the School Consolidation Assistance Fund for that fiscal year for allocation to the Financial Support of Public Schools for distribution to school districts in the State Aid Formula, provided in Section 18-200.1 of Title 70 of the Oklahoma Statutes. The State Board of Education is further authorized to transfer up to one-half of the funds not allocated to school districts for annexation or consolidation for the fiscal year ending June 30, 2006, for allocation to the Financial Support of Public Schools.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, 2nd Ex.Sess., c. 50, &sect; 36, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-7-204. Preference for allocations from funds.&nbsp;</span></p> <p><span class="cls0">Consolidated districts and districts combined by annexation which are created pursuant to the Oklahoma School Consolidation and Annexation Act and districts that have entered into a mutual contract with a superintendent shall have for three (3) subsequent consecutive years after consolidation, annexation or the effective date of the mutual contract preference for allocations from funds appropriated to the State Board of Education for Community Education, Alternative and High Challenge Schools, School/Community Network for ArtsinEducation, Instructional Cooperative and Technical Education, Advanced Placement Incentives, and for all other allocations made by the Board on a competitive basis.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 323, &sect; 5, eff. July 1, 1989. Amended by Laws 1991, c. 280, &sect; 60, eff. July 1, 1991; Laws 1992, c. 281, &sect; 1, eff. July 1, 1992; Laws 2003, c. 296, &sect; 4, eff. July 1, 2003; Laws 2009, c. 448, &sect; 5, eff. Nov. 1, 2009; Laws 2011, c. 338, &sect; 3, eff. July 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;707205. Exceptions to certification requirements Priority for placement assistance services.&nbsp;</span></p> <p><span class="cls0">When considering requests for exceptions to certification requirements from districts created by consolidation or annexation pursuant to the Oklahoma School Consolidation and Annexation Act for personnel reassigned because of the consolidation or annexation, the State Superintendent of Public Instruction and the State Board of Education shall exercise the greatest degree of latitude that can be regarded as consistent with acceptable professional practice. Highest priority for placement assistance services of the State Department of Education shall be afforded personnel for whom the consolidated or annexing district has no assignment required.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 323, &sect; 8, eff. July 1, 1989; Laws 1991, c. 280, &sect; 61, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-7-206. Consolidation or annexation of elementary school district with independent school district.&nbsp;</span></p> <p><span class="cls0">Elementary school districts which desire to consolidate with or annex the entire territory comprising the school district to an independent school district or districts in the transportation area of their choice pursuant to the Oklahoma School Consolidation and Annexation Act shall be authorized to enter into contracts with the independent school district or districts whom they consolidate with or annex to, which provide for up to a threeyear moratorium on school site closings within the consolidated or annexed elementary district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 11, operative July 1, 1990. Amended by Laws 1990, c. 257, &sect; 10, emerg. eff. May 23, 1990; Laws 1991, c. 3, &sect; 9, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-8. Repealed by Laws 1949, p. 607, art. 20, &sect; 9.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-6. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-6.1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-8. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-9. Repealed by Laws 1968, c. 393, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-10. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-11. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-12. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-101. Right to transfer.&nbsp;</span></p> <p><span class="cls0">Any student residing in a school district that does not offer the grade which the student is entitled to pursue shall be allowed to transfer to a school district inside or outside of the transportation area in which the student resides which offers the grade the student is entitled to pursue. The district to which the student transfers shall be referred to as the receiving district. A student shall be limited to one transfer pursuant to this section. Thereafter, a student may apply for any other kind of transfer for which the student is eligible as provided for in the Education Open Transfer Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 8-101, eff. July 2, 1971. Amended by Laws 1989, c. 250, &sect; 1, operative July 1, 1989; Laws 1991, c. 3, &sect; 10, eff. July 1, 1991; Laws 1991, c. 280, &sect; 62, eff. July 1, 1991; Laws 2004, c. 55, &sect; 1, emerg. eff. April 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-8-101.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 20 through 29 of this act shall be known and may be cited as the &ldquo;Education Open Transfer Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 19, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-8-101.2. Transfer of student from residential school district.&nbsp;</span></p> <p><span class="cls0">A. On and after January 1, 2000, the transfer of a student from the district in which the student resides to another school district furnishing instruction in the grade the student is entitled to pursue shall be granted if the transfer has the approval of the board of education of the receiving district. A student granted a transfer may continue to attend the school to which the student transferred with the approval of the receiving district only, and any brother or sister of such student may attend such school with the approval of the receiving district only. No student shall be permitted to transfer more than once in any school year.&nbsp;</span></p> <p><span class="cls0">If the grade a student is entitled to pursue is not offered in the district where the student resides, the transfer shall be automatically approved.&nbsp;</span></p> <p><span class="cls0">B. When a student has been transferred and later changes residence to another school district in the State of Oklahoma, the student shall be entitled to continue to attend school in the district to which the student was transferred. If a change of residence is to the district to which the student was transferred, upon affidavit of the parent of the student, that district shall become the resident district. If a student changes residence to another district during the school year which is not the same district the student transferred to, the student shall be entitled to attend school in either the receiving district or the new district of residence for the remainder of the current year.&nbsp;</span></p> <p><span class="cls0">C. Any student transfer approved for any reason prior to January 1, 2000, shall continue to be valid and shall not be subject to the Education Open Transfer Act unless the parent having custody chooses otherwise.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 20, eff. July 1, 1999. Amended by Laws 2000, c. 232, &sect; 8, eff. July 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-8-102. Repealed by Laws 1999, c. 320, &sect; 57, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-103. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 70-8-103v1 (SB 280, Laws 2013, c. 184, &sect; 1)&nbsp;</span></p> <p><span class="cls0">OS 70-8-103v2 (HB 2131, Laws 2013, c. 312, &sect; 2)&nbsp;</span></p> <p><span class="cls0">&sect;70-8-103.1. Transfer of student not residing in district - Criteria and standards - Children of military personnel.&nbsp;</span></p> <p><span class="cls0">A. A local school district board of education which receives a request for a transfer for a student who does not reside in the school district may refuse the transfer in accordance with the provisions of the open transfer policy adopted by the local school district board of education and subject to the provisions of subsection B of this section. Each local board of education shall adopt an open transfer policy for the school district which specifies its criteria and standards for approval of transfers of students who do not reside in the district. The policy shall include, but shall not be limited to, provisions relating to the availability of programs, staff, or space as criteria for approval or denial of transfers. A school district may include in the policy as the basis for denial of a transfer, the reasons outlined in Section 24-101.3 of this title.&nbsp;</span></p> <p><span class="cls0">In considering requests for students to transfer into a school district, the board of education shall consider the requests on a first-come, first-serve basis. A school district shall not accept or deny a transfer based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measure of achievement, aptitude, or athletic ability.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the provisions of the Education Open Transfer Act, transfers of children with disabilities shall be granted as authorized in Section 13-103 of this title.&nbsp;</span></p> <p><span class="cls0">B. A local school district board of education shall adopt a policy for the school district regarding the transfer of students who are the dependent children of a member of the active uniformed military services of the United States on full-time active duty status and for whom Oklahoma is the home of record and students who are the dependent children of a member of the military reserve on active duty orders and for whom Oklahoma is the home of record. The policy shall provide for the approval of the transfer if:&nbsp;</span></p> <p><span class="cls0">1. At least one parent of the student has a Department of Defense-issued identification card;&nbsp;</span></p> <p><span class="cls0">2. At least one parent can provide evidence that he or she will be on active duty status or active duty orders, meaning the parent will be temporarily transferred in compliance with official orders to another location in support of combat, contingency operation or a natural disaster requiring the use of orders for more than thirty (30) consecutive days; and&nbsp;</span></p> <p><span class="cls0">3. The student will be residing with a relative of the student who lives in the receiving school district or who will be living in the receiving school district within six (6) months of the filing of the application for transfer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 22, eff. July 1, 1999. Amended by Laws 2013, c. 285, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-8-103.2. Extramural athletic competition for transfer student not residing in district.&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided, a student who enrolls, pursuant to the Education Open Transfer Act or pursuant to Section 2 of this act, in a school district in which the student is not a resident shall not be eligible to participate in school-related extramural athletic competition governed by the Oklahoma Secondary School Activities Association for a period of one (1) year from the first day of attendance at the receiving school unless the transfer is from a school district which does not offer the grade the student is entitled to pursue. If the student is granted an emergency transfer pursuant to Section 8-104 of this title, was granted a transfer for any reason prior to January 1, 2000, or enrolls pursuant to the Education Open Transfer Act and qualifies for a hardship waiver pursuant to the rules of the Oklahoma Secondary School Activities Association, eligibility to participate in school-related extramural athletic competition shall be determined by the Oklahoma Secondary School Activities Association.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 320, &sect; 23, eff. July 1, 1999. Amended by Laws 2000, c. 232, &sect; 10, eff. July 1, 2000; Laws 2006, c. 93, &sect; 1, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-8-103v1. Application for transfer - Procedure.&nbsp;</span></p> <p><span class="cls0">A. In order that any student may be transferred, an application form specified by the State Board of Education must be completed by the parents of the student. For purposes of the Education Open Transfer Act, the term "parent" means the parent of the student or person having custody of the student as provided for in paragraph 1 of subsection A of Section 1-113 of this title. The application shall be obtained from and filed with the superintendent of the receiving school district for transfers to school districts in the State of Oklahoma and with the State Board of Education for transfers to school districts in another state. Except as otherwise provided for in this section, applications shall be filed no later than May 31 of the school year preceding the school year for which the transfer is desired. By May 31 of the same school year, the receiving school district shall notify the resident school district that an application for transfer has been filed by a student enrolled in the resident school district. The board of education of the receiving school district shall approve or deny the application for transfer not later than July 15 of the same year and shall notify the parents of the student of the decision. By August 1 of the same year, the parents of the student shall notify the receiving school district that the student will be enrolling in that school district. Failure of parents to notify the district as required may result in loss of the student's right to enroll in the district for that year.&nbsp;</span></p> <p><span class="cls0">B. On or before September 1, it shall be the duty of the superintendent of the receiving school district to file with the State Board of Education and each resident district a statement showing the names of the students granted transfers to the school district, the resident school district of the transferred students and their respective grade level.&nbsp;</span></p> <p><span class="cls0">C. The receiving school district of a student transferred pursuant to the provisions of this act shall notify the resident school district and parents of the student of a cancellation of the transfer. Such notice shall be made by July 15 prior to the school year for which the cancellation is applicable.&nbsp;</span></p> <p><span class="cls0">D. For students who are deaf or hearing impaired who wish to transfer to a school district with a specialized deaf education program, applications may be filed at any time during the school year. Upon approval of the receiving school district, the student may transfer to the receiving school district at any time during the school year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 8-103, eff. July 2, 1971. Amended by Laws 1989, 1st Ex.Sess., c. 2, &sect; 89, operative July 1, 1990; Laws 1993, c. 239, &sect; 35, eff. July 1, 1993; Laws 1994, c. 232, &sect; 2, emerg. eff. May 25, 1994; Laws 1999, c. 320, &sect; 21, eff. July 1, 1999; Laws 2000, c. 232, &sect; 9, eff. July 1, 2000; Laws 2003, c. 434, &sect; 12; Laws 2006, c. 248, &sect; 1, emerg. eff. June 7, 2006; Laws 2013, c. 184, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-8-103v2. Application for transfer - Procedure.&nbsp;</span></p> <p><span class="cls0">A. In order that any student may be transferred, an application form specified by the State Board of Education must be completed by the parents of the student. For purposes of the Education Open Transfer Act, the term "parent" means the parent of the student or person having custody of the student as provided for in paragraph 1 of subsection A of Section 1-113 of this title. The application shall be obtained from and filed with the superintendent of the receiving school district for transfers to school districts in the State of Oklahoma and with the State Board of Education for transfers to school districts in another state. Except as otherwise provided for in this section, applications shall be filed no later than the first Monday in June of the school year preceding the school year for which the transfer is desired. By the first Monday in June of the same school year, the receiving school district shall notify the resident school district that an application for transfer has been filed by a student enrolled in the resident school district. The board of education of the receiving school district shall approve or deny the application for transfer within thirty (30) days of receipt of the application and shall notify the parents of the student of the decision. Within ten (10) days of receiving notice from the receiving school district, the parents of the student shall notify the receiving school district that the student will be enrolling in that school district. Failure of parents to notify the district as required may result in loss of the student's right to enroll in the district for that year.&nbsp;</span></p> <p><span class="cls0">B. On or before September 1, it shall be the duty of the superintendent of the receiving school district to file with the State Board of Education and each resident district a statement showing the names of the students granted transfers to the school district, the resident school district of the transferred students and their respective grade level.&nbsp;</span></p> <p><span class="cls0">C. The receiving school district of a student transferred pursuant to the provisions of this act shall notify the resident school district and parents of the student of a cancellation of the transfer. Such notice shall be made by June 1 prior to the school year for which the cancellation is applicable.&nbsp;</span></p> <p><span class="cls0">D. For students who are deaf or hearing impaired who wish to transfer to a school district with a specialized deaf education program, applications may be filed at any time during the school year. Upon approval of the receiving school district, the student may transfer to the receiving school district at any time during the school year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 8-103, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, &sect; 89, operative July 1, 1990; Laws 1993, c. 239, &sect; 35, eff. July 1, 1993; Laws 1994, c. 232, &sect; 2, emerg. eff. May 25, 1994; Laws 1999, c. 320, &sect; 21, eff. July 1, 1999; Laws 2000, c. 232, &sect; 9, eff. July 1, 2000; Laws 2003, c. 434, &sect; 12; Laws 2006, c. 248, &sect; 1, emerg. eff. June 7, 2006; Laws 2013, c. 312, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-8-104. Emergency transfers - Emergency defined.&nbsp;</span></p> <p><span class="cls0">A. In addition to the transfer process provided in Section 8-103 of this title, students may be transferred on an emergency basis. A written application for an emergency transfer designating the district to which the transfer is desired shall be made by the parent and filed with the superintendent of the receiving school district. On an adequate showing of emergency the superintendent of the receiving school district may make and order a transfer, subject to approval by the State Board of Education. An emergency shall include only:&nbsp;</span></p> <p><span class="cls0">1. The destruction or partial destruction of a school building;&nbsp;</span></p> <p><span class="cls0">2. The inability to offer the subject a pupil desires to pursue, if the pupil becomes a legal resident of a school district after February 1 of the school year immediately prior to the school year for which the pupil is seeking the transfer;&nbsp;</span></p> <p><span class="cls0">3. A catastrophic medical problem of a student, which for purposes of this section shall mean an acute or chronic serious illness, disease, disorder or injury which has a permanently detrimental effect on the body's system or renders the risk unusually hazardous;&nbsp;</span></p> <p><span class="cls0">4. The total failure of transportation facilities;&nbsp;</span></p> <p><span class="cls0">5. The concurrence of both the sending and receiving school districts;&nbsp;</span></p> <p><span class="cls0">6. The unavailability of remote or on-site Internet-based instruction by course title in the district of residence for a student identified as in need of drop-out recovery or alternative education services, provided such student was enrolled at any time in a public school in this state during the previous three (3) school years;&nbsp;</span></p> <p><span class="cls0">7. The unavailability of a specialized deaf education program for a student who is deaf or hearing impaired; or&nbsp;</span></p> <p><span class="cls0">8. When a student has been the victim of harassment, intimidation and bullying as defined in Section 24-100.3 of this title, upon verification by the receiving school district that the student has been the victim of harassment, intimidation or bullying and that the sending school district was notified of the incident or incidents prior to the filing of the application for transfer.&nbsp;</span></p> <p><span class="cls0">B. An emergency transfer previously made may be canceled, with the concurrence of the board of the receiving district and the parent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 8-104, eff. July 8, 1971. Amended by Laws 1981, c. 353, &sect; 3; Laws 1984, c. 151, &sect; 1, emerg. eff. April 19, 1984; Laws 1993, c. 239, &sect; 36, eff. July 1, 1993; Laws 1994, c. 168, &sect; 2, eff. July 1, 1994; Laws 1996, c. 319, &sect; 2, eff. July 1, 1996; Laws 1997, c. 343, &sect; 3, eff. July 1, 1997; Laws 1999, c. 320, &sect; 24, eff. July 1, 1999; Laws 2002, c. 453, &sect; 3, eff. July 1, 2002; Laws 2004, c. 319, &sect; 1, emerg. eff. May 20, 2004; Laws 2013, c. 85, &sect; 1, emerg. eff. April 22, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-8-105. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;708106. School dispensed with Transfer of pupils Annexation.&nbsp;</span></p> <p><span class="cls0">A. Upon a majority vote of the electors in a school district voting at the annual school district election or at a special school district election called for such purpose and held not later than June 30, either a high school or a grade school, or both, shall be dispensed with for the ensuing year. An election for such purpose shall also be held upon petition for an election, signed by forty percent (40%) of the school district electors. To calculate the sufficiency of the number of signatures on a petition, the forty percent (40%) figure shall be applied to the highest number of voters voting in a regular school election in the school district in the preceding five (5) years as determined by the secretary of the county election board. The secretary of the county election board shall certify the sufficiency of the number of signatures on the petition. The election shall be conducted by the county election board in accordance with Sections 13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The secretary of the county election board shall notify the State Board of Education of the results of every election held to dispense with school.&nbsp;</span></p> <p><span class="cls0">B. All of the pupils who would be entitled to attend school in the grades dispensed with shall be transferred to another school district or districts maintaining courses of instruction which such pupils are entitled to pursue. The parent or guardian of each child to be transferred shall be required to file an application for the transfer of the child or children with the State Department of Education, within ten (10) days after the results of the election are declared. The procedures for such transfers shall be determined by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">C. Any school district which dispenses with its entire school district for the ensuing year, as provided herein, shall be mandatorily annexed on July 1 by the State Board of Education to another school district or other districts to which pupils of such dispensed school district have been transferred. Provided, if a school district does not officially dispense with its school and fails to open or maintain a school for such ensuing year, the State Board of Education, except in cases where reasons over which the district had no control causes a normal delay in the opening or maintenance of such school, shall at its next regular meeting, annex such school district to another school district or other districts to which pupils have been transferred. Provided further that if a school district does not have an average daily attendance that meets the State Board of Education regulations for accrediting purposes and does not dispense with its school by June 30, the State Board of Education shall annex such district to the high school transportation area in which the district is situated at the first regular or special meeting in July.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 8106, eff. July 2, 1971; Laws 1990, c. 284, &sect; 1, eff. Sept. 1, 1990; Laws 1992, c. 324, &sect; 13, eff. July 1, 1992; Laws 1993, c. 239, &sect; 37, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-8-107. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-108. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-109. Repealed by Laws 1989, 1st Ex.Sess., c. 2, &sect;122, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-110. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-111. Repealed by Laws 1981, c. 356, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;70-8-112. Student transfer fees abolished - Other fees unaffected - Contract to waive transfer fees prohibited - Transfer forms.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, on and after July 1, 1990, no school district shall be required to pay and no school district shall charge any other school district a fee for the transfer of a student. Specifically, transfer fees shall not be permitted for transfers between elementary school districts, for transfers between independent school districts or for transfers between independent school districts and elementary school districts.&nbsp;</span></p> <p><span class="cls0">B. Nothing herein shall prevent the payment or charging of any other fee for the transfer of a student as required by law. Except as otherwise provided for in the Education Open Transfer Act, school districts shall not be permitted to contract to waive transfer fees with regard to special education pupil transfers.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Education shall establish the necessary and appropriate application forms sufficient to enable school districts to accomplish transfers and to comply with the provisions of Sections 8101 through 8-106 of this title. Upon establishment of such forms, the State Board of Education shall notify each school district of the content thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex.Sess., c. 2, &sect; 92, operative July 1, 1990. Amended by Laws 1991, c. 3, &sect; 12, eff. July 1, 1991; Laws 1991, c. 280, &sect; 63, eff. July 1, 1991; Laws 1993, c. 239, &sect; 38, eff. July 1, 1993; Laws 1999, c. 320, &sect; 25, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-8-113. Transfer to district where parent or legal guardian is teacher.&nbsp;</span></p> <p><span class="cls0">A student shall be allowed to transfer to a school district in which the parent or legal guardian of the student is employed as a teacher, as defined in Section 1-116 of Title 70 of the Oklahoma Statutes, upon the approval of the receiving district only.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 93, &sect; 2, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-9-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-4. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-6. Repealed by Laws 1955, p. 445, &sect; 55.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-8. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-9. Repealed by Laws 1961, p. 553, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-10. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-11. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-12. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-13. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-14. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-15. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-16. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-17. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-18. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-19. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-9-20. Repealed by Laws 1961, p. 553, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;709101. Transportation provided.&nbsp;</span></p> <p><span class="cls0">A. Any school district may provide transportation for any child who is participating in any prekindergarten or early childhood program operated by the school district or any child who is participating in any Head Start program offered within the school district.&nbsp;</span></p> <p><span class="cls0">B. Upon a request for a student transfer pursuant to the provisions of the Education Open Transfer Act, if the parent of the student requests that the receiving district provide transportation for the student, and if the receiving district grants the transfer, then the receiving district may provide such transportation only within the boundaries of the receiving school district. A receiving school district shall not cross school district boundaries to transport a kindergarten through eighth-grade student transferred pursuant to the Education Open Transfer Act except as otherwise authorized in Section 9-105 of this title.&nbsp;</span></p> <p><span class="cls0">C. Any school district may provide transportation for each student who should attend any public elementary or secondary school when, and only when, transportation is necessary for accomplishment of one of the following purposes:&nbsp;</span></p> <p><span class="cls0">1. To provide adequate educational facilities and opportunities which otherwise would not be available, which shall include those purposes provided in the Education Open Transfer Act; and&nbsp;</span></p> <p><span class="cls0">2. To transport students whose homes are more than a reasonable walking distance, as defined by regulations of the State Board of Education, from the school attended by such student. Provided, that no state funds shall be paid for the transportation of a student whose residence is within one and onehalf (1 1/2) miles from the school attended by such student.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-101, eff. July 2, 1971. Amended by Laws 1973, c. 211, &sect; 32, emerg. eff. May 22, 1973; Laws 1987, c. 104, &sect; 1, emerg. eff. May 22, 1987; Laws 1989, c. 335, &sect; 4, eff. July 1, 1989; Laws 1999, c. 320, &sect; 26, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-101.1. Inspection of transportation equipment - Official inspector.&nbsp;</span></p> <p><span class="cls0">A. The board of education of any school district furnishing transportation shall require that all transportation equipment, as defined in paragraph 1 of subsection A of Section 9-104 of this title, operated by that school district be inspected once a year by an official inspector, as designated by the State Board of Education, to verify that the transportation equipment is being maintained and operated in accordance with all the requirements of the rules of the State Board of Education and state and federal law. The inspection shall include an examination and test of the brakes, steering, front and rear wheel suspension, exhaust systems, wheels and tires, windshield wipers, horn or warning device, proper adjustment of turn signals, windshield, and other glass and lighting equipment, and if applicable, stop signal arms, and emergency exits and equipment. A record of the inspection shall be maintained by the school district and shall be available for inspection upon request.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;official inspector&rdquo; means a person who, by training and experience specified by rule promulgated by the State Board of Education, is eligible to conduct inspections.&nbsp;</span></p> <p><span class="cls0">C. Failure to comply with subsection A of this section shall result in a loss of state funds to that school district in an amount to be determined by the State Board of Education.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Department of Public Safety may perform inspections of all school transportation equipment and inspection records.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 185, &sect; 1. Amended by Laws 2008, c. 439, &sect; 5, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;709103. Purchase or contract for use of vehicles Lettering.&nbsp;</span></p> <p><span class="cls0">The board of education of any school district authorized to furnish transportation to school children may purchase and maintain suitable vehicles for such use and/or may contract with responsible individuals or another school district to furnish all or part of said transportation. All such contractors, however, shall be subject to statutory provisions relating to the transportation of school children. Every vehicle with a capacity of ten passengers or more used in transporting school children shall have painted in letters not less than eight (8) inches in height on the front thereof the words, "SCHOOL BUS," and on the rear thereof in letters of the same size, "SCHOOL BUS."&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 281, &sect; 9103, eff. July 2, 1971; Laws 1973, c. 112, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;70-9-104. Transportation equipment - Definitions - Construction and maintenance - Colors - Penalty.&nbsp;</span></p> <p><span class="cls0">A. As used in this title:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Transportation equipment&rdquo; means any vehicle or conveyance used for transportation of pupils from their homes to school and from school to their homes when the cost of rent, lease, purchase, maintenance, or operation of said vehicle or conveyance is defrayed in whole or in part from public school funds; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Auxiliary transportation equipment&rdquo; includes but is not limited to equipment used for transporting students to and from extracurricular activities but does not include transportation equipment used for transporting students from their homes to school and from school to their homes.&nbsp;</span></p> <p><span class="cls0">B. 1. All transportation equipment shall be of such construction as to provide safe, comfortable and economical transportation of passengers. All such equipment which is used to transport ten or more public school children at one time shall be constructed, maintained and operated in accordance with all requirements of laws of the State of Oklahoma and rules of the State Board of Education.&nbsp;</span></p> <p><span class="cls0">2. All auxiliary transportation equipment shall be of such construction as to provide safe, comfortable and economical transportation of passengers. All auxiliary transportation equipment which is used to transport ten or more public school children at one time shall be constructed and maintained in accordance with all requirements of laws of this state.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this act shall prevent the bidding by and purchase of new or used transportation equipment or new or used auxiliary transportation equipment from out-of-state dealers so long as they comply with Section 561 et seq. of Title 47 of the Oklahoma Statutes regulating and licensing manufacturers, distributors, dealers, salesmen, etc., and hold a current motor vehicle dealers&rsquo; license.&nbsp;</span></p> <p><span class="cls0">D. Notwithstanding any other provision of law, a district board of education may paint or purchase auxiliary transportation equipment in a color or colors other than National School Bus Yellow.&nbsp;</span></p> <p><span class="cls0">E. Any person violating the provisions of this section shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-104, eff. July 2, 1971. Amended by Laws 1974, c. 244, &sect; 2; Laws 1994, c. 138, &sect; 1, eff. July 1, 1994; Laws 2004, c. 533, &sect; 1, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;709105. Boundaries of areas of transportation Definite routes - Withholding state funds for noncompliance - Rules and regulations.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Education shall determine and fix definite boundaries of the area in which each school district shall provide transportation for each school. When an elementary school district is surrounded by an independent school district, the independent school district must be designated as the transportation area for the high school students in the elementary school district.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Education is authorized to establish definite routes in each transportation area, and it shall be the further duty of said Board to make rules and regulations as to the manner in which said area and routes may be established or changed. Except as otherwise provided in this section, state funds payable to a district shall be withheld for a failure or refusal to confine its transportation to the area and routes designated by the State Board of Education or to comply with the rules and regulations of the State Board of Education. State funds payable to a school district shall not be withheld in the following circumstances:&nbsp;</span></p> <p><span class="cls0">1. When, based upon the mutual agreement of the two participating school districts, a school district offering special education classes extends its transportation program to include the transportation of students qualifying for special education in an adjacent school district which does not offer special education classes, for the purpose of offering its special education classes to said students; or&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;2. When, by resolutions of the boards of education of two participating districts, the districts agree that one or both of the districts may extend its transportation program into the other participating district to provide transportation for students who reside in such other participating district and who, by agreement of the participating districts, are, or will be, attending school in the district that has agreed to furnish transportation for the students.&nbsp;</span></p> <p><span class="cls0">C. The State Board shall promulgate rules as are necessary to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 281, &sect; 9105, eff. July 2, 1971; Laws 1976, c. 273, &sect; 24, emerg. eff. June 17, 1976; Laws 1991, c. 3, &sect; 13, eff. July 1, 1991; Laws 1992, c. 254, &sect; 7, emerg. eff. May 22, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-9-106. Insurance to pay damages - Actions against school district.&nbsp;</span></p> <p><span class="cls0">The board of education of any school district authorized to furnish transportation may purchase insurance for the purpose of paying damages to persons sustaining injuries proximately caused by the operation of motor vehicles used in transporting school children. The operation of said vehicles by school districts, however, is hereby declared to be a public governmental function, and no action for damages shall be brought against a school district under the provisions of this section but may be brought against the insurer, and the amount of the damages recoverable shall be limited in amount to that provided in the contract of insurance between the district and the insurer and shall be collectible from said insurer only. The provisions of this section shall not be construed as creating any liability whatever against any school district which does not provide said insurance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-106, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-107. Rules of the road.&nbsp;</span></p> <p><span class="cls0">Each school bus shall be operated in conformity with all rules of the road duly established by law and shall observe traffic requirements for the route which it travels.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-107, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-108. Additional transportation - Expenses.&nbsp;</span></p> <p><span class="cls0">The board of education of any school district furnishing transportation is hereby authorized to furnish, in addition to free transportation to and from school, transportation within or without the district, within or outside of this state, for children attending the schools of that district, for the purpose of attending cocurricular and extracurricular activities. Two or more districts may enter into agreements for the furnishing of such transportation. The expense of any such additional transportation shall be paid by the children so transported, by the school activity or school organization receiving benefit from such transportation, or from other private sources. Money so collected shall not be chargeable to or become a part of the school district's finances.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-108, eff. July 2, 1971. Amended by Laws 1994, c. 290, &sect; 70, eff. July 1, 1994; Laws 2001, c. 33, &sect; 86, eff. July 1, 2001; Laws 2005, c. 472, &sect; 12, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-9-109. Price list and description of transportation equipment.&nbsp;</span></p> <p><span class="cls0">The State Board of Education is hereby authorized to request a price list and a complete description and specifications of any transportation equipment to be offered for sale to any school board or board of education of any district in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall examine such equipment to determine whether or not such equipment meets the requirements of the National School Bus Standards and such other specifications as the State Board of Education may determine as necessary to provide safe transportation for pupils to and from school and shall approve for sale to all schools in the State of Oklahoma transportation equipment, including bus bodies and chassis, which equipment meets or exceeds the specifications provided for the National School Bus Standards and such other specifications as the State Board of Education may deem as necessary. Any equipment fueled by alternative fuels as defined in Section 130.13 of Title 74 of the Oklahoma Statutes shall also meet any federal safety standards specified for any equipment used to provide transportation for pupils to and from school. The State Board of Education may approve auxiliary transportation equipment that is not National School Bus Yellow in color.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall make a list of the equipment approved by them and the maximum price at which such equipment can be purchased. The list shall include a complete description of the equipment. Such description shall include the specification of the school bus bodies and chassis as well as the factory list price of such equipment at the various factories. Such list shall be made available to all school districts authorized to purchase transportation equipment. Provided, at any time there shall be any change of specifications or prices by manufacturers of chassis or bodies, there shall be filed with the State Board of Education a revised set of specifications and prices.&nbsp;</span></p> <p><span class="cls0">The school board or board of education of any school district authorized to furnish transportation for pupils to and from school and receiving any State Aid funds, except as provided for in this section, shall be required to purchase all their transportation equipment from the list so provided on sealed bids and at a price not greater than the price filed with the State Board of Education; and the State Board of Education shall be required to deduct from any State Aid for which the school district may qualify the amount paid by any school district for transportation equipment not approved by the State Board of Education or the amount paid greater than shown on the price list for that transportation equipment filed with the State Board of Education. Unless otherwise exempted by this section, all purchases made under the provisions of this act for transportation shall be made upon sealed bids, and contract of purchase shall be awarded to the lowest and best bidder.&nbsp;</span></p> <p><span class="cls0">Provided, however, any purchase or sale of used transportation equipment shall not be subject to the list and sealed bid requirements as provided for in this section.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall adopt rules necessary for the administration of this section and shall require from school district boards of education such information and reports as necessary for proper administration of this section.&nbsp;</span></p> <p><span class="cls0">Any cost of administration of this section shall be paid by the State Board of Education from funds appropriated for the administration of the State Aid Law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-109, eff. July 2, 1971. Amended by Laws 1990, c. 294, &sect; 16, operative July 1, 1990; Laws 1994, c. 138, &sect; 2, eff. July 1, 1994; Laws 1995, c. 176, &sect; 1, eff. July 1, 1995; Laws 2002, c. 397, &sect; 32, eff. Nov. 1, 2002; Laws 2005, c. 472, &sect; 13, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-9-110. Special Transportation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created a revolving fund, to be known and designated as the "Special Transportation Revolving Fund," which shall consist of all appropriations made for the purposes hereinafter designated and shall also include all proceeds resulting from the use and/or resale of pupil-transportation equipment purchased out of monies in said revolving fund. Said revolving fund shall be a continuing fund and shall be nonfiscal in character.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-110, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-111. Use of fund.&nbsp;</span></p> <p><span class="cls0">The State Board of Education through the Director of Finance is hereby authorized to use the "Special Transportation Revolving Fund" for the purchase of pupil-transportation equipment suitable for the transportation of children to and from the common schools and to make one or more units of such pupil-transportation equipment available for use by any school district in the State of Oklahoma which is either required or authorized by statute to provide free transportation to and from school for children legally residing in such district or legally transferred thereto and entitled to attend school therein, but which school district does not have sufficient funds available, and, because of then existing indebtedness, may not legally issue its bonds for the purchase of other pupil-transportation equipment. Provided, such equipment shall be purchased from the list of approved equipment as provided for in Section 9-109 and at a price not greater than the price so approved. Provided, further, the school board or board of education of any school district desiring to rent such equipment shall select from the approved list the equipment they desire before the State Board of Education shall be authorized to purchase transportation equipment for rental to any district. Provided, further, the State Board of Education shall not be authorized to act in behalf of any school district in the purchase of any transportation equipment except as provided for in this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-111, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-112. Lease of equipment.&nbsp;</span></p> <p><span class="cls0">Any such eligible school district and the State Board of Education may enter into a lease contract, in writing, for the use by such school district of one or more of such pupil-transportation equipment units during the then current fiscal year, at the annual rental value of such unit or units determined in the manner provided for herein, but which contract may be entered into only against a then current item of appropriation for "Transportation Operation." Any school district which lawfully leases one or more of such pupil-transportation equipment units from the State Board of Education during any fiscal year shall be eligible to enter into a like contract for the same unit or units during and for the ensuing fiscal year, and shall also be eligible to purchase the same such units, as provided for herein, even though such district then has sufficient funds available or may then legally issue its bonds for the purchase of other pupil-transportation equipment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-112, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-113. Rental value of equipment.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall fix the annual rental value of each particular unit of such pupil-transportation equipment at an amount not less than that required to amortize the original total cost of that unit by five (5) years' rental thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-113, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-114. Sale of units of equipment after lease for one year.&nbsp;</span></p> <p><span class="cls0">The State Board of Education may sell any particular unit of such pupil-transportation equipment to an eligible school district, at any time after such unit has been leased for one (1) fiscal year, for an amount not less than the original total cost of such unit less rentals actually paid for the use of such unit; provided, however, in so selling any such unit, preference shall be given to the school district leasing such unit during the then preceding fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-114, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-115. Care of equipment.&nbsp;</span></p> <p><span class="cls0">Any school district leasing any such pupil-transportation equipment from the State Board of Education shall at its own cost and expense procure such equipment from the State Board of Education, keep such equipment, including all tires, tubes and accessories thereon and therewith, in good repair during the time the same shall be in its possession, and, at the expiration of the term of such lease, unless such equipment be purchased or again leased by such district, return such equipment to the State Board of Education in as good condition as when received, ordinary wear and tear alone excepted. Any tire or tube needing to be replaced while such equipment is in the possession of a school district shall be replaced by, and at the expense of, such district.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-115, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-116. Space for storage of equipment.&nbsp;</span></p> <p><span class="cls0">The State Board of Education is hereby authorized to procure space for the storage of such pupil-transportation units while not in the possession of a school district and to pay the necessary cost thereof from the "Special Transportation Revolving Fund." When any such unit is returned to the State Board of Education, said board is hereby authorized to recondition same, and to pay necessary cost of such reconditioning, including the cost of any new tires or tubes required for such purpose, from said "Special Transportation Revolving Fund."&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 9-116, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-117. Expense - Paid from what funds.&nbsp;</span></p> <p><span class="cls0">Any costs or expense necessarily incurred by the State Board of Education in the administration of the foregoing provisions relating to the "Special Transportation Revolving Fund" shall be paid from funds appropriated or allocated for the administration of laws providing for the payment of State Aid to school districts in the same manner that expenses of administration of such laws are paid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, &sect; 281, &sect; 9-117, eff. July 2, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-9-118. Operation instruction for bus drivers.&nbsp;</span></p> <p><span class="cls0">Except in case of emergency, anyone who operates, as a driver, a school bus whether a contractor for private hire or an employee of the school district for the transportation of students enrolled in the public schools of the district shall complete a course of instruction pertaining to the operation of a school bus. Said course to be approved by the State Department of Education and the district involved.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 112, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-10-1. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-2. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-3. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-4. Repealed by Laws 1969, c. 159, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-5. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-6. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-7. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-8. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-9. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-10. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-11. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-12. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-13. Repealed by Laws 1971, c. 281, &sect; 24-127, eff. July 2, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-101. Attendance officer - Assistants.&nbsp;</span></p> <p><span class="cls0">Except as provided in Section 10-102.1 of this title, the board of education of each school district shall appoint, or may employ, and fix the compensation of an attendance officer and such assistants as may be necessary, who shall serve under the authority and supervision of the board of education and the district superintendent of schools. Provided, that the same person may be appointed or employed as an attendance officer or assistant for two or more school districts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 281, &sect; 10-101, eff. July 2, 1971. Amended by Laws 1989, c. 178, &sect; 1, operative July 1, 1989; Laws 1991, c. 3, &sect; 14, eff. July 1, 1991; Laws 1994, c. 232, &sect; 3, emerg. eff. May 25, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-10-102. Repealed by Laws 1993, c. 239, &sect; 55, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;70-10-102.1. Police as attendance officers.&nbsp;</span></p> <p><span class="cls0">The board of education of each school district may enter into an agreement with the municipal police department serving the school district which provides that some or all of the duties of an attendance officer for the school district shall be performed by a certified police officer of the municipality. The agreement may further provide that the compensation and necessary traveling expenses of such attendance officer shall be payable from municipal funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 178, &sect; 3, operative July 1, 1989. Amended by Laws 1994, c. 232, &sect; 4, emerg. eff. May 25, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-10-103. Repealed by Laws 1986, c. 259, &sect; 65, operative July 1, 1986.&nbsp;</span></p> <p><span class="cls0">&sect;7010103.1. Legal average daily attendance.&nbsp;</span></p> <p><span class="cls0">The school population, scholastic population, scholastic enumeration, and enumeration of a district shall be the legal average daily attendance. The legal average daily attendance shall be the average number of pupils present in a school district during a year or other specified period of time. The State Board of Education shall determine the legal average daily attendance for each school district by dividing the aggregate days of pupils present in each school district by the number of days taught in each school district.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 259, &sect; 56, operative July 1, 1986. Amended by Laws 1987, c. 204, &sect; 116, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;70-10-103.2. Student information referral procedure.&nbsp;</span></p> <p><span class="cls0">By January 1, 1995, each school district in this state shall develop a student information referral procedure whereby the Oklahoma State Bureau of Investigation would, if authorized by a parent or legal guardian at any time, have access through a designated district employee to information currently maintained by the school district not prohibited from being released to law enforcement officers by state or federal law regarding past and present students in the district including but not limited to names of the parents of the student and their addresses.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 132, &sect; 3, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;70-10-104. State Treasurer and Secretary of School Land Department - Report.&nbsp;</span></p> <p><span class="cls0">The State Board of Education shall file with the Secretary of the School Land Commission a report, duly certified, showing the school population for the preceding school year of each school district. School population shall be determined as provided for in Section 10-103.1 of this title. The report so filed shall be the basis for making the apportionments of state school land earnings during the following fiscal year.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1986, c. 259, &sect; 57, operative July 1, 1986; Laws 1999, c. 292, &sect; 6, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;70-10-105. Neglect or refusal to compel child to attend school - Exceptions - Enforcement.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for a parent, guardian, or other person having custody of a child who is over the age of five (5) years, and under the age of eighteen (18) years, to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private or other school, unless other means of education are provided for the full term the schools of the district are in session or the child is excused as provided in this section. One-half (1/2) day of kindergarten shall be required of all children five (5) years of age or older unless the child is excused from kindergarten attendance as provided in this section. A child who is five (5) years of age shall be excused from kindergarten attendance until the next school year after the child is six (6) years of age if a parent, guardian, or other person having custody of the child notifies the superintendent of the district where the child is a resident by certified mail prior to enrollment in kindergarten, or at any time during the first school year that the child is required to attend kindergarten pursuant to this section, of election to withhold the child from kindergarten until the next school year after the child is six (6) years of age. A kindergarten program shall be directed toward developmentally appropriate objectives for such children. The program shall require that any teacher employed on and after January 1, 1993, to teach a kindergarten program within the public school system shall be certified in early childhood education. All teachers hired to teach a kindergarten program within the public school system prior to January 1, 1993, shall be required to obtain certification in early childhood education on or before the 1996-97 school year in order to continue to teach a kindergarten program.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any child who is over the age of twelve (12) years and