Oklahoma 2022 Regular Session

Oklahoma House Bill HB3432 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB3432 HFLR Page 1
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	3	+	Req. No. 9065 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		2nd Session of the 58th Legislature ( 2022)
34	31
35		-	HOUSE BILL 3432 By: Kerbs, Baker, Sims and
36		-	Hilbert
37		-
	32	+	HOUSE BILL 3432 By: Kerbs
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41	36		AS INTRODUCED
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43	38		An Act relating to agriculture; designating the
44	39		Oklahoma Department of Agriculture , Food, and
45	40		Forestry as the state educational agency refer enced
46	41		by the National School Lunch Act ; providing that the
47	42		Oklahoma Department of Agriculture, Food, and
48	43		Forestry may secure and administer the benefits of
49	44		the National School Lunch Act ; directing the Oklahoma
50	45		Department of Agriculture, Food, and Forestry to
51	46		provide general supervision of the school lunch
52	47		program; creating the School Lunch Workshop Revolving
53	48		Fund; providing for the allocation of funds for the
54	49		school lunch program ; amending 70 O.S. 2021, Section
55	50		3-104, which relates to the State Board of
56	51		Education's powers and duties; removing the State
57	52		Board of Education from overseeing and administering
58	53		school lunch program under the National School Lunch
59	54		Act; repealing 70 O.S. 2021, Section 3 -119, which
60	55		relates to the school lunch program ; providing for
61	56		codification; and providing an effective dat e.
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66		-
67	60		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
68	61		SECTION 1. NEW LAW A new section of l aw to be codified
69	62		in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
70	63		created a duplication in numbering, reads as follows:
	64	+	The Oklahoma Department of Agriculture, Food, and Forestry
	65	+	shall:
	66	+	1. Be and is hereby designated as the "State Educational
	67	+	Agency" referred to in Public Law 396 of the 79th Congress of the
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72		-	HB3432 HFLR Page 2
73		-	BOLD FACE denotes Committee Amendments. 1
	69	+	Req. No. 9065 Page 2 1
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98		-	The Oklahoma Department of Agriculture, Food, and Forestry
99		-	shall:
100		-	1. Be and is hereby designated as the "State Educational
101		-	Agency" referred to in Public Law 396 of the 79th Congress of the
102	94		United States, which law states that said act may be cited as the
103	95		"National School Lunch Act ", and said Oklahoma Department of
104	96		Agriculture, Food, and Forestry is hereby authorized and directed to
105	97		accept the terms and provision s of said act and to enter into such
106	98		agreements, not in conflict with the Constitu tion of Oklahoma or the
107	99		Constitution and statutes of the United States, as may be necessary
108	100		or appropriate to secure for the State of Oklahoma the benefits of
109	101		the school lunch program established and referred to in said act;
110	102		2. Have authority to secure a nd administer the benefits of the
111	103		National School Lunch Act, Public Law 396 of the 79th Congress of
112	104		the United States, in the State of Oklahoma and is hereby authorized
113	105		to employ or appoint and fix the compensation of such additional
114	106		officers or employees and to incur such expenses as may be necessary
115	107		for the accomplishment of the above purpose, administer the
116	108		distribution of any state funds appropriated by the Legislature
117	109		required as federal matching to reimburse o n children's meals; and
118	110		3. Have general supervision of the school lunch program. The
119	111		Oklahoma Department of Agriculture , Food, and Forestry may sponsor
120	112		workshops for personnel and participants in the school lunch program
121	113		and may develop, print, and distribute free of charge or sell any
	114	+	materials, books, and bulletins to be used in such school lunch
	115	+	programs. There is hereby created in the State Treasury a revolving
	116	+	fund for the Oklahoma Department of Agriculture , Food, and Forestry,
	117	+	to be designated the "School Lunch Workshop Revolving Fund". The
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123		-	HB3432 HFLR Page 3
124		-	BOLD FACE denotes Committee Amendments. 1
	119	+	Req. No. 9065 Page 3 1
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149		-	materials, books, and bulletins to be used in such school lunch
150		-	programs. There is hereby created in the State Treasury a revolving
151		-	fund for the Oklahoma Department of Agriculture, Food, and Forestry,
152		-	to be designated the "School Lunch Workshop Revolving Fund". The
153	144		fund shall consist of all fees derived from or on behalf of any
154	145		participant in any such workshop sponsored by the Oklahoma
155	146		Department of Agriculture , Food, and Forestry, or from the sale of
156	147		any materials, books , and bulletins, and such funds shall be
157	148		disbursed for expenses of such workshops and for developing,
158	149		printing, and distributing such materials, books , and bulletins
159	150		related to the school lunch program. The fund shall be administered
160	151		in accordance with Sec tion 155 of Title 62 of the Oklahoma Statutes.
161	152		SECTION 2. NEW LAW A new section of law to be codified
162	153		in the Oklahoma Statutes as Section 3042 of Title 2, unless there is
163	154		created a duplication in numbering, reads as follows:
164	155		Funds appropriated to the Oklahoma Department of Agriculture,
165	156		Food, and Forestry for school lunch matching and the school lunch
166	157		program shall be apportioned by the Oklahoma Department of
167	158		Agriculture, Food, and Forestry to each school district for the
168	159		purpose of providing meals for children in complianc e with the
169	160		National School Lunch Act and the Chil d Nutrition Act of 1966 and
170	161		Public Law 91-248, as they may hereafter be amended or supplemented.
171	162		SECTION 3. AMENDATORY 70 O.S. 2021, Section 3-104, is
172	163		amended to read as follows:
	164	+	Section 3-104. A. The supervision of the public s chool system
	165	+	of Oklahoma shall be vested in the State Board of Education and,
	166	+	subject to limitations otherwise provided by law, the State Board of
	167	+	Education shall:
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174		-	HB3432 HFLR Page 4
175		-	BOLD FACE denotes Committee Amendments. 1
	169	+	Req. No. 9065 Page 4 1
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200		-	Section 3-104. A. The supervision of the public s chool system
201		-	of Oklahoma shall be vested in the State Board of Education and,
202		-	subject to limitations otherwise pro vided by law, the State Board of
203		-	Education shall:
204	194		1. Adopt policies and make rules for the o peration of the
205	195		public school system of the state ;
206	196		2. Appoint, prescribe the duties and fix the compensation of a
207	197		secretary, an attorney and all other personnel necessary for the
208	198		proper performance of the functions of the State Board of Education.
209	199		The secretary shall not be a member of the Board;
210	200		3. Submit to the Governor a departmental budget based upon
211	201		major functions of the Department as prepared by the State
212	202		Superintendent of Public Instruction and supported by detailed data
213	203		on needs and proposed ope rations as partially determined by the
214	204		budgetary needs of local school districts filed with the State Board
215	205		of Education for the ensuing fiscal year. Appropriations therefor
216	206		shall be made in lump -sum form for each major item in the budget as
217	207		follows:
218	208		a. State Aid to schools,
219	209		b. the supervision of all ot her functions of general and
220	210		special education including general control, free
221	211		textbooks, school lunch, Indian education and all
222	212		other functions of the Board and an am ount sufficient
223	213		to adequately staff and administer these services, and
	214	+	c. the Board shall determine the details by which the
	215	+	budget and the appropriations are administered.
	216	+	Annually, the Board shall make preparations to
	217	+	consolidate all of the functions of the Department in
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225		-	HB3432 HFLR Page 5
226		-	BOLD FACE denotes Committee Amendments. 1
	219	+	Req. No. 9065 Page 5 1
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251		-	c. the Board shall determine the details by which the
252		-	budget and the appropriations are administered.
253		-	Annually, the Board shall mak e preparations to
254		-	consolidate all of the functions of the Department in
255	244		such a way that the b udget can be based on two items,
256	245		administration and aid to schools. A maximum amount
257	246		for administration shall be designated as a part of
258	247		the total appropriation;
259	248		4. On the first day of December preceding each regul ar session
260	249		of the Legislature, prepare a nd deliver to the Governor and the
261	250		Legislature a report for the year ending June 30 immediately
262	251		preceding the regular session of the Legislature. The report shall
263	252		contain:
264	253		a. detailed statistics and other informatio n concerning
265	254		enrollment, attendance, exp enditures including State
266	255		Aid, and other pertinen t data for all public schools
267	256		in this state,
268	257		b. reports from each and every division within the State
269	258		Department of Education as submitted by the State
270	259		Superintendent of Public Instruction and any other
271	260		division, department, institution or other agency
272	261		under the supervision of the Board,
273	262		c. recommendations for the improvement of the public
274	263		school system of the state,
	264	+	d. a statement of the receipts and expenditures of th e
	265	+	State Board of Education for the past year, and
	266	+	e. a statement of plans and recommendat ions for the
	267	+	management and improvement of public schools and such
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276		-	HB3432 HFLR Page 6
277		-	BOLD FACE denotes Committee Amendments. 1
	269	+	Req. No. 9065 Page 6 1
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302		-	d. a statement of the receipts and expenditures of th e
303		-	State Board of Education for the past year, and
304		-	e. a statement of plans and recommendat ions for the
305		-	management and improvement of public schools and such
306	294		other information relating to the educational
307	295		interests of the state as may be deemed necessary and
308	296		desirable;
309	297		5. Provide for the formulati on and adoption of curricula,
310	298		courses of study and other instructional aids necessary for the
311	299		adequate instruction of pupils in the public schools;
312	300		6. Have authority in matters pertaining to the licensure and
313	301		certification of persons for instructional, su pervisory and
314	302		administrative positions and servic es in the public schools of the
315	303		state subject to the provisions of Section 6 -184 of this title, and
316	304		shall formulate rules governing the issuance and revocation of
317	305		certificates for superintendents of schools, principals,
318	306		supervisors, librarians, clerical em ployees, school nurses, school
319	307		bus drivers, visiting teachers, classroom teachers and for other
320	308		personnel performing instructional, administrative and supervisory
321	309		services, but not including members of board s of education and other
322	310		employees who do not wor k directly with pupils, and may charge and
323	311		collect reasonable fees for the issuance of such certificates:
324	312		a. the State Department of Education shall not issue a
325	313		certificate to and shall revoke the certificat e of any
	314	+	person who has been convicted, whether u pon a verdict
	315	+	or plea of guilty or upon a plea of nolo contendere,
	316	+	or received a suspended sentence or any probationary
	317	+	term for a crime or an attempt to commit a crim e
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327		-	HB3432 HFLR Page 7
328		-	BOLD FACE denotes Committee Amendments. 1
	319	+	Req. No. 9065 Page 7 1
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353		-	person who has been convicted, whether u pon a verdict
354		-	or plea of guilty or upon a plea of nolo contendere,
355		-	or received a suspended sentence or any probati onary
356		-	term for a crime or an attempt to commit a crim e
357	344		provided for in Section 843.5 of Title 21 of the
358	345		Oklahoma Statutes if the offense invol ved sexual abuse
359	346		or sexual exploitation as those terms are defined in
360	347		Section 1-1-105 of Title 10A of the Oklahoma Statutes,
361	348		Section 741, 843.1, if the offense include d sexual
362	349		abuse or sexual exploitation, 8 65 et seq., 885, 888,
363	350		891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
364	351		1111.1, 1114 or 1123 of Title 21 of the Oklahoma
365	352		Statutes or who enters this state and who has been
366	353		convicted, received a suspended sentence or r eceived a
367	354		deferred judgment for a crime or attempted crime
368	355		which, if committed or attempt ed in this state, would
369	356		be a crime or an attempt to commit a crime provided
370	357		for in any of said laws, and
371	358		b. all funds collected by the State Department of
372	359		Education for the issuance of certificates to
373	360		instructional, supervisory and administrative
374	361		personnel in the public schools of the state shall be
375	362		deposited in the "Teachers' Certificate Fund" in the
376	363		State Treasury and may be expended by the State Board
	364	+	of Education to finance the activities of the State
	365	+	Department of Education necessary to administer the
	366	+	program, for consultative services, publication costs,
	367	+	actual and necessary travel expenses as provided in
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378		-	HB3432 HFLR Page 8
379		-	BOLD FACE denotes Committee Amendments. 1
	369	+	Req. No. 9065 Page 8 1
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404		-	of Education to finance the activities of the State
405		-	Department of Education necessary to administer the
406		-	program, for consultative services, publication costs,
407		-	actual and necessary travel expenses as provided in
408	394		the State Travel Reimbursement Act incurred by persons
409	395		performing research work, and other expenses found
410	396		necessary by the State Board of Education f or the
411	397		improvement of the preparation and certification of
412	398		teachers in Oklahoma. Provided, any unobligated
413	399		balance in the Teachers ' Certificate Fund in excess of
414	400		Ten Thousand Dollars ($10,000.00) on June 30 of any
415	401		fiscal year shall be transferred to the G eneral
416	402		Revenue Fund of the State of Oklahoma. Until July 1,
417	403		1997, the State Board of Education shall have
418	404		authority for approval of teacher education programs.
419	405		The State Board of Education shall also have authority
420	406		for the administration of teacher resid ency and
421	407		professional development, subject to the provisions of
422	408		the Oklahoma Teacher Preparation Act;
423	409		7. Promulgate rules governing the classification, inspection,
424	410		supervision and accrediting of all public nursery, kindergarten,
425	411		elementary and secondary s chools and on-site educational services
426	412		provided by public school districts or state -accredited private
427	413		schools in partial hospitalization programs, day treatment prog rams,
	414	+	and day hospital programs as defin ed in this act for persons between
	415	+	the ages of three (3) and twenty-one (21) years of age in the state.
	416	+	However, no school shall be denied accreditation solely on the basis
	417	+	of average daily attendance.
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429		-	HB3432 HFLR Page 9
430		-	BOLD FACE denotes Committee Amendments. 1
	419	+	Req. No. 9065 Page 9 1
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455		-	and day hospital programs as defin ed in this act for persons between
456		-	the ages of three (3) and twenty-one (21) years of age in the state.
457		-	However, no school shall be denied accreditation solely on the basis
458		-	of average daily attendance.
459	444		Any school district which maintains an elementary sch ool and
460	445		faces the necessity of relocating its sch ool facilities because of
461	446		construction of a lake, either by state or federal authority, which
462	447		will inundate the school facilities, shall be entitled to receive
463	448		probationary accreditation from the State Board of Education for a
464	449		period of five (5) years afte r the effective date of this act and
465	450		any school district, otherwise qualified, shall be entitled to
466	451		receive probationary accreditation from the State Board of Educatio n
467	452		for a period of two (2) consecutive ye ars to attain the minimum
468	453		average daily attendanc e. The Head Start and public nurseries or
469	454		kindergartens operated from Community Action Program funds shall not
470	455		be subjected to the accrediting rules of the State Boar d of
471	456		Education. Neither will the State Board of Education make rules
472	457		affecting the operation of the public nurseries and kindergartens
473	458		operated from federal funds secured through Community Action
474	459		Programs even though they may be operating in the public sc hools of
475	460		the state. However, any of the Head Start or public nurseries or
476	461		kindergartens operated under federal regulations may make
477	462		application for accrediting from the State Board of Education but
478	463		will be accredited only if application for the approval o f the
	464	+	programs is made. The status of n o school district shall be changed
	465	+	which will reduce it to a lower classification until due notice has
	466	+	been given to the proper authorities thereof and an opportunity
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480		-	HB3432 HFLR Page 10
481		-	BOLD FACE denotes Committee Amendments. 1
	468	+	Req. No. 9065 Page 10 1
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506		-	programs is made. The status of n o school district shall be changed
507		-	which will reduce it to a lower classification until due notice has
508		-	been given to the proper authorities thereof and an opportun ity
509	493		given to correct the conditions which otherwise w ould be the cause
510	494		of such reduction.
511	495		Private and parochial schools may be accredited and classified
512	496		in like manner as public schools or, if an accrediting association
513	497		is approved by the State Board of Education, by procedures
514	498		established by the State Board of Education to accept accreditation
515	499		by such accrediting association, if application is made to the State
516	500		Board of Education for such accrediting;
517	501		8. Be the legal agent of the State of Oklahoma to accept, in
518	502		its discretion, the provisions of any Act of C ongress appropriating
519	503		or apportioning funds which are now, or may hereafter be, provided
520	504		for use in connection with any phase of the system of public
521	505		education in Oklahoma. It shall prescribe such rules as it finds
522	506		necessary to provide for the proper dist ribution of such funds in
523	507		accordance with the state and federal laws;
524	508		9. Be and is specifically hereby designated as the agency of
525	509		this state to cooperate and deal with any officer, board or
526	510		authority of the United States Government under any law of the
527	511		United States which may require or recomm end cooperation with any
528	512		state board having charg e of the administration of public schools
529	513		unless otherwise provided by law;
	514	+	10. Be and is hereby designated as the "State Educational
	515	+	Agency" referred to in Public La w 396 of the 79th Congress of the
	516	+	United States, which law states that said act may be ci ted as the
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531		-	HB3432 HFLR Page 11
532		-	BOLD FACE denotes Committee Amendments. 1
	518	+	Req. No. 9065 Page 11 1
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557		-	10. Be and is hereby designated as th e "State Educational
558		-	Agency" referred to in Public La w 396 of the 79th Congress of the
559		-	United States, which law states that said act may be ci ted as the
560	543		"National School Lunch Act ", and said State Board of Education is
561	544		hereby authorized and directed to accept the terms and provisions of
562	545		said act and to enter into such agreements, not in conflict w ith the
563	546		Constitution of Oklahoma or the Constitut ion and Statutes of the
564	547		United States, as may be necessary or appropriate to secure for the
565	548		State of Oklahoma the benefits of the school lunch program
566	549		established and referred to in said act;
567	550		11. Have authority to secure and administer the benefits of th e
568	551		National School Lunch Act, Public Law 396 of the 79th Congress of
569	552		the United States, in the State of Oklahoma and is hereby authorized
570	553		to employ or appoint and fix th e compensation of such additional
571	554		officers or employees and to incur such expenses as ma y be necessary
572	555		for the accomplishment of the above purpose, administer the
573	556		distribution of any state funds appropriated by the Legislature
574	557		required as federal matching to reimburse on children's meals;
575	558		12. Accept and provide for the administration of any land,
576	559		money, buildings, gifts, donation or other things of value which may
577	560		be offered or bequeathed to the schools under the supervision or
578	561		control of said Board;
579	562		13. 11. Have authority to require persons ha ving administrative
580	563		control of all school distr icts in Oklahoma to make such regular and
	564	+	special reports regarding the activities of the schools in said
	565	+	districts as the Board may deem needful for the proper exercise of
	566	+	its duties and functions. Such auth ority shall include the right of
581	567
582		-	HB3432 HFLR Page 12
583		-	BOLD FACE denotes Committee Amendments. 1
	568	+	Req. No. 9065 Page 12 1
584	569		2
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607	592
608		-	special reports regarding the activities of the schools in said
609		-	districts as the Board may deem needful for the proper exercise of
610		-	its duties and functions. Such auth ority shall include the right of
611	593		the State Board of Education to withhold all state funds under its
612	594		control, to withhold official recognition, including accrediting,
613	595		until such required reports have been filed and ac cepted in the
614	596		office of said Board and t o revoke the certificates of persons
615	597		failing or refusing to make such reports;
616	598		14. Have general supervision of the school lunch program. The
617	599		State Board of Education may sponsor workshops for personnel and
618	600		participants in the school lunch program and may develop, print and
619	601		distribute free of charge o r sell any materials, books and bulletins
620	602		to be used in such school lunch programs. There is hereby created
621	603		in the State Treasury a revolving fund for the Board, to be
622	604		designated the School Lunch Workshop Rev olving Fund. The fund shall
623	605		consist of all fees derived from or on behalf of any participant in
624	606		any such workshop sponsored by the State Board of Education, or from
625	607		the sale of any materials, books and bulletins, an d such funds shall
626	608		be disbursed for expe nses of such workshops and for developing,
627	609		printing and distributing of such materials, books and bulletins
628	610		relating to the school lunch program. The fund shall be
629	611		administered in accordance with Section 155 of Titl e 62 of the
630	612		Oklahoma Statutes;
	613	+	15. 12. Prescribe all forms for school district and co unty
	614	+	officers to report to the State Board of Education where required.
	615	+	The State Board of Education shall also prescribe a list of
	616	+	appropriation accounts by which the f unds of school districts shall
631	617
632		-	HB3432 HFLR Page 13
633		-	BOLD FACE denotes Committee Amendments. 1
	618	+	Req. No. 9065 Page 13 1
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657	642
658		-	15. 12. Prescribe all forms for school district and co unty
659		-	officers to report to the State Board of Education where required.
660		-	The State Board of Education shall also pres cribe a list of
661		-	appropriation accounts by which the f unds of school districts shall
662	643		be budgeted, accounted for and expended; and it shall b e the duty of
663	644		the State Auditor and Inspector in prescribing all budgeting,
664	645		accounting and reporting forms for school funds to conform to such
665	646		lists;
666	647		16. 13. Provide for the establishment of a uniform system o f
667	648		pupil and personnel accounting, records and reports;
668	649		17. 14. Have authority to provide for the health and safety of
669	650		school children and school personnel while under the jurisdiction of
670	651		school authorities;
671	652		18. 15. Provide for the supervision of the tran sportation of
672	653		pupils;
673	654		19. 16. Have authority, upon request of the local school board,
674	655		to act in behalf of the public schools of the state in the purchase
675	656		of transportation equipment;
676	657		20. 17. Have authority and is h ereby required to perform all
677	658		duties necessary to the administration of the publi c school system
678	659		in Oklahoma as specified in the Oklahoma School Code; and, in
679	660		addition thereto, those duties not specifically mentioned herein if
680	661		not delegated by law to any o ther agency or official;
	662	+	21. 18. Administer the State Public Common School Buil ding
	663	+	Equalization Fund established by Section 32 of Article X of the
	664	+	Oklahoma Constitution. Any monies as may be appropriated or
	665	+	designated by the Legislature, other than ad v alorem taxes, any
	666	+	other funds identified by the State Department of Education, w hich
681	667
682		-	HB3432 HFLR Page 14
683		-	BOLD FACE denotes Committee Amendments. 1
	668	+	Req. No. 9065 Page 14 1
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686	671		4
687	672		5
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690	675		8
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704	689		22
705	690		23
706	691		24
707	692
708		-	21. 18. Administer the State Public Common School Buil ding
709		-	Equalization Fund established by Section 32 of Article X of the
710		-	Oklahoma Constitution. Any monies as may be appropria ted or
711		-	designated by the Legislature, other than ad v alorem taxes, any
712		-	other funds identified by the State Department of Education, w hich
713	693		may include, but not be limited to, grants -in-aid from the federal
714	694		government for building purposes, the proceeds of all property that
715	695		shall fall to the state by escheat, penalties for unlawful holding
716	696		of real estate by corporations, and capital gains on assets of the
717	697		permanent school funds, shall be deposited in the State Public
718	698		Common School Building Equalization Fund. The fund shall be used to
719	699		aid school districts and c harter schools in acquiring buildings,
720	700		subject to the limitations fixed by Secti on 32 of Article X of the
721	701		Oklahoma Constitution. It is hereby declared that the term
722	702		"acquiring buildings" as used in Section 32 of Article X of the
723	703		Oklahoma Constitution shal l mean acquiring or improving school
724	704		sites, constructing, repairing, remodeling or equipping buildings,
725	705		or acquiring school furniture, fixtures, or equipment. It is hereby
726	706		declared that the term "school districts" as used in Section 32 of
727	707		Article X of the Oklahoma Constitution shall mean school districts
728	708		and eligible charter schools as defined in subsection B of this
729	709		section. The State Board of Education shall disburse redbud school
730	710		grants annually from the State Public Common School Building
731	711		Equalization Fund to public schools and eligible cha rter schools
	712	+	pursuant to subsection B of this section. The Board shall
	713	+	promulgate rules for the implementation of disbursing redbud school
	714	+	grants pursuant to this section. The State Board of Education shall
	715	+	prescribe rules for making grants of aid from, and for otherwise
	716	+	administering, the fun d pursuant to the provisions of this
732	717
733		-	HB3432 HFLR Page 15
734		-	BOLD FACE denotes Committee Amendments. 1
	718	+	Req. No. 9065 Page 15 1
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742	726		9
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746	730		13
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758	742
759		-	pursuant to subsection B of this section. The Board shall
760		-	promulgate rules for the implementation of disbursing redbud school
761		-	grants pursuant to this section. The State Board of Education shall
762		-	prescribe rules for making grants of aid from, and for otherwise
763		-	administering, the fun d pursuant to the provisions of this
764	743		paragraph, and may employ and fix the duties and compensation of
765	744		technicians, aides, clerks, stenographers, attorneys and other
766	745		personnel deemed necessary to carry out the provisi ons of this
767	746		paragraph. The cost of admi nistering the fund shall be paid from
768	747		monies appropriated to the State Board of Education for the
769	748		operation of the State Department of Education. From monies
770	749		apportioned to the fund, the State Department of Educatio n may
771	750		reserve not more than one -half of one percent (1/2 of 1%) for
772	751		purposes of administering the fund;
773	752		22. 19. Recognize that the Director of the Oklahoma Department
774	753		of Corrections shall be the administrative autho rity for the schools
775	754		which are maintained in the state reformatories and shall appoint
776	755		the principals and teachers in such schools. Provided, that rules
777	756		of the State Board of Education for the classification, inspection
778	757		and accreditation of public schools shall be applicable to such
779	758		schools; and such schools shall comply with standa rds set by the
780	759		State Board of Education; and
781	760		23. 20. Have authority to administer a revolving fund which is
782	761		hereby created in the State Treasury, to be designated the
	762	+	Statistical Services Revolving Fund. The fund sh all consist of all
	763	+	monies received from the various school districts of the state, the
	764	+	United States Government, and other sources for the purpose of
	765	+	furnishing or financing statistical services and for any other
	766	+	purpose as designated by the Legislature. The State Board of
783	767
784		-	HB3432 HFLR Page 16
785		-	BOLD FACE denotes Committee Amendments. 1
	768	+	Req. No. 9065 Page 16 1
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808	791		24
809	792
810		-	Statistical Services Revolving Fund. The fund sh all consist of all
811		-	monies received from the various school districts of the state, the
812		-	United States Government, and other sources for the purpose of
813		-	furnishing or financing statistical services and for any other
814		-	purpose as designated by the Legislature. The State Board of
815	793		Education is hereby authorized to enter into agreements with school
816	794		districts, municipalities, the United States Government, foundations
817	795		and other agencies or individuals for services, programs or research
818	796		projects. The Statistical Serv ices Revolving Fund shall be
819	797		administered in accordance with Section 155 of Title 62 of the
820	798		Oklahoma Statutes.
821	799		B. 1. The redbud school grants shall be determined by the
822	800		State Department of Education as follows:
823	801		a. divide the county four-mill levy revenue by four to
824	802		determine the nonchargeabl e county four-mill revenue
825	803		for each school district,
826	804		b. determine the amount of new revenue generated by the
827	805		five-mill building fund levy as authorized by Section
828	806		10 of Article X of the Oklahoma Constitution for each
829	807		school district as reported in the Okla homa Cost
830	808		Accounting System for the preceding fiscal year,
831	809		c. add the amounts calculated in subparagraphs a and b of
832	810		this paragraph to determine the nonchargeable millage
833	811		for each school district,
	812	+	d. add the nonchargeable millage in each district
	813	+	statewide as calculated in subparagraph c of this
	814	+	paragraph and divide the total by the average daily
	815	+	membership in public schools statewide based on the
	816	+	preceding school year 's average daily membership,
834	817
835		-	HB3432 HFLR Page 17
836		-	BOLD FACE denotes Committee Amendments. 1
	818	+	Req. No. 9065 Page 17 1
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839	821		4
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847	829		12
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859	841		24
860	842
861		-	d. add the nonchargeable millage in each district
862		-	statewide as calculated in subparagraph c of this
863		-	paragraph and divide the total by the average daily
864		-	membership in public schools sta tewide based on the
865		-	preceding school year 's average daily membership,
866	843		according to the provis ions of Section 18-107 of this
867	844		title. This amount is the statewide nonchargeable
868	845		millage per student, known as the baseline local
869	846		funding per student,
870	847		e. all eligible charter schools shall be included in
871	848		these calculations as unique school districts,
872	849		separate from the school district that may sponsor the
873	850		eligible charter school, and the total number of
874	851		districts shall be used to determine the statewide
875	852		average baseline local funding per student,
876	853		f. for each school district or eligible charter school
877	854		which is below the baseline local funding pe r student,
878	855		the Department shall subtract the baseline local
879	856		funding per student from the average nonchargeable
880	857		millage per student of the school district or eligible
881	858		charter school to determine the nonchargeable millag e
882	859		per student shortfall for each distr ict, and
883	860		g. the nonchargeable millage per student shortfall for a
884	861		school district or eligible charter school shall be
	862	+	multiplied by the average daily membership of the
	863	+	preceding school year of the eligible school distr ict
	864	+	or eligible charter school. This amount shall be the
	865	+	redbud school grant amount for the school district or
	866	+	eligible charter school.
885	867
886		-	HB3432 HFLR Page 18
887		-	BOLD FACE denotes Committee Amendments. 1
	868	+	Req. No. 9065 Page 18 1
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911	892
912		-	multiplied by the average daily membership of the
913		-	preceding school year of the eligible school distr ict
914		-	or eligible charter school. This amount shall be the
915		-	redbud school grant amount for the school district or
916		-	eligible charter school.
917	893		2. For fiscal year 2022, monies for the redbud school grants
918	894		shall be expended from the funds apportioned pursuant to Section 2
919	895		426 of this act Title 63 of the Oklahoma Statutes . For fiscal year
920	896		2023 and each subsequent fiscal year, monies for the redbud school
921	897		grants shall be appropriated pursuant to Section 2 426 of this act
922	898		Title 63 of the Oklahoma Statutes, not to exceed three-fourths (3/4)
923	899		of the tax collected in the preceding fiscal year pursuant to
924	900		Section 426 of Title 63 of the Oklahoma Statutes as determined by
925	901		the Oklahoma Tax Commission. For fiscal year 2023 and each
926	902		subsequent fiscal year, if such appropriated funds are insufficient
927	903		to fund the redbud school grants, then an additional apportionment
928	904		of funds shall be made from sales tax collections as provided by
929	905		subsection D of Section 3 1353 of this act Title 68 of the Oklahoma
930	906		Statutes. If both funds are ins ufficient, the Department shall
931	907		promulgate rules to permit a decrease to the baseline local funding
932	908		per student to the highest amount allowed with the f unding
933	909		available.
934	910		3. As used in this section, "eligible charter school" shall
935	911		mean a charter school whi ch is sponsored pursuant to the provisions
	912	+	of the Oklahoma Charter School Act. Provided, however, "eligible
	913	+	charter school" shall not include a charter school sponsored by the
	914	+	Statewide Virtual Charter School Board but shall only include those
	915	+	which provide in-person or blended instruction, as provided by
936	916
937		-	HB3432 HFLR Page 19
938		-	BOLD FACE denotes Committee Amendments. 1
	917	+	Req. No. 9065 Page 19 1
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943	922		6
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961	940		24
962	941
963		-	of the Oklahoma Charter School Act. Provided, however, "eligible
964		-	charter school" shall not include a charter school sponsored by the
965		-	Statewide Virtual Charter School Board but shall only include those
966		-	which provide in-person or blended instruction, as provided by
967	942		Section 1-111 of this title, to not less than two -thirds (2/3) of
968	943		students as the primary means of i nstructional service delivery.
969	944		4. The Department shall develop a program to acknowledge the
970	945		redbud school grant recipients and shall include elected members of
971	946		the Oklahoma House of Representatives and Oklahoma State Senate who
972	947		represent the school distri cts and eligible charter schools.
973	948		5. The Department shall crea te a dedicated page on its website
974	949		listing annual redbud school grant recipients, amount awarded to
975	950		each recipient and other pertinent information about the Redbud
976	951		School Funding Act.
977	952		6. The Department shall provide the Chair of the House
978	953		Appropriations and Budget Committee and the Chair of the Senate
979	954		Appropriations Committee no later than February 1 of each year with
980	955		an estimate of the upcoming year 's redbud school grant allocation as
981	956		prescribed by this section.
982	957		SECTION 4. REPEALER 70 O.S. 2021, Section 3-119, is
983	958		hereby repealed.
984	959		SECTION 5. This act shall become effective November 1, 2022.
985	960
986		-	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/01/2022
987		-	- DO PASS, As Coauthored.
	961	+	58-2-9065 JL 01/07/22