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Oklahoma House Bill HB3756

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3756 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (202 2)
3131
3232 HOUSE BILL 3756 By: Johns
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3737
3838 AS INTRODUCED
3939
4040 An Act relating to revenue and taxation; amending 68
4141 O.S. 2021, Section 2357.206, which relates to the
4242 Oklahoma Equal Opportunity Education Scholarship Act;
4343 modifying definition of eligible student; and
4444 providing an effective date .
4545
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5050 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 68 O.S. 2021, Section 2357.206, is
5252 amended to read as follows:
5353 Section 2357.206 A. This act shall be known and may be c ited
5454 as the "Oklahoma Equal Opportunity Educ ation Scholarship Act".
5555 B. 1. Except as provided in subsection G of this section,
5656 after August 26, 2011, there shall be allowed a credit for any
5757 taxpayer who makes a contribution to an eligible scholarship -
5858 granting organization.
5959 The credit shall be equ al to fifty percent (50%) of the total
6060 amount of contributions made during a taxable year, not to exceed
6161 One Thousand Dollars ($1,000.00) for single individuals, Two
6262 Thousand Dollars ($2,000.00) for married individu als filing jointly,
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8989 or One Hundred Thousa nd Dollars ($100,000.00) for any taxpayer w hich
9090 is a legal business entity including limited and general
9191 partnerships, corporations, subchapter S corporations and limited
9292 liability companies, plus any suspended cred its pursuant to
9393 subparagraph d of paragra ph 2 of subsection I of this section;
9494 provided, if total credits claimed pursuant to this paragraph exceed
9595 the cap amount established pursuant to paragraphs 1 and 2 of
9696 subsection E of this section, the credit shall be equal to the
9797 taxpayer's proportionate share of the cap for the taxable year, as
9898 determined pursuant to subsection I of this section.
9999 2. For any taxpayer who make s a contribution to an eligible
100100 scholarship-granting organization and makes a written commitment to
101101 contribute the same amount for an additional year, the credit for
102102 the first year and the additional year shall be equal to seventy-
103103 five percent (75%) of the total amount of the contribution made
104104 during a taxable year, not to e xceed the amounts established in
105105 paragraph 1 of this subsection for the taxable year in which the
106106 credit provided in this subsection i s claimed. The taxpayer shall
107107 provide evidence of t he written commitment to the Oklahoma Tax
108108 Commission at the time of fi ling the refund claim.
109109 3. The credits authorized pursuant to the provisions of this
110110 subsection shall be allocable to the partners, s hareholders, members
111111 or other equity owners of a taxp ayer that is authorized to be
112112 treated as a partnership for purposes of federal income tax
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139139 reporting for the tax able year for which the tax credits authori zed
140140 by this subsection are claimed on the applica ble return, together
141141 with required schedules, forms o r reports of the partners,
142142 shareholders, members or other equity owner s of the taxpayer. Tax
143143 credits which are allocated to such equity owners shall only be
144144 limited in amount for the income tax return o f a natural person or
145145 persons based upon the limitati on of the total credit amount to the
146146 entity from which the tax credits have been allocated and shall not
147147 be limited to One Thousand Dollars ($1,000.00) fo r single
148148 individuals or limited to Two Thousand D ollars ($2,000.00) for
149149 married persons filing a joint return.
150150 4. On or before December 31, 2017, and once every four (4)
151151 years thereafter, such scholarship-granting organization and
152152 educational improvement grant organization shall submit to the
153153 Oklahoma Tax Commission, the Governor, President Pro Tempore of the
154154 Senate and the Speaker of the House of Representatives an audited
155155 financial statement for the organization along with information
156156 detailing the benefits, successes or failures of the prog ram, and
157157 make publicly available on its website the financial st atement and
158158 information submitted pursuant to this paragraph.
159159 C. 1. Except as provided in subsectio n G of this section,
160160 after August 26, 201 1, there shall be allowed a credit for any
161161 taxpayer who makes a con tribution to an eligible educational
162162 improvement grant organization. Except as otherwise provided by
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189189 paragraph 2 of this subsection, the credit shall be equal to fifty
190190 percent (50%) of the total amount of contributions made during a
191191 taxable year, not to exceed One Thousand Dollars ($1,000.00) for
192192 single individuals, Two Thousand Dollars ($2,000.00) for married
193193 individuals filing jointly, or One Hundred Thousand Dollars
194194 ($100,000.00) for any taxpayer which is a legal business entity
195195 including limited and ge neral partnerships, corporations, subchapte r
196196 S corporations and limited liability companies , plus any suspended
197197 credits pursuant to subparagraph d of paragraph 2 of subsection I of
198198 this section; provided, if total credits claimed pu rsuant to this
199199 paragraph exceed the cap amount established pursuant to paragraphs 3
200200 and 4 of subsection E of this section, the credit shall be equal to
201201 the taxpayer's proportionate share of the cap for the taxable year,
202202 as determined pursuant to subsection I of this section.
203203 2. For any taxpayer who makes a contribution to an eligible
204204 educational improvement gran t organization and makes a written
205205 commitment to contribute the same amount for an additional year, the
206206 credit for the first year and the additional year shall be equal to
207207 seventy-five percent (75%) of the total amount of the contribution
208208 made during a taxable year, not to exceed the cap amount established
209209 in paragraphs 3 and 4 of subsection E of this section for the
210210 taxable year in which the credit provided in this paragraph is
211211 claimed; provided, if total credits c laimed pursuant to this
212212 paragraph exceed the cap established pursuant to paragraphs 3 and 4
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239239 of subsection E of this section, the credit shall be equal to the
240240 taxpayer's proportionate share of the cap for the taxable year, as
241241 determined pursuant to subsection I of this section. The taxpayer
242242 shall provide evidence of the written commitment to the Oklahoma Tax
243243 Commission at the time of filing the ref und claim.
244244 3. The credits authorized pursuant to the provisions of this
245245 subsection shall be allocable to the partn ers, shareholders, members
246246 or other equity owners of a taxpayer that is authorized to be
247247 treated as a partnership for purposes of federal inc ome tax
248248 reporting for the taxable yea r for which the tax credits authorized
249249 by this subsection are claimed on the a pplicable return, together
250250 with required schedules, forms or reports of the partners,
251251 shareholders, member s or other equity owners of the tax payer. Tax
252252 credits which are allocat ed to such equity owners shall only be
253253 limited in amount for the income tax re turn of a natural person or
254254 persons based upon the limitation of the total credit amount to the
255255 entity from which the tax credits have been a llocated and shall not
256256 be limited to One Thousand Dollars ($1,000.00) for single
257257 individuals or limited to Two Thousand Dollars ($2,000.00) for
258258 married persons filing a joint return.
259259 D. 1. For contributions made on or after January 1, 2022 ,
260260 there shall be allowe d a credit for any taxpayer w ho makes a
261261 contribution to an eligible public school foundation or public
262262 school district. Except as otherwise provided by paragraph 2 of
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289289 this subsection, the credit shall be equal to fifty percent (50%) of
290290 the total amount of contributions made during a taxable year, not to
291291 exceed One Thousand Dollars ($1,000.00) for single individuals, Two
292292 Thousand Dollars ($2,000.00) for married individuals filing jointly
293293 or One Hundred Thousand Dollars ($100,000.00) for any taxpayer which
294294 is a legal business entity including limited and general
295295 partnerships, corporations, subchapter S corporatio ns and limited
296296 liability companies; provided, if total credits claimed pursuant to
297297 this paragraph exceed the cap amount established pursuant to
298298 paragraph 4 of subsection E of this section, the credit shall be
299299 equal to the taxpayer's proportionate share of the cap for the
300300 taxable year, as determined pursuant to subsection I of this
301301 section.
302302 2. Except as otherwise provided by paragraph 1 of this
303303 subsection, for any taxpayer w ho makes a contribution to an eligible
304304 public school foundation or public school dis trict and makes a
305305 written commitment to contribute the same amount for an additional
306306 year, the credit for the first year and the additional year shall be
307307 equal to seventy-five percent (75%) of the total amount of the
308308 contribution made during a taxable year, not to exceed the cap
309309 amount established in paragraph 4 of subsection E of this section
310310 for the taxable year in which the credit provided in this paragraph
311311 is claimed. The tax payer shall provide evidence of the written
312312 commitment to the Oklahoma Tax Commission at the time of filing the
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339339 refund claim; provided, if total credits claimed pursuant to this
340340 paragraph exceed the cap amount established pursuant to paragraph 4
341341 of subsection E of this section, the credit shall be equal to the
342342 taxpayer's proportionate share of the cap for the taxable year, as
343343 determined pursuant to subsection I of this section.
344344 3. The credits authorized pursuant to the provisions of this
345345 subsection shall be allocable to the partners, shareholders, members
346346 or other equity owners of a taxpayer that is authorized to be
347347 treated as a partnership for purposes of federal income tax
348348 reporting for the taxable year for which the tax credits authorized
349349 by this subsection are claimed on the applicable return, together
350350 with required schedules, forms or reports of the partners,
351351 shareholders, members or other equity owners of the taxpayer. Tax
352352 credits which are allocated to such equity owners shall only be
353353 limited in amount for the income tax return of a natural person or
354354 persons based upon the limitation of the total credit amount to the
355355 entity from which the tax credits have been allocated and shall not
356356 be limited to One Thousand Dollars ( $1,000.00) for single
357357 individuals or limited to Two Thousand Dollars ($2,000.00) for
358358 married persons filing a joint return.
359359 4. On or before December 31, 2022, and once every four (4)
360360 years thereafter, such eligible public school foundation and public
361361 school district shall submit to the Oklahoma Tax Commission, the
362362 Governor, President Pro Tempore of the Senate and the Speaker of the
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389389 House of Representatives an audited financial statem ent for the
390390 organization along with information detai ling the benefits,
391391 successes or failures of the progr ams.
392392 E. Except as otherwise provided pursuant to subsection I of
393393 this section:
394394 1. The total credits authorized pursua nt to subsection B of
395395 this section for all taxp ayers for tax years 2017 through 2021 shall
396396 not exceed Three Million Five Hundred Thousand Dollars
397397 ($3,500,000.00) annually;
398398 2. The total credits authorized pursuant t o subsection B of
399399 this section for all ta xpayers for tax years 2022 and subsequent tax
400400 years shall not exceed Twenty-five Million Dollars ( $25,000,000.00)
401401 annually;
402402 3. The total credits authorized pursuant to subsection C of
403403 this section for all taxpayers for tax years 2017 through 2021 shall
404404 not exceed One Million Five Hundred Thousand Do llars ($1,500,000.00)
405405 annually;
406406 4. The total credits authorized pursuant to subsection s C and D
407407 of this section for all ta xpayers for tax year 2022 and subsequent
408408 tax years shall not exceed Twenty-five Million Dollars
409409 ($25,000,000.00) annually. In addition to the cap amount prescribed
410410 by this paragraph, the credit amount shall also be limited to Two
411411 Hundred Thousand Dollars ($200,000.00) of credits per public scho ol
412412 district annually; and
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439439 5. The cap on total credits provided for in this subsection
440440 shall be allocated by the Tax Commission as provided i n subsection I
441441 of this section.
442442 F. For credits claimed for eligible contri butions made during
443443 tax year 2014 and thereafte r, a credit shall not be allowed by the
444444 Oklahoma Tax Commission for contributio ns made to a scholarship-
445445 granting organization or an educational improvement grant
446446 organization if that organization's percentage of funds actually
447447 awarded is less than ninety p ercent (90%). For purposes of this
448448 section, the "percentage of funds actually awarded" shall be
449449 determined by dividing the total amount of funds actually awarded as
450450 educational scholarships or educational imp rovement grants over the
451451 most recent twenty-four (24) months by the total amount available to
452452 award as educational scholarship s or educational improvement grants
453453 over the most recent twenty-four (24) months.
454454 G. Any tax credits which are earned by a taxpay er pursuant to
455455 this section during the time per iod beginning August 26, 2011,
456456 through December 31, 2012, may not be claimed for any period prior
457457 to the taxable year beginning J anuary 1, 2013. No credits which
458458 accrue during the ti me period beginning August 26, 2011, through
459459 December 31, 2012, may be used to file an amended tax return for any
460460 taxable year prior to the taxable year beginning January 1, 2013.
461461 H. As used in this section:
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488488 1. "Eligible student" means a child of school age who is
489489 lawfully present in the United States and who is a member of a
490490 household in which the total annual income duri ng the preceding tax
491491 year does not exceed an amount equal to three hundred percent (300%)
492492 of the income standard used to qualify for a free or reduced-price
493493 school lunch Sixty Thousand Dollars ($60,000.00) or who, during the
494494 immediately preceding school year, attended or, by virtue of the
495495 location of such student's place of residence, was elig ible to
496496 attend a public school in thi s state which has been identified for
497497 school improvement as deter mined by the State Board of Education
498498 pursuant to the requirements of the No Child Left Behind Act o f
499499 2001, P.L. No. 107-110. Once a student has received an educational
500500 scholarship, as defin ed in paragraph 3 of this subsection, the
501501 student and any sibling s who are members of the same household shall
502502 remain eligible until they graduate from high school o r reach
503503 twenty-one (21) years of age, whichever occurs first;
504504 2. "Eligible special needs s tudent" means a child who has been
505505 provided services under an Ind ividual Family Service Plan through
506506 the SoonerStart prog ram and during transition was evaluated and
507507 determined to be eligible for school district services , a child of
508508 school age who has atten ded public school in our state with an
509509 individualized education p rogram pursuant to the Individuals With
510510 Disabilities Education Act, 20 U.S.C.A., Section 1400 et seq . or a
511511 child who has been diagnosed by a clinical prof essional as having a
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538538 significant disability that will affect learning and who has been
539539 approved by the board of a scholarship-granting organization;
540540 3. "Educational scholarships" means:
541541 a. scholarships to an eligible student of up to Five
542542 Thousand Dollars ($5,000.00) or eighty percent (80%)
543543 of the statewide annual average per -pupil expenditure
544544 as determined by the National Center for Education
545545 Statistics, U.S. Department of Education, whichever is
546546 greater, to cover all or part of the tuition, fees and
547547 transportation costs of a qualified schoo l which is
548548 accredited by the State Board of Education or an
549549 accrediting association approved by the Board pursuant
550550 to Section 3-104 of Title 70 of the Oklahoma Statu tes,
551551 b. scholarships to an eligible student of up to F ive
552552 Thousand Dollars ($5,000.00) or e ighty percent (80%)
553553 of the statewide annual average per -pupil expenditure
554554 as determined by the National Center for Educat ion
555555 Statistics, U.S. Department of Education , whichever is
556556 greater, to cover the educational costs of a qualified
557557 school which does not charge tuition, which enrolls
558558 special populations of students an d which is
559559 accredited by the State Board of Education or an
560560 accrediting association approved by the Board pursuant
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587587 to Section 3-104 of Title 70 of the Okl ahoma Statutes,
588588 or
589589 c. scholarships to an eligible special needs student of
590590 up to Twenty-five Thousand Dollars ($25,000.00) to
591591 cover all or part of the tuition , fees and
592592 transportation costs of a qualifi ed school for
593593 eligible special needs students which is accredited by
594594 the State Board of Edu cation or an accrediting
595595 association approved by the Board pursu ant to Section
596596 3-104 of Title 70 of the Oklahoma Statutes ;
597597 4. "Low-income eligible student " means an eligible student or
598598 eligible special needs student who qualifies for a free or reduced-
599599 price lunch;
600600 5. "Qualified school" means an early childhood, ele mentary or
601601 secondary private school in this state including schools which
602602 provide special educational programs for three-year-olds or
603603 prekindergarten educat ional programs for four-year-olds, which:
604604 a. is accredited by the State Board of Education or an
605605 accrediting association approved by the Board pursuant
606606 to Section 3-104 of Title 70 of the Oklahoma Statu tes,
607607 b. is in compliance with all applicable health an d safety
608608 laws and codes,
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635635 c. has a stated policy against discrimination in
636636 admissions on the basis of race, color, national
637637 origin or disability, and
638638 d. ensures academic accountability to parents and
639639 guardians of students through regular progress
640640 reports;
641641 6. "Qualified school for eligible spe cial needs students" means
642642 an early childhood, elementary or secondary private school in a
643643 county in this state including schools which provide special
644644 educational programs for three-year-olds or prekindergarten
645645 educational programs for four-year-olds;
646646 7. "Scholarship-granting organization " means an organizatio n
647647 which:
648648 a. is a nonprofit entity exempt from taxation pursuant to
649649 the provisions of the Internal Revenue C ode, 26
650650 U.S.C., Section 501(c)(3),
651651 b. distributes periodic scholarship payments as checks
652652 made out to an eligible student 's or eligible special
653653 needs student's parent or guardian and mailed to the
654654 qualified school where the student is enrolled,
655655 c. spends no more than ten percent (10%) of its annual
656656 revenue on expenditures other than educational
657657 scholarships as defined in paragraph 3 of this
658658 subsection,
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685685 d. spends each year a portion of its expenditures on
686686 educational scholarships for low-income eligible
687687 students, as defined in paragraph 4 of this
688688 subsection, in an amount equal to or greater than t he
689689 percentage of low-income eligible students in the
690690 state,
691691 e. ensures that scholarships are portable during the
692692 school year and can be used at any qualified school
693693 that accepts the eligible student or at any qualified
694694 school for special needs students tha t accepts the
695695 eligible special needs student,
696696 f. registers with the Oklahoma Tax Commission as a
697697 scholarship-granting organization, and
698698 g. has policies in place to:
699699 (1) carry out criminal background checks on all
700700 employees and board members to ensure that no
701701 individual is involved with the organization wh o
702702 might reasonably pose a risk to the appropriate
703703 use of contributed fu nds, and
704704 (2) maintain full and accurate reco rds with respect
705705 to the receipt of contributions and e xpenditures
706706 of those contributions an d supply such records
707707 and any other documentation required by the Tax
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734734 Commission to demonstrate financial
735735 accountability;
736736 8. "Annual revenue" means the total amount or value of
737737 contributions received by an organization from taxpayers awarded
738738 credits during the organization's fiscal year and all amounts earned
739739 from interest or investments;
740740 9. "Public school" means public schools as defined in Section
741741 1-106 of Title 70 of the Oklahoma Statutes;
742742 10. "Eligible public school district" means any public school ;
743743 11. "Early childhood education program " means a special
744744 educational program for eligible special needs students who are
745745 three (3) years of age or a prekindergarten educational program
746746 provided to children who are at least four (4) years of age but not
747747 more than five (5) years of age on or before Se ptember 1;
748748 12. "Innovative educational program" means an advanced academic
749749 or academic improvement program that is not part of the regular
750750 coursework of a public school but that enhances the curriculum or
751751 academic program of the school or provides early childhood education
752752 programs to students;
753753 13. "Educational improvement grant" means a grant to an
754754 eligible public school to implement an innovativ e educational
755755 program for students including the ability for multiple public
756756 schools to make an application and be awarded a grant to jointly
757757 provide an innovative educational program;
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784784 14. "Educational improvement grant organization " means an
785785 organization which:
786786 a. is a nonprofit entity exempt from taxation pursuant to
787787 the provisions of the Internal Revenue Code, 26
788788 U.S.C., Section 501(c)(3), and
789789 b. contributes at least ninety percent (90%) of its
790790 annual receipts as grants to eligibl e schools for
791791 innovative educational programs. For purposes of this
792792 subparagraph, an educational improvement grant
793793 organization contributes its annual cash receipts when
794794 it expends or otherwise irrevocably encumbers those
795795 funds for expenditure during the then current fiscal
796796 year of the organization or during the next succeeding
797797 fiscal year of the organization; and
798798 15. "Eligible public school foundation" means a nonprofit
799799 entity formed pursuant to the laws of this state and is exempt from
800800 federal income taxation pursuant to either Section 501(c)(3) or
801801 Section 509(a) of the Internal Revenue Co de of 1986, as amended.
802802 Each public school foundation must be approved by the local board of
803803 education prior to accepting qualifying donat ions.
804804 I. Total credits authorized by this section shall be allocated
805805 as follows:
806806 1. By January 10 of the year immed iately following each
807807 calendar year, a scholarship-granting organization, an educational
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834834 improvement grant organization, an eligible public sch ool foundation
835835 or public school district which accepts contributions pursuant to
836836 this section shall provide electronically to the Tax Commission
837837 information on each contribution accepted during such taxable year.
838838 At least once each taxable y ear, the entity making the report shall
839839 notify each contributor that Oklahoma law provides for a total,
840840 statewide cap on the amount of i ncome tax credits allowed annually;
841841 2. a. If the Tax Commission determines the total combined
842842 credits claimed for contributions made to schola rship-
843843 granting organizations during the mo st recently
844844 completed calendar year by all taxpayers are in excess
845845 of the statewide cap amount provided in paragraphs 1
846846 and 2 of subsection E of this section, the Tax
847847 Commission shall first alloc ate any amount of credits
848848 not claimed for contributions made to organizations
849849 authorized pursuant to subsections C and D of this
850850 section, then shall determi ne the percentage of the
851851 contribution which establishes the proportionate share
852852 of the credit which may be clai med by any taxpayer so
853853 that the total maximum credits authorized by th is
854854 section are not exceeded.
855855 b. If the Tax Commission determines the total combined
856856 credits claimed for contributions made to
857857 organizations authorized pursuant to subsections C and
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884884 D of this section during the most recently completed
885885 calendar year by all taxpayers are in excess of the
886886 statewide cap amount provided in paragraphs 3 and 4 of
887887 subsection E of this section, the Tax Commission shall
888888 first allocate any amount of credits not claimed for
889889 contributions made to scholarship-granting
890890 organizations, then shall determine the percentage of
891891 the contribution which establishes the proportionate
892892 share of the credit which may be claimed by any
893893 taxpayer so that the maximum credits authorized by
894894 this section are not exceeded.
895895 c. If the Tax Commission deter mines the total combined
896896 credits claimed for contributions made to
897897 organizations authorized pursuant to subsections C and
898898 D of this section during the most recently completed
899899 calendar year by all taxpayers are in exc ess of the
900900 per public school district cap pursuant to paragraph 4
901901 of subsection E of this section, the Tax Commission
902902 shall first allocate any amount of credits not claimed
903903 for contributions made to other organizations
904904 authorized pursuant to subsections C and D of this
905905 section, then shall determi ne the percentage of the
906906 contribution which establishes the proportionate share
907907 of the credit which may be claimed by any ta xpayer so
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934934 that the maximum credits authorized by this section
935935 are not exceeded.
936936 d. Beginning for tax year 2016, credits earned, but not
937937 allowed due to the application o f statewide caps
938938 provided in subsection E of this section will be
939939 considered suspended a nd authorized to be used in the
940940 next immediate tax year and applied to the next year 's
941941 statewide cap; and
942942 3. The Tax Commission s hall publish the percentage of the
943943 contribution which may be claimed as a credit by contributors for
944944 the most recently complet ed calendar year on the Tax Commission
945945 website no later than February 15 of each calendar year for
946946 contributions made the previous year. Each organization authorized
947947 pursuant to subsections B, C and D of this section shall notify
948948 contributors of that amount annually.
949949 J. No tax credits authorized by this section shall be used to
950950 reduce the tax liability of the taxpayer to less than zero (0).
951951 K. Any credits authorized by this section allowed but not used
952952 in any tax year may be carried over, in order, to ea ch of the three
953953 (3) years following the year of qualification.
954954 L. 1. In order to qualify under this section, each
955955 organization authorized pursuant to subsections C and D of this
956956 section shall submit an appl ication with information to the Oklahoma
957957 Tax Commission on a form prescribed by the Tax Commission that:
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984984 a. enables the Tax Commission to confi rm that the
985985 organization is a nonprofit enti ty exempt from
986986 taxation pursuant to the provisions of the Internal
987987 Revenue Code, 26 U.S.C., Section 501(c)(3) or Section
988988 509(a), and
989989 b. describes the proposed innovative educational program
990990 or programs supported by the organization.
991991 2. The Tax Commission shall review and approve or disapprove
992992 the application, in consultation with the State Department of
993993 Education.
994994 3. In order to maintain eligibility under this section, an
995995 organization authorized pursuant to subsections C and D of this
996996 section shall annually report the following information to the Tax
997997 Commission and publish on its website by September 1 of each year:
998998 a. the name of the innovative educational program or
999999 programs and the total amou nt of the grant or grants
10001000 made to those programs during the immediately
10011001 preceding school year,
10021002 b. a description of how each grant was utilized during
10031003 the immediately preceding sch ool year and a
10041004 description of any demonstrated or expected innovative
10051005 educational improvements,
10061006 c. the names of the public school and school districts
10071007 where innovative educational programs t hat received
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10341034 grants during the immediatel y preceding school year
10351035 were implemented,
10361036 d. where the organization collects information on a
10371037 county-by-county basis, and
10381038 e. the total number and total amount of grants made
10391039 during the immediately preceding school y ear for
10401040 innovative educational programs a t public school by
10411041 each county in which the organization made grants.
10421042 4. The information required und er paragraph 3 of this
10431043 subsection shall be submitted on a form provided by the Tax
10441044 Commission. No later than May 1 of each year, the Tax Commission
10451045 shall annually distribute s ample forms together with the forms on
10461046 which the reports are required to be made to each approved
10471047 organization.
10481048 5. The Tax Commission shall not require any other information
10491049 be provided by an organization, except as expressly authori zed in
10501050 this section.
10511051 M. 1. Beginning in 2023 for the 2022-2023 academic year, in
10521052 order to maintain registration, a scholarship-granting organization
10531053 shall annually report to the Tax Commission by September 1 of ea ch
10541054 year the following information regardi ng the educational
10551055 scholarships funded by the organization in the previous academic
10561056 year:
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10831083 a. the name and address of the scholarship-granting
10841084 organization,
10851085 b. the names of the qualifying schools that received
10861086 funding for educational scholarships, the total amount
10871087 of funds paid to each qualifying school and the total
10881088 number of scholarship recipients enrolle d in each
10891089 qualifying school,
10901090 c. the total number and total dollar amount of
10911091 contributions received during the pre vious academic
10921092 year,
10931093 d. the total number and total dollar amount of
10941094 educational scholarships awarded and funded during the
10951095 previous academic ye ar,
10961096 e. the total number, total dollar amount and percentage
10971097 of educational scholarships awarded and funded during
10981098 the previous academic year disaggregated into the
10991099 following categories:
11001100 (1) low-income eligible students,
11011101 (2) students who during the immediat ely preceding
11021102 school year attended or who were eligible by
11031103 virtue of the residence of the student to attend
11041104 a public school in the state which was identif ied
11051105 for school improvement by the State Board of
11061106 Education,
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11331133 (3) eligible special needs students, and
11341134 (4) students who were first-time recipients of a
11351135 scholarship including information about the type
11361136 of public or private school the student was
11371137 enrolled in during the entire previous academic
11381138 year,
11391139 f. the percentage of annual revenue received by the
11401140 organization from donations which qualify for tax
11411141 credits pursuant to this section which was not
11421142 expended on scholarsh ips,
11431143 g. disaggregated data reported under this subsection
11441144 shall be redacted if reporting would allow for
11451145 identification of specific children, a nd shall be
11461146 reported in accordance with the Student Data
11471147 Accessibility, Transparency and Accountability Act of
11481148 2013, division b of subparagraph 2 of subse ction C of
11491149 Section 3-168 of Title 70 of the Oklahoma Statutes,
11501150 and the Family Educational Rights and P rivacy Act of
11511151 1974 (FERPA), 20 U.S.C., Section 1232g , and
11521152 h. the percentage of the total amount of education
11531153 scholarship expenditures spent on low -income eligible
11541154 students.
11551155 2. The Tax Commission shall make available on its website:
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11821182 a. the information submitted by the scho larship-granting
11831183 organization pursuant to pa ragraph 1 of this
11841184 subsection,
11851185 b. a list of participating schools, and
11861186 c. all other application infor mation submitted to the Tax
11871187 Commission by a scholarship-granting organization ,
11881188 except that information which wou ld violate the
11891189 privacy of an individual.
11901190 3. A scholarship-granting organization shall an nually submit
11911191 verification to the Tax Commission that the organization still meets
11921192 the criteria set forth in paragraph 7 of subsecti on H of this
11931193 section.
11941194 N. Contributions made pursuant to subsections B, C and D of
11951195 this act shall not be used by the Legis lature to reduce the amount
11961196 appropriated for the f inancial support of public schools.
11971197 O. In consultation with the State Department of Educa tion, the
11981198 Tax Commission shall promulgate rules necessary to implement this
11991199 act. The rules shall include proc edures for the registration of a
12001200 scholarship-granting organization, an educational improvement grant
12011201 organization, a public school foundation or public school district
12021202 for purposes of determining if the organization meets the
12031203 requirements of this act or for the revocation of the registration
12041204 of an organization, if applicable, and for notice as required in
12051205 subsection I of this section.
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12321232 SECTION 2. This act shall become effective November 1, 2022.
12331233
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