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ENGROSSED HOUSE
BILL NO. 4465 By: Wallace and Martinez of the
House
and
Thompson and Hall of the
Senate
An Act relating to education; specifying
apportionment of certain appropriated funds;
providing for the budgeting of funds in certain
categories and amounts; requiring development of
certain performance me asures; requiring transfers of
certain funds; limiting authority to reduce certain
apportionments; requiring certain funds to be
expended for certain purposes; stating purposes for
allocated funds; requiring certain transfer of funds;
stating legislative inten t regarding expenditures for
direct costs; prohibiting the State Department of
Education from contracting for certain administrative
costs in certain program; providing for dut ies and
compensation of employees of the Stat e Department of
Education; requiring the reduction or withholding of
State Aid funds for certain purposes; authorizing the
State Board of Education to request transfer of
certain funds; authorizing the request o f early
allocations for certain funds; requir ing proportional
reductions of allocations under certain conditions;
authorizing exemption from budgetary limits for
unanticipated federal funds; providing procedures;
requiring approval of exemption request und er certain
conditions; requiring budgeting of certain funds in
certain years; providing lapse dates; requiring
certain budgeting procedures; and prohibiting certain
budgeting procedures.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. For the fiscal year ending June 30, 2023, the
support of public scho ol activities by the State Board of Education
payable from monies appropriated and authorized by Enrolled Senate
Bill No. 1040 of the 2nd Session of the 58th Oklahoma Legislature
shall be apportioned as follows :
1. Funds appropriated and auth orized by Sections 1 through 7 of
Enrolled Senate Bill No. 1040 of the 2nd Session of the 58th
Oklahoma Legislature:
Local and State-supported Financial
Support of Public Scho ols $2,437,246,699.00
SUBTOTAL, PARAGRAPH 1 $2,437,246,699.00
2. Funds appropriated by Sections 8 through 12 of Enrolled
Senate Bill No. 1040 of the 2nd Session of the 58th Oklahoma
Legislature:
Certified Employee Health Benefit
Allowance $359,193,470.00
Support Employee Health Benefit
Allowance $194,211,359.00
Teachers' Retirement Credit $35,000,000.00
Purchase of Textbooks and
Instructional Materials $45,190,000.00
Alternative and High Challenge
Education $14,000,000.00
Education Leadership O klahoma $4,300,000.00
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Advanced Placement Incentives $1,500,000.00
Reading Sufficiency Act $13,000,000.00
Required Assessments $9,205,685.00
Teach for America $2,000,000.00
Street School $180,000.00
Ag in the Classroom $38,000.00
Imagine Math $1,000,000.00
Imagine Reading $1,000,000.00
Oklahoma Arts Institute $320,000.00
Early Intervention $16,225,341.00
Secure Schools Program $2,350,000.00
Great Expectations $500,000.00
Child ID $500,000.00
Academic Standards Implementation $300,000.00
Teacher and Leader Effectiveness $250,000.00
Student Information Security $500,000.00
ACT Work Keys $250,000.00
Early Childhood Initiative $12,000,000.00
School Lunch Matching $3,500,000.00
SUBTOTAL, PARAGRAPH 2 $716,513,855.00
3. Funds appropriated by Section 12 of Enrolled Senate Bill No.
1040 of the 2nd Session of the 58th Oklahoma Legislature :
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Administrative and Support
Functions of the State Department
of Education $19,145,366.00
SUBTOTAL, PARAGRAPH 3 $19,145,366.00
TOTAL State School Aid and Programs $3,172,905,920.00
SECTION 2. For the fiscal year ending June 30, 202 3, the State
Board of Education shall budget all funds in the following
categories and amounts:
Category Total
Payroll, Salaries or Wages, $21,532,290.00
Including Tax-sheltered Deferment
Contracts and Longevity Payme nts
Authorized by State Statutes
Professional and Personal Ser vices
Contracts $27,083,585.00
Other Operating Funds $3,215,841,664.00
Expenditure of Federal Funds $1,878,011,533.00
TOTAL $5,142,469,072.00
The agency shall develop outcome-based performance measures for
each budget category.
SECTION 3. The funds appropriat ed in Sections 13 and 14 of
Enrolled Senate Bill No. 1040 of the 2nd Session of the 58th
Oklahoma Legislature in the amount of Four Million Two Hundred
Twenty-six Thousand Seven Hundred Ninety-nine Dollars
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($4,226,799.00) shall be transferred to the School Consolidation
Assistance Fund.
SECTION 4. The funds appropriated in Sections 15 and 16 of
Enrolled Senate Bill No. 1040 of the 2nd Session of the 58th
Oklahoma Legislature in the amount of Four Million Two Hundred
Twenty-six Thousand Seven Hundred Ninety-nine Dollars
($4,226,799.00) shall be transferred to the Teachers' Retirement
System Dedicated Revenue Revolvin g Fund, and further transferred as
authorized in Section 17 of Enrolled Senate B ill No. 1040 of the 2nd
Session of the 58th Oklahoma Legislature .
SECTION 5. The funds allocated in Section 1 of this act
specifically for the purpose of funding the Teachers ' Retirement
Credit shall be transferred to the T eachers' Retirement System of
Oklahoma.
SECTION 6. If the funds allocated in Section 1 of this act
specifically for the purpose of funding the Teachers ' Retirement
Credit are insufficient to fully fund the employee co ntribution
credits provided for in Section 17-108.2 of Title 70 of the Oklahoma
Statutes as invoiced by the Teach ers' Retirement System of Oklahoma,
the Department may reduce in equal proportions funds allocated in
Section 1 of this act to Education Leader ship Oklahoma, Advanced
Placement Incentives, Reading Sufficiency Act, Teacher and Leader
Effectiveness, Alternative and High Challenge Education, Required
Assessments, Ag in the Classroom, Imagine Math, Imagine Reading, ACT
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Work Keys, Child ID, and Oklahoma Arts Institute. The total amount
of funds reduced shall not exceed the additional amount required to
fully fund the employee contribut ion credits.
SECTION 7. The funds allocated in Section 1 of this act for the
purpose of funding Edu cation Leadership Oklahoma shall be expended
as follows:
1. One Million Dollars ($1,000,000.00) shall be transferred to
the Oklahoma National Board Certification Revolving Fund created in
Section 6-204.4 of Title 70 of the Oklahoma Statutes for the purpos e
of awarding annual bonuses as directed; and
2. Three Million Three Hundred Thousand Dollars ($3,300,000.00)
shall be transferred to the Oklahoma School Psychologist, Speech-
language Pathologist, and Audiologist National Certification
Revolving Fund created in Section 6-206.1 of Title 70 of the
Oklahoma Statutes for t he purpose of awarding annual bonuses as
directed.
SECTION 8. The funds allocated in Section 1 of this act for
Advanced Placement Incentives shall be expended for the purpo se of
providing assistance for students in financial nee d, grants to
districts wanting to start new AP programs and expanding
professional development, pursuant to the provisions of Section
1210.703 of Title 70 of the Oklahoma Statutes.
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SECTION 9. The funds allocated in Section 1 of this act for the
Reading Sufficiency Act shall be expended pursuant to the provisions
of Section 1210.508A et seq. of Title 70 of the Oklahoma Statutes.
SECTION 10. The funds allocated in Sec tion 1 of this act for
Teacher and Leader Effectiveness shall be expended for the pur pose
of improving the effe ctiveness of teachers and leaders i n the public
school system through continued developmen t, pursuant to Section 6-
101.16 of Title 70 of the Okla homa Statutes.
SECTION 11. The funds allocated in Section 1 of this act for
Required Assessments shall be expended for the purpose of
administering a statewide student assessment system for grades thr ee
through twelve, pursuant to Section 1210.508 of Title 70 of the
Oklahoma Statutes.
SECTION 12. The funds allocated in Section 1 of this ac t for
Alternative and High Challenge Education shall be expended for the
purpose of operating th e statewide system of alternative educa tion
programs, as provided in Section 1210.568 of Title 70 of the
Oklahoma Statutes, and for encouraging school districts to
participate in innovative alternative education programs.
SECTION 13. The funds allocated in Section 1 of this ac t for
Early Intervention shall be transferred to the Early Intervention
Fund 250. It is the intent of the Legislature that funding
available for SoonerStart Early Intervention Services be expended
for direct services to eligible infants, toddlers , and their
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families. The State Department of Education shall not contract,
pay, or reimburse for administrative cost recovery p ersonnel,
accounting, management information system costs, and maintenance and
operations at the state or local level or indirect costs which do
not comply with the requirements of Section 13-125 of Title 70 of
the Oklahoma Statutes.
SECTION 14. The funds allocated in Section 1 of this act for
the Early Childhood Initiative shall be expended for the purpose of
funding the early childhood program pursuant to the provisions of
Section 10-105.4 of Title 70 of the Oklahoma Statutes.
SECTION 15. The funds allocated in Section 1 of this act for
the Academic Standards Implementation shall be expended fo r the
purpose of funding standards implementation pursuant to the
provisions of Section 1 1-103.6 of Title 70 of the Oklahoma Stat utes.
SECTION 16. State Aid funds shall be reduced or withheld by the
State Board of Education in an amount necessary to ensure compliance
with the provisions of this act .
SECTION 17. The State Board of Education is authorized to
request the Office of Management and Enterprise Services to transfer
appropriated funds to the appropriate dispensing fund.
SECTION 18. The State Superintendent of Public Instruction may
request through the Director of the Office of Management and
Enterprise Services the early transfer by the Oklahoma Tax
Commission of tax collections to the Education Reform Rev olving Fund
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for the purpose of early allocation to the Board's disbursing funds
to alleviate cash-flow problems.
SECTION 19. If funds appropriated in Sections 1 through 16 of
Enrolled Senate Bill No. 1040 of the 2nd Session of the 58th
Oklahoma Legislature are not su fficient to fully fund the provisions
of this act, each school district which qualifies for funds,
excluding Financial Support of Public Schools, pursuant to the
provisions of this act shall take a proportionate reduction.
SECTION 20. A. The State Superintendent of Public Instruction
may request, in the manner provided in this section, that receipt
and expenditure of unanticipated federal funds awarded after July 1,
2022, be exempt from expenditure limitations and from budgetary
limitations.
1. The Superintendent shal l make a request for exemption to the
Office of Management a nd Enterprise Services in writing and file a
revised budget work program.
2. The Superintendent shall also file copies of the request f or
exemption and budget work program revisions with the Oklahoma House
of Representatives Appropriations and Budget Commit tee Chair and the
Oklahoma State Senate Appropriations Committee Chair. The House
Appropriations and Budget Committee Chair and/or t he Senate
Appropriations Committee Chair shall notify the Office of Management
and Enterprise Services of any noncomplianc e of the request with
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legislative intent within twelve (12) calendar days of their receipt
of the exemption request.
B. The Office of Management and Enterprise Se rvices shall
approve the request for exemption unless both the Chair and Vice
Chair of the Joint Legislative Committee on Budget and Program
Oversight provide written notification to the Office of Management
and Enterprise Services within twelve (12) calen dar days of the
Committee's receipt of the exemption request that the exemption
subverts the intention and objectives of the Legislature in
establishing the original limit. The Office of Management and
Enterprise Services shal l give written notice of appr oval or
disapproval of each exemption to the agency, the Governor, the Chair
of the House Appropriations and Budget Committee and the Chair of
the Senate Appropriations Committee within eighteen (18) calendar
days of receiving the request.
SECTION 21. Appropriations made by this act, not including
appropriations made for capital outlay purposes, may be budgeted for
the fiscal year ending June 30, 2023 (hereafter FY-23) or may be
budgeted for the fiscal year end ing June 30, 2024 (hereafter FY-24).
Funds budgeted for FY-23 may be encumbered only through June 30,
2023, and must be expended by November 15, 2023. Any funds
remaining after November 15, 2023, and not budgeted for FY-24, shall
lapse to the credit of t he proper fund for the then current fiscal
year. Funds budgeted for FY-24 may be encumbered only through June
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30, 2024. Any funds remaining after November 15, 2024, shall lapse
to the credit of the proper fund for the then current fiscal year.
These appropriations may not be budgeted in both fiscal years
simultaneously. Funds budgeted in FY-23, and not required to pay
obligations for that fiscal year, may be budgeted for FY-24, after
the agency to which the funds have been appropriated has prepared
and submitted a budget work program revision removing these funds
from the FY-23 budget work program and after such revision h as been
approved by the Office of Management and Enterprise Services.
SECTION 22. The duties and compensation of emp loyees, not
otherwise prescribed by law, necessary to perform the duties imposed
upon the State Department of Education by law shall be set by the
State Board of Education.
Passed the House of Representatives the 18th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate