Req. No. 1075 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 157 By: Dossett (J.J.) AS INTRODUCED An Act relating to the State Board of Education; amending 70 O.S. 2011, Sectio n 3-101, which relates to membership of the State B oard of Education; removing language directing that members serve at the pleasure of the Governor; allowing the Governor to remove a member for cause; providing an effective date; and declaring an emergenc y. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2011, Section 3 -101, is amended to read as follows: Section 3-101. A. The State Board of Ed ucation 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 Req. No. 1075 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be four (4) years. Appointed members shall serve until a successor is appointed. Appointed The Governor may remove appointed members shall serve at the pleasure of the Governor for cause as provided for in subs ection D of this section. 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. B. On the effective date of this act, a ll appointed positions of the current State Board o f 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 with in thirty (30) days of the effective date of this a ct, 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 t he Senate at the next session of the Legislature. The terms for members appointed pursu ant to this subsection shall terminate on April 2, 2015. Thereafter, members shall be appointed as provided for in subsection A of this section. 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 Req. No. 1075 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school board member pursuant to Section 5 -110 of this title within thirteen (13) months following o r 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 memb ers 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 E ducation, 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. D. The Governor may remove an appoint ed member for cause which shall include but not be limited to: 1. Being found guilty by a court of competent jurisdiction of a felony or any offense involving moral turpitude; 2. Being found guilty of malfeasance, misfeasance or nonfeasance in relation t o Board duties; 3. Being found menta lly incompetent by a court of competent jurisdiction; or 4. Failing to attend three successive meetings o f the Board without just cause, as determined by the Governor. E. Members of the Board shall receive necessary traveling expenses while in the perfor mance of their duties in accordance with the State Travel Reimbursement Act. Req. No. 1075 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. This act shall become effective July 1, 2021. SECTION 3. It being immediately necessary for the p reservation of the public peace, heal th or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and approval . 58-1-1075 EB 12/17/2020 12:39:16 PM