| 40 | | - | |
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| 41 | | - | [ membership of the State Board of Educatio n - |
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| 42 | | - | effective date - |
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| 43 | | - | emergency ] |
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| 65 | + | An Act relating to the State Board of Education; |
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| 66 | + | amending 70 O.S. 2011, Sectio n 3-101, which relates |
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| 67 | + | to membership of the State B oard of Education; |
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| 68 | + | removing language directing that members serve at the |
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| 69 | + | pleasure of the Governor; allowing the Governor to |
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| 70 | + | remove a member for cause; providing an effective |
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| 71 | + | date; and declaring an emergenc y. |
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| 44 | 72 | | |
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| 45 | 73 | | |
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| 46 | 74 | | |
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| 47 | 75 | | |
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| 48 | 76 | | |
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| 49 | 77 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 50 | 78 | | SECTION 1. AMENDATORY 70 O.S. 2011, Section 3 -101, is |
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| 51 | 79 | | amended to read as follows: |
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| 52 | 80 | | Section 3-101. A. The State Board of Ed ucation shall consist |
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| 53 | 81 | | of seven (7) members. The State Superintendent of Public |
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| 54 | 82 | | Instruction shall be a member and the chairperson of the Board. The |
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| 55 | 83 | | remaining six members shall be appointed by the Governor by and with |
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| 56 | 84 | | the advice and consent of the Senate. Except as otherwise provided |
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| 57 | 85 | | for in subsection B of this section, upon assuming office each |
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| 58 | 86 | | Governor shall appoint one member from each congressional district |
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| 59 | 87 | | and one member from the state at large. Each appointment shall be |
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| 60 | 88 | | made to take effect on April 2. The term of each appointed member |
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| 90 | 142 | | members shall serve at the pleasure of the Governor for cause as |
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| 91 | 143 | | provided for in subs ection D of this section. Upon the occurrence |
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| 92 | 144 | | of a vacancy the same shall be filled by the Governor, subject to |
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| 93 | 145 | | confirmation by the Senate at the next session of the Legislature. |
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| 94 | 146 | | The appointment to fill a vacancy shall be made for the unexpired |
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| 95 | 147 | | term. |
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| 96 | 148 | | B. On the effective date of this act, a ll appointed positions |
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| 97 | 149 | | of the current State Board o f Education shall be deemed vacant and |
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| 98 | 150 | | the terms of persons serving on the Board shall be deemed |
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| 99 | 151 | | terminated. The Governor shall make initial appointments pursuant |
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| 100 | 152 | | to the provisions of this subsection with in thirty (30) days of the |
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| 101 | 153 | | effective date of this a ct, with one member appointed from each |
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| 102 | 154 | | congressional district and one member appointed from the state at |
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| 103 | 155 | | large. The appointments shall be subject to confirmation by t he |
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| 104 | 156 | | Senate at the next session of the Legislature. The terms for |
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| 105 | 157 | | members appointed pursu ant to this subsection shall terminate on |
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| 106 | 158 | | April 2, 2015. Thereafter, members shall be appointed as provided |
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| 107 | 159 | | for in subsection A of this section. |
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| 108 | 160 | | C. No person shall be eligible to be appointed to serve on the |
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| 109 | 161 | | State Board unless the person has been awarded a high school diploma |
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| 110 | 162 | | or certificate of high school equivalency. Any member appointed to |
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| 111 | 163 | | the State Board shall complete the workshop requirements of a new |
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| 141 | 217 | | member. Notwithstanding any provision of law to the contrary, the |
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| 142 | 218 | | State Department of Education shall not charge any member of the |
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| 143 | 219 | | State Board of Education a fee for any workshop provided by the |
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| 144 | 220 | | Department for board memb ers pursuant to Section 5 -110 of this title |
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| 145 | 221 | | and shall not pay a fee to any organization or institution of higher |
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| 146 | 222 | | education on behalf of a member of the State Board of E ducation, or |
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| 147 | 223 | | reimburse any member of the Board for a fee paid to any organization |
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| 148 | 224 | | or institution of higher education, for attendance at a workshop or |
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| 149 | 225 | | courses to satisfy the requirements of Section 5 -110 of this title. |
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| 150 | 226 | | D. The Governor may remove an appoint ed member for cause which |
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| 151 | 227 | | shall include but not be limited to: |
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| 152 | 228 | | 1. Being found guilty by a court of competent jurisdiction of a |
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| 153 | 229 | | felony or any offense involving moral turpitude; |
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| 154 | 230 | | 2. Being found guilty of malfeasance, misfeasance or |
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| 155 | 231 | | nonfeasance in relation t o Board duties; |
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| 156 | 232 | | 3. Being found menta lly incompetent by a court of competent |
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| 157 | 233 | | jurisdiction; or |
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| 158 | 234 | | 4. Failing to attend three successive meetings o f the Board |
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| 159 | 235 | | without just cause, as determined by the Governor. |
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| 160 | 236 | | E. Members of the Board shall receive necessary traveling |
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| 161 | 237 | | expenses while in the perfor mance of their duties in accordance with |
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| 162 | 238 | | the State Travel Reimbursement Act. |
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