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ENGROSSED SENATE
BILL NO. 1624 By: Pugh of the Senate
and
Kerbs of the House
An Act relating to school meal programs; designating
the Board of Agriculture as t he State Educational
Agency for purposes of the N ational School Lunch Act;
authorizing the Board to accept certain terms of the
act; granting the Board authority to administe r the
National School Lunch Act, employ persons, and incur
expenses; directing the Board to distribute state
matching funds; grantin g the Board authority to
supervise the school lunch program; allowing the
Board to sponsor workshops and distribute material s;
creating the School Lunch Workshop Revo lving Fund;
specifying source of funds; providing for
expenditures; requiring the Board to appor tion
certain funds to school districts for certain
purposes; specifying authority of the Board over
certain federal child nutrition programs;
transferring the Child Nutrition Programs Division of
the State Department of Education to the Oklahoma
Department of Agriculture, Food , and Forestry;
specifying powers, duties , and responsibilities to be
exercised by the Oklahoma Department of Agriculture,
Food, and Forestry; providing for the transfer of
personnel; stating intent that employees retain
certain pay and benefits; clarifying the authority of
the State Board of Education to supervise school
lunch functions; amending 70 O.S. 2021, Section 3 -
104, which relates to the po wers and duties of the
State Board of Education; removing certain State
Board of Education powers related to t he National
School Lunch Program; updating statutory references;
repealing 70 O.S. 2021, Section 3-119, which relates
to apportionment of school lunch matching and program
funds; updating statutory language; providing for
codification; and providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 2-32 of Title 2, unless there is
created a duplication in numbe ring, reads as follows:
A. The Board of Agriculture shall be and i s hereby
designated as the “State Educational Agency” referred to in Public
Law 396 of the 79th Congress of the United States, which law stat es
that the act may be cited as the “National School Lunch Act”. The
Board of Agriculture is hereby authoriz ed and directed to accept the
terms and provisions of the National School Lunch Act and to enter
into any agreements, not in conflict with the Cons titution of
Oklahoma or the Constitution and Sta tutes of the United States, as
may be necessary or appropriat e to secure for this state the
benefits of the school lunch program established and referred to in
this act.
B. The Board of Agriculture shall hav e authority to secure and
administer the benefit s of the National School Lunch Act in this
state and is hereby authorized to employ or appo int and fix the
compensation of additional officers or employees and to incur any
expenses as may be necessary for th e accomplishment of that purpose.
The Board shall administer the distribution of any state funds
appropriated by the Legislature which are required as federal
matching to reimburse on child ren’s meals.
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C. The Board of Agriculture shall have general super vision of
the school lunch program as provided for in this section. The Board
of Agriculture may sponsor workshops for personnel and parti cipants
in the school lunch program and may develop , print, and distribute
free of charge or sell any materials, book s, and bulletins to be
used in school lunch prog rams.
D. There is hereby created in the State Treasury a revolving
fund for the Board of Agriculture to be designated the “School Lunch
Workshop Revolving Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consi st of all monies
received by the Board of Agriculture from all fees derived from or
on behalf of any participant in any workshop sponsored by the Board
of Agriculture or from the sale of any materials, books , and
bulletins. All monies accruing to the cred it of the fund are hereby
appropriated and may be budgeted and expended by the Board of
Agriculture for the purpose of paying for the expenses of the
workshops and for developing, printing , and distributing materials,
books, and bulletins relating to the s chool lunch program.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed b y law with the
Director of the Office of Management and Enterpris e Services for
approval and payment.
E. Funds appropriated to the Board of Agriculture for school
lunch matching and school lunch programs shall be apportioned by the
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Board of Agriculture to school districts for the purpose of
providing meals for children in compliance with the National School
Lunch Act, the Child Nutrition Act of 1966, and Public Law 91-248,
as amended or supplemented.
F. The authority granted to the Board of Agriculture pur suant
to this section shall include the authority to implement a nd
administer any federal child nu trition programs administered by the
State Board of Education prior to the effective date of this act.
The federal child nutrition programs shall include, in addition to
the National School Lunch Program, the following:
1. School Breakfast Progr am;
2. Afterschool Snack Program;
3. Summer Food Service Program;
4. Nutrition Education and Training Program;
5. Special Milk Program ;
6. Child and Adult Care Food Program; and
7. School Meals Initiative.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-119.1 of Title 70, unless
there is created a duplication in numbering, reads as foll ows:
A. As of the effective date of this act, the Child Nutrition
Programs Division of the State Department of Education including all
personnel of the Division and all property and assets belonging to
or assigned to the Division, is hereby transferred t o the Oklahoma
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Department of Agriculture, Food, and Forestry. All powers, duties,
and responsibilities of the Division relating to the administration
of child nutrition programs as set forth in Section 1 of this act
shall hereafter be exercised by the Oklahoma Department of
Agriculture, Food, and Forestry.
B. All employees of t he Child Nutrition Prog rams Division of
the State Department of Education on the effective date of this act
including related li abilities for sick leave, annual leave,
holidays, unemployment benefits, and workers’ compensation benefits
accruing to the employees prior to the effective date of this act
shall be transferred to the Oklahoma Department of Agriculture,
Food, and Forestry as of the effective date of this act. It is the
intent of the Legislature that, to the extent possible, the Oklahoma
Department of Agriculture, Food, and Forestry ensure that the
employees retain pay and benefits, as much as possible including
longevity, dependent insurance benefits, seniority, rights , and
other privileges or benefits.
C. The provisions of this section shall not prohibit or affect
the authority of the State Board of Education to provide supervision
of school lunch functions of public scho ol districts.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 3-104, is
amended to read as follows:
Section 3-104. A. The supervision of t he public school system
of Oklahoma shall be vested in the State Board of Education and,
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subject to limitations otherwise provided by law, the S tate Board of
Education shall:
1. Adopt policies and make rules for the operation of the
public school system of the state;
2. Appoint, prescribe the duties, and fix the compensation of a
secretary, an attorney , and all other personnel necessary for the
proper performance of the functions of the State Board of Education.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental bud get based upon
major functions of the Department as prepared by the State
Superintendent of Public Instruction and supported by detailed data
on needs and proposed o perations as partially determined by the
budgetary needs of local school districts filed wi th the State Board
of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump-sum form for each major item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education , and all
other functions of the Board and an amount sufficient
to adequately staff an d administer these services, and
c. the Board shall determine the details by which the
budget and the appropriations are administered.
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Annually, the Board shall make preparations t o
consolidate all of the functions of the Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
for administration shall be designated as a part of
the total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
Legislature a report for the year ending June 30 immed iately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other information concerning
enrollment, attendance, e xpenditures including State
Aid, and other pertinent data for all public schools
in this state,
b. reports from each and every division within the State
Department of Education as s ubmitted by the State
Superintendent of Public Instruction and any other
division, department, institution, or other agency
under the supervision of the Board,
c. recommendations for the improvement of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education for the pas t year, and
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e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational
interests of the state as may be deemed necessary and
desirable;
5. Provide for the formul ation and adoption of curricula,
courses of study, and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matters pertaining to the licensure and
certification of persons for instructional , supervisory, and
administrative positions and services in the public schools of the
state subject to the provisions of Section 6-184 of this title, and
shall formulate rules gover ning the issuance and revocation of
certificates for superintendents of scho ols, principals,
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers , and for other
personnel performing instructi onal, administrative, and supervisory
services, but not including members of boards of education and other
employees who do not work directly with pupils, and may charge a nd
collect reasonable fees for the issuance of such certificates:
a. the State Department of Education shall not issue a
certificate to and shall revoke the certi ficate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upon a plea of nolo contendere,
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or received a suspended sentence or any probationary
term for a crime or an attempt to commit a crime
provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitation as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Section 741, 843.1, if the offense included sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114 or 1123 of Title 21 of the Oklahoma
Statutes or who enters this state and who has been
convicted, received a suspended sentence or received a
deferred judgment for a crime or attempted crime
which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said the laws,
b. all funds collected by the State Department of
Education for the issuance of certificate s to
instructional, supervisory, and administrative
personnel in the public schools of the state shall be
deposited in the “Teachers’ Certificate Fund” in the
State Treasury and may be expended by the State Board
of Education to finance the activities of th e State
Department of Education necessary to admin ister the
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program, for consultative services, publication costs,
actual and necessary travel expenses as provided in
the State Travel Reimbursement Act incurred by persons
performing research work, and othe r expenses found
necessary by the State Board of E ducation for the
improvement of the preparati on and certification of
teachers in Oklahoma. Provided, any unobligated
balance in the Teachers’ Certificate Fund in excess of
Ten Thousand Dollars ($10,000.00) on June 30 of any
fiscal year shall be transferre d to the General
Revenue Fund of the State of Oklahoma this state.
Until July 1, 1997, the State Board of Education shall
have authority for app roval of teacher education
programs. The State Board of Education shall also
have authority for the administration of teacher
residency and professional development, subject to the
provisions of the Oklahoma Teacher Preparation Act;
7. Promulgate rules g overning the classification, inspection,
supervision, and accrediting of all public nursery, kindergarten,
elementary and secondary schools, and on-site educational serv ices
provided by public school districts or state -accredited private
schools in partial hospitalization programs, day treatment pro grams,
and day hospital programs as defined in this act for persons between
the ages of three (3) and twenty-one (21) years of age in the state.
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However, no school shall be denied accreditation solely on the bas is
of average daily attendance.
Any school district which maintain s an elementary school and
faces the necessity of relocating its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school fac ilities, shall be entitled to receive
probationary accreditation f rom the State Board of Education for a
period of five (5) years after the effective date of this act an d
any school district, otherwise qualified, shall be entitled to
receive probationary a ccreditation from the State Board of Educati on
for a period of two (2) consecutive years to attain the minimum
average daily attendance. The Head Start and public nurse ries or
kindergartens operated from Community Action Program funds shall not
be subjected to the accrediting rules of the State Boa rd of
Education. Neither will the State Board of Education make rules
affecting the operation of the public nurseries and ki ndergartens
operated from federal funds secured through Community Action
Programs even though they may be operating in the public s chools of
the state. However, any of the Head Start or public nurseries or
kindergartens operated under federal regulations may make
application for accrediting from the State Board of Education but
will be accredited only if application for the approval of the
programs is made. The status of no school district shall be changed
which will reduce it to a lower classification un til due notice has
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been given to the proper authorities thereof and an opportunity
given to correct the conditions which otherwise would be the cause
of such reduction.
Private and parochial schools may be accredited and classified
in like manner as public schools or, if an accrediting association
is approved by the State Board of Education, by procedures
established by the State Boar d of Education to acce pt accreditation
by such accrediting association, if application is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma this state to
accept, in its discretion, the provisions of any Act of Congress
appropriating or apportioning funds which are now, or may hereafter
be, provided for use in connection with any phas e of the system of
public education in Oklahoma. It shall prescribe such rules as it
finds necessary to provide for the proper dis tribution of such funds
in accordance with the state and federal laws;
9. Be and is specifically hereby designated as the ag ency of
this state to cooperate and deal with any officer, board , or
authority of the United States Government under any law of the
United States which may require or recommend cooperation with any
state board having charge of the administration of public s chools
unless otherwise provided by law;
10. Be and is hereby designated as the “State Educational
Agency” referred to in Public L aw 396 of the 79th Congress of the
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United States, which law states that said act may be cited as the
“National School Lunch A ct”, and said State Board of Education is
hereby authorized and directed to accept the terms and provisions of
said act and to ente r into such agreements, not in conflict with the
Constitution of Oklahoma or the Constitution and Statutes of the
United States, as may be necessary or appropriate to secure for the
State of Oklahoma the benefit s of the school lunch program
established and referred to in said act;
11. Have authority to secure and administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma and is her eby authorized
to employ or appoint and fix t he compensation of such additional
officers or employees and to incur such expenses as may be necessary
for the accomplishmen t of the above purpose, administer the
distribution of any state funds appropriated by the Legislature
required as federal matching to reimburse on children’s meals;
12. Accept and provide for the administration of any land,
money, buildings, gifts, donat ion, or other things of value which
may be offered or bequeathed to the schools under the supervision or
control of said the Board;
13. 11. Have authority to re quire persons having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activities of the schools in said the
districts as the Board may deem needful for the proper exercise of
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its duties and funct ions. Such authority shall include the right of
the State Board of Education to withhold all state fund s under its
control, to withhold official recognition , including accrediting,
until such required reports have been filed and ac cepted in the
office of said the Board and to revoke the certificates of persons
failing or refusing to make such reports;
14. Have general supervision of the school lunch program. The
State Board of Education may sponsor workshops for personnel and
participants in the school lunc h program and may develop, print and
distribute free of charge or sell any materials, books and bulletins
to be used in such school lunch programs. There is hereby created
in the State Treasury a revolving fund for the Board, to be
designated the School L unch Workshop Revolving Fund. The fund shall
consist of all fees derived from or on behalf of any partic ipant in
any such workshop sponsored by the State Board of Education, or from
the sale of any materials, books and bulletins , and such funds shall
be disbursed for expenses of such workshops and for developing,
printing and distributing of such materials, books and bulletins
relating to the school lunch program. The fund s hall be
administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes;
15. 12. Prescribe all forms for school district a nd county
officers to report to the State Board of Education where required.
The State Board of Education shall als o prescribe a list of
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appropriation accounts by which t he funds of school districts shall
be budgeted, accounted for, and expended; and it sh all be the duty
of the State Auditor and Inspector in prescribing all budgeting,
accounting, and reporting forms fo r school funds to conform to such
lists;
16. 13. Provide for the establishment of a uniform system of
pupil and personnel accounting, records, and reports;
17. 14. Have authority to provide for the he alth and safety of
school children and school personne l while under the jurisdiction of
school authorities;
18. 15. Provide for the supervision of the transportation of
pupils;
19. 16. Have authority, upon request of the local school board,
to act in behalf of t he public schools of the state in the purchase
of transportation equipment;
20. 17. Have authority and is hereby required to perform a ll
duties necessary to the administration of the public school system
in Oklahoma as specified in the Oklahoma School Code; a nd, in
addition thereto, those duties not specifically mentioned herein if
not delegated by law to any other agency or official;
21. 18. Administer the State Public Common School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may be appropriated or
designated by the Legislature, other th an ad valorem taxes, any
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other funds identified by the State Department of Education, which
may include, but not be limited to, grants-in-aid from the federal
government for building purposes, the proc eeds of all property that
shall fall to the state by es cheat, penalties for unlawful holding
of real estate by corporations, and capital gains on assets of the
permanent school funds, shall be deposited in the State Pu blic
Common School Building Equalization Fund. The fund shall be used to
aid school districts and charter schools in acquiring bui ldings,
subject to the limitations fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that the term
“acquiring buildings” as used in Section 32 of Article X of the
Oklahoma Constitution shall mean acquiring or improving s chool
sites, constructing, repairing, remodeling, or equipping buildings,
or acquiring school furniture, fixtures, or equipmen t. It is hereby
declared that the term “school districts” as used in Section 32 of
Article X of the Oklahoma Constit ution shall mean school districts
and eligible charter schools as defined in subsection B of this
section. The State Board of Education sh all disburse redbud school
grants annually from the State Public Common School Building
Equalization Fund to public schools and eli gible charter schools
pursuant to subsection B of this sec tion. The Board shall
promulgate rules for the implementation of d isbursing redbud school
grants pursuant to this section. The State Board of Education shall
prescribe rules for making grants of a id from, and for otherwise
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administering, the fund pursuan t to the provisions of this
paragraph, and may employ and fix the d uties and compensation of
technicians, aides, clerks, stenographers, attorneys, and other
personnel deemed necessary to carry out th e provisions of this
paragraph. The cost of administering the fund shall be paid from
monies appropriated to the State Board of Education for the
operation of the State Department of Education. From monies
apportioned to the fund, the State Department of Education may
reserve not more than one-half of one percent (1/2 of 1%) for
purposes of administering the fund;
22. 19. Recognize that the Director of the Oklahoma Department
of Corrections shall be the administrat ive authority for the schools
which are maintained in the state reformatories and shall appoint
the principals and teachers in such schools. Provided, that rules
of the State Board of Education for the classification, inspection,
and accreditation of publ ic schools shall be applicable to such
schools; and such schools shall comply with standards set by th e
State Board of Education; and
23. 20. Have authority to administer a revolving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund shall consist of all
monies received from the various sch ool districts of the state, the
United States Government, and other s ources for the purpose of
furnishing or financing statistical services and for any other
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purpose as designated by the Legislature. The State Board of
Education is hereby authorized to en ter into agreements with school
districts, municipalities, the United States Government,
foundations, and other agencies or individuals for services,
programs, or research projects. The Statistical Services Revolving
Fund shall be administered in accordance with Section 155 of Title
62 of the Oklahoma Statutes.
B. 1. The redbud school grants shall be determined by the
State Department of Education as follows:
a. divide the county four -mill levy revenue by four to
determine the nonchargeable county four -mill revenue
for each school district,
b. determine the amount of new re venue generated by the
five-mill building fund levy as authorized by Section
10 of Article X of the Oklahoma Constitution for ea ch
school district as reported in the Oklahoma Cost
Accounting System for the preceding fiscal year,
c. add the amounts calculat ed in subparagraphs a and b of
this paragraph to determine the nonchargeable millage
for each school district,
d. add the nonchargeable millage in each district
statewide as calculat ed in subparagraph c of this
paragraph and divide the total by the average daily
membership in public schools statewide based on the
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preceding school year’s average daily membership,
according to the provisions of Section 18-107 of this
title. This amount is the statewide nonchargeable
millage per student, known as the baseline local
funding per student,
e. all eligible charter schools shall be included in
these calculations as unique school districts,
separate from the school district that may sponsor th e
eligible charter school, and the total number of
districts shall be used to determine the statewide
average baseline local funding per student,
f. for each school district or eligible charter school
which is below the baseline local funding per student,
the Department shall subtract the baseline local
funding per student from the average nonchargeable
millage per student of the school district or eligible
charter school to determine the nonchargeable mi llage
per student shortfall for each district, and
g. the nonchargeable millage per student shortfall for a
school district or eligible charter school shall be
multiplied by the average daily membership of the
preceding school year of the eligible school d istrict
or eligible charter school. This amount sh all be the
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redbud school grant amount for the school district or
eligible charter school.
2. For fiscal year 2022, monies for the redbud school grants
shall be expended from the funds apportioned pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes. For
fiscal year 2023 and each subsequent fiscal year, monies for the
redbud school grants shall be appropriated pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes, not to
exceed three-fourths (3/4) of the tax colle cted in the preceding
fiscal year pursuant to Section 426 of Title 63 of the Okla homa
Statutes as determined by the Oklahoma Tax Commission. For fiscal
year 2023 and each subsequent fis cal year, if such appropriated
funds are insufficient to fund the redbud school grants, then an
additional apportionment of f unds shall be made from sales tax
collections as provided by subsection D of Section 3 1353 of this
act Title 68 of the Oklahoma Statutes. If both funds are
insufficient, the Department shall promulgate rules to permit a
decrease to the baseline local funding per st udent to the highest
amount allowed with the funding available.
3. As used in this section, “eligible charter school” shall
mean a charter school which is sponsored pursuant to the provisions
of the Oklahoma Charter School s Act. Provided, however, “eligible
charter school” shall not include a charter school sponsored by the
Statewide Virtual Charter School Board but shall only include those
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which provide in-person or blended instruction , as provided by
Section 1-111 of this title, to not less than two -thirds (2/3) of
students as the primary means of instructional service delivery.
4. The Department shall d evelop a program to acknowledge the
redbud school grant recipients and shall include elected members of
the Oklahoma House of Representatives and Oklahoma State Senate who
represent the school districts and eligible charter schools.
5. The Department shall create a dedicated page on its website
listing annual redbud sc hool grant recipients, amount awarded to
each recipient, and other pertinent information about the Redbud
School Funding Act.
6. The Department shall provide the Chair of the House
Appropriations and Budget Committee and the Chair of the Senate
Appropriations Committee no later than February 1 of each year with
an estimate of the upcoming yea r’s redbud school grant allocation as
prescribed by this section.
SECTION 4. REPEALER 70 O.S. 2021, Section 3-119, is
hereby repealed.
SECTION 5. This act shall become effective July 1, 2023.
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Passed the Senate the 15th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives