Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1624 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. B. NO. 1624 Page 1 1
	3	+	SENATE FLOOR VERSION - SB1624 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 1624 By: Pugh of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	March 2, 2022
	31	+	AS AMENDED
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31		-	and
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33		-	Kerbs of the House
	33	+	SENATE BILL NO. 1624 By: Pugh
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38		-	An Act relating to school meal programs; designating
39		-	the Board of Agriculture as t he State Educational
40		-	Agency for purposes of the N ational School Lunch Act;
41		-	authorizing the Board to accept certain terms of the
42		-	act; granting the Board authority to administe r the
43		-	National School Lunch Act, employ persons, and incur
44		-	expenses; directing the Board to distribute state
45		-	matching funds; grantin g the Board authority to
46		-	supervise the school lunch program; allowing the
47		-	Board to sponsor workshops and distribute material s;
48		-	creating the School Lunch Workshop Revo lving Fund;
49		-	specifying source of funds; providing for
50		-	expenditures; requiring the Board to appor tion
51		-	certain funds to school districts for certain
52		-	purposes; specifying authority of the Board over
53		-	certain federal child nutrition programs;
54		-	transferring the Child Nutrition Programs Division of
55		-	the State Department of Education to the Oklahoma
56		-	Department of Agriculture, Food , and Forestry;
57		-	specifying powers, duties , and responsibilities to be
58		-	exercised by the Oklahoma Department of Agriculture,
59		-	Food, and Forestry; providing for the transfer of
60		-	personnel; stating intent that employees retain
61		-	certain pay and benefits; clarifying the authority of
62		-	the State Board of Education to supervise school
63		-	lunch functions; amending 70 O.S. 2021, Section 3 -
64		-	104, which relates to the po wers and duties of the
65		-	State Board of Education; removing certain State
66		-	Board of Education powers related to t he National
67		-	School Lunch Program; updating statutory references;
68		-	repealing 70 O.S. 2021, Section 3-119, which relates
69		-	to apportionment of school lunch matching and program
70		-	funds; updating statutory language; providing for
71		-	codification; and providing an effective date.
	38	+
	39	+	[ school meal programs - Board of Agriculture - the
	40	+	National School Lunch Act - Board authority to
	41	+	administer - Board authority to supervise the school
	42	+	lunch program - repealer - codification - effective
	43	+	date -
	44	+	emergency ]
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76		-	ENGR. S. B. NO. 1624 Page 2 1
	49	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
	50	+	SECTION 1. NEW LAW A new section of law to be codi fied
	51	+	in the Oklahoma Statutes as Section 2-32 of Title 2, unless there is
	52	+	created a duplication in numbering, reads as follows:
	53	+	A. The Board of Agriculture shall be and i s hereby
	54	+	designated as the “State Educational Agency” referred to in Public
	55	+	Law 396 of the 79th Congress of the United States, which law stat es
	56	+	that the act may be cited as the “National School Lunch Act ”. The
	57	+	Board of Agriculture is hereby authoriz ed and directed to accept the
	58	+	terms and provisions of the National School Lunch Act and to enter
	59	+	into any agreements, not in conflict with the Cons titution of
	60	+	Oklahoma or the Constitution and Statutes of the United States, as
	61	+	may be necessary or appropriat e to secure for this state the
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	63	+	SENATE FLOOR VERSION - SB1624 SFLR Page 2
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101		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
102		-	SECTION 1. NEW LAW A new section of law to be codi fied
103		-	in the Oklahoma Statutes as Section 2-32 of Title 2, unless there is
104		-	created a duplication in numbe ring, reads as follows:
105		-	A. The Board of Agriculture shall be and i s hereby
106		-	designated as the “State Educational Agency” referred to in Public
107		-	Law 396 of the 79th Congress of the United States, which law stat es
108		-	that the act may be cited as the “National School Lunch Act”. The
109		-	Board of Agriculture is hereby authoriz ed and directed to accept the
110		-	terms and provisions of the National School Lunch Act and to enter
111		-	into any agreements, not in conflict with the Cons titution of
112		-	Oklahoma or the Constitution and Sta tutes of the United States, as
113		-	may be necessary or appropriat e to secure for this state the
114	89		benefits of the school lunch program established and referred to in
115	90		this act.
116	91		B. The Board of Agriculture shall hav e authority to secure and
117	92		administer the benefits of the National School Lunch Act in this
118	93		state and is hereby authorized to employ or appo int and fix the
119	94		compensation of additional officers or employees and to incur any
120	95		expenses as may be necessary for th e accomplishment of that purpose.
121	96		The Board shall administer the distribution of any state funds
122	97		appropriated by the Legislature which are required as federal
123	98		matching to reimburse on child ren’s meals.
	99	+	C. The Board of Agriculture shall have general super vision of
	100	+	the school lunch program as provided for in this section. The Board
	101	+	of Agriculture may sponsor workshops for personnel and parti cipants
	102	+	in the school lunch program and may develop , print, and distribute
	103	+	free of charge or sell any materials, book s, and bulletins to be
	104	+	used in school lunch programs.
	105	+	D. There is hereby created in the State Treasury a revolving
	106	+	fund for the Board of Agriculture to be designated the “School Lunch
	107	+	Workshop Revolving Fund”. The fund shall be a continuing fund, not
	108	+	subject to fiscal year limitations, and shall consist of all monies
	109	+	received by the Board of Agriculture from all fees derived from or
	110	+	on behalf of any participant in any workshop sponsored by the Board
	111	+	of Agriculture or from the sale of any materials, books , and
	112	+	bulletins. All monies accruing to the credit of the fund are hereby
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	114	+	SENATE FLOOR VERSION - SB1624 SFLR Page 3
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150		-	C. The Board of Agriculture shall have general super vision of
151		-	the school lunch program as provided for in this section. The Board
152		-	of Agriculture may sponsor workshops for personnel and parti cipants
153		-	in the school lunch program and may develop , print, and distribute
154		-	free of charge or sell any materials, book s, and bulletins to be
155		-	used in school lunch prog rams.
156		-	D. There is hereby created in the State Treasury a revolving
157		-	fund for the Board of Agriculture to be designated the “School Lunch
158		-	Workshop Revolving Fund”. The fund shall be a continuing fund, not
159		-	subject to fiscal year limitations, and shall consi st of all monies
160		-	received by the Board of Agriculture from all fees derived from or
161		-	on behalf of any participant in any workshop sponsored by the Board
162		-	of Agriculture or from the sale of any materials, books , and
163		-	bulletins. All monies accruing to the cred it of the fund are hereby
164	140		appropriated and may be budgeted and expended by the Board of
165	141		Agriculture for the purpose of paying for the expenses of the
166	142		workshops and for developing, printing , and distributing materials,
167	143		books, and bulletins relating to the scho ol lunch program.
168	144		Expenditures from the fund shall be made upon warrants issued by the
169	145		State Treasurer against claims filed as prescribed b y law with the
170	146		Director of the Office of Management and Enterpris e Services for
171	147		approval and payment.
172	148		E. Funds appropriated to the Board of Agriculture for school
173	149		lunch matching and school lunch programs shall be apportioned by the
	150	+	Board of Agriculture to school districts for the purpose of
	151	+	providing meals for children in compliance with the National School
	152	+	Lunch Act, the Child Nutrition Act of 1966 , and Public Law 91-248,
	153	+	as amended or supplemented.
	154	+	F. The authority granted to the Board of Agriculture pur suant
	155	+	to this section shall include the authority to implement a nd
	156	+	administer any federal child nutrition programs administered by the
	157	+	State Board of Education prior to the effective date of this act.
	158	+	The federal child nutrition programs shall include, in addition to
	159	+	the National School Lunch Program, the following:
	160	+	1. School Breakfast Program;
	161	+	2. Afterschool Snack Program;
	162	+	3. Summer Food Service Program;
	163	+	4. Nutrition Education and Training Program;
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200		-	Board of Agriculture to school districts for the purpose of
201		-	providing meals for children in compliance with the National School
202		-	Lunch Act, the Child Nutrition Act of 1966, and Public Law 91-248,
203		-	as amended or supplemented.
204		-	F. The authority granted to the Board of Agriculture pur suant
205		-	to this section shall include the authority to implement a nd
206		-	administer any federal child nu trition programs administered by the
207		-	State Board of Education prior to the effective date of this act.
208		-	The federal child nutrition programs shall include, in addition to
209		-	the National School Lunch Program, the following:
210		-	1. School Breakfast Progr am;
211		-	2. Afterschool Snack Program;
212		-	3. Summer Food Service Program;
213		-	4. Nutrition Education and Training Program;
214	191		5. Special Milk Program ;
215	192		6. Child and Adult Care Food Program; and
216	193		7. School Meals Initiative.
217	194		SECTION 2. NEW LAW A new section of law to be codified
218	195		in the Oklahoma Statutes as Section 3-119.1 of Title 70, unless
219	196		there is created a duplication in numbering, reads as foll ows:
220	197		A. As of the effective date of this act, the Child Nutrition
221	198		Programs Division of the State Department of Education including all
222	199		personnel of the Division and all property and assets belonging to
223	200		or assigned to the Division, is hereby transferred t o the Oklahoma
	201	+	Department of Agriculture, Food, and Forestry. All powers, duties,
	202	+	and responsibilities of the Division relating to the administration
	203	+	of child nutrition programs as set forth in Section 1 of this act
	204	+	shall hereafter be exercised by the Oklahoma Department of
	205	+	Agriculture, Food, and Forestry.
	206	+	B. All employees of t he Child Nutrition Programs Division of
	207	+	the State Department of Education on the effective date of this act
	208	+	including related li abilities for sick leave, annual leave,
	209	+	holidays, unemployment benefits, and workers’ compensation benefits
	210	+	accruing to the employees prior to the effective date of this act
	211	+	shall be transferred to the Oklahoma Department of Agriculture,
	212	+	Food, and Forestry as of the effective date of this act. It is the
	213	+	intent of the Legislature that, to the extent possible, the Oklahoma
	214	+	Department of Agriculture, Food, and Forestry ensure that the
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250		-	Department of Agriculture, Food, and Forestry. All powers, duties,
251		-	and responsibilities of the Division relating to the administration
252		-	of child nutrition programs as set forth in Section 1 of this act
253		-	shall hereafter be exercised by the Oklahoma Department of
254		-	Agriculture, Food, and Forestry.
255		-	B. All employees of t he Child Nutrition Prog rams Division of
256		-	the State Department of Education on the effective date of this act
257		-	including related li abilities for sick leave, annual leave,
258		-	holidays, unemployment benefits, and workers’ compensation benefits
259		-	accruing to the employees prior to the effective date of this act
260		-	shall be transferred to the Oklahoma Department of Agriculture,
261		-	Food, and Forestry as of the effective date of this act. It is the
262		-	intent of the Legislature that, to the extent possible, the Oklahoma
263		-	Department of Agriculture, Food, and Forestry ensure that the
264	242		employees retain pay and benefits, as much as possible including
265	243		longevity, dependent insurance benefits, seniority, rights , and
266	244		other privileges or benefits.
267	245		C. The provisions of this section shall not prohibit or affect
268	246		the authority of the State Board of Education to provide supervision
269	247		of school lunch functions of public scho ol districts.
270	248		SECTION 3. AMENDATORY 70 O.S. 2021, Section 3-104, is
271	249		amended to read as follows:
272	250		Section 3-104. A. The supervision of the public school system
273	251		of Oklahoma shall be vested in the State Board of Education and,
	252	+	subject to limitations otherwise provided by law, the S tate Board of
	253	+	Education shall:
	254	+	1. Adopt policies and make rules for the operation of the
	255	+	public school system of the state;
	256	+	2. Appoint, prescribe the duties , and fix the compensation of a
	257	+	secretary, an attorney , and all other personnel necessary for the
	258	+	proper performance of the functions of the State Board of Education.
	259	+	The secretary shall not be a member of the Board;
	260	+	3. Submit to the Governor a departmental bud get based upon
	261	+	major functions of the Department as prepared by the State
	262	+	Superintendent of Public Instruction and supported by detailed data
	263	+	on needs and proposed o perations as partially determined by the
	264	+	budgetary needs of local school districts filed wi th the State Board
	265	+	of Education for the ensuing fiscal year. Appropriations therefor
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300		-	subject to limitations otherwise provided by law, the S tate Board of
301		-	Education shall:
302		-	1. Adopt policies and make rules for the operation of the
303		-	public school system of the state;
304		-	2. Appoint, prescribe the duties, and fix the compensation of a
305		-	secretary, an attorney , and all other personnel necessary for the
306		-	proper performance of the functions of the State Board of Education.
307		-	The secretary shall not be a member of the Board;
308		-	3. Submit to the Governor a departmental bud get based upon
309		-	major functions of the Department as prepared by the State
310		-	Superintendent of Public Instruction and supported by detailed data
311		-	on needs and proposed o perations as partially determined by the
312		-	budgetary needs of local school districts filed wi th the State Board
313		-	of Education for the ensuing fiscal year. Appropriations therefor
314	293		shall be made in lump-sum form for each major item in the budget as
315	294		follows:
316	295		a. State Aid to schools,
317	296		b. the supervision of all other functions of general and
318	297		special education including general control, free
319	298		textbooks, school lunch, Indian education , and all
320	299		other functions of the Board and an amount sufficient
321	300		to adequately staff an d administer these services, and
322	301		c. the Board shall determine the details by which the
323	302		budget and the appropriations are administered.
	303	+	Annually, the Board shall make preparations t o
	304	+	consolidate all of the functions of the Department in
	305	+	such a way that the budget can be based on two items,
	306	+	administration and aid to schools. A maximum amount
	307	+	for administration shall be designated as a part of
	308	+	the total appropriation;
	309	+	4. On the first day of December preceding each regular session
	310	+	of the Legislature, prepare and deliver to the Governor and the
	311	+	Legislature a report for the year ending June 30 immed iately
	312	+	preceding the regular session of the Legislature. The report shall
	313	+	contain:
	314	+	a. detailed statistics and other information concerning
	315	+	enrollment, attendance, e xpenditures including State
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	317	+	SENATE FLOOR VERSION - SB1624 SFLR Page 7
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350		-	Annually, the Board shall make preparations t o
351		-	consolidate all of the functions of the Department in
352		-	such a way that the budget can be based on two items,
353		-	administration and aid to schools. A maximum amount
354		-	for administration shall be designated as a part of
355		-	the total appropriation;
356		-	4. On the first day of December preceding each regular session
357		-	of the Legislature, prepare and deliver to the Governor and the
358		-	Legislature a report for the year ending June 30 immed iately
359		-	preceding the regular session of the Legislature. The report shall
360		-	contain:
361		-	a. detailed statistics and other information concerning
362		-	enrollment, attendance, e xpenditures including State
363	343		Aid, and other pertinent data for all public schools
364	344		in this state,
365	345		b. reports from each and every division within the State
366	346		Department of Education as s ubmitted by the State
367	347		Superintendent of Public Instruction and any other
368	348		division, department, institution, or other agency
369	349		under the supervision of the Board,
370	350		c. recommendations for the improvement of the public
371	351		school system of the state,
372	352		d. a statement of the receipts and expenditures of the
373	353		State Board of Education for the pas t year, and
	354	+	e. a statement of plans and recommendations for the
	355	+	management and improvement of public schools and such
	356	+	other information relating to the educational
	357	+	interests of the state as may be deemed necessary and
	358	+	desirable;
	359	+	5. Provide for the formul ation and adoption of curricula,
	360	+	courses of study, and other instructional aids necessary for the
	361	+	adequate instruction of pupils in the public schools;
	362	+	6. Have authority in matters pertaining to the licensure and
	363	+	certification of persons for instructional , supervisory, and
	364	+	administrative positions and services in the public schools of the
	365	+	state subject to the provisions of Section 6-184 of this title, and
	366	+	shall formulate rules gover ning the issuance and revocation of
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400		-	e. a statement of plans and recommendations for the
401		-	management and improvement of public schools and such
402		-	other information relating to the educational
403		-	interests of the state as may be deemed necessary and
404		-	desirable;
405		-	5. Provide for the formul ation and adoption of curricula,
406		-	courses of study, and other instructional aids necessary for the
407		-	adequate instruction of pupils in the public schools;
408		-	6. Have authority in matters pertaining to the licensure and
409		-	certification of persons for instructional , supervisory, and
410		-	administrative positions and services in the public schools of the
411		-	state subject to the provisions of Section 6-184 of this title, and
412		-	shall formulate rules gover ning the issuance and revocation of
413	394		certificates for superintendents of scho ols, principals,
414	395		supervisors, librarians, clerical employees, school nurses, school
415	396		bus drivers, visiting teachers, classroom teachers , and for other
416	397		personnel performing instructi onal, administrative, and supervisory
417	398		services, but not including members of boards of education and other
418	399		employees who do not work directly with pupils, and may charge a nd
419	400		collect reasonable fees for the issuance of such certificates:
420	401		a. the State Department of Education shall not issue a
421	402		certificate to and shall revoke the certi ficate of any
422	403		person who has been convicted, whether upon a verdict
423	404		or plea of guilty or upon a plea of nolo contendere,
	405	+	or received a suspended sentence or any probationary
	406	+	term for a crime or an attempt to commit a crime
	407	+	provided for in Section 843.5 of Title 21 of the
	408	+	Oklahoma Statutes if the offense involved sexual abuse
	409	+	or sexual exploitation as those terms are defined in
	410	+	Section 1-1-105 of Title 10A of the Oklahoma Statutes,
	411	+	Section 741, 843.1, if the offense included sexual
	412	+	abuse or sexual exploitation, 865 et seq., 885, 888,
	413	+	891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
	414	+	1111.1, 1114 or 1123 of Title 21 of the Oklahoma
	415	+	Statutes or who enters this state and who has been
	416	+	convicted, received a suspended sentence or received a
	417	+	deferred judgment for a crime or attempted crime
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450		-	or received a suspended sentence or any probationary
451		-	term for a crime or an attempt to commit a crime
452		-	provided for in Section 843.5 of Title 21 of the
453		-	Oklahoma Statutes if the offense involved sexual abuse
454		-	or sexual exploitation as those terms are defined in
455		-	Section 1-1-105 of Title 10A of the Oklahoma Statutes,
456		-	Section 741, 843.1, if the offense included sexual
457		-	abuse or sexual exploitation, 865 et seq., 885, 888,
458		-	891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
459		-	1111.1, 1114 or 1123 of Title 21 of the Oklahoma
460		-	Statutes or who enters this state and who has been
461		-	convicted, received a suspended sentence or received a
462		-	deferred judgment for a crime or attempted crime
463	445		which, if committed or attempted in this state, would
464	446		be a crime or an attempt to commit a crime provided
465	447		for in any of said the laws,
466	448		b. all funds collected by the State Department of
467	449		Education for the issuance of certificate s to
468	450		instructional, supervisory, and administrative
469	451		personnel in the public schools of the state shall be
470	452		deposited in the “Teachers’ Certificate Fund” in the
471	453		State Treasury and may be expended by the State Board
472	454		of Education to finance the activities of th e State
473	455		Department of Education necessary to admin ister the
	456	+	program, for consultative services, publication costs,
	457	+	actual and necessary travel expenses as provided in
	458	+	the State Travel Reimbursement Act incurred by persons
	459	+	performing research work, and othe r expenses found
	460	+	necessary by the State Board of E ducation for the
	461	+	improvement of the preparati on and certification of
	462	+	teachers in Oklahoma. Provided, any unobligated
	463	+	balance in the Teachers’ Certificate Fund in excess of
	464	+	Ten Thousand Dollars ($10,000.00) on June 30 of any
	465	+	fiscal year shall be transferre d to the General
	466	+	Revenue Fund of the State of Oklahoma this state.
	467	+	Until July 1, 1997, the State Board of Education shall
	468	+	have authority for app roval of teacher education
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500		-	program, for consultative services, publication costs,
501		-	actual and necessary travel expenses as provided in
502		-	the State Travel Reimbursement Act incurred by persons
503		-	performing research work, and othe r expenses found
504		-	necessary by the State Board of E ducation for the
505		-	improvement of the preparati on and certification of
506		-	teachers in Oklahoma. Provided, any unobligated
507		-	balance in the Teachers’ Certificate Fund in excess of
508		-	Ten Thousand Dollars ($10,000.00) on June 30 of any
509		-	fiscal year shall be transferre d to the General
510		-	Revenue Fund of the State of Oklahoma this state.
511		-	Until July 1, 1997, the State Board of Education shall
512		-	have authority for app roval of teacher education
513	496		programs. The State Board of Education shall also
514	497		have authority for the administration of tea cher
515	498		residency and professional development, subject to the
516	499		provisions of the Oklahoma Teacher Preparation Act;
517	500		7. Promulgate rules g overning the classification, inspection,
518	501		supervision, and accrediting of all public nursery, kindergarten,
519	502		elementary and secondary schools, and on-site educational serv ices
520	503		provided by public school districts or state -accredited private
521	504		schools in partial hospitalization programs, day treatment pro grams,
522	505		and day hospital programs as defined in this act for persons between
523	506		the ages of three (3) and twenty-one (21) years of age in the state.
	507	+	However, no school shall be denied accreditation solely on the bas is
	508	+	of average daily attendance.
	509	+	Any school district which maintain s an elementary school and
	510	+	faces the necessity of relocati ng its school facilities because of
	511	+	construction of a lake, either by state or federal authority, which
	512	+	will inundate the school fac ilities, shall be entitled to receive
	513	+	probationary accreditation f rom the State Board of Education for a
	514	+	period of five (5) years after the effective date of this act an d
	515	+	any school district, otherwise qualified, shall be entitled to
	516	+	receive probationary a ccreditation from the State Board of Educati on
	517	+	for a period of two (2) consecutive years to attain the minimum
	518	+	average daily attendance. The Head Start and public nurse ries or
	519	+	kindergartens operated from Community Action Program funds shall not
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550		-	However, no school shall be denied accreditation solely on the bas is
551		-	of average daily attendance.
552		-	Any school district which maintain s an elementary school and
553		-	faces the necessity of relocating its school facilities because of
554		-	construction of a lake, either by state or federal authority, which
555		-	will inundate the school fac ilities, shall be entitled to receive
556		-	probationary accreditation f rom the State Board of Education for a
557		-	period of five (5) years after the effective date of this act an d
558		-	any school district, otherwise qualified, shall be entitled to
559		-	receive probationary a ccreditation from the State Board of Educati on
560		-	for a period of two (2) consecutive years to attain the minimum
561		-	average daily attendance. The Head Start and public nurse ries or
562		-	kindergartens operated from Community Action Program funds shall not
563	547		be subjected to the accrediting rules of the State Boa rd of
564	548		Education. Neither will the State Board of Education make rules
565	549		affecting the operation of the public nurseries and ki ndergartens
566	550		operated from federal funds secured through Community Action
567	551		Programs even though they may be operating in the public s chools of
568	552		the state. However, any of the Head Start or public nurseries or
569	553		kindergartens operated under federal regulations may make
570	554		application for accrediting from the State Board of Education but
571	555		will be accredited only if application for the approval of the
572	556		programs is made. The status of no school district shall be changed
573	557		which will reduce it to a lower classification un til due notice has
	558	+	been given to the proper authorities thereof and an opportunity
	559	+	given to correct the conditions which otherwise would be the cause
	560	+	of such reduction.
	561	+	Private and parochial schools may be accre dited and classified
	562	+	in like manner as public schools or, if an accrediting association
	563	+	is approved by the State Board of Education, by procedures
	564	+	established by the State Boar d of Education to acce pt accreditation
	565	+	by such accrediting association, if appli cation is made to the State
	566	+	Board of Education for such accrediting;
	567	+	8. Be the legal agent of the State of Oklahoma this state to
	568	+	accept, in its discretion, the provisions of any Act of Congress
	569	+	appropriating or apportioning funds which are now, or may hereafter
	570	+	be, provided for use in connection with any phas e of the system of
574	571
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600		-	been given to the proper authorities thereof and an opportunity
601		-	given to correct the conditions which otherwise would be the cause
602		-	of such reduction.
603		-	Private and parochial schools may be accredited and classified
604		-	in like manner as public schools or, if an accrediting association
605		-	is approved by the State Board of Education, by procedures
606		-	established by the State Boar d of Education to acce pt accreditation
607		-	by such accrediting association, if application is made to the State
608		-	Board of Education for such accrediting;
609		-	8. Be the legal agent of the State of Oklahoma this state to
610		-	accept, in its discretion, the provisions of any Act of Congress
611		-	appropriating or apportioning funds which are now, or may hereafter
612		-	be, provided for use in connection with any phas e of the system of
613	598		public education in Oklahoma. It shall prescribe such rules as it
614	599		finds necessary to provide for the proper dis tribution of such funds
615	600		in accordance with the state and federal laws;
616	601		9. Be and is specifically hereby designated as the ag ency of
617	602		this state to cooperate and deal with any officer, board , or
618	603		authority of the United States Government under any law of the
619	604		United States which may require or recommend cooperation with any
620	605		state board having charge of the administration of public s chools
621	606		unless otherwise provided by law;
622	607		10. Be and is hereby designated as the “State Educational
623	608		Agency” referred to in Public L aw 396 of the 79th Congress of the
	609	+	United States, which law states that said ac t may be cited as the
	610	+	“National School Lunch A ct”, and said State Board of Education is
	611	+	hereby authorized and directed to accept the terms and provisions of
	612	+	said act and to ente r into such agreements, not in conflict with the
	613	+	Constitution of Oklahoma or th e Constitution and Statutes of the
	614	+	United States, as may be necessary or appropriate to secure for the
	615	+	State of Oklahoma the benefit s of the school lunch program
	616	+	established and referred to in said act;
	617	+	11. Have authority to secure and administer the ben efits of the
	618	+	National School Lunch Act, Public Law 396 of the 79th Congress of
	619	+	the United States, in the State of Oklahoma and is her eby authorized
	620	+	to employ or appoint and fix t he compensation of such additional
	621	+	officers or employees and to incur such exp enses as may be necessary
624	622
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650		-	United States, which law states that said act may be cited as the
651		-	“National School Lunch A ct”, and said State Board of Education is
652		-	hereby authorized and directed to accept the terms and provisions of
653		-	said act and to ente r into such agreements, not in conflict with the
654		-	Constitution of Oklahoma or the Constitution and Statutes of the
655		-	United States, as may be necessary or appropriate to secure for the
656		-	State of Oklahoma the benefit s of the school lunch program
657		-	established and referred to in said act;
658		-	11. Have authority to secure and administer the benefits of the
659		-	National School Lunch Act, Public Law 396 of the 79th Congress of
660		-	the United States, in the State of Oklahoma and is her eby authorized
661		-	to employ or appoint and fix t he compensation of such additional
662		-	officers or employees and to incur such expenses as may be necessary
663	649		for the accomplishmen t of the above purpose, administer the
664	650		distribution of any state funds appropriated by the Legislature
665	651		required as federal matching to reimburse on children’s meals;
666	652		12. Accept and provide for the administra tion of any land,
667	653		money, buildings, gifts, donat ion, or other things of value which
668	654		may be offered or bequeathed to the schools under the supervision or
669	655		control of said the Board;
670	656		13. 11. Have authority to require persons having administrative
671	657		control of all school districts in Oklahoma to make such regular and
672	658		special reports regarding the activities of the schools in said the
673	659		districts as the Board may deem needful for the proper exercise of
	660	+	its duties and functions. Such authority shall include the right of
	661	+	the State Board of Education to withhold all state fund s under its
	662	+	control, to withhold official recognition , including accrediting,
	663	+	until such required reports have been filed and ac cepted in the
	664	+	office of said the Board and to revoke the certificates of persons
	665	+	failing or refusing to make such reports;
	666	+	14. Have general supervision of the school lunch program. The
	667	+	State Board of Education may sponsor workshops for personnel and
	668	+	participants in the school lunch program and may develop, print and
	669	+	distribute free of charge or sell any materials, books and bulletins
	670	+	to be used in such school lunch programs. There is hereby created
	671	+	in the State Treasury a revolving fund for the Board, to be
	672	+	designated the School Lunch Workshop Revolving Fund. The fund shall
674	673
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700		-	its duties and funct ions. Such authority shall include the right of
701		-	the State Board of Education to withhold all state fund s under its
702		-	control, to withhold official recognition , including accrediting,
703		-	until such required reports have been filed and ac cepted in the
704		-	office of said the Board and to revoke the certificates of persons
705		-	failing or refusing to make such reports;
706		-	14. Have general supervision of the school lunch program. The
707		-	State Board of Education may sponsor workshops for personnel and
708		-	participants in the school lunc h program and may develop, print and
709		-	distribute free of charge or sell any materials, books and bulletins
710		-	to be used in such school lunch programs. There is hereby created
711		-	in the State Treasury a revolving fund for the Board, to be
712		-	designated the School L unch Workshop Revolving Fund. The fund shall
713	700		consist of all fees derived from or on behalf of any partic ipant in
714	701		any such workshop sponsored by the State Board of Education, or from
715	702		the sale of any materials, books and bulletins , and such funds shall
716	703		be disbursed for expenses of such workshops and for develop ing,
717	704		printing and distributing of such materials, books and bulletins
718	705		relating to the school lunch program. The fund s hall be
719	706		administered in accordance with Section 155 of Title 62 of the
720	707		Oklahoma Statutes;
721	708		15. 12. Prescribe all forms for school district a nd county
722	709		officers to report to the State Board of Education where required.
723	710		The State Board of Education shall als o prescribe a list of
	711	+	appropriation accounts by which t he funds of school districts shall
	712	+	be budgeted, accounted for, and expended; and it sh all be the duty
	713	+	of the State Auditor and Inspector in prescribing all budgeting,
	714	+	accounting, and reporting forms fo r school funds to conform to such
	715	+	lists;
	716	+	16. 13. Provide for the establishment of a uniform system of
	717	+	pupil and personnel accounting, records, and reports;
	718	+	17. 14. Have authority to provide for the he alth and safety of
	719	+	school children and school personne l while under the jurisdiction of
	720	+	school authorities;
	721	+	18. 15. Provide for the supervision of the transportation of
	722	+	pupils;
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750		-	appropriation accounts by which t he funds of school districts shall
751		-	be budgeted, accounted for, and expended; and it sh all be the duty
752		-	of the State Auditor and Inspector in prescribing all budgeting,
753		-	accounting, and reporting forms fo r school funds to conform to such
754		-	lists;
755		-	16. 13. Provide for the establishment of a uniform system of
756		-	pupil and personnel accounting, records, and reports;
757		-	17. 14. Have authority to provide for the he alth and safety of
758		-	school children and school personne l while under the jurisdiction of
759		-	school authorities;
760		-	18. 15. Provide for the supervision of the transportation of
761		-	pupils;
762	750		19. 16. Have authority, upon request of the local school board,
763	751		to act in behalf of t he public schools of the state in the purchase
764	752		of transportation equipment;
765	753		20. 17. Have authority and is hereby required to perform all
766	754		duties necessary to the adminis tration of the public school system
767	755		in Oklahoma as specified in the Oklahoma School Code; a nd, in
768	756		addition thereto, those duties not specifically mentioned herein if
769	757		not delegated by law to any other agency or official;
770	758		21. 18. Administer the State Public Com mon School Building
771	759		Equalization Fund established by Section 32 of Article X of the
772	760		Oklahoma Constitution. Any monies as may be appropriated or
773	761		designated by the Legislature, other th an ad valorem taxes, any
	762	+	other funds identified by the State Department of Education, which
	763	+	may include, but not be limited to, grants-in-aid from the federal
	764	+	government for building purposes, the proc eeds of all property that
	765	+	shall fall to the state by es cheat, penalties for unlawful holding
	766	+	of real estate by corporations, an d capital gains on assets of the
	767	+	permanent school funds, shall be deposited in the State Pu blic
	768	+	Common School Building Equalization Fund. The fund shall be used to
	769	+	aid school districts and charter schools in acquiring bui ldings,
	770	+	subject to the limitations fixed by Section 32 of Article X of the
	771	+	Oklahoma Constitution. It is hereby declared that the term
	772	+	“acquiring buildings” as used in Section 32 of Article X of the
	773	+	Oklahoma Constitution shall mean acquiring or improving s chool
774	774
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800		-	other funds identified by the State Department of Education, which
801		-	may include, but not be limited to, grants-in-aid from the federal
802		-	government for building purposes, the proc eeds of all property that
803		-	shall fall to the state by es cheat, penalties for unlawful holding
804		-	of real estate by corporations, and capital gains on assets of the
805		-	permanent school funds, shall be deposited in the State Pu blic
806		-	Common School Building Equalization Fund. The fund shall be used to
807		-	aid school districts and charter schools in acquiring bui ldings,
808		-	subject to the limitations fixed by Section 32 of Article X of the
809		-	Oklahoma Constitution. It is hereby declared that the term
810		-	“acquiring buildings” as used in Section 32 of Article X of the
811		-	Oklahoma Constitution shall mean acquiring or improving s chool
812	801		sites, constructing, repairi ng, remodeling, or equipping buildings,
813	802		or acquiring school furniture, fixtures, or equipmen t. It is hereby
814	803		declared that the term “school districts” as used in Section 32 of
815	804		Article X of the Oklahoma Constitution shall mean school districts
816	805		and eligible charter schools as defined in subsection B of this
817	806		section. The State Board of Education sh all disburse redbud school
818	807		grants annually from the State Public Common School Building
819	808		Equalization Fund to public schools and eli gible charter schools
820	809		pursuant to subsection B of this sec tion. The Board shall
821	810		promulgate rules for the implementation of d isbursing redbud school
822	811		grants pursuant to this section. The State Board of Education shall
823	812		prescribe rules for making grants of a id from, and for otherwise
	813	+	administering, the fund pursuan t to the provisions of this
	814	+	paragraph, and may employ and fix the d uties and compensation of
	815	+	technicians, aides, clerks, stenographers, attorneys, and other
	816	+	personnel deemed necessary to carry out th e provisions of this
	817	+	paragraph. The cost of administering the fund shall be paid from
	818	+	monies appropriated to the State Board of Education for the
	819	+	operation of the State Department of Education. From monies
	820	+	apportioned to the fund, the State Department of Education may
	821	+	reserve not more than one -half of one percent (1/2 of 1%) for
	822	+	purposes of administering the fund;
	823	+	22. 19. Recognize that the Director of the Oklahoma Department
	824	+	of Corrections shall be the administrat ive authority for the schools
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850		-	administering, the fund pursuan t to the provisions of this
851		-	paragraph, and may employ and fix the d uties and compensation of
852		-	technicians, aides, clerks, stenographers, attorneys, and other
853		-	personnel deemed necessary to carry out th e provisions of this
854		-	paragraph. The cost of administering the fund shall be paid from
855		-	monies appropriated to the State Board of Education for the
856		-	operation of the State Department of Education. From monies
857		-	apportioned to the fund, the State Department of Education may
858		-	reserve not more than one-half of one percent (1/2 of 1%) for
859		-	purposes of administering the fund;
860		-	22. 19. Recognize that the Director of the Oklahoma Department
861		-	of Corrections shall be the administrat ive authority for the schools
862	852		which are maintained in the state reformatories and shall appoint
863	853		the principals and teachers in such schools. Provided, that rules
864	854		of the State Board of Education for the classification, inspection,
865	855		and accreditation of publ ic schools shall be applicable to such
866	856		schools; and such schools shall comply with standards set by th e
867	857		State Board of Education; and
868	858		23. 20. Have authority to administer a revolving fund which is
869	859		hereby created in the State Treasury, to be designated the
870	860		Statistical Services Revolving Fund. The fund s hall consist of all
871	861		monies received from the various sch ool districts of the state, the
872	862		United States Government, and other s ources for the purpose of
873	863		furnishing or financing statistical services and for any other
	864	+	purpose as designated by the Legislature. The State Board of
	865	+	Education is hereby authorized to en ter into agreements with school
	866	+	districts, municipalities, the United States Government,
	867	+	foundations, and other agencies or individuals for services,
	868	+	programs, or research projects. The Statistical Ser vices Revolving
	869	+	Fund shall be administered in accordance with Section 155 of Title
	870	+	62 of the Oklahoma Statutes.
	871	+	B. 1. The redbud school grants shall be determined by the
	872	+	State Department of Education as follows:
	873	+	a. divide the county four-mill levy revenue by four to
	874	+	determine the nonchargeable county four -mill revenue
	875	+	for each school district,
874	876
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899	902
900		-	purpose as designated by the Legislature. The State Board of
901		-	Education is hereby authorized to en ter into agreements with school
902		-	districts, municipalities, the United States Government,
903		-	foundations, and other agencies or individuals for services,
904		-	programs, or research projects. The Statistical Services Revolving
905		-	Fund shall be administered in accordance with Section 155 of Title
906		-	62 of the Oklahoma Statutes.
907		-	B. 1. The redbud school grants shall be determined by the
908		-	State Department of Education as follows:
909		-	a. divide the county four -mill levy revenue by four to
910		-	determine the nonchargeable county four -mill revenue
911		-	for each school district,
912	903		b. determine the amount of new re venue generated by the
913	904		five-mill building fund levy as authorized by Section
914	905		10 of Article X of the Oklahoma Constitution for each
915	906		school district as reported in the Oklahoma Cost
916	907		Accounting System for the preceding fiscal year,
917	908		c. add the amounts calculat ed in subparagraphs a and b of
918	909		this paragraph to determine the nonchargeable millage
919	910		for each school district,
920	911		d. add the nonchargeable millage in each district
921	912		statewide as calculat ed in subparagraph c of this
922	913		paragraph and divide the total by the average daily
923	914		membership in public schools statewide based on the
	915	+	preceding school year’s average daily membership,
	916	+	according to the provi sions of Section 18-107 of this
	917	+	title. This amount is the statewide nonchargeable
	918	+	millage per student, known as the baseline local
	919	+	funding per student,
	920	+	e. all eligible charter schools shall be included in
	921	+	these calculations as unique school districts,
	922	+	separate from the school district that may sponsor th e
	923	+	eligible charter school, and the total number of
	924	+	districts shall be used to determine the statewide
	925	+	average baseline local funding per student,
924	926
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949	952
950		-	preceding school year’s average daily membership,
951		-	according to the provisions of Section 18-107 of this
952		-	title. This amount is the statewide nonchargeable
953		-	millage per student, known as the baseline local
954		-	funding per student,
955		-	e. all eligible charter schools shall be included in
956		-	these calculations as unique school districts,
957		-	separate from the school district that may sponsor th e
958		-	eligible charter school, and the total number of
959		-	districts shall be used to determine the statewide
960		-	average baseline local funding per student,
961	953		f. for each school district or eligible charter school
962	954		which is below the baseline local funding per student,
963	955		the Department shall subtract the baseline local
964	956		funding per student from the average nonchargeable
965	957		millage per student of the school district or eligible
966	958		charter school to determine the nonchargeable milla ge
967	959		per student shortfall for each district, and
968	960		g. the nonchargeable millage per student shortfall for a
969	961		school district or eligible charter school shall be
970	962		multiplied by the average daily membership of the
971	963		preceding school year of the eligible school dist rict
972	964		or eligible charter school. This amount sh all be the
	965	+	redbud school grant amount for the school district or
	966	+	eligible charter school.
	967	+	2. For fiscal year 2022, monies for the redbud school grants
	968	+	shall be expended from the funds apportioned pursuant to Section 2
	969	+	Section 426 of this act Title 63 of the Oklahoma Statutes. For
	970	+	fiscal year 2023 and each subsequent fiscal year, monies for the
	971	+	redbud school grants shall be appropriated pursuant to Section 2
	972	+	Section 426 of this act Title 63 of the Oklahoma Statutes , not to
	973	+	exceed three-fourths (3/4) of the tax colle cted in the preceding
	974	+	fiscal year pursuant to Section 426 of Title 63 of the Okla homa
	975	+	Statutes as determined by the Oklahoma Tax Commission. For fiscal
	976	+	year 2023 and each subsequent fis cal year, if such appropriated
973	977
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998	1003
999		-	redbud school grant amount for the school district or
1000		-	eligible charter school.
1001		-	2. For fiscal year 2022, monies for the redbud school grants
1002		-	shall be expended from the funds apportioned pursuant to Section 2
1003		-	Section 426 of this act Title 63 of the Oklahoma Statutes. For
1004		-	fiscal year 2023 and each subsequent fiscal year, monies for the
1005		-	redbud school grants shall be appropriated pursuant to Section 2
1006		-	Section 426 of this act Title 63 of the Oklahoma Statutes, not to
1007		-	exceed three-fourths (3/4) of the tax colle cted in the preceding
1008		-	fiscal year pursuant to Section 426 of Title 63 of the Okla homa
1009		-	Statutes as determined by the Oklahoma Tax Commission. For fiscal
1010		-	year 2023 and each subsequent fis cal year, if such appropriated
1011	1004		funds are insufficient to fund the redbud school grants, then an
1012	1005		additional apportionment of f unds shall be made from sales tax
1013	1006		collections as provided by subsection D of Section 3 1353 of this
1014	1007		act Title 68 of the Oklahoma Statutes. If both funds are
1015	1008		insufficient, the Department shall promulgate rules to permit a
1016	1009		decrease to the baseline local funding per st udent to the highest
1017	1010		amount allowed with the funding available.
1018	1011		3. As used in this section, “eligible charter school” shall
1019	1012		mean a charter school which is sponsored pursuant to the provisions
1020	1013		of the Oklahoma Charter School s Act. Provided, however, “eligible
1021	1014		charter school” shall not include a charter school sponsored by the
1022	1015		Statewide Virtual Charter School Board but shall only include those
	1016	+	which provide in-person or blended instruction , as provided by
	1017	+	Section 1-111 of this title, to not less than two -thirds (2/3) of
	1018	+	students as the primary means of instructional service delivery.
	1019	+	4. The Department shall develop a program to acknowledge the
	1020	+	redbud school grant recipients and shall include elected members of
	1021	+	the Oklahoma House of Representatives and Oklahoma State Senate who
	1022	+	represent the school districts and eligible charter schools.
	1023	+	5. The Department shall create a dedicated page on its website
	1024	+	listing annual redbud sc hool grant recipients, amount awarded to
	1025	+	each recipient, and other pertinent information about the Redbud
	1026	+	School Funding Act.
1023	1027
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1049		-	which provide in-person or blended instruction , as provided by
1050		-	Section 1-111 of this title, to not less than two -thirds (2/3) of
1051		-	students as the primary means of instructional service delivery.
1052		-	4. The Department shall d evelop a program to acknowledge the
1053		-	redbud school grant recipients and shall include elected members of
1054		-	the Oklahoma House of Representatives and Oklahoma State Senate who
1055		-	represent the school districts and eligible charter schools.
1056		-	5. The Department shall create a dedicated page on its website
1057		-	listing annual redbud sc hool grant recipients, amount awarded to
1058		-	each recipient, and other pertinent information about the Redbud
1059		-	School Funding Act.
1060	1054		6. The Department shall provide the Chair of the House
1061	1055		Appropriations and Budget Committee and the Chair of the Senate
1062	1056		Appropriations Committee no later than February 1 of each year with
1063	1057		an estimate of the upcoming yea r’s redbud school grant allocation as
1064	1058		prescribed by this section.
1065	1059		SECTION 4. REPEALER 70 O.S. 2021, Section 3-119, is
1066	1060		hereby repealed.
1067		-	SECTION 5. This act shall become effective July 1, 2023.
1068		-
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1093		-
1094		-	Passed the Senate the 15th day of March, 2022.
1095		-
1096		-
1097		-
1098		-	Presiding Officer of the Senate
1099		-
1100		-
1101		-	Passed the House of Representatives the ____ day of __________,
1102		-	2022.
1103		-
1104		-
1105		-
1106		-	Presiding Officer of the House
1107		-	of Representatives
1108		-
	1061	+	SECTION 5. This act shall become effective July 1, 2022.
	1062	+	SECTION 6. It being immediately necessary for the preservation
	1063	+	of the public peace, h ealth or safety, an emergency is hereby
	1064	+	declared to exist, by reason whereof thi s act shall take effect and
	1065	+	be in full force from and after its passage and approval.
	1066	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	1067	+	March 2, 2022 - DO PASS AS AMENDED