Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB229 Latest Draft

Bill / Enrolled Version Filed 05/24/2021

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 229 	By: Montgomery, Taylor, Garvin, 
Stephens, Rogers and 
Pemberton of the Senate 
 
  and 
 
  Hilbert, Fetgatter, Lawson, 
Caldwell (Trey), Baker, 
Lowe (Dick), Davis, Moore, 
Hasenbeck, Cornwell, Boles, 
Pae, Rosecrants, Phillips, 
Waldron, Johns, Conley, 
West (Tammy), Hill, 
McEntire, Randleman, Burns, 
Pittman and Russ of the 
House 
 
 
 
 
An Act relating to school funding; creating the 
Redbud School Funding Act; amending Section 7, State 
Question No. 788, Initiative Petition No. 412 (63 
O.S. Supp. 2020, Section 426), which relates to taxes 
on medical marijuana retail sales; modifying 
apportionment; amending 68 O.S. 2011, Section 1353 , 
as last amended by Section 1 of Enrolled House Bill 
No. 2894 of the 1st Session of the 58th Oklahoma 
Legislature, which relates to sa les tax revenue; 
directing apportionment to State Public Common School 
Building Equalization Fund if certain conditions 
apply; setting maximum apportionment amount; amending 
70 O.S. 2011, Section 1 -111, as last amended by 
Section 1, Chapter 135, O.S.L. 201 6 (70 O.S. Supp. 
2020, Section 1-111), which relates to school day 
instruction; providing for blended instruction; 
defining term; amending 70 O.S. 2011, Section 3-104, 
as last amended by Section 1, Chapter 271, O.S.L. 
2013 (70 O.S. Supp. 2020, Section 3 -104), which 
relates to the State Board of Education; removing 
limitation on certain use of fund s; updating   
 
ENR. S. B. NO. 229 	Page 2 
definition; removing certain grant procedures; 
directing the State Board of Education to disburse 
redbud school grants annually ; requiring promulgation 
of rules; permitting reservation of cer tain funds for 
administrative purposes; establishing calculation for 
redbud school grants; providing for apportionment to 
fund redbud school grants; specifying procedures for 
insufficient funds; defining term; direct ing the 
State Department of Education to acknowledge grant 
recipients; directing the Department to publish 
certain information on its website; re quiring certain 
annual notification of grant allocation estimate; 
amending 70 O.S. 2011 , Section 3-104.4, as last 
amended by Section 64, Chapter 161, O.S.L. 2020 (70 
O.S. Supp. 2020, Section 3-104.4), which relates to 
school accreditation standards; includ ing certain 
funds in calculation of certain appropriations; 
amending 70 O.S. 2011, Sect ion 3-142, as last amended 
by Section 9 of Enrolled Senate Bill N o. 1064 of the 
1st Session of the 58th Oklahoma Legislature (70 O.S. 
Supp. 2020, Section 3-142), which relates to charter 
school funding; modifying calculation of State Aid 
for a charter school; directing the studen t 
membership and attendance of a charter sch ool be 
considered separate from that of its sponsor; 
providing for charter school to receive its State Aid 
allocation and federal funds directly; removing 
distinction between different typ es of charter school 
sponsors authorized to retain certain fee; prov iding 
exception for charter school aid eligibility; 
requiring charter school to be co nsidered a local 
education agency for funding purposes; amending 70 
O.S. 2011, Section 10-103.1, which relates to legal 
average daily attendance calculation; excluding the 
average daily attendance of charter school students 
in calculating the legal average daily attendance for 
certain distributions; providin g for noncodification; 
and declaring an emergency. 
 
 
 
   
 
ENR. S. B. NO. 229 	Page 3 
 
SUBJECT:  Redbud School Funding Act 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     NEW LAW     A new section of law not to be 
codified in the Oklah oma Statutes reads as follows: 
 
This act shall be known and may be cited as the “Redbud School 
Funding Act”. 
 
SECTION 2.     AMENDATORY     Section 7, State Question No. 788, 
Initiative Petition No. 412 ( 63 O.S. Supp. 2020, Section 426), is 
amended to read as follows: 
 
Section 426.  A.  The tax on retail medical marijuana sales will 
be established at seven percent (7%) of the gross amount received by 
the seller. 
 
B.  This tax will be collected at the point of sale.  Tax Except 
as provided for in subsec tion D, tax proceeds will be applied 
primarily to finance the regulatory office. 
 
C.  If Except as provided for in subsection D, if proceeds from 
the levy authorized by subsection A of this section exceed the 
budgeted amount for runn ing the regulatory offic e, any surplus shall 
be apportioned with seventy -five percent (75%) going to the General 
Revenue Fund and may only be expended for common education including 
funding redbud school grants pursuant to Section 3 -104 of Title 70 
of the Oklahoma Statutes.  Twenty-five percent (25%) shall be 
apportioned to the O klahoma State Department of Health and earmarked 
for drug and alcohol rehabilitation. 
 
D.  For fiscal year 2022, proceeds from the levy authorized by 
subsection A of this sectio n shall be apportioned as fol lows: 
 
1.  The first Sixty-five Million Dollars ( $65,000,000.00) shall 
be apportioned as follows: 
 
a. fifty-nine and twenty-three hundredths percent 
(59.23%) to the State Public Common School Building 
Equalization Fund,   
 
ENR. S. B. NO. 229 	Page 4 
 
b. thirty-four and sixty-two hundredths percent (34.62%) 
to the Oklahoma Medical Mari juana Authority, a 
division within the Oklahoma State Department of 
Health, and 
 
c. six and fifteen hundredths percent (6.15 %) to the 
Oklahoma State Department of H ealth and earmarked for 
drug and alcohol rehabilitation; and 
 
2.  Any surplus collections shall be apportioned to th e General 
Revenue Fund of the State Treasury . 
 
SECTION 3.     AMENDATORY     68 O.S. 2011, Section 1353, as 
last amended by Section 1 of Enrolled House Bill No. 2894 of the 1st 
Session of the 58th Oklahoma Legislat ure, is amended to read as 
follows: 
 
Section 1353.  A.  It is hereby declared to be the purpose of 
the Oklahoma Sales Tax Code to provide funds for the financing of 
the program provided for by the Oklahoma S ocial Security Act and to 
provide revenues for the support of the functio ns of the state 
government of Oklahoma, and for this purp ose it is hereby expressly 
provided that, revenues derived pursuant to the provisions of the 
Oklahoma Sales Tax Code, subject to the apportionment requirements 
for the Oklahoma Tax Commission and Off ice of Management and 
Enterprise Services Joint Computer Enhancement Fund provided by 
Section 265 of this title, shall be apportioned as follows: 
 
1.  Except as provided in subsection subsections C and D of this 
section, the following amounts shall be paid to the State Treasurer 
to be placed to the credit of the General Revenue Fund to be paid 
out pursuant to direct appropriation by the Legislature: 
 
Fiscal Year 	Amount 
 
FY 2003 and FY 2004 	86.04% 
 
FY 2005 	85.83% 
 
FY 2006 	85.54% 
   
 
ENR. S. B. NO. 229 	Page 5 
FY 2007 	85.04% 
 
FY 2008 through FY 2022 	83.61% 
 
FY 2023 through FY 2027 	83.36% 
 
FY 2028 and each fiscal year thereafter 83.61%; 
 
2.  The following amounts shall be paid to the State Treasurer 
to be placed to the credit of the Education Reform Revolving Fund of 
the State Department of Education : 
 
a. for FY 2003, FY 2004 and FY 2005, ten and forty -two 
one-hundredths percent (10.42%), 
 
b. for FY 2006 through FY 2020, ten and forty -six one-
hundredths percent (10.46%), 
 
c. for FY 2021: 
 
(1) for the month beginning July 1, 2020, through the 
month ending August 31, 2020, ten and forty-six 
one-hundredths percent (10.46%), and 
 
(2) for the month beginning September 1, 2020, 
through the month ending June 30, 2021, eleven 
and ninety-six one-hundredths percent (11.96%), 
 
d. for FY 2022 and each fiscal year thereafter, ten and 
forty-six one-hundredths percent (10.46%); 
 
3.  The following amounts shall be paid to the Sta te Treasurer 
to be placed to the credit of the Teachers ’ Retirement System 
Dedicated Revenue Revolving Fund: 
 
Fiscal Year 	Amount 
 
FY 2003 and FY 2004 	3.54% 
 
FY 2005 	3.75% 
 
FY 2006 	4.0%   
 
ENR. S. B. NO. 229 	Page 6 
 
FY 2007 	4.5% 
 
FY 2008 through FY 2020 	5.0% 
 
FY 2021: 
 
a. for the month beginni ng July 
1, 2020, through the month 
ending August 31, 2020 	5.0% 
 
b. for the month beginning 
September 1, 2020, through 
the month ending June 30, 
2021 	3.5% 
 
FY 2022 	5.0% 
 
FY 2023 through FY 2027 	5.25% 
 
FY 2028 and each fiscal year thereafter 	5.0%; 
 
4. a. except as otherwise provided in subparagraph b of this 
paragraph, for the f iscal year beginning July 1, 2015, 
and for each fiscal year ther eafter, eighty-seven one-
hundredths percent (0.87%) shall be paid to the State 
Treasurer to be further apportioned as follows: 
 
(1) thirty-six percent (36%) shall be placed to the 
credit of the Oklahoma Tourism Promotion 
Revolving Fund, but in no event shal l such 
apportionment exceed Five Million Dollars 
($5,000,000.00) in any fiscal year, and 
 
(2) sixty-four percent (64%) shall be placed to the 
credit of the Oklahoma Tourism Capital 
Improvement Revolving Fund, but in no event shall 
such apportionment exceed Nine Million Dollars 
($9,000,000.00) in any fiscal year, and 
   
 
ENR. S. B. NO. 229 	Page 7 
b. any amounts which exceed the limitations of 
subparagraph a of this paragraph shall be placed to 
the credit of the General Rev enue Fund; and 
 
5.  For the fiscal year beginning July 1, 2015, and for each 
fiscal year thereafter, six one -hundredths percent (0.06%) shall be 
placed to the credit of the Oklahoma Historical S ociety Capital 
Improvement and Operations Revolving Fund, but in no event shall 
such apportionment exceed the total amount apporti oned pursuant to 
this paragraph for the fiscal year ending on June 30, 2015.  Any 
amounts which exceed the limitations of this paragraph shall be 
placed to the credit of the General Revenu e Fund. 
 
B.  Provided, for the fiscal year beginning July 1, 2007, an d 
every fiscal year thereafter, an amount of revenue shall be 
apportioned to each municipality or county which levies a sales tax 
subject to the provisions of Section 1357.10 of this titl e and 
subsection F of Section 2701 of this title equal to the amount of 
sales tax revenue of such municipality or county exempted by the 
provisions of Section 1357.10 of this title and subsection F of 
Section 2701 of this title.  The Oklahoma Tax Commissio n shall 
promulgate and adopt rules necessary to implement the provisi ons of 
this subsection. 
 
C.  From the monies that would otherwise be apportioned to the 
General Revenue Fund pursuant to subsec tion A of this section, there 
shall be apportioned the follo wing amounts: 
 
1.  For the month ending August 31, 2019: 
 
a. Nine Million Six Hundred Thousand Dollars 
($9,600,000.00) to the credit of the State Highway 
Construction and Maintenance Fund created in Section 
1501 of Title 69 of the Oklahoma Statutes, and 
 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes; 
 
2.  For the month ending September 30, 2019: 
   
 
ENR. S. B. NO. 229 	Page 8 
a. Twenty Million Dollars ($20,000,000.00) t o the credit 
of the State Highway Construction and Maintenance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and 
 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes; 
 
3.  For the month ending Octobe r 31, 2019: 
 
a. Twenty Million Dollars ($20,000,000.00) to the credit 
of the State Highway Construction and Maintenance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and 
 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes; 
 
4.  For the month ending N ovember 30, 2019: 
 
a. Twenty Million Dollars ($20,000,000.00) to the credi t 
of the State Highway Construction and Maintenance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and 
 
b. Two Million Dollars ($2,000,000.00) to the credit of 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Ti tle 66 of the Oklahoma 
Statutes; and 
 
5.  For the month en ding December 31, 2019: 
 
a. Twenty Million Dollars ($20,000,000.00) to the credit 
of the State Highway Construction and Mainten ance Fund 
created in Section 1501 of Title 69 of the Oklahoma 
Statutes, and 
   
 
ENR. S. B. NO. 229 	Page 9 
b. Two Million Dollars ($2,000,000.00) to the credit o f 
the Oklahoma Railroad Maintenance Revolving Fund 
created in Section 309 of Title 66 of the Oklahoma 
Statutes. 
 
D.  For fiscal year 2023, and each subsequent fiscal year, 
before any other apportionment otherwise required by this s ection is 
made to the General Revenue Fund, there shall be apportioned to the 
State Public Common School Building Equalization Fund an amount, if 
any, as required pursuant to Section 3-104 of Title 70 of the 
Oklahoma Statutes, not to exceed the state sales tax generated by 
medical marijuana sales in the preceding fiscal year as reported by 
the Oklahoma Tax Commission . 
 
SECTION 4.     AMENDATORY     70 O.S. 2011, Section 1-111, as 
last amended by Section 1, Chapter 135, O.S.L. 2016 (70 O.S. Supp. 
2020, Section 1-111), is amended to read as follows: 
 
Section 1-111.  A.  Except as otherwise provided for by law, a 
school day shall consist of not less than s ix (6) hours devoted to 
school activities.  A district board of education may elect to 
extend the length of one (1) or more school days to more than six 
(6) hours and reduce the number of school days as long as the to tal 
amount of classroom instruction tim e is not less than one thousand 
eighty (1,080) hours per year as required pursuant to Secti on 1-109 
of this title. 
 
B.  A school day for nursery, early childhood education, 
kindergarten, and alternative education progr ams shall be as 
otherwise defined by la w or as defined by the State Board of 
Education.  Except as otherwise provided for in this subsection, not 
more than one (1) school day shall be counted for attendance 
purposes in any twenty -four-hour period.  Two (2) school days, each 
consisting of not le ss than six (6) hours, may be counted for 
attendance purposes in any twenty-four-hour period only if one of 
the school days is for the purpose of parent -teacher conferences 
held as provided for in Section 1 -109 of this title. 
 
C.  Students absent from schoo l in which they are regularly 
enrolled may be considered as being in attendance if the reas on for 
such absence is to participate in scheduled school activities under 
the direction and supervision of a regular member o f the faculty or   
 
ENR. S. B. NO. 229 	Page 10 
to participate in an o nline course approved by the district board of 
education.  The State Board of Education sha ll adopt rules to 
provide for the implementation of supplemental online courses which 
shall include, but not be limited to, pr ovisions addressing the 
following: 
 
1.  Criteria for student admissions eligibility; 
 
2.  A student admission process administered t hrough the 
district of residence, which provides the ability for the student to 
enroll in individual courses; 
 
3.  A process by which students are not denied the oppo rtunity 
to enroll in educationally appropriate courses by school districts.  
For the purposes of this section, “educationally appropriate ” means 
any instruction that is not substantially a repeat of a course or 
portion of a course that the student has succ essfully completed, 
regardless of the grade of the student, and regardless of whether a 
course is similar to or identical to the instruction that is 
currently offered in the school district; 
 
4.  Creation of a system w hich provides ongoing enrollment 
access for students throughout the school year; 
 
5.  A grace period of fifteen (15) calendar days from the first 
day of an online course for student withdrawal from an online course 
without academic penalty; 
 
6.  Mastery of competencies for course completion rathe r than 
Carnegie units; 
 
7.  Student participati on in extracurricular activities in 
accordance with school district eligibility rules and policies and 
any rules and policies of a private organization or association 
which provides the coordination, supervisio n, and regulation of the 
interscholastic activ ities and contests of schools; 
 
8.  Parent authorization for release of state test results to 
online course providers, on a form developed by the State Department 
of Education; and 
   
 
ENR. S. B. NO. 229 	Page 11 
9.  A review process to identi fy and certify online course 
providers and a uniform payment processing system. 
 
D.  Each district board of education shall adopt policies and 
procedures that conform to rules for online courses as adopted by 
the State Board.  Such policies shall include cr iteria for approval 
of the course, the approp riateness of the course for a particular 
student, authorization for full-time students to enroll in online 
courses, and establishing fees or charges.  No district shall be 
liable for payment of any fees or charg es for any online course for 
a student who has not complied with the district’s policies and 
procedures.  School districts shall not deny students the 
opportunity to enroll in educationally appropriate courses and sha ll 
provide an admissions process which includes input from the student, 
the parent or guardian of the student, and school faculty. 
 
E.  Districts shall require students enrolled in online courses 
to participate in the Oklahoma School Testing Program Act.  S tudents 
participating in online courses from a remote site will be 
responsible for providing their own equipment and Internet acce ss, 
unless the district chooses to provide the equipment.  Credit may 
not be granted for such courses except upon approval of the State 
Board of Education and the di strict board of education. 
 
F. Districts may provide students with opportunities for 
blended instruction.  “Blended instruction” shall mean a combination 
of brick-and-mortar learning and virtual learning environments that 
includes elements of a student ’s control over place, pace and path 
of learning.  A student in blended instruction may work on virtual 
courses at home or at school in a blended flex lab but shall 
participate in at least one unit or set of competencies as defined 
by Section 11-103.6 of this title at a physical school building in a 
traditional classroom setting which is the academi c equivalent of 
one (1) hour per day for each instructional day in the school year 
as defined by Section 1-109 of this title. 
 
G. The school day for kindergarten may consist of six (6) hours 
devoted to school activities. 
 
SECTION 5.     AMENDATORY     70 O.S. 2011, Section 3-104, as 
last amended by Section 1, Chapter 271, O.S.L. 20 13 (70 O.S. Supp. 
2020, Section 3-104), is amended to read as follows:   
 
ENR. S. B. NO. 229 	Page 12 
 
Section 3-104.  A. The supervision of t he public school system 
of Oklahoma shall be vested in the State Board of Education and, 
subject to limitations otherwise provided by law, the St ate 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 Pu blic 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.  
Annually, the Board shall make preparations to 
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   
 
ENR. S. B. NO. 229 	Page 13 
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 submi tted 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 
 
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 stat e 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 perta ining to the licensure and 
certification of persons for instructional , supervisory and 
administrative positions and s ervices in the public schools of the 
state subject to the provisions of Section 6-184 of this title, and 
shall formulate rules governing th e issuance and revocation of 
certificates for superintendents of scho ols, principals, 
supervisors, librarians, cleric al employees, school nurses, school 
bus drivers, visiting teachers, classroom teachers and for other 
personnel performing instructional, ad ministrative and supervisory 
services, but not including members of b oards of education and other   
 
ENR. S. B. NO. 229 	Page 14 
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 E ducation shall not issue a 
certificate to and shall revoke the certi ficate of any 
person who has been convicted, whet her upon a verdict 
or plea of guilty or upon a plea of nolo contendere, 
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, 
Sections Section 741, 843.1, if the offense included 
sexual abuse or sexual e xploitation, 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 laws, 
 
b. all funds collected b y 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 expen ded by the State Board 
of Education to finance the activities of th e State 
Department of Education necessary to admin ister the 
program, for consultative services, publication costs, 
actual and necessary travel expenses as provided in 
the State Travel Reimb ursement 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 Teache rs’ 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   
 
ENR. S. B. NO. 229 	Page 15 
Revenue Fund of the State of Oklahoma.  Until July 1, 
1997, the State Board of Education shall have 
authority for approval of teacher education programs.  
The State Board of Education shall also have authority 
for the administration of tea cher residency and 
professional development, subject to the provisions of 
the Oklahoma Teacher Preparation Act; 
 
7.  Promulgate rules govern ing 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 hospit alization programs, day treatment programs, 
and day hospital progr ams as defined in this act for persons between 
the ages of three (3) and twenty-one (21) years of age in the state.  
However, no school shall be denied accreditation solely on the basis 
of average daily attendance. 
 
Any school district which maintains an e lementary school and 
faces the necessity of relocati ng its school facilities because of 
construction of a lake, either by state or federal authority, which 
will inundate the school facilities , shall be entitled to receive 
probationary accreditation from th e 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 accredit ation from the State Board of Education 
for a period of two (2) c onsecutive 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 Board of 
Education.  Neither wi ll 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 schools 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.  Th e status of no school district shall be changed 
which will reduce it to a lower classification un til due notice has 
been given to the proper authorities thereof and an opportunity   
 
ENR. S. B. NO. 229 	Page 16 
given to correct the conditions which otherwise would be the cause 
of such reduction. 
 
Private and parochial schools may be accre dited and classified 
in like manner as public schools or, if an accrediting association 
is approved by the State Board of Education, by pro cedures 
established by the State Board of Education to accept ac creditation 
by such accrediting association, if appli cation is made to the State 
Board of Education for such accrediting; 
 
8.  Be the legal agent of the State of Oklahoma 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 distribution 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 St ates Government under any law of the 
United States which may r equire 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 Law 396 of the 79th Congr ess of the 
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 a nd provisions of 
said act and to enter 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 benefits of the school lunch program 
established and referred to in said act ; 
 
11.  Have authority to secure and administer the benef its of the 
National School Lunch Act, Public Law 396 of the 79th Congress of 
the United States, in the State of Oklahoma and is hereby auth orized 
to employ or appoint and fix the compensation of such additional 
officers or employees and to incur such expen ses as may be necessary 
for the accomplishmen t of the above purpose, administer the   
 
ENR. S. B. NO. 229 	Page 17 
distribution of any state funds appropriated by the Leg islature 
required as federal matching to reimburse on childr en’s meals; 
 
12.  Accept and provide for the administratio n of any land, 
money, buildings, gifts, donat ion or other things of value which may 
be offered or bequeathed to the schools under the super vision or 
control of said Board; 
 
13.  Have authority to re quire persons having administrative 
control of all school d istricts in Oklahoma to make such regular and 
special reports regarding the activities of the schools in said 
districts as the Board may de em needful for the proper exercise of 
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 accepted in the 
office of said 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 wo rkshops for personnel and 
participants in the school lunc h program and may develop, print and 
distribute free of char ge or sell any materials, books and bulletins 
to be used in such school lunch programs.  There is hereby created 
in the State Treasury a re volving 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 shall be 
administered in accordance with Section 155 of Title 62 of the 
Oklahoma Statutes; 
 
15.  Prescribe all forms for school district and cou nty officers 
to report to the State Board of Education where required.  The State 
Board of Education shall also prescribe a list of appropr iation 
accounts by which the funds of school districts s hall be budgeted, 
accounted for and expended; and it shall be the duty of the State 
Auditor and Inspector in prescribing all budgeting, accounting and 
reporting forms for school funds to conform to su ch lists;   
 
ENR. S. B. NO. 229 	Page 18 
 
16.  Provide for the establishment of a unifo rm system of pupil 
and personnel accounting, records and repor ts; 
 
17.  Have authority to provide for the he alth and safety of 
school children and school personnel while under the jurisdiction of 
school authorities; 
 
18.  Provide for the supervision of the transportation of 
pupils; 
 
19.  Have authority, upon request of the local school board, to 
act in behalf of the public schools of the state in the purchase of 
transportation equipment; 
 
20.  Have authority and is hereby required to perform all duties 
necessary to the adminis tration 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.  Administer the State Public Com mon School Building 
Equalization Fund establis hed by Section 32 of Article X of the 
Oklahoma Constitution.  Any monies as may be appropriated or 
designated by the Legislature, other tha n ad valorem taxes, any 
other funds identified by the State Department of Education, which 
may include, but not be li mited to, grants-in-aid from the federal 
government for building purposes, the proceeds of all property that 
shall fall to the state by esc heat, penalties for unlawful holding 
of real estate by corporations, an d 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 buildings, 
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 Constitutio n shall mean acquiring or improving school 
sites, constructing, repairi ng, remodeling or equipping buildings, 
or acquiring school furniture, fixtures, or equipmen t.  For charter 
schools, the fund shall only be used to acquire buildings in which 
students enrolled in the charter school will be attending.  It is 
hereby declared that the term “school districts” as used in Section   
 
ENR. S. B. NO. 229 	Page 19 
32 of Article X of the Oklahoma Constit ution shall mean school 
districts and charter schools created pursuant to the provisions of 
the Oklahoma Charter Schools Act .  If sufficient monies are 
available in the fund, the Board shall solicit proposa ls for grants 
from school districts and charter sc hools and shall determine the 
process for consideration of proposals.  Grants shall be awarded 
only to school districts which have a total asse ssed property 
valuation per average daily membership that is le ss than the state 
average total assessed property valuation per average dail y 
membership and, at the time of application, the district has voted 
the five-mill building fund levy authorized in S ection 10 of Article 
X of the Oklahoma Constitution, and has vo ted indebtedness through 
the issuance of new bonds for at least fifty percen t (50%) within 
the last three (3) years of the maximum allowable pursuant to the 
provisions of Section 26 of Article X of the Oklahoma Cons titution 
as shown on the school district budget filed with the State Board of 
Equalization for the current school yea r and certifications by the 
Attorney General prior to April 1 of the school year.  Grants shall 
be awarded only to ch arter schools which ha ve secured matching funds 
for the specific purpose of acquiring buildings in an amount of n ot 
less than ten percent ( 10%) of the total grant amount.  The amount 
of each grant awarded by the Board each year shall not exceed Four 
Million Dollars ($4,000,000. 00).  From the total amount available to 
provide grants to public schools and charter schools, charter 
schools shall be allocated the greater of ten percent (10%) of the 
total amount or the percent of students enrolled in charter scho ols 
that are not sponsored by the Statewide Virtual Charter Sch ool Board 
as compared to the student enrollment in school districts which ha ve 
a total assessed property valuation per average daily membership 
that is equal to or less than twenty -five percent (25%) of the state 
total assessed property valuation per avera ge daily membership.  The 
Board shall give priorit y consideration to school districts which 
have a total assessed property valuation per average daily 
membership that is equal to or less than t wenty-five percent (25%) 
of the state average total assessed pr operty valuation per average 
daily membership.  Th e Board is authorized to p rorate grants awarded 
if monies are not sufficient in the fund to award grants to 
qualified districts and charter sch ools.  The State Board of 
Education shall make available to eli gible charter schools any 
unused grant funds that remain after the initial a llocation to all 
eligible public school districts and charter schools of this state 
eligible charter schools as defined in subsection B of this section.    
 
ENR. S. B. NO. 229 	Page 20 
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 eligible ch arter 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 aid from, and for otherwise administering, the 
fund pursuant to the provisions o f this paragraph, and may employ 
and fix the duties and compensation of technicians, aides, clerks, 
stenographers, attorneys and other personnel deemed necessary to 
carry out the provis ions of this paragraph.  The cost of 
administering the fund shall be pa id 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 Educati on may reserve not more than one -half of one 
percent (1/2 of 1%) for pu rposes of administering the fund; 
 
22.  Recognize that the Director of the Oklahoma Departme nt of 
Corrections shall be the administrative authority for the schools 
which are maintained i n the state reformatories and shall appoint 
the principals and teachers in such schools. Provided, that rules 
of the State Board of Education for the classificat ion, inspection 
and accreditation of public schools shall be applicable to such 
schools; and such schools shall comply with standards set by th e 
State Board of Educa tion; and 
 
23.  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 con sist of all 
monies received from the various sch ool districts of the st ate, the 
United States Government, and other s ources for the purpose of 
furnishing or financing statistical services and for any other 
purpose as designated by the Legislature.  The Sta te Board of 
Education is hereby authorized to en ter into agreements wit h school 
districts, municipalities, the United States Government, foundations 
and other agencies or individuals for services, programs or research 
projects.  The Statistical Services Re volving Fund shall be 
administered in accordance with Section 155 of Ti tle 62 of the 
Oklahoma Statutes. 
 
B.  1.  The redbud school grants shall be determined by th e 
State Department of Education as follows:   
 
ENR. S. B. NO. 229 	Page 21 
 
a. divide the county four -mill levy revenue by fou r 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 each 
school district as reported in the Oklahoma Cost 
Accounting System for the prec eding 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 mil lage 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 
preceding school year’s average daily membership, 
according to the provisions of Section 18-107 of this 
title.  This amount is the statewide nonchargea ble 
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, a nd 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 subtra ct 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 millage 
per student shortfall for each district, and 
 
g. the nonchargeable millage per student shortfall for a 
school district or eligible charter school shall be   
 
ENR. S. B. NO. 229 	Page 22 
multiplied by the average daily membership of the 
preceding school year of the eligible school district 
or eligible charter school.  This amount sh all be the 
redbud school grant amount for the school district or 
eligible charter school. 
 
2.  For fiscal year 2022, m onies for the redbud school grants 
shall be expended from the funds apportioned pursuant to Section 2 
of this act.  For fiscal year 2023 and each subsequent fiscal year, 
monies for the redbud school grants shall be appropri ated pursuant 
to Section 2 of this act, not to exceed three-fourths (3/4) of the 
tax collected 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 add itional apportionment of f unds shall be 
made from sales tax collections as provided by subsection D of 
Section 3 of this act.  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 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 
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 R epresentatives and Oklahom a 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. 
   
 
ENR. S. B. NO. 229 	Page 23 
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 6.     AMENDATORY     70 O.S. 2011, Section 3 -104.4, as 
last amended by Section 64, Chapter 161, O.S.L. 2020 (70 O.S. Supp. 
2020, Section 3-104.4), is amended to read as follows: 
 
Section 3-104.4. A.  The State Board of Education shall adopt 
standards for the accredita tion of the public schools in this state 
according to the requirements of Section 3 -104.3 et seq. of this 
title, to be effective as set forth in Section 3-104.3 et seq. of 
this title.  The accreditation standards shall incorporate the 
curricular standards established pursuant to Section 11 -103.6 of 
this title.  The accreditation standards shall equal or exceed 
nationally recognized accreditation standards to the extent that the 
standards are consistent with an academic results oriented approach 
to accreditation.  The accreditation adopted by the State Board 
shall encompass accreditation for elementary schools, middle 
schools, junior high schools, and high s chools.  The accreditation 
standards shall be made available for public inspection at the 
offices of the State Department of Education. 
 
B.  Standards for accreditation adopted by the State Board of 
Education shall include standards relating to the provisio n of 
school counselors to the public school children of this state.  The 
State Board of Education shall require each local school district to 
provide information regarding the number of counselors serving each 
school site, the dutie s of all such counselors including all 
administrative duties, the number of students served by each 
counselor, and information regarding the number of counselors 
employed per elementary school, middle school, junior high school 
and high school. 
 
C.  Except as otherwise provided, s chools shall meet the 
accreditation standards as a condition of continued accreditation.  
Nothing herein shall be construed as preventing changes to the 
adopted standards by the State Board of Education pursuant to the 
Administrative Procedures Act.  The a ccreditation standards shall 
provide for warnings, probation or nonaccredited status for schools   
 
ENR. S. B. NO. 229 	Page 24 
that fail to meet the standards.  The Department shall investigate a 
complaint of failure to provide educational services or failure to 
comply with accreditati on standards within thirty (30) days of 
receiving the complaint.  If the Department determines that a s chool 
has failed to comply with the accreditation standards, the 
Department shall report the recommended warning, probation or 
nonaccredited accreditatio n status to the State Board of Education 
within ninety (90) days.  If a school does not take action to comply 
with the accreditation standards within ninety (90) days after a 
report is filed by the Department, the Board shall withdr aw 
accreditation for the school.  The State Board accreditation 
regulations shall provide for warnings and for assistance to sc hools 
and school districts whenever there is reason to believe a school is 
in danger of losing its state accreditation. 
 
D.  If one or more school sites f ail to receive accreditation as 
required pursuant to this section or subsequently lose 
accreditation, the State Board of Education shall close the school 
and reassign the students to accredited schools within the district 
or shall annex the district to one or more other districts in which 
the students can be educated in accredited schools. 
 
E.  Standards for accreditation adopted by the State Board of 
Education shall include standards relating to the provision of 
educational services provided in partial hosp italization programs, 
day treatment programs, day hospital programs, residential treatment 
programs and emergency shelter programs for persons between the ages 
of three (3) and twenty -one (21) years of age.  The accreditation 
standards shall apply to on -site and off-site educational services 
provided by public school districts or state-accredited private 
schools.  Each school which is providing or is required to provide 
educational services for students placed in a program as describ ed 
in this subsection sh all be actively monitored by the State 
Department of Education.  The Department shall determine on an 
ongoing basis if the educational program and services are in 
compliance with the accreditation standards. 
 
F.  The State Board shal l provide assistance to districts in 
considering the possibility of meeting accreditation requirements 
through the use of nontr aditional means of instruction.  The State 
Board shall also assist districts in forming cooperatives and making 
arrangements for the use of satellite ins truction or other   
 
ENR. S. B. NO. 229 	Page 25 
instructional technologies to the extent that use of such 
instructional means meets a ccreditation standards. 
 
G.  1.  Accreditation shall not be withdrawn from or denied nor 
shall a penalty be assessed against a sch ool or school district f or 
failing to meet the media materials and equipment standards, media 
program expenditure standards and media personnel standards as set 
forth in the accreditation standards adopted by the Board. 
 
2.  The provisions of paragraph 1 of this subsection shall c ease 
to be effective during the fiscal year which begins on the July 1 
immediately succeeding the legis lative session during which the 
measure appropriating monies to the State Board of Education for the 
financial support of public schools is enacted as la w and such 
appropriation amount is at least Fifty Million Dollars 
($50,000,000.00) greater than the amo unt of money appropriated to 
the State Board of Education for the financial support of public 
schools for the fiscal year ending June 30, 2019, pursuant to 
Chapter 146, O.S.L. 2018.  Provided, the Fifty Million Dollars 
($50,000,000.00) shall not include an y amount of appropriations 
dedicated for support or certified employee salary increases.  
Accreditation shall not be withdrawn fr om or denied nor shall a 
penalty be assessed against a school or school district for failing 
to meet the media personnel standa rds as set forth in accreditation 
standards adopted by the Board. 
 
H.  1.  The State Board shall not assess a financial penalty 
against any school distric t which is given a deficiency in 
accreditation status during any fiscal year as provided for in this 
subsection. 
 
2. Beginning with the fiscal year which begins July 1, 2021, if 
the amount of money appropriated to the State Board of Education for 
the financial support of public schools including funds apportioned 
pursuant to Section 2 of this act, is at least One Hundred Million 
Dollars ($100,000,000.00) greater than the amount of money 
appropriated to the Stat e Board of Education for the financial 
support of public schools for the fiscal year e nding June 30, 2019, 
pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be 
assessed against any school districts that do not comply with the 
class size limitations for kindergarten as provided for in Sec tion 
18-113.2 of this title and class si ze limitations for gr ade one as   
 
ENR. S. B. NO. 229 	Page 26 
provided for in subse ction A of Section 18-113.1 of this title.  
Provided, the One Hundred Million Dollars ($100,000,000.00) shall 
not include any amount of appropriations dedicated fo r support or 
certified employee salary i ncreases. 
 
3.  The State Department of Education shall submit a report on 
statewide classroom sizes to the President Pro Tempore of the 
Oklahoma State Senate and the Speak er of the Oklahoma House of 
Representatives no later than January 1, 2022. 
 
I.  Except as provided for in su bsection J of this section, 
beginning with the 2019-2020 school year, evaluations of schools to 
determine whether they meet the accreditation standar ds set forth in 
accordance with this section s hall occur once every four (4) years 
on a schedule adopted by the State Board of Education.  The Board 
may interrupt the evaluation schedule provided in this subsection 
for reasons including a change in the sup erintendent of the school 
district; determinat ion that one or more school district b oard 
members have not met the continuing education requ irements as 
defined by this title; determination that the school district 
falsified information submitted to any publ ic city, county, state or 
federal official or agency; initiation of an investigation by the 
Board or a law enforcement agency; or other det ermination by the 
Board that standards for accreditation are not being met by the 
school district.  The schedule adop ted by the Board shall allow for 
school districts receiving no deficiencies for two (2) consecutive 
years to be reviewed for accreditation less than annually.  
Provided, however, that schools shall be evaluated annually for the 
purposes of: 
 
1.  Local, state and federal funding; 
 
2.  Health and safety; 
 
3.  Certification requirements for teachers, principals and 
superintendents; 
 
4.  School board governance, including instructional and 
continuing education requirements for school board members; and 
 
5.  Any other requirements under state or federal law. 
   
 
ENR. S. B. NO. 229 	Page 27 
J.  Beginning with the 2019-2020 school year, if a public schoo l 
receives a deficiency on its ac creditation report, the public school 
shall be evaluated annually to determine if it meets the 
accreditation standard s set forth in accordance with this section.  
If the public school receives no deficiencies for two (2) 
consecutive years, the public schoo l shall be subject to the 
evaluation timeline established in subsection I of this section. 
 
SECTION 7.     AMENDATORY     70 O.S. 2011, Section 3 -142, as 
last amended by Section 9 of Enrolled Senate Bill N o. 1064 of the 
1st Session of the 58th Oklahoma Legislature (70 O.S. Supp. 2020, 
Section 3-142), is amended to read as follows: 
 
Section 3-142.  A.  For purposes of funding, a charter school 
sponsored by a board of education of a school district shall be 
considered a site within the school district in which the charter 
school is located. The student membership and attendance of the 
charter school shall be considered separate from the student 
membership and attendance of the district in which the charter 
school is located sponsor for the purpose of cal culating enrollment 
and funding including weighted average daily membership pursuant to 
Section 18-201.1 of this title and State Aid pursuant to Section 18-
200.1 of this title.  For charter schools sponsored by a board of 
education of a school district, th e sum of the separate calculations 
for the charter school and the school district shall be used to 
determine the total State Aid allocation for the distr ict in which 
the charter school is located. A charter school shall receive from 
the sponsoring school district, the State Aid allocation, federal 
funds to which it is eligible and qualifies for and any other state-
appropriated revenue generated by its stu dents for the applicable 
year, less up to.  Not more than three percent (3%) of the State Aid 
allocation, which may be retained charged by the school district 
sponsor as a fee for administrative services rendered .  For charter 
schools sponsored by the boar d of education of a technology center 
school district, a higher education institution, the State Board of 
Education, or a federally recognized Indian tribe and for statewide 
virtual charter schools sponsored by the Statewide Virtual Charter 
School Board, the State Aid allocation for the charter school shall 
be distributed by the State Board of Education and not more than 
three percent (3%) of the State Aid allocation may be charged by the 
sponsor as a fee for administrative services rendered.  The State 
Board of Education shall determine the policy and procedure for   
 
ENR. S. B. NO. 229 	Page 28 
making payments to a charter school.  The fee for administrative 
services as authorized i n this subsection shall only be assessed on 
the State Aid allocation amount and shall not be assessed on a ny 
other appropriated amounts.  A sponsor of a charter sc hool shall not 
retain charge any additional State Aid allocation or charge the 
charter school any additional fee above the amounts allowed by this 
subsection unless the additional fees are for additi onal services 
rendered.  The charter school sponsor shall provide to the State 
Department of Education financial records documenting any state 
funds retained charged by the sponsor for administrative services 
rendered for the previous year. 
 
B.  1.  The weighted average daily membership for the first year 
of operation of a charter school shall be determined initially by 
multiplying the actual enrollment of students as of August 1 by 
1.333.  The charter school shall receive revenue equal to that which 
would be generated by the estimated weighted average daily 
membership calculated pursuant to this paragraph.  At midyear, the 
allocation for the charter scho ol shall be adjusted using the first 
quarter weighted average daily membership for the charter school 
calculated pursuant to subsection A of this section. 
 
2.  For the purpose of calculating weighted average da ily 
membership pursuant to Section 18 -201.1 of this title and State Aid 
pursuant to Section 18 -200.1 of this title, the weighted average 
daily membership for the first year of operation of a full-time 
statewide virtual charter school sponsored by the State wide Virtual 
Charter School Board shall be determined by multiplying the actual 
enrollment of students as of August 1 by 1.333.  The full -time 
virtual charter school shall receive revenue equal to that whi ch 
would be generated by the estimated weighte d average daily 
membership calculated pursuant to this paragr aph.  At midyear, the 
allocation for the full-time statewide virtual charter school shall 
be adjusted using the first quarter weighted average daily 
membership for the virtual charter school calculate d pursuant to 
subsection A of this section. 
 
C.  A charter school shall Except as explicitly author ized by 
state law, a charter school shall not be eligib le to receive state-
dedicated, local or county revenue ; provided, a charter school may 
be eligible to receive any other aid, grants or revenues allowed to 
other schools. A charter school sponsored by the board of education   
 
ENR. S. B. NO. 229 	Page 29 
of a technology center school di strict, a higher education 
institution, the State Boar d of Education, or a federally recognized 
Indian tribe shall be considered a local education agency for 
purposes of funding.  A charter school spon sored by a board of 
education of a school district shal l be considered a local education 
agency for purposes of federal funding. 
 
D.  A charter school, in addi tion to the money received from the 
state, may receive money from any other source. Any unexpended 
funds received by a charter school may be reserved and used for 
future purposes.  The governing body of a charter school shall not 
levy taxes or issue bonds .  If otherwise allowed by law, the 
governing body of a charter sc hool may enter into private cont racts 
for the purposes of borrowing money from lenders.  If the governing 
body of the charter school borrows money, the charter school shall 
be solely responsible for repaying the debt, and the state or the 
sponsor shall not in any way be responsible or ob ligated to repay 
the debt. 
 
E.  Any charter school which chooses to lease property shall be 
eligible to receive current government lease rates. 
 
F.  Except as otherwise provided in this subsection, each 
charter school shall pa y to the Charter School Closure Reimbursement 
Revolving Fund created in subsection G of this section an amount 
equal to Five Dollars ($5.0 0) per student based on average daily 
membership, as defined by paragraph 2 of Section 18-107 of this 
title, during the first nine (9) weeks of the sc hool year.  Each 
charter school shall complete the paym ent every school year within 
thirty (30) days after the first nine (9) weeks of the school year.  
If the Charter School Closure Reimbursement Revolving Fund has a 
balance of One Million Dollars ($1,000 ,000.00) or more on July 1, no 
payment shall be require d the following school year. 
 
G.  There is hereby c reated in the State Treasury a revolving 
fund for the State Department of Education to be designated the 
“Charter School Closure Reimbursement Revolvin g Fund”.  The fund 
shall be a continuing fund, not subj ect to fiscal year limitations, 
and shall consist of all monies received by the State Department of 
Education from charter schools as provided in subsection F of this 
section.  All monies accruing to t he credit of said fund are hereby 
appropriated and may be budgeted and expended by the State   
 
ENR. S. B. NO. 229 	Page 30 
Department of Education for the purpose of reimbursing charter 
school sponsors for costs incurred due to the closure of a charter 
school.  Expenditures from said f und shall be made upon warrants 
issued by the State Tre asurer against claims filed as prescribed by 
law with the Director of the Office of Management and Ente rprise 
Services for approval and payment.  The State Department of 
Education may promulgate rules regarding sponsor eligibility for 
reimbursement. 
 
SECTION 8.     AMENDATORY     70 O.S. 2011, Section 10-103.1, is 
amended to read as follows : 
 
Section 10-103.1. A. The school population, scholastic 
population, scholastic enumeration, and enumeration of a district 
shall be the legal average d aily attendance.  The legal average 
daily attendance shall be the average number of pupils present in a 
school district during a year or other specified period of time. 
The State Board of Education sha ll determine the legal average daily 
attendance for each school district by dividing the aggregate day s 
of pupils present in each school district by the numb er of days 
taught in each school district. 
 
B.  The legal average d aily attendance for purposes of t he 
distributions contained in subsection (b) of Sectio n 9 of Article X 
of the Oklahoma Constitution, Section 1004 of Title 68 of the 
Oklahoma Statutes, Secti on 1104 of Title 47 of the Oklahoma Statutes 
and Sections 10-104 and 615 of this title shall not in clude the 
average daily attendance for students enroll ed in a charter school. 
 
SECTION 9.  It being immediately necessary for the preservati on 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason where of this act shall take effect and 
be in full force fro m and after its passage and approval. 
   
 
ENR. S. B. NO. 229 	Page 31 
Passed the Senate the 20th day of May, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 24th day of May, 2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clo ck _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __